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 .
Claim Objections
Claims 10 and 12 are objected to because of the following informalities:
The application includes two sets of “claim 10” presented in pages 2 and 3. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented.
Misnumbered claim 10 (second “claim 10” presented in page 3) has been renumbered as claim 19 for purposes of examination.
The application includes two sets of “claim 12” presented in pages 3 and 4. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented.
Misnumbered claim 12 (second “claim 12” presented in page 4) has been renumbered as claim 20 for purposes of examination.
Appropriate corrections are required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 17 depends from “The method of claim 17”. It appears that the intended meaning may be “The method of claim 15”, and this meaning will be used for purposes of examination.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-12, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0299714 to Yates et al. (hereinafter “Yates”) in view of EP 3594133 to Manyapu et al. (hereinafter “Manyapu”).
Regarding claim 1, Yates teaches a system comprising one or more piezoelectric assemblies, wherein the one or more piezoelectric assemblies comprise a plurality of piezoelectric transducers, wherein the piezoelectric transducers are configured to vibrate based on a magnitude and frequency for removing dust and particles adhered to a solar array of a spacecraft, lander or rover, wherein the solar array operates near celestial bodies with dusty environments such as Earth’s moon [0029-0032, 0035, 0037, 0047 and 0049].
Yates does not teach an amplifier circuitry coupled to the plurality of piezoelectric transducers and configured to provide an alternating-current voltage signal to one or more piezoelectric transducers of the plurality of piezoelectric transducers, wherein the one or more piezoelectric transducers are configured to vibrate based on a magnitude and a frequency of the AC voltage signal.
Manyapu teaches a system comprising one or more piezoelectric assemblies (actuator, figure 28, #2806, wherein the actuator may be a piezoelectric device [0097]), wherein the one or more piezoelectric assemblies comprise a plurality of piezoelectric transducers (plurality of actuators, wherein the actuator may be a piezoelectric device [0095, 0097 and 0098]), and an amplifier circuitry (MDMS controller [0097]) coupled to the plurality of piezoelectric transducers and configured to provide an alternating-current (AC) voltage signal to one or more piezoelectric transducers of the plurality of piezoelectric transducers [0094 and 0097], based on a target configuration associated with removing regolith dust [0002, 0020, and 0097], wherein the one or more piezoelectric transducers are configured to vibrate based on a magnitude and a frequency of the AC voltage signal (figure 29 and [0097]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Yates with an amplifier circuitry coupled to the plurality of piezoelectric transducers and configured to provide an alternating-current voltage signal to one or more piezoelectric transducers of the plurality of piezoelectric transducers, wherein the one or more piezoelectric transducers are configured to vibrate based on a magnitude and a frequency of the AC voltage signal, with a reasonable expectation of success, since Manyapu teaches that it was known in the art to provide an amplifier circuitry (MDMS controller [0097] of Manyapu) coupled to the plurality of piezoelectric transducers and configured to provide an alternating-current (AC) voltage signal to one or more piezoelectric transducers of the plurality of piezoelectric transducers ([0094 and 0097] of Manyapu), based on a target configuration associated with removing regolith dust ([0002, 0020, and 0097] of Manyapu), wherein the one or more piezoelectric transducers are configured to vibrate based on a magnitude and a frequency of the AC voltage signal (figure 29 and [0097] of Manyapu).
Regarding claim 3, Yates/Manyapu further teaches that the one or more piezoelectric assemblies can be attached to the solar array of the vehicle ([0037] of Yates), wherein the solar array can include a flexible blanket (reads on “a fabric material or a non-fabric material of the vehicle”) ([0034] of Yates), and the target configuration is associated with removing the regolith dust from a surface of the vehicle ([0037, 0047 and 0049] of Yates).
Regarding claim 4, Yates/Manyapu teaches that the piezoelectric transducers are arranged in a flexible blanket solar array frame located in the spacecraft, lander or rover ([0029-0032, 0035, 0037, 0047 and 0049] of Yates).
Yates/Manyapu does not teach that the one or more piezoelectric assemblies are included in a cover installable over or removably coupled to the vehicle, and the target configuration is associated with removing the regolith dust from the surface of the cover.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Yates/Manyapu wherein the one or more piezoelectric assemblies are included in a cover installable over the vehicle, and the target configuration is associated with removing the regolith dust from the surface of the cover, with a reasonable expectation of success, since Yates/Manyapu teaches that the piezoelectric transducers can be arranged in a flexible blanket solar array frame located in the spacecraft, lander or rover ([0029-0032, 0035, 0037, 0047 and 0049] of Yates).
