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.
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11927034. Although the claims at issue are not identical, they are not patentably distinct from each other because of the comparison below.
Instant Application
Claim 1 of 11927034 (comparison to each claim in bold)
1. A tool for installing a door striker pin, the tool comprising: a latch portion including: a striker pin configured to engage with a latch of a door; and an abutment surface configured to engage with a frame member of a cab; a pin positioning portion coupled to the latch portion, the pin positioning portion defining a striker pin slot extending substantially parallel with the striker pin, the striker pin slot positioned to align with a striker pin interface for the door; and a cover slidably coupled to the pin positioning portion such that the cover is slidably translatable between a first position where the cover extends across the striker pin slot and a second position where the cover does not extend across the striker pin slot.
A tool for installing a door striker pin, the tool comprising:
a latch engagement section comprising a first surface, a striker pin extending from the first surface, and an abutment surface that extends generally orthogonal to the first surface;
a pin positioning section coupled to the latch engagement section and comprising a positioning surface with a striker pin slot formed therethrough that extends in parallel with the striker pin, the striker pin slot being positioned in the positioning surface such that the striker pin slot is aligned with a striker pin installation location when the striker pin of the latch engagement section is engaged with a latch of a door and the abutment surface rests against a frame to which the door is pivotably coupled; and
a cover slidably coupled to the pin positioning section such that the cover is slidable between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open
wherein the cover defines a cover slot extending along at least a portion of a length of the cover, further comprising a fastener extending through the slot into the pin positioning section, wherein loosening the fastener permits sliding the cover between the first position and the second position.
8. A tool for installing a door striker pin, the tool comprising: a latch portion including: a striker pin configured to engage with a latch of a door; and an abutment surface configured to engage with a frame member of a cab, wherein the abutment surface is oriented at an angle; and a pin positioning portion coupled to the latch portion, the pin positioning portion defining a striker pin slot extending in parallel with the striker pin, the striker pin slot positioned to align with a striker pin interface for the door.
A tool for installing a door striker pin, the tool comprising:
a latch engagement section comprising a first surface, a striker pin extending from the first surface, and an abutment surface that extends generally orthogonal to the first surface;
a pin positioning section coupled to the latch engagement section and comprising a positioning surface with a striker pin slot formed therethrough that extends in parallel with the striker pin, the striker pin slot being positioned in the positioning surface such that the striker pin slot is aligned with a striker pin installation location when the striker pin of the latch engagement section is engaged with a latch of a door and the abutment surface rests against a frame to which the door is pivotably coupled; and
a cover slidably coupled to the pin positioning section such that the cover is slidable between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open
wherein the cover defines a cover slot extending along at least a portion of a length of the cover, further comprising a fastener extending through the slot into the pin positioning section, wherein loosening the fastener permits sliding the cover between the first position and the second position.
14. A tool for installing a door striker pin, the tool comprising: a latch engagement section having a first surface and a striker pin extending from the first surface; a pin positioning section coupled to the latch engagement section, the pin positioning section having a second surface defining a striker pin slot; and an abutment surface extending (a) generally orthogonal relative to the first surface and (b) from a location proximate where the latch engagement section and the pin positioning section couple; wherein the striker pin slot is positioned to align with a striker pin installation location when (a) the striker pin of the latch engagement section is engaged with a latch of a door and (b) the abutment surface rests against a frame to which the door engages.
A tool for installing a door striker pin, the tool comprising:
a latch engagement section comprising a first surface, a striker pin extending from the first surface, and an abutment surface that extends generally orthogonal to the first surface;
a pin positioning section coupled to the latch engagement section and comprising a positioning surface with a striker pin slot formed therethrough that extends in parallel with the striker pin, the striker pin slot being positioned in the positioning surface such that the striker pin slot is aligned with a striker pin installation location when the striker pin of the latch engagement section is engaged with a latch of a door and the abutment surface rests against a frame to which the door is pivotably coupled; and
a cover slidably coupled to the pin positioning section such that the cover is slidable between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open
wherein the cover defines a cover slot extending along at least a portion of a length of the cover, further comprising a fastener extending through the slot into the pin positioning section, wherein loosening the fastener permits sliding the cover between the first position and the second position.
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.
Claims 7-13 and 17 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.
Claims 7 , 8, and 17 recites the limitation “wherein the abutment surface is oriented at an angle”. It is unclear what the angle in is reference to. As such the claim is determined to be indefinite. For examination purposes, it will be interpreted as “wherein the abutment surface is oriented at an angle in respect to the pin positioning portion”. Claims 9-13 are rejected due to dependency.
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, 4-8, 10-15, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kvac (US 6,324,948).
