DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF APPLICATION
This Office Action is responsive to application number 17/016,482 INFLATABLE SPA, filed 09/10/2020. Claims 1-15 are pending.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. For example, “is disclosed” should be deleted.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,421,434. Although the claims at issue are not identical, they are not patentably distinct from each other because each feature recited in claims 1-15 of the instant application are met by the combination of claims 1-15 in the granted patent.
a. The subject matter of claim 1 is further disclosed by claim 1 of the ‘434 patent.
b. The subject matter of claim 2 is further disclosed by claim 2 of the ‘434 patent.
c. The subject matter of claim 3 is further disclosed by claim 3 of the ‘434 patent.
d. The subject matter of claim 4 is further disclosed by claim 4 of the ‘434 patent.
e. The subject matter of claim 5 is further disclosed by claim 5 of the ‘434 patent.
f. The subject matter of claim 6 is further disclosed by claim 6 of the ‘434 patent.
g. The subject matter of claim 7 is further disclosed by claim 7 of the ‘434 patent.
h. The subject matter of claim 8 is further disclosed by claim 8 of the ‘434 patent.
i. The subject matter of claim 9 is further disclosed by claim 9 of the ‘434 patent.
j. The subject matter of claim 10 is further disclosed by claim 10 of the ‘434 patent.
k. The subject matter of claim 11 is further disclosed by claim 11 of the ‘434 patent.
l. The subject matter of claim 12 is further disclosed by claim 12 of the ‘434 patent.
m. The subject matter of claim 13 is further disclosed by claim 13 of the ‘434 patent.
n. The subject matter of claim 14 is further disclosed by claim 14 of the ‘434 patent.
o. The subject matter of claim 15 is further disclosed by claim 15 of the ‘434 patent.
Conclusion
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/LORI L BAKER/Primary Examiner, Art Unit 3754
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COMMUNICATIONS VIA THE INTERNET AND AUTHORIZATION
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"The authorization given on______, to the USPTO to communicate with me via the Internet is hereby withdrawn. I understand that the withdrawal is effective when approved rather than when received."
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