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 .
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 2-3 and 5-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,387,608. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the claimed structure is recited in the US Patent Number 11,387,608 (see below).
US Patent Application 18/596,238
US Patent Number 11,923,641
2. An electrical wiring system providing selectable referencing to earth ground, comprising: a housing comprising a first terminal for attachment to HOT and a second terminal for attachment to LOAD; a flexible terminal comprising a first leg mounted to the electrical wiring system and a second leg connected to the first leg via a flexible joint, wherein a relative distance between the first leg and the second leg is adjustable between a retracted position and a position away from the retracted position by flexing the flexible joint, the flexible joint being biased in the retracted position; a separator disposed between the first leg and the second leg and configured to separate the first leg and the second leg away from the retracted position; and a load control circuit disposed within the housing and receiving a line input from the first terminal and a reference input, the reference input being referenced to an electric potential of the flexible terminal.
3. The electrical wiring system of claim 2, wherein the separator comprises a pressure plate having a threaded aperture, the pressure plate being disposed between the first leg and the second leg.
1. An electrical wiring system providing selectable referencing to earth ground, comprising: a housing comprising a first terminal for attachment to HOT, a second terminal for attachment to LOAD, and a flexible terminal comprising a first leg mounted to an electrical wiring device and a second leg connected to the first leg via a flexible joint, wherein the relative distance between the first leg and the second leg is adjustable between a first position and a second position by flexing the flexible joint, a load control circuit disposed within the housing and receiving a line input from the first terminal and a reference input, the reference input being referenced to the electric potential of the flexible terminal; and a fastener disposed to retain the first leg and the second leg in fixed relation.
6. (original) The electrical wiring device of claim 1, wherein the fastener is a screw having a screw head, wherein the first leg defines a first aperture and the second leg defines a second aperture, the screw being inserted through the first aperture and the second aperture, the screw, at least in part, maintaining the first leg and second leg in fixed relation.
7. (original) The electrical wiring device of claim 6, further comprising a pressure plate having a threaded aperture, the threaded aperture being engaged with the threads of the screw, the pressure plate and the screw head being disposed on opposite sides of the flexible terminal such that advancing the pressure plate along the threads of the screw toward the head of the screw decreases the relative distance between the first leg and the second leg.
5. The electrical wiring system of claim 5 wherein the grounding circuit.
9. The electrical wiring device of claim 1, further comprising a grounding circuit.
6. The electrical wiring system of claim 5, wherein the flexible terminal is positioned with respect to the grounding circuit such that increasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
10. The electrical wiring system of claim 9, wherein the flexible terminal is positioned with respect to the grounding circuit such that increasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
7. The electrical wiring system of claim 5, wherein the flexible terminal is positioned with respect to the grounding circuit such that decreasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
11. The electrical wiring system of claim 9, wherein the flexible terminal is positioned with respect to the grounding circuit such that decreasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
8. The electrical wiring system of claim 5, wherein the grounding circuit comprises one of a grounded frame or a wall box.
12. The electrical system of claim 9, wherein the grounding circuit comprises one of a grounded frame or a wall box.
9. The electrical wiring system of claim 5 wherein the grounding circuit comprises a ground wire.
13. The electrical system of claim 9, wherein the grounding circuit comprises a ground wire.
10. The electrical wiring system of claim 2, wherein the first leg is mounted to a PCB upon which the load control circuit is disposed.
14. The electrical wiring system of claim 1, wherein the first leg is mounted to a PCB upon which the load control circuit is disposed.
11. An electrical wiring device permitting selective reference to earth ground, comprising: a housing comprising a first terminal for attachment to HOT and a second terminal for attachment to LOAD; a flexible terminal comprising a first leg mounted to the electrical wiring device and a second leg connected to the first leg via a flexible joint, wherein a relative distance between the first leg and the second leg is adjustable between an extended position and a retracted position by flexing the flexible joint, wherein the first leg defines a first aperture and the second leg defines a second aperture, and wherein, in the retracted position, the second leg features a lower portion that extends toward the first leg from the flexible joint, the lower portion extending in a substantially straight length from the flexible joint toward the first leg such that opposing surfaces disposed about the first aperture and the second aperture are in mutual contact without stressing the flexible joint; and a load control circuit disposed within the housing and receiving a line input from the first terminal and a reference input, the reference input being referenced to an electric potential of the flexible terminal.
See claim 1 above
12. The electrical wiring device of claim 11, wherein the relative distance is maintained in fixed relation via a fastener.
See claim 1 above
13. The electrical wiring device of claim 12, wherein the fastener comprises a screw inserted through the first aperture and the second aperture.
See claim 1 above
14. The electrical wiring device of claim 11, further comprising a grounding circuit.
See claim 9 above
15. The electrical wiring system of claim 14, wherein the flexible terminal is positioned with respect to the grounding circuit such that increasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
See claim 10 above
16. The electrical wiring system of claim 14, wherein the flexible terminal is positioned with respect to the grounding circuit such that decreasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
See claim 11 above
17. The electrical wiring system of claim 14, wherein the grounding circuit comprises one of a grounded frame or a wall box.
See claim 12 above
18. The electrical wiring system of claim 14 wherein the grounding circuit comprises a ground wire.
See claim 13 above
19. The electrical wiring system of claim 11, wherein the first leg is mounted to a PCB upon which the load control circuit is disposed.
See claim 14 above
20. The electrical wiring system of claim 11, further comprising a terminal for attachment to neutral.
See claim 15 above
Claim 2-3 and 5-20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,387,608. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the claimed structure is recited in the US Patent Number 11,387,608 (see below).
