This is an Non-Final office action for serial number 18/637131.
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 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 14, 17, 20, 22, 24, 26, 27, and 28 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11959264 in view of Whitted 2,995,328. Although the claims at issue are not identical, they are not patentably distinct from each other because both the 11959264 and the application disclose:
(Claim 14) suction cup unit, comprising: a base; a suction cup extending from the base; a neck extending from the base in an opposite direction; and a head extending from the neck away from the base, the head having a conic shape tapering to a point distal from the neck, wherein the head includes a plurality of channels formed along an exterior surface of the head from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward from the conic shape of the head.
(Claim 17) The suction cup unit of claim 14, wherein the fins are resilient and configured to deflect.
(Claim 22) A head for a suction cup unit, the suction cup unit including a suction cup extending from a base, and a neck extending from the base opposite direction, the head comprising: a conic body extending from the neck away from the base, tapering to a point distal from the neck; a plurality of channels formed along an exterior surface of the conic body from a bottom portion adjacent the neck toward the point; and a plurality of fins defined between adjacent channels, the fins extending radially outward from the conic body, wherein the fins are resilient and configured to deflect laterally during insertion of the head through an opening.
(Claim 26) A suction cup assembly, comprising: a planar member having an opening defined by surrounding material; and a suction cup unit including: a base;a suction cup extending from the base in a first direction ;a neck extending from the base in a second direction opposite the first direction; and a head extending from the neck through the opening in the planar member, the head having a conic shape tapering to a point distal from the neck, wherein the head includes a plurality of lengthwise channels formed along an exterior surface from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward over the surrounding material of the opening to retain the head therein.
(Claim 27) The suction cup assembly of claim 26, includes protrusions and the channels.
(Claim 28) The suction cup assembly of claim 26, wherein the fins are configured to deflect during insertion through the opening and resiliently return.
11959264 disclose all of the limitations of the claimed invention except for:
the head includes a plurality of lengthwise channels formed along an exterior surface of the head from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward from the conic shape of the head; wherein the fins are resilient and configured to deflect laterally into adjacent channels when the head is inserted through an opening having dimensions smaller than a maximum diameter of the bottom portion of the head; wherein the channels are equally spaced around a circumference of the head, and the fins are configured to extend over material surrounding an opening when the head is inserted therethrough; the fins extending radially outward from the conic body, wherein the fins are resilient and configured to deflect laterally during insertion of the head through an opening smaller than a maximum diameter of the bottom portion; and the fins create an interference with material surrounding the opening after insertion to retain the head therein; wherein the head includes a plurality of lengthwise channels formed along an exterior surface from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward over the surrounding material of the opening to retain the head therein; wherein the fins are configured to deflect during insertion through the opening and resiliently return to extend over the surrounding material as taught by Whitted for the purpose of providing these particular fillets and grooves configuration that proved very successful in giving the head considerable holding power when forced into an aperture smaller than the inscribing figure about the fillets therefore the fillets do not shear in use, but bend as shown because of their particular shape for locking the head in the aperture.
Whitted teaches it is known to have
(Claim 17) The suction cup unit of claim 14, wherein the fins (22, 23, 25, 28, 29) are resilient and configured to deflect laterally into adjacent channels (24, 26) when the head (11) is inserted through an opening (30) having dimensions smaller than a maximum diameter of the bottom portion of the head.
(Claim 20) The suction cup unit of claim 14, wherein the channels are configured to align with and accommodate protrusions extending from material surrounding an opening when the head is inserted through the opening, without substantially deflecting the protrusions.
(Claim 22) and a plurality of fins defined between adjacent channels, the fins extending radially outward from the conic body, wherein the fins are resilient and configured to deflect laterally during insertion of the head through an opening smaller than a maximum diameter of the bottom portion
(Claim 24) wherein the maximum diameter of the bottom portion is greater than a diameter of the neck, and the fins create an interference with material surrounding the opening after insertion to retain the head therein.
(Claim 26) a planar member (6) having an opening (30) defined by surrounding material, wherein the head includes a plurality of lengthwise channels formed along an exterior surface from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward over the surrounding material of the opening to retain the head therein.
