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 .
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 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.
Status of Claims
Below is the Final Action on the Merit for claims 8 – 29. Claims 1 – 7 are allowed.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 8 – 29 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 11 – 16, 19, 21, 23, 25 – 30 of prior U.S. Patent No. 11,827,190. This is a statutory double patenting rejection.
Instant Application 18/381,541
U. S. Patent No. 11,827,190
Claim 8
A snow paddle kit, comprising a snow removal paddle, a handle mountable to the snow removal paddle, and an edge cap mountable to a lower edge of the snow removal paddle, wherein: the snow removal paddle has a snow-facing surface when the edge cap is not mounted on the snow removal paddle; the snow-facing surface of the snow removal paddle has a first surface area; the snow paddle kit has a snow-facing surface when the edge cap is mounted on the snow removal paddle; the snow-facing surface of the snow paddle kit has a second surface area; and the second surface area is at least 100 square centimeters greater than the first surface area.
Claim 9
The snow paddle kit of claim 8, wherein: the snow removal paddle has a snow-facing surface; the snow removal paddle comprises at least two tabs that extend from the snow-facing surface; the snow removal paddle has a back opposite the snow facing surface; the back comprises at least two tabs that extend from the snow-facing surface; the edge cap has two faces that are opposite each other and that each comprise at least two apertures; and when the edge cap is mounted to the snow removal paddle, then (1) the at least two apertures of one face of the edge cap receive the at least two tabs of the snow-facing surface, and (2) the at least to apertures of the other face of the edge cap receive the at least two tabs of the back of the snow removal paddle.
Claim 9
A snow paddle kit, comprising a snow removal paddle, a handle mountable to the snow removal paddle, and an edge cap mountable to a lower edge of the snow removal paddle, wherein: the snow removal paddle has a snow-facing surface when the edge cap is not mounted on the snow removal paddle; the snow-facing surface of the snow removal paddle has a first surface area; the snow paddle kit has a snow-facing surface when the edge cap is mounted on the snow removal paddle; the snow-facing surface of the snow paddle kit has a second surface area; the second surface area is at least 100 square centimeters greater than the first surface area; the snow removal paddle comprises at least two tabs that extend from the snow-facing surface; the snow removal paddle has a back opposite the snow facing surface; the back comprises at least two tabs that extend from the back of the snow removal paddle snow=facing surface; the edge cap has two faces that are opposite each other and that each comprise at least two apertures; and when the edge cap is mounted to the snow removal paddle, then (1) the at least two apertures of one face of the edge cap receive the at least two tabs of the snow-facing surface, and (2) the at least to apertures of the other face of the edge cap receive the at least two tabs of the back of the snow removal paddle.
Claim 10
A snow paddle kit, comprising a snow removal paddle, a handle mountable to the snow removal paddle, and an edge cap mountable to a lower edge of the snow removal paddle, wherein: the edge cap and the snow removal paddle have a profile, which is a projection of the edge cap and the snow removal paddle into a 2-dimensional plane when the edge cap is mounted to the snow removal paddle; the edge cap has a lower surface configured to contact a vehicle, and the profile comprises a boundary that circumscribes the profile; a lower surface projection of the lower surface into the 2-dimensional plane forms a portion of the boundary of the profile; the profile has a distal surface, which is bounded by (1) the lower surface projection, (2) a distal line that is both parallel to and 5 centimeters from the lower surface projection, and (3) two segments of the boundary that extend from the lower surface projection to intersect the distal line; the profile has a proximal surface, which is bounded by (1) an intermediate line that is both parallel to and 15 centimeters from the lower surface projection, (2) a proximal line that is both parallel to and 20 centimeters from the lower surface projection, and (3) two segments of the boundary that intersect the intermediate line and the proximal line; the profile has an intermediate surface, which is bounded by (1) the intermediate line, (2) a second intermediate line that is both parallel to and 10 centimeters from the lower surface projection, and (3) two segments of the boundary that intersect the intermediate line and the second intermediate line; the distal surface has a distal surface area, the proximal surface has a proximal surface area, and the intermediate surface has an intermediate surface area; the distal surface area is at least 1.5 times and up to 1.9 times the size of the proximal surface area; the distal surface area is at least 1.5 times and up to 1.9 times the size of the intermediate surface area; the profile has an arm width, which is a maximum distance measured parallel to the lower surface projection and between the two segments of the boundary that extend from the lower surface projection to intersect the distal line; and the arm width is at least 35 centimeters and up to 70 centimeters.
