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 .
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 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18332564 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to dock levelers having a leg, deck hinge bracket, c-shaped brackets and stock plates.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over DiSieno et al (5,784,740) (“DiSieno”) in view of Le Clear (3,071,790).
Regarding claim 1, DiSieno teaches a dock leveler, comprising: a leg (34), a deck hinge bracket (38) coupled to a top portion of the leg (See marked up Figure 2 below).
DiSieno teaches the invention as described above but fails to teach a stock plate. Le Clear teaches a dock leveler having a deck hinge bracket (79) with a rear wall and bottom plate (Figure 1) and further teaches the bottom plate of the deck hinge bracket comprises a stock plate extending upward from a top surface of the bottom plate, and wherein the deck hinge shaft is coupled to a top surface of the stock plate (See marked up Figure 1 below). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a stock plate on the hinge bracket of DiSieno as taught by Le Clear as it is obvious to use a known technique to improve similar devices in the same way.
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Regarding claim 16, DiSieno teaches a dock leveler for a loading dock, comprising: a leg bracket (34) assembly couplable to a back wall of the dock, comprising: a leg (34), a deck hinge bracket (38)coupled to a top portion of the leg; and a deck hinge shaft (39); and a deck (40), wherein the back of the deck is rotatably coupled to the deck hinge shaft. DiSieno teaches the invention as described above but fails to teach a stock plate. Le Clear teaches a dock leveler having a deck hinge bracket (79) with a rear wall and bottom plate (Figure 1) and further teaches the bottom plate of the deck hinge bracket comprises a stock plate extending upward from a top surface of the bottom plate, wherein the stock plate extends along at least a portion of the length of the deck hinge bracket; and a deck hinge shaft (78) contacting the stock plate (See marked up Figure 1 above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a stock plate on the hinge bracket of DiSieno as taught by Le Clear as it is obvious to use a known technique to improve similar devices in the same way.
Regarding claim 17, DiSieno as modified by LeClear teaches the back of the deck comprises a first end and a second end, and wherein the deck hinge shaft extends from the first end to the second end (the hinge shaft extends the width of the deck).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over DiSieno et al (5,784,740) (“DiSieno”) in view of Le Clear (3,071,790) and in further view of Hahn (4,570,277).
Regarding claim 7, Di Sieno as modified by Le Clear teaches the invention as described above but fails to teach a c-shaped bracket. Hahn teaches a dock leveler having a leg (13a) and a hinge bracket (13d) wherein the deck hinge bracket further comprises a C- shaped bracket (13c) coupled to the deck hinge bracket, wherein the one or more C-shaped brackets (13c) are shaped to receive the deck hinge shaft (18a). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a c-shaped bracket on the hinge bracket of DiSieno as taught by Hahn as it is obvious to use a known technique to improve similar devices in the same way. The combination of DiSieno and Hahn would result in the c-shaped bracket being coupled to the rear plate and bottom plate of DiSieno.
Claim(s) 8, 9, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over DiSieno et al (5,784,740) (“DiSieno”) in view of Le Clear (3,071,790) and in further view of Hahn (4,570,277).
Regarding claim 8, DiSieno teaches a dock leveler, comprising: a leg (34), a deck hinge bracket (38) coupled to a top portion of the leg and comprising a bottom plate (See marked up Figure 2 above). DiSieno fails to teach a c-shaped bracket or a stock plate. Le Clear teaches a dock leveler having a deck hinge bracket (79) with a rear wall and bottom plate (Figure 1) and further teaches the bottom plate of the deck hinge bracket comprises a stock plate extending upward from a top surface of the bottom plate, and wherein the deck hinge shaft is coupled to a top surface of the stock plate (See marked up Figure 1 below). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a stock plate on the hinge bracket of DiSieno as taught by Le Clear as it is obvious to use a known technique to improve similar devices in the same way. Hahn teaches a dock leveler having a leg (13a) and a hinge bracket (13d) wherein the deck hinge bracket further comprises a C- shaped bracket (13c) coupled to a top surface of the bottom plate, a deck hinge shaft (18a) disposed within the first C-shaped bracket (13c). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a c-shaped bracket on the hinge bracket of DiSieno as taught by Hahn as it is obvious to use a known technique to improve similar devices in the same way. The combination of DiSieno, LeClear and Hahn would result in the first stock plate extending from a location proximate the first C-shaped bracket along a first portion of a length of the bottom plate; and the first C-shaped bracket contacting a top of the first stock plate.
Regarding claim 9, DiSieno as modified by LeClear and Hahn teaches a second C-shaped bracket (13c) coupled to the top surface of the bottom plate of the deck hinge bracket and spaced from the first C-shaped bracket, wherein the deck hinge shaft (18a) is disposed within the second C-shaped bracket.
Regarding claim 11, DiSieno as modified by LeClear and Hahn teaches the deck hinge shaft extends from a first location proximate a first end of the deck hinge bracket to a second location proximate a second end of the deck hinge bracket (shaft extends the length of the bracket).
Allowable Subject Matter
Claim 2-6, 10, 12, 13-15, 18-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed on the attached PTO-892. Wallis teaches a dock leveler having a hinge bracket coupled to a leg portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL ANNE RISIC whose telephone number is (571)270-7819. The examiner can normally be reached 8-5, M-Th.
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/ABIGAIL A RISIC/Primary Examiner, Art Unit 3671 January 20, 2026