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 .
Continuation
This application discloses and claims only subject matter disclosed in prior Application No. 16/663,276, filed 24 October 2019, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
In claim 1, second to last line the phrase “least out outlet” should be replaced by --least one outlet--.
In claim 1, last line the phrase “to the opposing” should be replaced by --to opposing--.
In claim 8, line 2, the term “receptacles” should be replaced by --receptacle--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-12 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nekhala (US 11,596,239).
Regarding claim 1, Nekhala discloses an apparatus comprising:
a cord (200) including a drawstring (201) and an elastic band (202);
a rigid coupler (100) having an upper surface , a lower surface and four sides including (Figs. 9A-10B):
a lower portion (104);
an upper portion (102) mateable with the lower portion;
a first inlet and a second inlet (140a, 140b), each defined by the upper and lower portions, the first and second inlets being unobstructed, a portion of the drawstring and the elastic band of the cord entering through the first inlet and second inlet from opposing sides of the four sides (Fig. 11b as shown); and
at least one outlet (130a) defined by the upper portion and the lower portion, a portion of the drawstring of the cord exiting through the at least out outlet on a third side perpendicular to the opposing ends that define the first inlet and the second inlet (Fig. 11b as shown).
Regarding claim 2, Nekhala further discloses wherein the at least one outlet includes two outlets (130a, 130b).
Regarding claim 3, Nekhala further discloses wherein the first inlet and the second inlet each have a central region of a first height, and side regions of a second height, the first height and the second height being uneven (Figs. 9C and 9D as shown).
Regarding claim 4, Nekhala further discloses wherein the first inlet and the second inlet include narrow extremities for receiving the drawstring and a region that is taller than the narrow extremities for receiving both the drawstring and the elastic band (Figs. 9C and 9D as shown).
Regarding claim 5, Nekhala further discloses wherein each of the at least one outlet is circular (Fig. 9B as shown).
Regarding claim 6, Nekhala further discloses a plurality of pins (120) on one of the upper and lower portions, and a plurality of receivers (110) on another of the upper and lower portions, the plurality of pins and the plurality of receivers being aligned with one another (Figs. 10A-10B as shown).
Regarding claim 7, Nekhala further discloses wherein the plurality of pins and the plurality of receivers are cylindrical (Figs. 10A-10B as shown).
Regarding claim 8, Nekhala further discloses at least one projection (112) on one of the upper and lower portions, and at least one receptacles (122) on another of the upper and lower portions, the at least one projection and the at least one receptacle being aligned with one another (Figs. 10A-10B as shown), each of the at least one projection and the at least one receptacles defining a hole (114, 124) for accepting a fastener.
Regarding claim 12, Nekhala further discloses wherein the upper and lower portions form a coupler in the shape of a rectangular prism (Figs. 9A-11B as shown).
Regarding claim 14, Nekhala further discloses wherein the upper and lower portions are of a same size and shape (Figs. 9A-11B as shown).
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-12 and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,596,239. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of claim 1 appears of the instant application appears to be completely anticipated within claim 1 of the U.S. Patent.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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/M.S.L/Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677