Claim 30
A snow paddle kit, comprising a snow removal paddle, a handle mountable to the paddle, and an edge cap mountable to a lower edge of the paddle, wherein: the edge cap and the snow removal paddle have a profile, which is a projection of the edge cap and the snow removal paddle into a 2-dimensional plane when the edge cap is mounted to the snow removal paddle; the profile comprises a boundary that circumscribes the profile; a lower surface projection of a lower surface of the edge cap into the 2-dimensional plane forms a portion of the boundary of the profile; the profile has a distal surface, which is bounded by (1) the lower surface projection, (2) a distal line that is both parallel to and 5 centimeters from the lower surface projection, and (3) two segments of the boundary that extend from the lower surface projection to intersect the distal line; the profile has a proximal surface, which is bounded by (1) an intermediate line that is both parallel to and 15 centimeters from the lower surface projection, (2) a proximal line that is both parallel to and 20 centimeters from the lower surface projection, and (3) two segments of the boundary that intersect the intermediate line and the proximal line;
Claim 21
wherein: the profile has a second intermediate surface, which is bounded by (1) the distal line, (2) a second intermediate line that is both parallel to and 10 centimeters from the lower surface projection, and (3) two segments of the boundary that intersect the intermediate line and the second intermediate line; and the second intermediate surface has a concave shape.
Claim 30
the distal surface has a distal surface area, and the proximal surface has a proximal surface area; the distal surface area is at least 1.5 times the size of the proximal surface area; the profile has an arm width, which is a maximum distance measured parallel to the lower surface projection and between the two segments of the boundary that extend from the lower surface projection to intersect the distal line; and the arm width is at least 35 centimeters.
Claim 11
A snow paddle kit, comprising a snow removal paddle, a handle mountable to the paddle, and an edge cap mountable to a lower edge of the paddle, wherein: the edge cap and the snow removal paddle have a profile, which is a projection of the edge cap and the snow removal paddle into a 2-dimensional plane when the edge cap is mounted to the snow removal paddle; the profile comprises a boundary that circumscribes the profile; a lower surface projection of a lower surface of the edge cap into the 2-dimensional plane forms a portion of the boundary of the profile; the profile has a distal surface, which is bounded by (1) the lower surface projection, (2) a distal line that is both parallel to and 5 centimeters from the lower surface projection, and (3) two segments of the boundary that extend from the lower surface projection to intersect the distal line; the profile has a proximal surface, which is bounded by (1) an intermediate line that is both parallel to and 15 centimeters from the lower surface projection, (2) a proximal line that is both parallel to and 20 centimeters from the lower surface projection, and (3) two segments of the boundary that intersect the intermediate line and the proximal line; the distal surface has a distal surface area, and the proximal surface has a proximal surface area; the distal surface area is at least 1.5 times and up to 1.9 times the size of the proximal surface area; the profile has an arm width, which is a maximum distance measured parallel to the lower surface projection and between the two segments of the boundary that extend from the lower surface projection to intersect the distal line; and the arm width is at least 35 centimeters.
