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 .
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 consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 15 and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 20 of U.S. Patent No. 12060717. Although the claims at issue are not identical, they are not patentably distinct from each other because all elements are disclosed in the parent patent ‘717 Note that the “ridge secured in and conforming to a shape of the first slot” in claim 1 pat ‘ 717 reads on “the ridge having a first shape that corresponds to a second shape of at least a portion of the first slot”, and “the first handle insert including a first flange and a second flange, the first flange including a section from which the ridge extends into the first slot, and the second flange fixed at an angle relative to the first flange” in claim 1 pat ‘ 717 reads on “a first flange that extends below the ridge and covers a portion of the support bar” and “the first flange extending along a surface of the platform and the second flange extending away from the platform and along the support bar”; note that even if the second flange is not at 90 degree angle with the first flange it would still cover at least a portion of the support bar at least partially (when viewed perpendicular to the support bar).
Claims 1, 15 and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 20 of U.S. Patent No. 10815680. Although the claims at issue are not identical, they are not patentably distinct from each other because all elements are disclosed in the parent patent ‘680, in the same manner and for similar language as detailed for pat ‘717 above.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “a base” claim 23.
Claim Rejections - 35 USC § 103
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.
Claims 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over JP (2006022530) (referred to as ref 530), in view of Muhlhauser, US (2793386).
In regards to claim 9 ref 530 discloses:
An apparatus (fig. 1a) comprising:
a platform (1) having a first end (left hand side) and a second end (right hand side), a top side (top of 1 facing viewer), a bottom side (bottom of 1 facing away from viewer), and a longitudinal centerline (see annotated drawings);
a support bar (4; fig. 1a, 2a, 2b) attached to the bottom side and extending along the longitudinal centerline (as shown in fig. 2b); and
a handle (3) disposed at least partially in the platform adjacent the longitudinal centerline (as shown in figs. 1, 2a, 2b), the handle comprising:
a first slot (top slot as shown in fig. 2a; see annotated drawings) defined in the platform (in platform 1; as shown in fig. 2a).
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In regards to claim 9 ref 530 does not disclose a first insert comprising a ridge and a first flange.
Muhlhauser teaches a first insert (14), the first insert comprising a ridge (23) that extends into and covers an inner surface (see annotated drawings below) of the slot, the ridge having a first shape (shape of channel 26 as shown in fig. 4) that corresponds to a second shape of at least a portion of the first slot (shape of portion of slot in contact with 26 as shown in side view fig. 3), the first insert further comprising a first flange (27; fig. 3) that extends below the ridge (considering the face 18 is the top and toward the depth of the insert is going below the ridge 23; when installing the insert in a vertical facing slot).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the insert taught by Muhlhauser onto the handle openings of ref 530 for the predictable result with reasonable expectation of success i.e., to cover the edges of the open slot where the user inserts their hand, and as shown in ref 530 fig. 2b, the slots being cut right into the relatively thin platform surface they create a sharp edge that can result in injury to the user, hence a person of ordinary skill in the art would find that general insert such as that taught by Muhlhauser would solve this problem. The teaching of the insert of Muhlhauser onto the open slots of ref 530 subsequently teaches the first flange (27; Muhlhauser) covers a portion of the support bar (the portion of support bar 4 of ref 530 facing 27 since it would be facing the surface of the support bar when inserted into the top slot of the handle of ref 530 as shown in fig. 2a; Muhlhauser).
In regards to claim 10 Muhlhauser teaches the first insert includes a second flange (24) extending along a surface of the platform (platform being likened to panel 10; as shown in reproduced fig. 3 below 24 running parallel to and along the surface of 10).
In regards to claim 11 Muhlhauser teaches the second flange is fixed at about a 90-degree angle with respect to the first flange (as shown in fig. 3; Muhlhauser).
In regards to claim 12 ref 530 as modified by Muhlhauser teaches the handle further comprises a second slot (top slot as shown in fig. 2a; ref 530) defined in the platform and a second insert (teaching a second insert of Muhlhauser onto the second slot in the same manner as for the first insert), the second insert comprising a ridge (similar to ridge of first insert) that extends into and covers an inner surface of the second slot (in the same manner as for the first insert), the ridge having a third shape (similar to first shape) that corresponds to a fourth shape (similar to second shape) of at least a portion of the second slot, the second insert further comprising a flange (similar to flange of first insert) that extends below the ridge and covers a portion of the support bar (similar to and mirror to the manner taught for the first insert above).
