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.
Claim 1-25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16-26, 28-31 of copending Application No. 18/594043. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of claims 1-25 are encompassed by the scope of claims 16-26, 28-31 of application 18/594043.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is is/are rejected under 35 U.S.C. 102a1 as being anticipated by Choi (9382723).
Choi shows a system for protecting an opening to an aircraft engine (able to function to protect the engine) comprising: shield comprising: a plurality of forward locking arms(5, right, figure 4); a plurality of interior rear arms(5 on the opposite side);
a stretchable piece of fabric covering(awning) at least a portion of each of the plurality of forward locking arms and the plurality of interior rear arms; a drive screw(4) operably attached to the plurality of forward locking arms and the plurality of interior rear arms so that, when turned, the drive screw causes the plurality of forward locking arms to extend into position to contact an exterior surface of the engine compartment and the plurality of interior rear arms to extend into position to contact an interior surface of the engine
compartment thereby applying force to the engine compartment from opposing directions (able to contact as claimed).
Allowable Subject Matter
Claims 2-25 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.
The following is a statement of reasons for the indication of allowable subject matter: prior art does not provide sufficient motivation to modify Choi (9382723) to show a drive nut that is operably connected to the drive screw such that turning the drive screw causes the drive nut to move along the length of the drive screw and apply force to the plurality of forward locking arms and the plurality of interior rear arms thereby moving them into their respective positions in combination with other claimed limitations.
Response to Arguments
Applicant's arguments filed 3/23/2026 have been fully considered but they are not persuasive.
With respect to applicant stating the tent poles not showing “ forward locking arms and interior rear arms…” examiner respectfully state the reference shows forward locking arms (the arms on the right) and interior rear arms ( the arms on the left). The reference shows the limitations as claimed. The reference is reasonably broadly interpreted to meet the claim limitations. The reference shows forward locking arms (the arms on the right), and the interior rear arms (the arms on the left) as claimed and able to function as claimed. the claims are rejected as 102, and the reference is able to function as claimed. With respect to “ opening of an aircraft engine”, “ interior…exterior surface of the engine compartment”, the system does not positively claim the “ an opening an aircraft engine”, or “interior/exterior surface of the engine compartment”, and the system is thus treated as a subcombination to the ” interior/exterior surface….aircraft engine…engine compartment. The rejection is thus proper and maintained.
As applicant has not overcome the double patenting rejections, the rejections are repeated above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHI D Tran whose telephone number is (571)272-6864. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN GLESSNER can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHI D A/Primary Examiner, Art Unit 3633
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