(Claim 28) The suction cup assembly of claim 26, wherein the fins are configured to deflect during insertion through the opening and resiliently return to extend over the surrounding material.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Fins (23, 22, 28, 29) )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Channels (26, 24))][AltContent: textbox (Opening (30)
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Ruan to have wherein the head includes a plurality of lengthwise channels formed along an exterior surface of the head from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward from the conic shape of the head; wherein the fins are resilient and configured to deflect laterally into adjacent channels when the head is inserted through an opening having dimensions smaller than a maximum diameter of the bottom portion of the head; wherein the channels are equally spaced around a circumference of the head, and the fins are configured to extend over material surrounding an opening when the head is inserted therethrough; the fins extending radially outward from the conic body, wherein the fins are resilient and configured to deflect laterally during insertion of the head through an opening smaller than a maximum diameter of the bottom portion; and the fins create an interference with material surrounding the opening after insertion to retain the head therein; wherein the head includes a plurality of lengthwise channels formed along an exterior surface from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward over the surrounding material of the opening to retain the head therein; wherein the fins are configured to deflect during insertion through the opening and resiliently return to extend over the surrounding material as taught by Whitted for the purpose of providing these particular fillets and grooves configuration that proved very successful in giving the head considerable holding power when forced into an aperture smaller than the inscribing figure about the fillets therefore the fillets do not shear in use, but bend as shown because of their particular shape for locking the head in the aperture.
Claims 15, 19, and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11959264 in view of Whitted 2,995,328 in further view of White 1,071,123. Patent No. 11959264 in view of Whitted discloses all of the limitations of the claimed invention except for wherein each channel has a semi-circular profile in cross-section perpendicular to a length of the channel; wherein the channels are equally spaced around a circumference of the head, and the fins are configured to extend over material surrounding an opening when the head is inserted therethrough; wherein each channel has a semi-circular profile, and the channels are positioned to correspond with protrusions around the opening to minimize deflection of the protrusions.
White teaches it is known to have:
(Claim 15) wherein each channel has a semi-circular profile in cross-section perpendicular to a length of the channel.
(Claim 19) wherein the channels are equally spaced around a circumference of the head, and the fins are configured to extend over material surrounding an opening when the head is inserted therethrough.
(Claim 23) wherein each channel has a semi-circular profile, and the channels are positioned to correspond with protrusions around the opening to minimize deflection of the protrusions.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (channels)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Fins )][AltContent: textbox (Protrusions (28) )][AltContent: textbox (Channels with Semi-circular profile
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Patent No.11959264 in view of Whitted to have included wherein each channel has a semi-circular profile in cross-section perpendicular to a length of the channel; wherein the channels are equally spaced around a circumference of the head, and the fins are configured to extend over material surrounding an opening when the head is inserted therethrough; wherein each channel has a semi-circular profile, and the channels are positioned to correspond with protrusions around the opening to minimize deflection of the protrusions as taught by White since White teaches it is well known to change the shape of the channel profile since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art and motivated by White see figures 3, 11, and 7 which suggest different shape profiles.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 14, 17, 18, 22, 24, 26, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over RUAN CN2814719Y in view of Whitted 2,995,328. The applicant is reminded that in regards to claim 19, 20, 22, 24 the material, opening, and accommodate protrusion are not positively claimed therefore the prior art only need to be capable of performing the functions related to material, opening, and accommodate protrusion.
Ruan discloses:
(Claim 14) A suction cup unit, comprising: a base; a suction cup extending from the base in a first direction; a neck extending from the base in a second direction opposite the first direction; and a head extending from the neck away from the base, the head having a conic shape tapering to a point distal from the neck.
(Claim 18) The suction cup unit of claim 14, wherein a maximum diameter of the bottom portion of the head adjacent the neck is greater than a diameter of the neck, creating an undercut region at the neck for retaining the head in an opening after insertion.
(Claim 22) A head for a suction cup unit, the suction cup unit including a suction cup extending from a base in a first direction and a neck extending from the base in a second direction opposite the first direction, the head comprising: a conic body extending from the neck away from the base, tapering to a point distal from the neck;a plurality of lengthwise channels formed along an exterior surface of the conic body from a bottom portion adjacent the neck toward the point;.
