Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “housing within the base that is enclosed on three sides of the housing, the base including an opening to the housing extending along the length of the base” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claims 11-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, and 7-11 of U.S. Patent No. 10874359. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope is substantially taught by the combination of patented claims of ‘359.
US Application 18/591373
US Patent 10974359
11. An imaging system, comprising:
a base having length and including a housing within the base that is enclosed on three sides of the housing, the base including an opening to the housing extending along the length of the base;
at least one component that translates along the length of the base in a scan mode; and
a cable management system in the housing and comprising at least one cable that couples at least one of power and data between the base and the at least one component that translates along the length the base, the cable management system having
a first end connected to the base and
a second end coupled to the at least one component and the cable management system extends in a loop between the first end and the second end such that a leading edge of the loop travels at a lower speed than a speed at which the at least one component translates relative to the base.
1. A mobile imaging system, comprising:
a base having a housing;
a caster coupled to the base that extends from and retracts into the housing, the caster comprising a wheel defining a wheel axis, a swivel joint defining a swivel axis, and a pivot point defining a pivot axis, where the wheel is pivotable about the pivot axis with respect to the swivel joint to change an offset distance between the wheel axis and the swivel axis;
a first drive mechanism that moves the entire mobile imaging system in a transport mode and translates at least one imaging component relative to the base in a scan mode; and
a second drive mechanism that extends the caster from the housing in the base to raise the base off the ground, and retracts the caster relative to the base to lower the base to the ground, the wheel pivots about the pivot axis with respect to the swivel joint to decrease the offset distance between the wheel axis and the swivel axis as the caster is retracted into the housing of the base and the wheel pivots about the pivot axis with respect to the swivel joint to increase the offset distance between the wheel axis and the swivel axis as the caster is extended from the housing of the base wherein the second drive mechanism comprises a motor coupled to an actuator that drives the extension and retraction of the caster by generating a motive force in a longitudinal direction substantially along a length of the base, and a linkage apparatus that translates the motive force to a substantially vertical force that extends and retracts the caster.
7. The mobile imaging system of claim 1, further comprising a cable management system in the base that couples power and/or data between the base and at least one component that translates relative to the base.
8. The mobile imaging system of claim 7, wherein the cable management system comprises a cable chain having a first end connected to the base and a second end connected to the first drive mechanism.
9. The mobile imaging system of claim 8, wherein the cable chain is enclosed on at least three sides by the base and extends in a loop between the first and the second end, and the first drive mechanism translates relative to the base in the scan mode and a leading edge of the loop travels at a lower speed than a speed at which the first drive mechanism translates relative to the base.
The patented claims of ‘359 do not explicitly disclose the phrase, “having length and including a housing within the base that is enclosed on three sides of the housing, the base including an opening to the housing extending along the length of the base”. However, providing a housing that is enclosed on three sides with an opening along a length would have been obvious to one of ordinary skill in the art at the time of filing, as providing a housing structure amounts to a known technique in the art for improving durability and would have been obvious to one of ordinary skill at the time of filing. The balance of claims are rejected as being obvious in view of dependent claims of ‘359 or obvious in view of what is well-known in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY BRYANT whose telephone number is (571)270-7329. The examiner can normally be reached M-F // 7-3P EST.
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CASEY BRYANT
Primary Examiner
Art Unit 2884
/CASEY BRYANT/Primary Examiner, Art Unit 2884
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