In regards to claim 13 ref 530 discloses the apparatus has a center of gravity and the first slot is disposed above the center of gravity (per the structure of the whole apparatus as shown in fig. 1b and in the same manner as in the current invention).
In regards to claim 14 ref 530 discloses a first leg assembly (2; left hand side) rotatably attached (as hinge 5) to the platform in proximity to the first end (fig. 1a); and a second leg assembly (2; right hand side) rotatably attached (as hinge 5) to the platform in proximity to the second end (fig. 1a), the first and second leg assemblies movable between a folded state (when hinges 5 are I the folded state) and a use state (in use state as shown in fig. 1a, b, c), and when the apparatus is in the use state, the apparatus is configured to be lifted by the handle without tipping the apparatus (intended use; when user inserts his hand and balances the weight of the apparatus as a whole).
Claims 15-22 are rejected under 35 U.S.C. 103 as being unpatentable over JP (2006022530) (referred to as ref 530), in view of Muhlhauser, US (2793386).
In regards to claim 15 ref 530 discloses:
An apparatus comprising:
An apparatus (fig. 1a) comprising:
a platform (1) having a first end (left hand side) and a second end (right hand side), a bottom side (bottom of 1 facing away from viewer), a top side (top of 1 facing viewer), and a longitudinal centerline (see annotated drawings);
a support bar (4; fig. 1a, 2a, 2b) attached to the bottom side and extending along the longitudinal centerline (as shown in fig. 2b); and
a handle (3) disposed at least partially in the platform adjacent the longitudinal centerline (as shown in figs. 1, 2a, 2b), the handle comprising:
a first slot (top slot as shown in fig. 2a; see annotated drawings) defined in the platform (in platform 1; as shown in fig. 2a).
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In regards to claim 15 ref 530 does not disclose a first insert comprising a ridge and a first flange and a second flange.
Muhlhauser teaches a first insert (14), the first insert comprising a ridge (23) extending into the slot and covering an inner surface of the slot (see annotated drawings below), a first flange (24; fig. 3), and a second flange (27; fig. 3), the first flange extending along a surface of the platform (platform being likened to panel 10; as shown in reproduced fig. 3 below 24 running parallel to and along the surface of 10) and the second flange (27) extending away from the platform (27 extending perpendicular and away from 10; fig. 3).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the insert taught by Muhlhauser onto the handle openings of ref 530 for the predictable result with reasonable expectation of success i.e., to cover the edges of the open slot where the user inserts their hand, and as shown in ref 530 fig. 2b, the slots being cut right into the relatively thin platform surface they create a sharp edge that can result in injury to the user, hence a person of ordinary skill in the art would find that general insert such as that taught by Muhlhauser would solve this problem. The teaching of the insert of Muhlhauser onto the open slots of ref 530 subsequently teaches the second flange (27) extending away from the platform and along the support bar (support bar 4 of ref 530 facing i.e., extending along/parallel to 27 when inserted into the top slot of the handle of ref 530 as shown in fig. 2a; Muhlhauser).
In regards to claim 16 Muhlhauser teaches the first flange is fixed at about a 90-degree angle relative to the second flange (as shown in fig. 3; Muhlhauser).
In regards to claim 17 Muhlhauser teaches the second flange extends below the ridge and the first flange (as shown in fig. 3; Muhlhauser).
In regards to claim 18 Muhlhauser teaches the ridge has a first shape (shape of channel 26 as shown in fig. 4) that corresponds to a second shape of at least a portion of the first slot (shape of portion of slot in contact with 26 as shown in side view fig. 3).
In regards to claim 19 ref 530 discloses a first leg assembly (2; left hand side) rotatably attached (as hinge 5) to the platform in proximity to the first end (fig. 1a); and a second leg assembly (2; right hand side) rotatably attached (as hinge 5) to the platform in proximity to the second end (fig. 1a), the first and second leg assemblies movable between a folded state (when hinges 5 are I the folded state) and a use state (in use state as shown in fig. 1a, b, c), and when the apparatus is in the use state, the apparatus is configured to be lifted by the handle without tipping the apparatus (intended use; when user inserts his hand and balances the weight of the apparatus as a whole).
