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 Claims
This Office Action is in response to the application file on May 15, 2023. Claims 1-11 are presently pending and are presented for examination. Claims 1-3 and 10 are currently amended. Claims 4-9 and 11 are as originally presented.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Republic of Korea Application No. 10-2020-0151834, filed on November 13, 2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 15, 2023 was considered by the examiner.
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.
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Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/566,917. Although the claims at issue are not identical, they are not patentably distinct from each other: A tension maintaining unit of a continuous track device for a ship (A tension maintaining unit for a caterpillar apparatus), comprising:
a first output unit connected to a first rotary member of a continuous track body and comprising a first one-way bearing (a first one-way bearing unit with a first one-way bearing connected to a first rotary member of a continuous track body);
a second output unit connected to a second rotary member of the continuous track body and comprising a second one-way bearing (a second one-way bearing unit with a second one-way bearing connected to a second rotary member of the continuous track body);
and an actuator (an actuator) configured to transmit power to the first output unit (first one-way bearing unit) and the second output unit (second one-way bearing unit), (and an actuator transmitting power to the first one-way bearing unit and the second one-way bearing unit)
wherein when the continuous track body moves forwards, the first one-way bearing freely rotates to inhibit tension of a first power transmission member provided in the continuous track body from being loosened, and the second one-way bearing is actuated by power, and when the continuous track body moves backwards, the second one-way bearing freely rotates to inhibit the tension of the first power transmission member from being loosened, (wherein tension of a continuous track member provided in the continuous track body is inhibited from being loosed loosened as the continuous track body is driven with power of the second one-way bearing and the first one-way bearing rotates freely upon forward movement, the tension of the continuous track member is inhibited from being loosened as the continuous track body is driven with power of the first one-way bearing and the second one-way bearing rotates freely upon backward movement)
and the first one-way bearing is actuated by power (receives power from an actuator output shaft provided in the actuator).
Examiner Note: Application No. 18/566,917 claim 1 recites “a rotation direction selector” in line 3 under broadest reasonable interpretation (BRI) is interpreted as an actuator control feature that allows the actuator to turn clockwise or counterclockwise, the actuation pully (520) or as the second power transmission actuator/belt (600) as the belt’s rotation selects the direction on the one-way bearings (See at least: this application Figs. 8(a) and 8(b)).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 10 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of copending Application No. 18/566,917: A continuous track device for a ship, comprising: (A caterpillar apparatus comprising:)
a continuous track body comprising (a continuous track body comprising)
a first rotary member (a first rotary member) supporting a first side of a first power transmission member (a rotation direction selector) and rotating configured to rotate along with the first power transmission member,
and a second rotary member (a second rotary member) disposed to be spaced apart from the first rotary member and supporting a second side of the first power transmission member;
and a tension maintaining unit (a track tensioner) comprising a first output unit (a first one-way bearing unit) connected to the first rotary member and comprising a first one-way bearing (a first one-way bearing), a second output unit (a second one-way bearing) connected to the second rotary member and comprising a second one-way bearing (a second one-way bearing unit), (a rotation direction selector comprising a first one-way bearing unit with a first one-way bearing connected to the first rotary member of a continuous track body, and a second one-way bearing unit with a second one-way bearing connected to the second rotary member)
and an actuator (an actuator) transmitting configured to transmit power to the first output unit (the first one-way bearing unit) and the second output unit (the second one-way bearing unit), (and an actuator transmitting power to the first one-way bearing unit and the second one-way bearing unit)
wherein when the continuous track body moves forwards, the first one-way bearing freely rotates to inhibit tension of a first power transmission member provided in the continuous track body from being loosened, and the second one-way bearing is actuated by power, and when the continuous track body moves backwards, the second one-way bearing freely rotates to inhibit the tension of the first power transmission member from being loosened, (wherein tension of a continuous track member provided in the continuous track body is inhibited from being loosed loosened as the continuous track body is driven with power of the second one-way bearing and the first one-way bearing rotates freely upon forward movement, the tension of the continuous track member is inhibited from being loosened as the continuous track body is driven with power of the first one-way bearing and the second one-way bearing rotates freely upon backward movement,)
and the first one-way bearing is actuated by power. (receives power from an actuator)
This is a provisional nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 2-9 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding independent claims 1 and 10, in combination with the other structures required by the base claim and intervening claims, the prior art fails to disclose, teach, suggest, or render obvious the claimed configuration’s element
For claim 1: “…a first output unit connected to a first rotary member of a continuous track body and comprising a first one-way bearing; a second output unit connected to a second rotary member of the continuous track body and comprising a second one-way bearing…”.
For claim 10: “…a first output unit connected to the first rotary member and comprising a first one-way bearing, a second output unit connected to the second rotary member and comprising a second one-way bearing…”.
The closest prior art of Yokoo (JP 2005145234 A) {cited by applicant} discloses a front gearbox (9) and rear gearbox (10) performing a similar function to the claimed one-way bearings (See at least: figs 1-2). The applicant claims a first and second one-way bearing which is interpreted as an; uni-directional bearing, one way bearing or clutch bearing. Therefore, the gearbox of Yokoo is not being interpreted as a one-way bearing in this sense as the disclosed gearbox (9, 10) includes a reduction gear which is used to lower the speed of rotation of engine (8).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Additional Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure and may be found in the accompanying PTO-892 Notice of References Cited:
Morishita (JP 57194169 A) teaches a track take-up unit in a caterpillar vehicle which uses a spring and hydraulic cylinder to maintain tension.
Simmons (US 20030116366 A1) teaches a drive assembly for a track machine that uses a gear seat and actuator (See at least fig. 3).
Wang et al. (CN 1789062 A) teaches a hull surface cleaning using permanent-magnet adhering double caterpillar robot that uses a tightening bolt (15) (See at least: fig. 2; Disclosure 2ed full para. “…bolt tension device for adjusting tightness…”.).
Pan (CN 107323558 A) teaches a magnetic attraction type climbing nailing device comprising a single one-way bearing (511) for a chain wheel (See at least: fig. 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC ANTHONY STARCK whose telephone number is (571)272-6651. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm Eastern Standard Time (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAMUEL J MORANO can be reached at (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.A.S./Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615