(Claim 24) The head of claim 22, wherein the maximum diameter of the bottom portion is greater than a diameter of the neck, wherein the maximum diameter of the bottom portion is greater than a diameter of the neck,
(Claim 26) A suction cup assembly, comprising: a planar member having an opening defined by surrounding material; and a suction cup unit including: a base; a suction cup extending from the base in a first direction; a neck extending from the base in a second direction opposite the first direction; and a head extending from the neck through the opening in the planar member, the head having a conic shape tapering to a point distal from the neck.
[AltContent: textbox (Planar member )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Conical head
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Suction cup )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Conical head
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Ruan discloses all of the limitations of the claimed invention except for:
wherein the head includes a plurality of lengthwise channels formed along an exterior surface of the head from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward from the conic shape of the head; wherein the fins are resilient and configured to deflect laterally into adjacent channels when the head is inserted through an opening having dimensions smaller than a maximum diameter of the bottom portion of the head; wherein the channels are equally spaced around a circumference of the head, and the fins are configured to extend over material surrounding an opening when the head is inserted therethrough; the fins extending radially outward from the conic body, wherein the fins are resilient and configured to deflect laterally during insertion of the head through an opening smaller than a maximum diameter of the bottom portion; and the fins create an interference with material surrounding the opening after insertion to retain the head therein; wherein the head includes a plurality of lengthwise channels formed along an exterior surface from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward over the surrounding material of the opening to retain the head therein; wherein the fins are configured to deflect during insertion through the opening and resiliently return to extend over the surrounding material; a planar member (6) having an opening (30) defined by surrounding material
Whitted teaches it is known to have
(Claim 17) The suction cup unit of claim 14, wherein the fins (22, 23, 25, 28, 29) are resilient and configured to deflect laterally into adjacent channels (24, 26) when the head (11) is inserted through an opening (30) having dimensions smaller than a maximum diameter of the bottom portion of the head.
(Claim 20) The suction cup unit of claim 14, wherein the channels are configured to align with and accommodate protrusions extending from material surrounding an opening when the head is inserted through the opening, without substantially deflecting the protrusions.
(Claim 22) and a plurality of fins defined between adjacent channels, the fins extending radially outward from the conic body, wherein the fins are resilient and configured to deflect laterally during insertion of the head through an opening smaller than a maximum diameter of the bottom portion
(Claim 24) wherein the maximum diameter of the bottom portion is greater than a diameter of the neck, and the fins create an interference with material surrounding the opening after insertion to retain the head therein.
(Claim 26) a planar member (6) having an opening (30) defined by surrounding material, wherein the head includes a plurality of lengthwise channels formed along an exterior surface from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward over the surrounding material of the opening to retain the head therein.
(Claim 28) The suction cup assembly of claim 26, wherein the fins are configured to deflect during insertion through the opening and resiliently return to extend over the surrounding material.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Fins (23, 22, 28, 29) )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Channels (26, 24))][AltContent: textbox (Opening (30)
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Ruan to have wherein the head includes a plurality of lengthwise channels formed along an exterior surface of the head from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward from the conic shape of the head; wherein the fins are resilient and configured to deflect laterally into adjacent channels when the head is inserted through an opening having dimensions smaller than a maximum diameter of the bottom portion of the head; wherein the channels are equally spaced around a circumference of the head, and the fins are configured to extend over material surrounding an opening when the head is inserted therethrough; the fins extending radially outward from the conic body, wherein the fins are resilient and configured to deflect laterally during insertion of the head through an opening smaller than a maximum diameter of the bottom portion; and the fins create an interference with material surrounding the opening after insertion to retain the head therein; wherein the head includes a plurality of lengthwise channels formed along an exterior surface from a bottom portion adjacent the neck toward the point, and a plurality of fins defined between adjacent channels, the fins extending radially outward over the surrounding material of the opening to retain the head therein; wherein the fins are configured to deflect during insertion through the opening and resiliently return to extend over the surrounding material as taught by Whitted for the purpose of providing these particular fillets and grooves configuration that proved very successful in giving the head considerable holding power when forced into an aperture smaller than the inscribing figure about the fillets therefore the fillets do not shear in use, but bend as shown because of their particular shape for locking the head in the aperture.
Allowable Subject Matter
Claims 16, 21, 25, and 29 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional suction cup units.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631