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 .
Status of the Claims
Claims 1-5 are pending in the application.
Drawings
The drawings are objected to because of the following informalities:
Ref. nos. “100” (Fig. 4) and “10” (Fig. 5) are objected to because they are improperly underlined and they lack a lead line. Note that “Lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake” (see 37 CFR 1.84(q)). Thus underlined ref. nos. are only proper for ref. nos. that indicate a surface.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,421,775. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 is anticipated by claim 1 of U.S. Patent No. 12,421,775, wherein the “first base plate” of instant claim 1 is equated to the “base plate” of claim 1 of U.S. Patent No. 12,421,775.
Allowable Subject Matter
Claims 2-5 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.
Claims 1-5 would be allowable if the above Double Patenting Rejection is overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Re Claim 1: Wu (US Patent 10,564,682) is considered to be the closes prior art device to that of the hinge of claim 1.
Wu discloses a hinge (3) connectable between a first device part (13; Figs. 1-2) and a second device part (12) to permit the second device part to rotate relative to the first device part, comprising:
a base seat unit including a first base seat (61) for connecting with the first device part, and a second base seat (51) for connecting with the second device part, said first base seat having a first base plate, said first base plate having a first side (the right side in Fig. 19), a second side opposite (the left side in Fig. 15) to said first side, an upper side (the upper side in Fig. 19) and a lower side (the lower side in Fig. 19) opposite to said upper side, said first base plate being formed with a moving slot (6117), said moving slot having a first slot portion (at 6117; Fig. 19) which extends from said first side toward said second side, and a second slot portion (at 49; Fig. 19) which is in communication with said first slot portion and which extends from said first slot portion toward said upper side; and
a rotating unit (62) including a rotating axle (6223) which movably extends through said moving slot and which is securely connected (via cam 4) with said second base seat so as to be rotated with said second base seat, and a cam piece (63) which is securely mounted on said rotating axle (6223), said cam piece (63) having a cam surrounding portion (at 6223; Fig. 19) which is securely sleeved on said rotating axle (6223), and a first protrusion (at 6115; Fig. 19) which projects radially from said cam surrounding portion and which is movably disposed in said first slot portion (6117),
wherein said second base seat (51) is driven to rotate said rotating unit (62) between an initial position (see Fig. 19), where said rotating axle (6223) is located in said first slot portion (6117) and said first protrusion (at 6115) of said cam piece (63) is located in said first slot portion (6117) adjacent to said first side, and a first rotating position (see Fig. 17).
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However, Wu fails to disclose wherein, during rotation of said rotating axle and said cam piece with said second base seat, said first protrusion of said cam piece abuts against and is moved along a lower edge of said first slot portion to bring said rotating axle into upward movement to said second slot portion so as to move said rotating unit to the first rotating position, as is further required by claim 1.
Rather, in Wu the first protrusion (at 6115) is pivoted on the connecting section 6115 and thus does not abut or move along a lower edge of the first slot potion.
Further, it would not have been obvious to modify the device of Wu since there would have been no teaching, suggestion, or motivation to do so and since such a modification would require a significant redesign and change in the manner of operation.
For at least these reasons, claim 1 is considered allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678
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