DETAILED ACTION
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 10 and 13-18 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-9 of Bowron ( U.S. 11,946,245) hereafter Bowron ‘245. Although the conflicting claims are not identical, they are not patentably distinct from each other. Both the Claims of Bowron ‘245 and the Claims of the instant application are directed to a connector assembly, comprising: a first connector, a second connector, a pin coupling the first connector to the second connector and a gusset plate sandwiched between the first connector and the second connector. The first connector has a first connector body having a first connector body column receiving end, a first connector body gusset contact end and a first connector body gusset contact face at the first connector body gusset contact end. The first connector body gusset contact face has an aperture. The first connector has at least a pair of first connector arms, each first connector arm being coupled to and extending from the first connector body. The second connector has a second connector body having a second connector body column receiving end, a second connector body gusset contact end and a second connector body gusset contact face at the second connector body gusset contact end. The second connector body gusset contact face has an opening. The second connector has at least a pair of second connector arms, each second connector arm being coupled to and extending from the second connector body. A has a pin-body having a first end and an opposed second end, the first end configured to couple the aperture on the first connector body gusset contact face, and the second end configured to engage the opening on the second connector body gusset contact face. The gusset plate which is sandwiched between the first and second connectors would have a first flat surface in contact with the first connector body gusset contact face, and a second flat surface in contact with the second connector body gusset contact face. The gusset plate further defines a passage for the pin to couple the first connector to the second connector. The first end of the pin-body is threaded and engages a threaded aperture in the first connector body gusset contact face. The opposed second end of the pin is conical. The pin further comprises a pin-hole positioned on the pin body. The modular frame units form a modular building
Bowron ‘245 teaches a system of modular frame units for forming a modular building, comprising: a first module frame unit having a first module frame first end coupled to a first connector; a second module frame unit having a second module frame first end coupled to a second connector; and the first connector and the second connected coupled by a pin and sandwiching a gusset plate, wherein the first connector, the second connector, the pin and the gusset plate are as defined in claim 1.
Bowron ‘245 teaches a method for coupling modular frame units for forming a modular building, comprising: coupling a first connector to a first connector end of a first module frame unit; coupling a second connector to a second connector end of a second module frame unit; and sandwiching a gusset plate and coupling the first connector and the second connector using a pin to form modular frame units, wherein the first connector, the second connector, the pin and the gusset plate are as defined in claim 1.
Allowable Subject Matter
Claims 11 and 12 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.
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 ADAM G BARLOW whose telephone number is (571)270-1158. The examiner can normally be reached Monday - Friday, 9:00 am-4:00 pm EST.
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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/ADAM G BARLOW/Examiner, Art Unit 3633
/BRIAN E GLESSNER/Supervisory Patent Examiner, Art Unit 3633