Regarding claim 5, Yates/Manyapu further teaches that the vehicle comprises a lunar terrain vehicle, a planetary lander, or a spacecraft ([0029-0032] of Yates).
Regarding claim 6, Yates/Manyapu further teaches a lunar terrain vehicle, a planetary lander, or a spacecraft operable in the space environment ([0029-0032 of Yates).
Yates/Manyapu does not teach that the amplifier circuitry is comprised in at least one of the vehicle, the space station, or the habitat.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Yates/Manyapu wherein the amplifier circuitry is included in the vehicle, with a reasonably expectation of success, for the purpose of saving space. Moreover, the rearrangement of parts is an obvious matter of design choice. Consult MPEP 2144.04 IV.
Regarding claim 7, Yates/Manyapu teaches that the amplifier circuitry is configured to provide the AC voltage signal based on removing the regolith dust ([0020 and 0026] of Manyapu), and that the MDMS controller is configured to adjust the AC voltage signal from an input-signal source to optimize the dust mitigation based on target criteria associated with removing the regolith dust ([0020] of Manyapu).
Yates/Manyapu does not teach that the amplifier circuitry is configured to refrain from providing the AC voltage signal to one or more second piezoelectric transducers of the plurality of piezoelectric transducers, based on the target configuration.
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the system disclosed by Yates/Manyapu wherein the amplifier circuitry is configured to refrain from providing the AC voltage signal to one or more second piezoelectric transducers of the plurality of piezoelectric transducers, based on the target configuration, with a reasonable expectation of success, for the purpose of exclusively removing the regolith dust from specific target areas of the vehicle.
Regarding claim 8, Yates/Manyapu does not teach that the amplifier circuitry is configured to provide a second AC voltage signal to one or more second piezoelectric transducers of the plurality of piezoelectric transducers, based on the target configuration, wherein the one or more second piezoelectric transducers are configured to vibrate based on a second magnitude and a second frequency of the AC voltage signal, and that providing the AC voltage signal and the second AC voltage signal is based on the target configuration associated with removing the regolith dust, wherein the target configuration comprises an order associated with activating the one or more piezoelectric transducers and the one or more second piezoelectric transducers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Yates/Manyapu wherein the amplifier circuitry is configured to provide a second AC voltage signal to one or more second piezoelectric transducers of the plurality of piezoelectric transducers, based on the target configuration, wherein the one or more second piezoelectric transducers are configured to vibrate based on a second magnitude and a second frequency of the AC voltage signal, and that providing the AC voltage signal and the second AC voltage signal is based on the target configuration associated with removing the regolith dust, wherein the target configuration comprises an order associated with activating the one or more piezoelectric transducers and the one or more second piezoelectric transducers, with a reasonable expectation of success, since Manyapu teaches that the amplifier circuitry (MDMS controller) is configured to provide the AC voltage signal based on removing the regolith dust from target locations ([0020 and 0026] of Manyapu), and that the MDMS controller is configured to adjust the AC voltage signal from an input-signal source to optimize the dust mitigation based on target criteria associated with removing the regolith dust, and that the one or more piezoelectric transducers are configured to vibrate ([0020 and 0097] of Manyapu, and [0035, 0037, 0047 and 0049] of Yates).
Regarding claim 9, Yates/Manyapu teaches that the MDMS controller is configured to adjust the AC voltage signal from an input-signal source to optimize the dust mitigation based on target criteria associated with removing the regolith dust such as the size, mass, dielectric proprieties, distribution, etc. ([0020] of Manyapu).
Yates/Manyapu does not teach that the target criteria associated with removing the regolith dust comprise at least one of a removal level of the regolith dust, a target duration associated with removing the regolith dust, and a target power consumption.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Yates/Manyapu wherein the target criteria comprise at least one of a removal level of the regolith dust, a target duration associated with removing the regolith dust, and a target power consumption, with a reasonable expectation of success, for the purpose of optimizing the dust removal, since Manyapu teaches that the MDMS controller is configured to adjust the AC voltage signal from input-signal source to optimize the dust mitigation based on target criteria associated with removing the regolith dust ([0020] of Manyapu).
Regarding claim 10, Yates/Manyapu further teaches that providing the AC voltage signal is based on one or more characteristics associated with the regolith dust, wherein the one or more characteristics comprise particle size ([0020] of Manyapu).
Regarding claim 11, Yates/Manyapu further teaches that at least one piezoelectric assembly of the one or more piezoelectric assemblies is of a mesh structure (see figure 14-15C, and [0095] of Manyapu).
