3DETAILED 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 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, 13-16 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 20, 20, 20, 19 and 18 of U.S. Publication No. 2025/0331589 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because they can be interpreted to describe substantially identical or very similar a gate drive system with essentially the same relationship. Regarding claims 1, 13-16 and 18 of instant application, see comparison with claims 11, 20, 20, 20, 19 and 18 of US Publication No. 2025/0331589 A1, respectively. Differences between the respective claims are underlined.
Instant application 18/649,100
U.S. Publication No. 2025/0331589 A1
Claim 1. A micro-robot crane system comprising:
a microrobot crane, comprising:
a back micro-robot, comprising:
a first plurality of magnets,
a rotary bearing, and
a separation arm, wherein the separation arm includes a separating tip; and
a front micro-robot, comprising:
a second plurality of magnets;
a mount configured to slide along the separation arm, and
a mechanical stop, configured to prevent the separation arm from disengaging from the mount, and wherein the front micro-robot is configured to raise and lower the separation arm.
Claim 13. A method of applying eye lashes, the method comprising:
moving a first micro-robot crane to a first side of an eye;
positioning a separator tip of a separator arm into a lash line of the eye by moving a front micro-robot of the first micro-robot crane; and
moving the first micro-robot crane in a first direction to separate a first side of the eyelashes.
Claim 14. The method of claim 13, wherein the method further comprises:
moving a second micro-robot crane to a second side of an eye;
positioning a second separator tip of a second separator arm into the lash line of the eye by moving a front micro-robot of the second micro-robot crane; and
moving the first micro-robot crane in a second direction to separate a second side of the eyelashes, so that a gap is formed between the first side of the eyelashes and the second side of the eyelashes.
Claim 15. The method of claim 14, wherein the method further comprises:
applying a single eyelash into the gap between the first side of the eyelashes and the second side of the eyelashes.
Claim 16. The method of claim 15, wherein applying the single eyelash comprises:
securing a first micro-robot having a wire comb to a first location;
positioning a second micro-robot along the wire comb with a tube so that a gripper of the second micro-robot contacts an attachment end of the wire comb;
gripping an eyelash between the gripper and the attachment end;
positioning the second micro-robot to apply the eyelash;
retracting the gripper from the attachment end; and
applying the eyelash.
Claim 18. The method of claim 14, wherein the method further comprises:
monitoring the first micro-robot crane, the second micro-robot crane, or both; and
transmitting image data to the processor; and
adjusting a position of the first micro-robot crane, the second micro-robot crane, or both based on the image data.
Claim 1. The dispenser of claim 10, wherein at least two micro-robots of the one or more micro-robots comprise:
a back micro-robot, comprising:
a plurality of magnets,
a rotary bearing, and
a separation arm, wherein the separation arm includes a separating tip; and
a front micro-robot, comprising:
a plurality of magnets;
a mount configured to slide along the separation arm, and
a mechanical stop, configured to prevent the front micro-robot from moving, and wherein the front micro-robot is configured to raise and lower the separation arm.
Claim 20. The method of claim 13, wherein the method further comprises:
moving a first micro-robot crane to a first side of an eye;
positioning a separator tip of a separator arm into a lash line of the eye by moving a front micro-robot of the first micro-robot crane;
moving the first micro-robot crane in a first direction to separate a first side of the eyelashes;
moving a second micro-robot crane to a second side of an eye;
positioning a second separator tip of a second separator arm into the lash line of the eye by moving a front micro-robot of the second micro-robot crane;
moving the first micro-robot crane in a second direction to separate a second side of the eyelashes, so that a gap is formed between the first side of the eyelashes and the second side of the eyelashes; and
applying a single eyelash into the gap between the first side of the eyelashes and the second side of the eyelashes.
Claim 19. The method of claim 13, wherein applying the eyelash comprises:
securing a first micro-robot having a wire comb to a first location;
positioning a second micro-robot along the wire comb with a tube so that a gripper of the second micro-robot contacts an attachment end of the wire comb;
gripping an eyelash between the gripper and the attachment end;
positioning the second micro-robot to apply the eyelash; and
retracting the gripper from the attachment end.
Claim 18. The method of claim 13, wherein the method further comprises:
monitoring the one or more micro-robots with a camera system;
transmitting image data of the one or more micro-robots to a processor; and
adjusting a position of the one or more micro-robots based on the image data.
Note: some claims of instant application are not exactly limitations as U.S. Publication No. 2025/0331589 A1. However, they are the same functions. Therefore, these limitations are obvious by system of U.S. Publication No. 2025/0331589 A1.
Allowable Subject Matter
Claims 2-12, 17 and 19-20 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI T DINH whose telephone number is (571)270-3852. The examiner can normally be reached (571)270-3852.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EDUARDO COLON-SANTANA can be reached at (571)272-2060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THAI T DINH/Primary Examiner, Art Unit 2846