Claim 11
A snow paddle kit, comprising a snow removal paddle, a handle mountable to the paddle, and an edge cap mountable to a lower edge of the paddle, wherein: the edge cap and the snow removal paddle have a profile, which is a projection of the edge cap and the snow removal paddle into a 2-dimensional plane when the edge cap is mounted to the snow removal paddle; the profile comprises a boundary that circumscribes the profile; a lower surface projection of a lower surface of the edge cap into the 2-dimensional plane forms a portion of the boundary of the profile; the profile has a distal surface, which is bounded by (1) the lower surface projection, (2) a distal line that is both parallel to and 5 centimeters from the lower surface projection, and (3) two segments of the boundary that extend from the lower surface projection to intersect the distal line; the profile has a proximal surface, which is bounded by (1) an intermediate line that is both parallel to and 15 centimeters from the lower surface projection, (2) a proximal line that is both parallel to and 20 centimeters from the lower surface projection, and (3) two segments of the boundary that intersect the intermediate line and the proximal line; the distal surface has a distal surface area, and the proximal surface has a proximal surface area; the distal surface area is at least 1.5 times and up to 1.9 times the size of the proximal surface area; the profile has an arm width, which is a maximum distance measured parallel to the lower surface projection and between the two segments of the boundary that extend from the lower surface projection to intersect the distal line; and the arm width is at least 35 centimeters
Claim 12
The snow paddle kit of claim 11, wherein: the profile has a neck width, which is a minimum distance measured parallel to the lower surface projection and between two segments of the boundary that extend from the lower surface projection to intersect the intermediate line; and the neck width is at least 10 centimeters and up to 80 percent of the lower arm width.
Claim 12
The snow paddle kit of claim 11, wherein: the profile has a neck width, which is a minimum distance measured parallel to the lower surface projection and between two segments of the boundary that extend from the lower surface projection to intersect the intermediate line; and the neck width is at least 10 centimeters and up to 80 percent of
the lower arm width.
Claim 13
The snow paddle kit of claim 12, wherein: the neck width is at least 15 centimeters and up to 30 centimeters; and the arm width is at least 40 centimeters and up to 70 centimeters.
Claim 13
The snow paddle kit of claim 12, wherein: the neck width is at least 15 centimeters and up to 30 centimeters; and the arm width is at least 40 centimeters and up to 70 centimeters.
Claim 14
The snow paddle kit of claim 12, wherein the arm width is at least 15 centimeters and up to 35 centimeters greater than the neck width.
Claim 14
The snow paddle kit of claim 12, wherein the arm width is at least 15 centimeters and up to 35 centimeters greater than the neck width.
Claim 15
The snow paddle kit of claim 12, wherein the arm width is at least 1.5 times and up to 2.0 times the neck width.
Claim 15
The snow paddle kit of claim 12, wherein the arm width is at least 1.5 times and up to 2.0 times the neck width.
Claim 16
The snow paddle kit of claim 11, wherein the distal surface area is at least 200 square centimeters and up to 300 square centimeters.
Claim 16
The snow paddle kit of claim 11, wherein the distal surface area is at least 200 square centimeters and up to 300 square centimeters.
Claim 19
The snow paddle kit of claim 11, wherein: the profile has a lower paddle surface, which is bounded by the lower surface projection, the proximal line, and two boundary segments that extend from the lower surface projection to intersect the proximal line; and the lower paddle surface has a surface area of at least 600 square centimeters and up to 800 square centimeters.
Claim 19
The snow paddle kit of claim 11, wherein: the profile has a lower paddle surface, which is bounded by the lower surface projection, the proximal line, and two boundary segments that extend from the lower surface projection to intersect the proximal line; and the lower paddle surface has a surface area of at least 600 square centimeters and up to 800 square centimeters.
Claim 21
The snow paddle kit of claim 11, wherein: the profile has a second intermediate surface, which is bounded by (1) the distal line, (2) a second intermediate line that is both parallel to and 10 centimeters from the lower surface projection, and (3) two segments of the boundary that intersect the intermediate line and the second intermediate line; and the second intermediate surface has a concave shape.
Claim 21
The snow paddle kit of claim 11, wherein: the profile has a second intermediate surface, which is bounded by (1) the distal line, (2) a second intermediate line that is both parallel to and 10 centimeters from the lower surface projection, and (3) two segments of the boundary that intersect the intermediate line and the second intermediate line; and the second intermediate surface has a concave shape.