In regards to claim 20 Muhlhauser teaches the first flange extends along a surface of the bottom side of the platform (24 extends along bottom surface of 10; fig. 3).
In regards to claim 21 ref 530 discloses the first slot has a first elongate side (as shown in figs. 1a, 4a) and a second elongate side (as shown in figs. 1a, 4a) essentially in parallel in spaced relation with the first elongate side, with each elongate side essentially in parallel with the centerline (oval shape of each slot as shown in fig. 1a, 4a and in the same manner as in the current invention).
In regards to claim 22 ref 530 discloses the apparatus has a center of gravity and the first slot is disposed above the center of gravity (per the structure of the whole apparatus as shown in fig. 1b and in the same manner as in the current invention).
Claims 23-28 are rejected under 35 U.S.C. 103 as being unpatentable over JP (2006022530) (referred to as ref 530), in view of Muhlhauser, US (2793386).
In regards to claim 23 ref 530 discloses:
An apparatus (fig. 1a) comprising:
a platform (1) having a first end (left hand side) and a second end (right hand side), a bottom side (bottom of 1 facing away from viewer), a top side (top of 1 facing viewer), and a longitudinal centerline (see annotated drawings);
a handle (3) disposed at least partially in the platform adjacent the longitudinal centerline (as shown in figs. 1, 2a, 2b), the handle comprising:
a first slot (top slot as shown in fig. 2a; see annotated drawings) defined in the platform (in platform 1; as shown in fig. 2a).
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In regards to claim 23 ref 530 does not disclose a first insert comprising a ridge and a first flange and a second flange.
Muhlhauser teaches a first insert (14) disposed at least in part in the first slot (slot in panel 10 as shown in figs. 1, 3), the first insert having:
a generally rectangular base (base 18 including clip 34) having a first side (bottom side as viewed in the side view of fig. 3) and a second side (top side as viewed in the side view of fig. 3),
an elongate opening (22) in the base (18),
a ridge (30; fig. 3) protruding from the first side of the base (bottom side of 18; fig. 3) at a periphery of the elongate opening (bottom edge/periphery of 22; fig. 3, 4) and sized to be received in the slot (as shown in figs. 1, 3) and cover an inner surface of the slot (covering inner surface of opening in 10 as shown in annotated drawings below), and
a flange (24/27; fig. 3) extending from the second side of the base (top side of 18; fig. 3) from an edge of the base (top inner edge of 18; as shown in fig. 1, 3).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the insert taught by Muhlhauser onto the handle openings of ref 530 for the predictable result with reasonable expectation of success i.e., to cover the edges of the open slot where the user inserts their hand, and as shown in ref 530 fig. 2b, the slots being cut right into the relatively thin platform surface they create a sharp edge that can result in injury to the user, hence a person of ordinary skill in the art would find that general insert such as that taught by Muhlhauser would solve this problem.
In regards to claim 24 Muhlhauser teaches the base is disposed on the bottom side of the platform (at least portion 34 of the base as shown in fig. 3).
In regards to claim 25 ref 530 as modified by Muhlhauser teaches a support bar (4; fig. 1a, 2a, 2b; ref 530) attached to the bottom side (bottom of platform 1; as shown in fig. 2b; ref 530) and extending along the centerline (figs. 1, 2b; ref 530), the flange being secured to the support bar (once insert 14 of Muhlhauser is taught onto the slot opening of ref 530 at least secured via the surface of the platform).
In regards to claim 26 Muhlhauser teaches the flange (27) extends from the edge of the base (top side of 18; fig. 3) at about a 90-degree angle (as shown in fig. 3; Muhlhauser).
In regards to claim 27 Muhlhauser teaches the elongate opening, and the ridge are shaped to correspond to a shape of the first slot (as shown in fig. 3; Muhlhauser).
In regards to claim 28 ref 530 discloses a first leg assembly (2; left hand side) rotatably attached (as hinge 5) to the platform in proximity to the first end (fig. 1a); and a second leg assembly (2; right hand side) rotatably attached (as hinge 5) to the platform in proximity to the second end (fig. 1a), the first and second leg assemblies movable between a folded state (when hinges 5 are I the folded state) and a use state (in use state as shown in fig. 1a, b, c), and when the apparatus is in the use state, the apparatus is configured to be lifted by the handle without tipping the apparatus (intended use; when user inserts his hand and balances the weight of the apparatus as a whole).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to PTO-892 form for list of cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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