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 1 is objected to because of the following informalities:
In line 4, it appears the phrase “up to three remotely controlled mobile carriages” should instead read as --one, two, or three remotely controlled carriages-- to improve clarity since the phrase “up to three” could be perceived to not positively recite there to be at least one.
In line 5, it appears the phrase “at least one reflective (tuning) probe” should instead read as --at least one reflective tuning probe-- to be consistent since the phrase “tuning probes” is used in Claim 3.
In line 10, it appears that phrase “teethed wheels (pulleys)” would be more descriptive and clearer if it read as --teethed wheel pulleys--.
Appropriate correction is required.
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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, and 6 of U.S. Patent No. 12,519,458. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all of the subject matter of the present application’s claims 1-3, but the patent claims include additional subject matter of having a dielectric fluid (i.e. the patent claims are narrower and more comprehensive and thus reject the present claims under obvious double patenting).
Allowable Subject Matter
Claims 1-3 would be allowed if a proper terminal disclaimer is filed as described above.
The following is a statement of reasons for the indication of allowable subject matter over the prior art of record: the prior art of record does not disclose the slide screw impedance tuner combination of features of Claims 1-3 having a spiral slabline and spiral channel including the periphery of the sidewalls is indented forming a spiral rack; and wherein the mobile carriages include remotely controlled teethed wheels.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tsironis (US 9,602,072) discloses a compact impedance tuner having a circular slabline.
Tsironis (US 9,620,842) discloses a compact two probe tuner.
Tsironis (US 2013/0002367) discloses a spiral wire tuner.
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/Stephen E. Jones/Primary Examiner, Art Unit 2843