Regarding claim 19, Yates/Manyapu further teaches that providing the AC voltage signal is based on removing the regolith dust from one or more target locations, wherein the target locations are associated with a solar array of a spacecraft, lander or rover ([0017 and 0020] of Manyapu, and [0029-0032, 0035, 0037, 0047 and 0049] of Yates).
Yates/Manyapu does not teach that the one or more target locations are associated with at least one of a front portion of the vehicle, one or more side portions of the vehicle, and a rear portion of the vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Yates/Manyapu wherein the one or more target locations are associated with at least one of a front portion of the vehicle, one or more side portions of the vehicle, and a rear portion of the vehicle, with a reasonable expectation of success, since Yates teaches that the one or more piezoelectric assemblies can be attached to the solar array of the vehicle, wherein the solar array is located on the side of the vehicle ([0031 and 0037], and figure 1C of Yates).
Regarding claim 12, Yates/Manyapu further teaches that the MDMS controller is configured to adjust the AC voltage signal from input-signal source to optimize the dust mitigation based on target criteria associated with removing the regolith dust, and that the one or more piezoelectric transducers are configured to vibrate ([0020 and 0097] of Manyapu, and [0035, 0037, 0047 and 0049] of Yates).
Yates/Manyapu does not teach that the AC voltage signal is based on a target sterilization level associated with sterilizing at least a portion of the regolith dust, and that the vibration of the one or more piezoelectric transducers sterilizes at least the portion of the regolith dust.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Yates/Manyapu wherein the AC voltage signal is based on a target sterilization level associated with sterilizing at least a portion of the regolith dust, and that the vibration of the one or more piezoelectric transducers sterilizes at least the portion of the regolith dust, with a reasonable expectation of success, since Manyapu teaches that the MDMS controller is configured to adjust the AC voltage signal from input-signal source to optimize the dust mitigation based on target criteria associated with removing the regolith dust, and that the one or more piezoelectric transducers are configured to vibrate ([0020 and 0097] of Manyapu).
Regarding claim 20, Yates/Manyapu further teaches that the one or more piezoelectric assemblies are formed of a fabric material ([0095] of Manyapu).
Claims 2 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0299714 to Yates et al. (hereinafter “Yates”) in view of EP 3594133 to Manyapu et al. (hereinafter “Manyapu”), and in further view of CN116240105 to Peng et al. (hereinafter “Peng”, see attached English translation).
Regarding claim 2, Yates/Manyapu does not teach that the one or more piezoelectric assemblies are removably coupled to an exterior surface of the vehicle.
Peng teaches that a transducer can be continuously used after being disassembled from a system and thoroughly cleaned (English translation, page 3, lines 33-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Yates/Manyapu wherein the one or more piezoelectric assemblies are removably coupled to an exterior surface of the vehicle, with a reasonable expectation of success, for the purpose of maintaining and/or cleaning the one or more piezoelectric assemblies, since Peng teaches that a transducer can be continuously used after being disassembled from a system and thoroughly cleaned (English translation, page 3, lines 33-36 of Peng).
Regarding claim 13, Yates teaches a system for use in a vehicle operable in a space environment, the system comprising a plurality of piezoelectric transducers, wherein the piezoelectric transducers are configured to vibrate based on a magnitude and frequency for removing dust and particles adhered to a solar array of a spacecraft, lander or rover, wherein the solar array operates near celestial bodies with dusty environments such as Earth’s moon [0029-0032, 0035, 0037, 0047 and 0049].
Yates does not explicitly teach an amplifier circuitry coupled to the plurality of piezoelectric transducers and configured to provide an alternating-current voltage signal to one or more piezoelectric transducers of the plurality of piezoelectric transducers, wherein the one or more piezoelectric transducers are configured to vibrate based on a magnitude and a frequency of the AC voltage signal.
Manyapu teaches a system comprising one or more piezoelectric assemblies (actuator (figure 28, #2806, wherein the actuator may be a piezoelectric device [0097]), wherein the one or more piezoelectric assemblies comprise a plurality of piezoelectric transducers (plurality of actuators, wherein the actuator may be a piezoelectric device [0095, 0097 and 0098]), and an amplifier circuitry (MDMS controller [0097]) coupled to the plurality of piezoelectric transducers and configured to provide an alternating-current (AC) voltage signal to one or more piezoelectric transducers of the plurality of piezoelectric transducers [0094 and 0097], based on a target configuration associated with removing regolith dust [0002, 0020, and 0097], wherein the one or more piezoelectric transducers are configured to vibrate based on a magnitude and a frequency of the AC voltage signal (figure 29 and [0097]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Yates with an amplifier circuitry coupled to the plurality of piezoelectric transducers and configured to provide an alternating-current voltage signal to one or more piezoelectric transducers of the plurality of piezoelectric transducers, wherein the one or more piezoelectric transducers are configured to vibrate based on a magnitude and a frequency of the AC voltage signal, with a reasonable expectation of success, since Manyapu teaches that it was known in the art to provide an amplifier circuitry (MDMS controller [0097] of Manyapu) coupled to the plurality of piezoelectric transducers and configured to provide an alternating-current (AC) voltage signal to one or more piezoelectric transducers of the plurality of piezoelectric transducers ([0094 and 0097] of Manyapu), based on a target configuration associated with removing regolith dust ([0002, 0020, and 0097] of Manyapu), wherein the one or more piezoelectric transducers are configured to vibrate based on a magnitude and a frequency of the AC voltage signal (figure 29 and [0097] of Manyapu).
