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 .
Election/Restrictions
Applicant’s election of group I in the reply filed on 5/16/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim.
Specification
The disclosure is objected to because of the following informalities: the first paragraph of the specification should include the status (ie Pat. No.) of application 17/525,039.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "the controller". There is insufficient antecedent basis for this limitation in the claim.
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 1-4, 7-8, 12-14 (particularly claim 1) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 (particularly claim 1) of U.S. Patent No. 12,011,021. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of present claim 1 are also present in claim 1 of ‘021.
Claims 1-4, 7-8, 12-14 (particularly claim 1) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 (particularly claim 5) of U.S. Patent No. 10,849,342 in view of Moucha [Pat. No. 4,932,550]. The ‘342 patent does not claim the lid being unable to rotate (claim 1). Moucha teaches a pressure cooker interlock (title) comprising a lid assembly (Figure 1, #28), a locking mechanism including a locking pin biased by pressure within the chamber (Figure 1, #12), and preventing the lid from rotating (column 2, line 63 to column 3, line 6). It would have been obvious to one of ordinary skill in the art to incorporate the claimed lid rotation prevention into the invention of ‘342, in view of Moucha, since both are directed to pressurized devices, since ‘342 already claimed a sensor bore, a rotatable sensor mount within the bore, latch members, and a locking pin which prevents removal of the rotatable sensor mount (claim 2-5); since pressurized devices also commonly used a locking pin to prevent lid rotation as shown by Moucha, and since prevention of lid rotation would have prevented accidental opening of the device while still pressurized, and thus prevented possible injury to the user of ‘342, in view of Moucha.
Response to Arguments
Applicant's arguments filed 9/17/25 have been fully considered but they are not persuasive.
Regarding the Double Patenting rejection based upon 10,849,342, applicant argues that Moucha did not disclose the same elements. However, Moucha is only the secondary reference, while ‘342 is the primary reference and claims the majority of the majority of the required elements.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a thermal sensor and manual operation) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
It is further noted that the primary reference (ie claim 5 of Pat. No. 10,849,342) already included a rotatable sensor mount with a probe extending through the lid assembly (claim 1), a sensor bore (claim 2), a latch member (claim 4), and a locking pin which locks the latch member and prevents probe removal (claim 5).
It would have been obvious to one of ordinary skill in the art to incorporate the claimed lid rotation prevention into the invention of ‘342, in view of Moucha, since both are directed to pressurized devices, since ‘342 already claimed a sensor bore, a rotatable sensor mount within the bore, latch members, and a locking pin which prevents removal of the rotatable sensor mount (claim 2-5), since pressurized devices also commonly used a locking pin to prevent lid rotation as shown by Moucha, and since prevention of lid rotation would have prevented accidental opening of the device while still pressurized, and thus preventing possible injury to the user of ‘342, in view of Moucha.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW E BECKER whose telephone number is (571)272-1396. The examiner can normally be reached 8am-5pm Monday-Friday.
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/DREW E BECKER/Primary Examiner, Art Unit 1792