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 .
Claims 1-12 are pending.
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 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,919,055 to Feldmann et al. (the ‘055 patent). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
As to claim 1, the ‘055 patent discloses an air rinsing apparatus, comprising: a first enclosure having a first inlet port and a first output port; a second enclosure extending in a first direction within the first enclosure, the second enclosure comprising a second inlet port and a second output port, the second output port disposed on a same face of the first enclosure as the first inlet port, wherein the second output port comprises an air knife, wherein the first inlet port and the second output port are aligned in the first direction; one or more air movers configured to: urge first air into the second inlet port, the second enclosure configured to direct the first air from the second inlet port to the second output port; and pull second air from the first output port, the first enclosure configured to direct the second air from the first inlet port to the first output port; and an ionizer disposed within the second enclosure, the ionizer comprising a high voltage wire, a ground wire, and a reference wire each extending in the first direction along a length of the second enclosure adjacent the second output port, and the ionizer configured to generate positive and negative ions, the second enclosure configured to direct the first air from the second inlet port to the second output port such that the first air entrains the positive and negative ions (see the ‘055 patent claim 1 disclosing the air rinsing apparatus and claim 8 disclosing that the second output port can comprise an air knife).
As to claim 2, the ‘055 patent discloses that the first inlet port is tapered to accelerate the second air entering the first inlet port (see the ‘055 patent claims 4 and 5 disclosing a frustum-shaped opening).
As to claim 3, the ‘055 patent discloses that the air knife can directs the positive and negative ions through a smaller base of the first inlet port (see the ‘055 patent claims 4-6).
As to claim 4, the ‘055 patent discloses that the first enclosure can comprise a first face, the first inlet port and the second output port being on the first face, and the air rinsing apparatus further comprising an extension plate positioned co-planar with the first face (see the ‘055 patent claim 7).
As to claim 5, the ‘055 patent discloses that the one or more air movers can be configured to urge the first air by providing positive air pressure to the second inlet port (see the ‘055 patent claim 9).
As to claim 6, the ‘055 patent discloses that the one or more air movers can be configured to pull the second air by providing negative air pressure to the first output port (see the ‘055 patent claim 10).
As to claim 7 , the ‘055 patent discloses a container rinsing system, comprising: a feed line configured to direct containers having openings, the feed line configured to direct the containers in a first plurality of rows of containers transverse to a direction of travel of the containers; an air rinsing apparatus disposed adjacent the feed line, the air rinsing apparatus comprising: a first enclosure having a first inlet port and a first output port; a second enclosure extending in a first direction within the first enclosure, the second enclosure comprising a second inlet port and a second output port, the second output port disposed on a same face of the first enclosure as the first inlet port, wherein the second output port comprises an air knife; one or more air movers configured to: urge first air into the second inlet port, the second enclosure configured to direct the first air from the second inlet port to the second output port; and pull second air from the first output port, the first enclosure configured to direct the second air from the first inlet port to the first output port; and an ionizer disposed within the second enclosure, the ionizer comprising a high voltage wire, a ground wire, and a reference wire each extending in the first direction along a length of the second enclosure adjacent the second output port, and the ionizer configured to generate positive and negative ions, the second enclosure configured to direct the first air from the second inlet port to the second output port such that the first air entrains the positive and negative ions (see the ‘055 patent claim 11 disclosing the container rinsing system and claim 8 disclosing that the second output port can comprise an air knife).
As to claim 8, the ‘055 patent discloses that the first inlet port can be tapered to accelerate the second air entering the first inlet port (see the ‘055 patent claim 15).
As to claim 9, the ‘055 patent discloses that the air knife can direct the positive and negative ions through a smaller base of the first inlet port (see the ‘055 patent claim 16).
As to claim 10, the ‘055 patent discloses that the first enclosure can comprise a first face, the first inlet port and the second output port being on the first face, and the air rinsing apparatus further comprising an extension plate positioned co-planar with the first face (see the ‘055 patent claim 17).
As to claim 11, the ‘055 patent discloses that the one or more air movers can be configured to urge the first air by providing positive air pressure to the second inlet port (see the ‘055 patent claim 9).
As to claim 12, the ‘055 patent discloses that the one or more air movers can be configured to pull the second air by providing negative air pressure to the first output port (see the ‘055 patent claim 10).
Conclusion
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/DOUGLAS LEE/Primary Examiner, Art Unit 1714