Yates/Manyapu does not teach that the assembly is removably coupled to the surface of the vehicle.
Peng teaches that a transducer can be continuously used after being disassembled from a system and thoroughly cleaned (English translation, page 3, lines 33-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Yates/Manyapu wherein the assembly is removably coupled to the surface of the vehicle, with a reasonable expectation of success, for the purpose of maintaining and/or cleaning the assembly including the one or more piezoelectric transducers, since Peng teaches that a transducer can be continuously used after being disassembled from a system and thoroughly cleaned (English translation, page 3, lines 33-36 of Peng).
Moreover, the court has held that making a part separable would be merely a matter of obvious engineering choice. Consult MPEP 2144.04VC.
Regarding claim 14, Yates/Manyapu/Peng further teaches that the one or more piezoelectric assemblies can be attached to the solar array of the vehicle ([0037] of Yates), wherein the solar array can include a flexible blanket (reads on “a fabric material or a non-fabric material of the vehicle”) ([0034] of Yates), and the target configuration is associated with removing the regolith dust from a surface of the vehicle ([0037, 0047 and 0049] of Yates).
Regarding claim 15, Yates teaches a method comprising the step of determining a target configuration associated with removing regolith dust from a surface of a vehicle with system comprising one or more piezoelectric assemblies, wherein the one or more piezoelectric assemblies comprise a plurality of piezoelectric transducers, wherein the piezoelectric transducers are configured to vibrate based on a magnitude and frequency for removing dust and particles adhered to a solar array of a spacecraft, lander or rover, wherein the solar array operates near celestial bodies with dusty environments such as Earth’s moon [0029-0032, 0035, 0037, 0047 and 0049].
Yates does not teach the steps of determining, based on the target configuration, a magnitude and a frequency of an alternating-current (AC) voltage signal to be applied to one or more piezoelectric transducers of a plurality of piezoelectric transducers, and providing, by amplifier circuitry, the AC voltage signal to the one or more piezoelectric transducers, based on the target configuration, wherein the one or more piezoelectric transducers vibrate based on the magnitude and the frequency of the AC voltage signal.
Manyapu teaches a method comprising the steps of determining a target configuration associated with removing regolith dust, determining, based on the target configuration, a magnitude and a frequency of an alternating-current (AC) voltage signal to be applied to one or more piezoelectric transducers (actuator (figure 28, #2806, wherein the actuator may be a piezoelectric device [0097]), of a plurality of piezoelectric transducers (plurality of actuators, wherein the actuator may be a piezoelectric device [0095, 0097 and 0098]), and providing, by an amplifier circuitry (MDMS controller [0097]), the AC voltage signal to the one or more piezoelectric transducers, based on the target configuration, wherein the one or more piezoelectric transducers vibrate based on the magnitude and the frequency of the AC voltage signal [0020 and 0097].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Yates with the steps of determining, based on the target configuration, a magnitude and a frequency of an alternating-current (AC) voltage signal to be applied to one or more piezoelectric transducers of a plurality of piezoelectric transducers, and providing, by amplifier circuitry, the AC voltage signal to the one or more piezoelectric transducers, based on the target configuration, wherein the one or more piezoelectric transducers vibrate based on the magnitude and the frequency of the AC voltage signal, with a reasonable expectation of success, since Manyapu teaches that it was known in the art to use an amplifier circuitry (MDMS controller [0097] of Manyapu) coupled to the plurality of piezoelectric transducers and configured to provide an alternating-current (AC) voltage signal to one or more piezoelectric transducers of the plurality of piezoelectric transducers ([0094 and 0097] of Manyapu), based on a target configuration associated with removing regolith dust ([0002, 0020, and 0097] of Manyapu), wherein the one or more piezoelectric transducers are configured to vibrate based on a magnitude and a frequency of the AC voltage signal (figure 29 and [0097] of Manyapu).
