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
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.
Claims 1-13 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-14 of co-pending Application No. 18999173 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented. The claims of the instant application and the claims of the co-pending application are similar in scope with a few variations in the wordings as shown below.
Current application: 18760593
Co-pending Application:18999173
1.An electromechanical system comprising: a frame ; a first element movable relative to the frame ; a capacitive measurement or actuation means system comprising: a first electrode movable relative to the frame ; and at least one electrode fixed relative to the frame and separated from the first movable electrode by a first dielectric medium; a first movement transmission device connecting the first movable element to the first movable electrode , the first movement transmission device being rotatably movable relative to the frame by means of a plurality of first pivot hinges ; and characterised in that it further comprises a second element movable relative to the frame , in that wherein the second movable element is connected to the capacitive measurement or actuation means system and in that wherein the first movable element is disposed between the capacitive measurement or actuation means system and the second movable element .
1.An electromechanical system comprising: a frame; a first element movable relative to the frame; and a capacitive measurement or actuation system comprising: a first electrode movable relative to the frame; and at least one electrode fixed relative to the frame and separated from the first movable electrode by a first dielectric medium; a first movement transmission device connecting the first movable element to the first movable electrode, the first transmission device being rotatably movable relative to the frame with a plurality of first pivot hinges; a second element movable relative to the frame, the second movable element being connected to the capacitive measurement or actuation system.
12. The electromechanical system according to claim 1, wherein the capacitive measurement or actuation system is located between the first movable element and the second movable element.
Allowable Subject Matter
Claims 1-13 are allowed once the Double patenting rejection is overcome.
The independent Claim 1, identifies a uniquely distinct feature of “…the first movement transmission device being rotatably movable relative to the frame by means of a plurality of first pivot hinges ; and characterised in that it further comprises a second element movable relative to the frame , in that wherein the second movable element is connected to the capacitive measurement or actuation means system and in that wherein the first movable element is disposed between the capacitive measurement or actuation means system and the second movable element .”
The closest prior art to Joet (US20210021944) teaches A mechanical connection is provided for a microelectromechanical and/or nanoelectromechanical device for measuring a variation in pressure. The device includes a fixed component extending in a main plane, a mobile component to move or deform in an out-of-plane direction under effect of a variation in pressure, and a detector of movement or deformation having at least one mobile element. The mechanical connection includes: a lever arm; a first connection connecting the mobile component to a first end of the lever arm, the first connection transmitting out-of-plane movement of the mobile component to the first end of the lever arm while allowing out-of-plane rotation of the lever arm about a direction of rotation; a second connection connected to the second end of the lever arm to allow mainly an out-of-plane rotation of the lever arm about an axis of rotation extending in the direction of rotation; a third connection connecting the lever arm to the detector at a given distance from the axis of rotation in the out-of-plane direction, the third connection being designed to convert the rotation of the lever arm about the axis of rotation into a translation in the plane of the at least one mobile element in a direction of translation. See at least abstract. The prior art fails to anticipate or render the independent claim obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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, Duc Nguyen can be reached at 5712727503. 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.
/SUNITA JOSHI/Primary Examiner, Art Unit 2691