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 .
DETAILED ACTION
This office action is in response to application 18/632,441 filed 4/11/24. Claim 1 is 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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,957,263 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim of the instant application recited similar limitations of the ‘263 patent. For instance, in claim 1 of the instant application and in the ‘263 patent, the applicant claims:
Application No. 18/632,441
Patent No. 11,957,263
1. A juicer comprising: a housing having a top and including a periphery and a support on a bottom; a filtering mechanism disposed in the housing and including a plurality of longitudinal ridges on an inner surface, at least one screen disposed between two adjacent ones of the ridges, and at least one annular flange on an outer surface; a rotating mechanism disposed in the filtering mechanism including an annular element on a bottom edge, the rotating mechanism being coupled to and rotatable about a rotating axis by an electric motor, the rotating mechanism including a bolt portion containing a helical screw blade on its periphery, a top surface of the helical screw blade and a top of the rotating mechanism are joined at a free end at an eccentric position relative to the rotating axis; a feed chute disposed on and engaging the periphery of the top of the housing; wherein the annular element of the rotating mechanism is rested upon the support of the housing, the at least one annular flange of the filtering mechanism is rested on the support of the housing, the electric motor is disposed in the support of the housing.
1. A juicer comprising: a housing being open to top and including an annular first flange on a top and at least one lower juice spout on a peripheral surface, and a support on a bottom; a filtering mechanism disposed in the housing and including a plurality of longitudinal ridges on an inner surface, a plurality of screens each disposed between two adjacent ones of the ridges, a plurality of annular second flange on an outer surface, a first rim extending downward from the lowest second flange, and at least one port through the first rim; a rotating mechanism disposed in the filtering mechanism and including an annular element on a bottom edge, a helical screw blade on an outer surface, and an electric motor for rotating the screw blade; and a feed chute disposed on the housing and including an annular member on a bottom edge and a second rim extending downward from the annular member; wherein the annular element of the rotating mechanism is rested upon the support, the lowest second flange is rested on the support, the electric motor is disposed in the support, the first rim is rested on the annular element and fastened by both the support and the annular element, a bottom of the feed chute is rested on the topmost second flange with the second rim abutted on the topmost second flange, and the annular member is rested on the first flange.
Therefore, in respect to above discussions, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of claim 1 of the ‘263 patent as a general teaching for a juicer to perform the same function as claimed in the present invention. The instant claim obviously encompasses the claimed invention of the ‘263 patent and differs only in terminology.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTY A HAUPT whose telephone number is (571)272-8545 and email address is kristy.haupt@uspto.gov. The examiner can normally be reached on Mon-Sun 5:30 AM- 10PM; Flex during day.
If all attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Thomas Pham, can be reached at telephone number (571) 272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTY A HAUPT/
Primary Examiner, Art Unit 2876
KAH
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