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 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11,848,517. Although the claims at issue are not identical, they are not patentably distinct from each other because they claimed the same invention.
Regarding claim 1, Patent’s claims 1 disclosed the claimed invention.
Regarding claim 2, Patent’s claims 2 disclosed the claimed invention.
Regarding claim 3, Patent’s claims 3 disclosed the claimed invention.
Regarding claim 4, Patent’s claims 1 disclosed the claimed invention.
Regarding claim 5, Patent’s claims 1 disclosed the claimed invention.
Regarding claim 6, Patent’s claims 4 disclosed the claimed invention.
Regarding claim 7, Patent’s claims 5 disclosed the claimed invention.
Regarding claim 8, Patent’s claims 5 disclosed the claimed invention.
Regarding claim 9, Patent’s claims 6 disclosed the claimed invention.
Regarding claim 10, Patent’s claims 5 disclosed the claimed invention.
Regarding claims 7-10, Patent’s claims 7 disclosed the claimed invention.
Regarding claim 11, Patent’s claims 8 disclosed the claimed invention.
Regarding claim 12, Patent’s claims 9 disclosed the claimed invention.
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.
Claims 1-3, 5 are rejected under 35 U.S.C. 102(a1) as being anticipated by Chien et al. (US 9,640,910).
Regarding claim 1, Chien et al. disclose an unbuckling unit (150, Fig. 5A), comprising:
a base member (151); and
a rotary member (156-1 or 156-2), operably connected to the base member, and comprising a first arm part (162), a second arm part (158) extended from the first arm part and a rotary part (160) disposed between the first arm part and the second arm part, wherein the first arm part is an arc-shaped plate, the second arm part comprises a buckling unit (159), and the rotary part is connected to the base member; wherein
when the first arm part is applied with an external force, the rotary member rotates about the rotary part as a rotation center to drive the second arm part to ascend.
Regarding claim 2, Chen et al. disclose the first arm part and the second arm part are a rigid component respectively.
Regarding claim 3, Chen et al. disclose the base member and the rotary member are integrally formed.
[AltContent: textbox (Deformable segment)]Regarding claim 5, Chen et al. disclose the rotary part comprises a deformable segment and a fixed segment, the deformable segment is protruded from a junction location of the first arm part and the second arm part, and the fixed segment is connected between the deformable segment and the base member.
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Regarding claim 6, Chien et al. disclose the buckling unit is a buckle block (159).
Regarding claim 7, Chien et al. dislose a terminal block structure (130), used to be connected to an engaging connector (120), the engaging connector comprising a buckled unit (122), and the terminal block structure comprising:
an insulating housing (130); and
at least one unbuckling unit (150), fastened on the insulating housing and comprising a base member (151) and a rotary member (156-1 or 156-2), wherein the rotary member is operably connected to the base member, the rotary member comprises a first arm part (162), a second arm part (158) extended from the first arm part and a rotary part (160) disposed between the first arm part and the second arm part, wherein the first arm part is an arc-shaped plate, the second arm part comprises a buckling unit (159), and the rotary part is connected to the base member; wherein, when the first arm part is applied with an external force, the rotary member rotates about the rotary part as a rotation center to drive the second arm part to ascend to make the buckling unit and the buckled unit be unbuckled.
Allowable Subject Matter
Claims 4 and 8-12 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUC T NGUYEN whose telephone number is (571)272-2011. The examiner can normally be reached monday-friday (7-4).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher M. Koehler can be reached at 5712723560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRUC T NGUYEN/Primary Examiner, Art Unit 2834