Yates/Manyapu does not teach that the one or more piezoelectric assemblies are removably coupled to the surface of a vehicle.
Peng teaches that a transducer can be continuously used after being disassembled from a system and thoroughly cleaned (English translation, page 3, lines 33-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Yates/Manyapu wherein the one or more piezoelectric assemblies are removably coupled to an exterior surface of the vehicle, with a reasonable expectation of success, for the purpose of maintaining and/or cleaning the one or more piezoelectric assemblies, since Peng teaches that a transducer can be continuously used after being disassembled from a system and thoroughly cleaned (English translation, page 3, lines 33-36 of Peng).
Regarding claim 17, Yates/Manyapu/Peng further teaches that providing the AC voltage signal is based on one or more characteristics associated with the regolith dust, wherein the one or more characteristics comprise particle size ([0020] of Manyapu).
Regarding claim 16, Yates/Manyapu/Peng teaches that the MDMS controller is configured to adjust the AC voltage signal from an input-signal source to optimize the dust mitigation based on target criteria associated with removing the regolith dust such as the size, mass, dielectric proprieties, distribution, etc. ([0020] of Manyapu).
Yates/Manyapu/Peng does not teach that the target criteria associated with removing the regolith dust comprise at least one of a removal level of the regolith dust, a target duration associated with removing the regolith dust, and a target power consumption.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Yates/Manyapu/Peng wherein the target criteria comprise at least one of a removal level of the regolith dust, a target duration associated with removing the regolith dust, and a target power consumption, with a reasonable expectation of success, for the purpose of optimizing the dust removal, since Manyapu teaches that the MDMS controller is configured to adjust the AC voltage signal from input-signal source to optimize the dust mitigation based on target criteria associated with removing the regolith dust ([0020] of Manyapu).
Regarding claim 18, Yates/Manyapu/Peng teaches that providing the AC voltage signal is based on removing the regolith dust from one or more target locations ([0020] of Manyapu). In addition, Manyapu teaches that the MDMS controller is configured to adjust the AC voltage signal from an input-signal source to optimize the dust mitigation based on target criteria associated with removing the regolith dust, and that the one or more piezoelectric transducers are configured to vibrate ([0020 and 0097] of Manyapu).
Yates/Manyapu/Peng does not teach that providing the AC voltage signal is based on a target sterilization level associated with sterilizing at least a portion of the regolith dust, and that the vibration of the one or more piezoelectric transducers sterilizes at least the portion of the regolith dust.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Yates/Manyapu/Peng wherein providing the AC voltage signal is based on a target sterilization level associated with sterilizing at least a portion of the regolith dust, and that the vibration of the one or more piezoelectric transducers sterilizes at least the portion of the regolith dust, with a reasonable expectation of success, since Manyapu teaches that the MDMS controller is configured to adjust the AC voltage signal from input-signal source to optimize the dust mitigation based on target criteria associated with removing the regolith dust, and that the one or more piezoelectric transducers are configured to vibrate ([0020 and 0097] of Manyapu).
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 1-2 and 6-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-10, 12-14 and 17-20 of copending Application No. 18/408,261 (reference application) (US 2025/0222495 to Ramon Mesa) (hereinafter “US’495”).
Although the claims at issue are not identical, they are not patentably distinct from each other because US’495 claims a similar system comprising one or more piezoelectric assemblies, wherein the one or more piezoelectric assemblies comprise a plurality of piezoelectric transducers, and an amplifier circuitry coupled to the plurality of piezoelectric transducers and configured to provide an alternating-current (AC) voltage signal to one or more piezoelectric transducers of the plurality of piezoelectric transducers, based on a target configuration associated with removing regolith dust, wherein the one or more piezoelectric transducers are configured to vibrate based on a magnitude and a frequency of the AC voltage signal.
Moreover, US’495 claims a similar method comprising the steps of determining a target configuration associated with removing regolith dust, determining, based on the target configuration, a magnitude and a frequency of an alternating-current (AC) voltage signal to be applied to one or more piezoelectric transducers of a plurality of piezoelectric transducers, wherein the plurality of piezoelectric transducers are comprised in one or more piezoelectric assemblies removably coupled to a surface, and providing, by amplifier circuitry, the AC voltage signal to the one or more piezoelectric transducers, based on the target configuration, wherein the one or more piezoelectric transducers vibrate based on the magnitude and the frequency of the AC voltage signal.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/A.I.R/Examiner, Art Unit 1714
/KAJ K OLSEN/Supervisory Patent Examiner, Art Unit 1714
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