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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/000393, filed on 12/1/2022.
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 1-16 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,099,087. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are broader than the claims of the related patent. Please see the below chart for a detailed comparison of claim 1 of the instant application and claims 1 & 5 of the patent, as well as a listing of how the other claims of the instant application are anticipated by the patent’s claims. The same analysis of claim 1 applies mutatis mutandis to the other independent claim, claim 10 (which is anticipated by claims 10 & 15 of the patent).
US Serial # 18/762,224
US Patent 12,099,087
A contact probe for electronic tests comprising:
A contact probe (10) for electronic tests comprising:
an upper part having an end portion, said upper part having an end disposed to contact a first electronic component;
an upper part (12) having an end portion (12′), said upper part having an end is disposed to contact a first electronic component;
a lower part having an end portion, said lower part having an end disposed to contact a second electronic component; and
a lower part (13) having an end portion (13 c), said lower part having an end disposed to contact a second electronic component; and
an elongated and deformable central body, said central body being interposed between said upper part and said lower part;
an elongated and deformable central body (11), said central body being interposed between said upper part and said lower part;
wherein said lower part comprises an enlarged head having a lower surface disposed to rest at least partially onto a horizontal surface, said lower surface being configured so as to have an inclination angle with respect to a horizontal surface onto which said lower part rests in a rest condition of the probe in unbuckled condition, and, in a buckle condition of the probe, to have at least one buckled position in which said lower surface moves to rest entirely or prevalently onto the horizontal surface, thus zeroizing said inclination angle, and
wherein said lower part (13) comprises an enlarged head (13D) having a lower surface (13D′) disposed to rest at least partially onto a horizontal surface (25, X), said lower surface (13D′) being configured so as to have an inclination angle (α) with respect to a horizontal surface (25, X) onto which said lower part rests in a rest condition of the unbuckled probe and,
in a buckle condition of the probe, to have at least one buckled position in which said lower surface (13D′) moves to rest entirely or prevalently onto the horizontal surface, thus zeroizing said inclination angle (α); and
wherein said enlarged head (13D) comprises an upper surface which branches off radially from the central body, said enlarged head developing longitudinally for a predetermined length and ending with said lower surface (13D′) which branches off radially from the end portion (13 c) to which said lower surface is connected.
wherein said enlarged head is centered with respect to the central body to which the enlarged head is connected and has a greater transversal section with respect to a transversal section of the central body to which the enlarged head is connected.
5. The contact probe (10), according to claim 1, wherein said enlarged head (13D) is centered with respect to the central body to which the enlarged head is connected and has a greater transversal section with respect to a transversal section of the central body (11) to which the enlarged head is connected.
Claim 5 of the patent is emphasized.
Claim
Corresponding Claims
1
1 + 5
2
1 + 5 + 2
3
1 + 5 + 3
4
1 + 5 + 4
5
1 + 5
6
1 + 5 + 6
7
1 + 5 + 7
8
1 + 5 + 8
9
1 + 5 + 9
10
10 + 15
11
10 + 15 + 11
12
10 + 15 + 12
13
10 + 15 + 13
14
10 + 15 + 14
15
10 + 15
16
10 + 15 + 16
Allowable Subject Matter
If the double patenting issue above were to be resolved favorably, the claims would be in condition for allowance because the closest prior art…
US 2020/0018779 to Kato et al., which discloses a probe having a slanted end and central shoulders/outcroppings;
US 2019/0271722 to Yamazaki et al., which discloses a probe having shoulders/outcroppings that prevent the probe from moving too far perpendicularly from the insertion axis;
US 2018/0003767 to Crippa et al., which discloses a probe having an enlarged head and central shoulder/outcropping; and
US 2010/0231249 to Dang et al., which discloses a probe having an enlarged head and central shoulder/outcropping;
…neither teaches nor fairly discloses the following limitations:
in claim 1, “A contact probe for electronic tests comprising . . . wherein said lower part comprises an enlarged head having a lower surface disposed to rest at least partially onto a horizontal surface, said lower surface being configured so as to have an inclination angle with respect to a horizontal surface onto which said lower part rests in a rest condition of the probe in unbuckled condition, and, in a buckle condition of the probe, to have at least one buckled position in which said lower surface moves to rest entirely or prevalently onto the horizontal surface, thus zeroizing said inclination angle,” and
in claim 10, “A probe head comprising . . . wherein said lower part of the probe comprises an enlarged head having a lower surface which rests onto a surface of the lower plate, said lower surface being configured so that, in a rest condition of the probe when said probe is not buckled, said lower surface is inclined at an angle with respect to the surface of the lower plate and, after the probe has become buckled in work position, said lower surface is entirely lying onto the surface of the lower plate, thus zeroizing said angle,”
in combination with all other limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert P Alejnikov whose telephone number is (571)270-5164. The examiner can normally be reached 10:00a-6:00p M-F.
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/ROBERT P ALEJNIKOV JR/Examiner, Art Unit 2857
/ARLEEN M VAZQUEZ/Supervisory Patent Examiner, Art Unit 2857