Regarding claim 1, Kvac discloses a tool for installing a door striker pin, the tool comprising:
a latch portion(Item 200) including:
a striker pin (Item 260) configured to engage with a latch of a door (Item 42); and
an abutment surface (Item 133) configured to engage with a frame member of a cab;
a pin positioning portion (Item 202) coupled to the latch portion, the pin positioning portion defining a striker pin slot (Item 308) extending substantially parallel with the striker pin, the striker pin slot positioned to align with a striker pin interface for the door; and
a cover (item 304) slidably coupled to the pin positioning portion such that the cover is slidably translatable between a first position where the cover extends across the striker pin slot (Figure 9) and a second position where the cover does not extend across the striker pin slot (Figure 8).
Regarding claim 4 , 11, and 20, Kvac discloses the tool of Claim 1, wherein the latch portion includes a magnet disposed along the abutment surface (Item 132).
Regarding claim 5 and 12, Kvac discloses the tool of Claim 1, wherein the pin positioning portion is coupled to a surface of the latch portion from which the striker pin is extending from (Figure 8).
Regarding claim 6 and 13, Kvac discloses the tool of Claim 1, wherein the striker pin and the abutment surface extend in opposing directions (Figure 8).
Regarding claim 7 and 17, Kvac discloses the tool of Claim 1, wherein the abutment surface is oriented at an angle (roughly 90 deg).
Regarding claim 8, Kvac discloses a tool for installing a door striker pin, the tool comprising:
a latch portion (Item 200) including:
a striker pin (Item 260) configured to engage with a latch of a door; and
an abutment surface (Item 133) configured to engage with a frame member of a cab, wherein the abutment surface is oriented at an angle; and
a pin positioning portion (Item 202) coupled to the latch portion, the pin positioning portion defining a striker pin slot (Item 308) extending in parallel with the striker pin, the striker pin slot positioned to align with a striker pin interface for the door.
Regarding claim 10, Kvac discloses the tool of Claim 8, further comprising a cover (Item 304) slidably coupled to the pin positioning portion, the cover slidably translatable between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open.
Regarding claim 14, Kvac discloses a tool for installing a door striker pin, the tool comprising:
a latch engagement section (Item 200) having a first surface (Item 262) and a striker pin (Item 260) extending from the first surface;
a pin positioning section (Item 202) coupled to the latch engagement section, the pin positioning section having a second surface defining a striker pin slot (Item 308); and
an abutment surface (Item 133) extending (a) generally orthogonal relative to the first surface and (b) from a location proximate where the latch engagement section and the pin positioning section couple;
wherein the striker pin slot is positioned to align with a striker pin installation location when (a) the striker pin of the latch engagement section is engaged with a latch of a door (Item 42) and (b) the abutment surface rests against a frame to which the door engages.
Regarding claim 15, Kvac discloses the tool of Claim 14, further comprising a cover (Item 304) slidably coupled to the pin positioning section such that the cover is slidably translatable between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open (Figures 8 and 9).
Claim Rejections - 35 USC § 103
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.
Claims 3, 9, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kvac (US 6,324,948) in view of Meyer (US 3,836,118).
Regarding claim 3 and 9, Kvac discloses the tool of Claim 1, wherein the latch portion includes a spacer (Item 134) and providing the abutment surface.
Kvac fails to explicitly disclose a spacer having a tapered profile.
Meyer teaches a spacer having a tapered profile (Figure 2). 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 shape of the spacer to be tapered as taught by Meyer. The spacer design of Meyer is discussed to have the benefit of being cheap, economical, and capable of taking up the dimensional variation within a predetermined range, to provide proper support (Column 1 Lines 31-42)
Regarding claim 18, Kvac discloses the tool of Claim 17, further comprising a spacer section (Item 134) coupled to the latch engagement section, the latch engagement section having a profile and providing the abutment surface.
Kvac fails to explicitly disclose having a tapered profile.
Meyer teaches a pair of tapered surfaces having a tapered profiles (Figure 2) to adjust a proper spacing. 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 shape of the spacer and abutment surface to be tapered as taught by Meyer. The spacer design of Meyer is discussed to have the benefit of being cheap, economical, and capable of taking up the dimensional variation within a predetermined range, to provide proper support (Column 1 Lines 31-42).
Regarding claim 19, Kvac in view of Meyer discloses the tool of Claim 18, wherein the spacer section has a larger width at an upper end thereof and a smaller width at bottom end thereof such (Meyer Item 16 Figure 2 left and right respectively).
Allowable Subject Matter
Claims 2 and 16 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.
For the same reasons as the allowance of 17/145901. Kvac fails to disclose “a fastener extending through the cover slot into the pin positioning portion, wherein loosening the fastener permits sliding the cover between the first position and the second position.” Although Kvac has fasteners (best shown in Figure 6 Item 312), loosening or tightening the fasteners does not affect the latch from opening or closing. Thus does not meet the limitations of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOM R RODGERS whose telephone number is (313)446-4849. The examiner can normally be reached Monday thru Friday 8AM-5PM EST.
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/TOM RODGERS/Primary Examiner, Art Unit 3723