DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
2. The drawings are objected to as failing to comply with 37 CFR 1.84(q) because the following reference characters are improperly underlined:
· Figs. 1 and 2: “1”
· Figs. 4, 5, and 6: “1(2)”
· Figs. 4, 6, and 7: “20”
· Fig. 7: “41”
· Figs. 8-10: “61”
The underline should be removed.
3. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
· Reference characters "1" and "2" have both been used to designate the same element in Figs. 3, 4, 5, and 6.
· Reference characters "4c" and "4q" have both been used to designate the same element in Fig. 3.
· Reference characters "21h" and "21d" have both been used to designate the same element in Figs. 4 and 7.
Reference characters cannot share the same leader line.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Double Patenting
4. A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
5. Claim 5 (note claim 5 includes all of the limitations of independent claim 1) is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 4 of copending Application No. 18/690,874. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Allowable Subject Matter
6. Claims 1-4 and 6-8 are allowed.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references disclose wheel-mounted air filing devices and related valve structures.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAEKWON CHOI whose telephone number is (571) 272-5805. The examiner can normally be reached on M-F from 9 am to 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano, can be reached at telephone number (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/TAEKWON CHOI/Examiner, Art Unit 3615
/Kip T Kotter/Primary Examiner, Art Unit 3615