Claim 22
The snow paddle kit of claim 21, wherein the two segments of the boundary that intersect the distal line and the second intermediate line each comprise an angled, concave corner.
Claim 23
The snow paddle kit of claim 22, wherein: an upper surface projection of an upper surface of the edge cap into the 2-dimensional plane forms a portion of the boundary of the profile; two side surface projections of two side surfaces of the snow removal paddle into the 2- dimensional plane form a portion of the boundary of the profile; and each angled, concave corner is defined by a point at which the upper surface projection of the edge cap meets a side surface projection of the snow remove paddle.
Claim 23
The snow paddle kit of claim 21, wherein: the two segments of the boundary that intersect the distal line and the second intermediate line each comprise an angled, concave corner; an upper surface projection of an upper surface of the edge cap into the 2-dimensional plane forms a portion of the boundary of the profile; two side surface projections of two side surfaces of the snow removal paddle into the 2- dimensional plane form a portion of the boundary of the profile; and each angled, concave corner is defined by a point at which the upper surface projection of the edge cap meets a side surface projection of the snow remove paddle.
Claim 25
The snow paddle kit of claim 11, comprising a scraper edge, wherein: a scraper edge projection of the scraper edge into the 2-dimensional plane forms a portion of the boundary of the profile; the scraper edge projection has a length that is measured parallel to the lower surface projection; and the arm width is at least 2.0 times the length of the scraper edge projection.
Claim 25
The snow paddle kit of claim 11, comprising a scraper edge, wherein: a scraper edge projection of the scraper edge into the 2-dimensional plane forms a portion of the boundary of the profile; the scraper edge projection has a length that is measured parallel to the lower surface projection; and the arm width is at least 2.0 times the length of the scraper edge projection.
Claim 26
The snow paddle kit of claim 11, wherein the edge cap has a mass of at least 135 grams.
Claim 26
The snow paddle kit of claim 11, wherein the edge cap has a mass of at least 135 grams.
Claim 27
The snow paddle kit of claim 11, wherein the edge cap has a mass of at least 135 grams and no greater than 200 grams.
Claim 27
The snow paddle kit of claim 11, wherein the edge cap has a mass of at least 135 grams and no greater than 200 grams.
Claim 28
The snow paddle kit of claim 11, wherein: an upper surface projection of an upper surface of the edge cap into the 2-dimensional plane forms a portion of the boundary of the profile; and the distance between the lower surface projection and the upper surface projection and perpendicular to the both the lower surface projection and the upper surface projection is at least 4 centimeters and up to 10 centimeters.
Claim 28
The snow paddle kit of claim 11, wherein: an upper surface projection of an upper surface of the edge cap into the 2-dimensional plane forms a portion of the boundary of the profile; and the distance between the lower surface projection and the upper surface projection and perpendicular to the both the lower surface projection and the upper surface projection is at least 4 centimeters and up to 10 centimeters.
Claim 29
The snow paddle kit of claim 11, wherein: the projection has an inverted T shape; an edge cap projection of the edge cap into the 2-dimensional plane forms arms of the inverted T shape; and a snow removal paddle projection of the snow removal paddle into the 2-dimensional plane forms a stalk of the inverted T shape.
Claim 29
The snow paddle kit of claim 11, wherein: the projection has an inverted T shape; an edge cap projection of the edge cap into the 2-dimensional plane forms arms of the inverted T shape; and a snow removal paddle projection of the snow removal paddle into the 2-dimensional plane forms a stalk of the inverted T shape.
Response to Arguments
Applicant’s arguments, see Applicants Arguments/Remarks dated November 13, 2025 with respect to the rejection of claims 1 – 7 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. Claims 1 – 7 are allowed.
Regarding the Terminal Disclaimer filed, the disclaimer does not apply to claims 8 – 29 as the rejection is a statutory type (35 U.S.C. 101) double patenting rejection and the rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723