US Patent Application 18/596,238
US Patent Number 11,387,608
2. An electrical wiring system providing selectable referencing to earth ground, comprising: a housing comprising a first terminal for attachment to HOT and a second terminal for attachment to LOAD; a flexible terminal comprising a first leg mounted to the electrical wiring system and a second leg connected to the first leg via a flexible joint, wherein a relative distance between the first leg and the second leg is adjustable between a retracted position and a position away from the retracted position by flexing the flexible joint, the flexible joint being biased in the retracted position; a separator disposed between the first leg and the second leg and configured to separate the first leg and the second leg away from the retracted position; and a load control circuit disposed within the housing and receiving a line input from the first terminal and a reference input, the reference input being referenced to an electric potential of the flexible terminal.
3. The electrical wiring system of claim 2, wherein the separator comprises a pressure plate having a threaded aperture, the pressure plate being disposed between the first leg and the second leg.
1. An electrical wiring system providing selectable referencing to earth ground, comprising: a housing comprising a first terminal for attachment to HOT, a second terminal for attachment to LOAD, and a flexible terminal comprising a first leg mounted to the electrical wiring device and a second leg connected to the first leg via a flexible joint, wherein the relative distance between the first leg and the second leg is adjustable between an extended position and a retracted position by flexing the flexible joint, the flexible joint being biased in the extended position, wherein the first leg defines a first aperture and the second leg defines a second aperture, a load control circuit disposed within the housing and receiving a line input from the first terminal and a reference input, the reference input being referenced to the electric potential of the flexible terminal; and a screw having a screw head, the screw being inserted through the first aperture and the second aperture, the screw, at least in part, maintaining the first leg and second leg in fixed relation.
2. The electrical wiring device of claim 1, further comprising a pressure plate having a threaded aperture, the threaded aperture being engaged with the threads of the screw, the pressure plate and the screw head being disposed on opposite sides of the flexible terminal such that advancing the pressure plate along the threads of the screw toward the head of the screw draws the flexible terminal from the extended position toward the retracted position.
5. The electrical wiring system of claim 5 wherein the grounding circuit.
4. The electrical wiring system of claim 1, further comprising, a grounding circuit.
6. The electrical wiring system of claim 5, wherein the flexible terminal is positioned with respect to the grounding circuit such that increasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
5. The electrical wiring system of claim 4, wherein the flexible terminal is positioned with respect to the grounding circuit such that increasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
7. The electrical wiring system of claim 5, wherein the flexible terminal is positioned with respect to the grounding circuit such that decreasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
6. The electrical wiring system of claim 4, wherein the flexible terminal is positioned with respect to the grounding circuit such that decreasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
8. The electrical wiring system of claim 5, wherein the grounding circuit comprises one of a grounded frame or a wall box.
7. The electrical wiring system of claim 4, wherein the grounding circuit comprises one of a grounded frame or a wall box.
9. The electrical wiring system of claim 5 wherein the grounding circuit comprises a ground wire.
8. The electrical wiring system of claim 4 wherein the grounding circuit comprises a ground wire.
10. The electrical wiring system of claim 2, wherein the first leg is mounted to a PCB upon which the load control circuit is disposed.
9. The electrical wiring system of claim 1, wherein the first leg is mounted to a PCB upon which the load control circuit is disposed.
11. An electrical wiring device permitting selective reference to earth ground, comprising: a housing comprising a first terminal for attachment to HOT and a second terminal for attachment to LOAD; a flexible terminal comprising a first leg mounted to the electrical wiring device and a second leg connected to the first leg via a flexible joint, wherein a relative distance between the first leg and the second leg is adjustable between an extended position and a retracted position by flexing the flexible joint, wherein the first leg defines a first aperture and the second leg defines a second aperture, and wherein, in the retracted position, the second leg features a lower portion that extends toward the first leg from the flexible joint, the lower portion extending in a substantially straight length from the flexible joint toward the first leg such that opposing surfaces disposed about the first aperture and the second aperture are in mutual contact without stressing the flexible joint; and a load control circuit disposed within the housing and receiving a line input from the first terminal and a reference input, the reference input being referenced to an electric potential of the flexible terminal.
See claims 1 & 2 above
12. The electrical wiring device of claim 11, wherein the relative distance is maintained in fixed relation via a fastener.
See claims 1 & 2 above
13. The electrical wiring device of claim 12, wherein the fastener comprises a screw inserted through the first aperture and the second aperture.
See claims 1 & 2 above
14. The electrical wiring device of claim 11, further comprising a grounding circuit.
See claim 4 above
15. The electrical wiring system of claim 14, wherein the flexible terminal is positioned with respect to the grounding circuit such that increasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
See claim 5 above
16. The electrical wiring system of claim 14, wherein the flexible terminal is positioned with respect to the grounding circuit such that decreasing the relative distance between the first leg and second leg establishes contact between the grounding circuit and the second leg when the electrical wiring device is installed in a wall box.
See claim 6 above
17. The electrical wiring system of claim 14, wherein the grounding circuit comprises one of a grounded frame or a wall box.
See claim 7 above
18. The electrical wiring system of claim 14 wherein the grounding circuit comprises a ground wire.
See claim 8 above
19. The electrical wiring system of claim 11, wherein the first leg is mounted to a PCB upon which the load control circuit is disposed.
See claim 9 above
20. The electrical wiring system of claim 11, further comprising a terminal for attachment to neutral.
10. The electrical wiring system of claim 1, further comprising a terminal for attachment to neutral.
Response to Arguments
Applicant’s arguments with respect to claim(s) 2-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM H MAYO III whose telephone number is (571)272-1978. The examiner can normally be reached on M-Thurs (5:30a-3:00p) Fri 5:30a-2p (w/alternating Fridays off).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Thompson can be reached on 571-272-2342. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/William H. Mayo III/
William H. Mayo III
Primary Examiner
Art Unit 2847
WHM III
May 28, 2026
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