DETAILED ACTION
The following Non-Final Office Action is in response to the application filed 7/15/2024.
Status of the claims: Claims 1-19 are hereby examined below.
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 based on an application filed in China on 9/21/2023. It is noted, however, that applicant has not filed a certified copy of the CN202311230794.6 application as required by 37 CFR 1.55.
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 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of copending Application No. US 18/419/935(reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite the same features using slightly different terminology such as “seat body” instead of “base”.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1, line 4 recites “the free end”. Examiner presumes this should read – a free end –.
Claim 1 is objected to because of the following informalities: Claim 1, line 6 recites “through the seat”. Examiner presumes this should read – through the seat body –.
Claim 3 is objected to because of the following informalities: Claim 3, line 2 recites “the top wall”. Examiner presumes this should read – a top wall –.
Claim 4 is objected to because of the following informalities: Claim 4, line 3 recites “between the position where it retracts inside support rod (41) and the position where”. Examiner presumes this should read – between a position where it retracts inside the support rod (41) and a position where --.
Claim 12 is objected to because of the following informalities: Claim 12, line 1 recites “the edge”. Examiner presumes this should read – an edge –.
Claim 16 is objected to because of the following informalities: Claim 16, line 3 recites “the front side”. Examiner presumes this should read – a front side --.
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 1-19 are 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.
Regarding claim 1, the phrase "can be pivotally installed" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can be” are required by the claimed invention. See MPEP § 2173.05(d).
Claim 1 recites “the installation position”. It is unclear what this is referring to.
Regarding claim 3, the phrase "can perform" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can be” are required by the claimed invention. See MPEP § 2173.05(d).
Regarding claim 4, the phrase "can move" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can be” are required by the claimed invention. See MPEP § 2173.05(d).
Regarding claim 5, the phrase "can perform" and “can move” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can be” are required by the claimed invention. See MPEP § 2173.05(d).
Regarding claim 6, the phrases “can extend” and "can maintain" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can be” are required by the claimed invention. See MPEP § 2173.05(d).
Regarding claim 7, the phrase "can be used" and “can move” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can” are required by the claimed invention. See MPEP § 2173.05(d).
Regarding claim 9, the phrase "can insert" and “can move” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can ” are required by the claimed invention. See MPEP § 2173.05(d).
Claim 10, line 2 recites “a pressure groove”, while line 3 recites “a slanted extended pressure groove”. It is unclear if these are referring to the same or different features.
Claim 10, line 4 recites “the open position”. It is unclear what this is referring to.
Claim 10 states that “the pressure groove (611) can be used to gradually push the locking member (82) into the interior of the support rod (41)”. It is unclear what is required for the locking element to be gradually pushed. Furthermore, “can be used” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can” are required by the claimed invention. See MPEP § 2173.05(d)
Regarding claim 10, the phrase "can be used" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can be” are required by the claimed invention. See MPEP § 2173.05(d).
Regarding claim 11, the phrase "can be pressed" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can be” are required by the claimed invention. See MPEP § 2173.05(d).
Claim 12 recites “a cap body (43)….will wrap and fix the top of the support rod (41) and of kit (42), and wrap and secure the bottom of the support rod (41) and of kit (42)”. This is grammatically awkward. Furthermore, as written, the claim requires one cap to secure the kit to the top and bottom of the support rod, however, based on the drawings and specification, it appears as though there is a top cap and a bottom cap to secure the respective top and bottom of the kit.
Claim 13 recites “easy gripping”. It is unclear what defines “easy gripping”.
Claim 14 recites “the bottom-top insertion”. There is insufficient antecedent basis for this limitation in the claim and it is unclear what “bottom-top insertion” is.
Claim 14 recites “a third top spring”, however there are not a first or second top spring recited in the claims from which claim 14 depends. This is confusing. Claim 17 recites “the shell”, however there is insufficient antecedent basis for this limitation in the claim. Examiner presumes claim 17 should depend from claim 16 for proper antecedent basis.
Claim 15 recites “the pillar”. There is insufficient antecedent basis for this limitation in the claim. Should this be – the column --?
Regarding claim 15, the phrase "can move" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can” are required by the claimed invention. See MPEP § 2173.05(d).
Regarding claim 16, the phrase "can wrap" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase “can ” are required by the claimed invention. See MPEP § 2173.05(d).
Claim 19 recites that the upper support is disposed in “the same way” as the upper connecting base and the lower support is disposed “in the same way” as the movable base. It is unclear what “in the same way” means.
Dependent claims are rejected as depending from a rejected claim.
Claims are being examined as best understood.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu DE 202010007029.
In regard to claim 1, Liu ‘029 discloses a rolling shutter door fence, including an upper support (12, Fig. 3), a lower support (13, Fig. 2), a reel (14, Fig. 2) that can be pivotally installed between the upper support (12) and the lower support (13), and a roller shutter (60, Fig. 2) located on the reel(14), also including a connecting mechanism for connecting to the free end of the roller shutter (4), the connecting mechanism includes a column (81, Fig. 2) having a seat body (82,83 Fig. 2) for connecting to the installation position, the column (81) can be vertically fixed at the installation position through the seat ( 82,83), and the connecting mechanism is also provided with a locking mechanism (70, Fig. 20) for locking the free end of the roller shutter.
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 2-4,10,12-15 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Liu DE 202010007029 in view of DE 202018105095.
In regard to claim 2, Liu ‘029 discloses wherein the free end of the roller shutter (60, Fig 2) is provided with a support rod (61,71 Fig. 2 and 20), and the seat body (82,83) includes an upper connecting seat (83, Fig. 2) and a lower connecting seat (left half of 82, Fig. 2) respectively disposed at the top and bottom of the support rod (61,71, Fig. 2). Liu ‘029 fails to disclose explicitly disclose the bottom of the upper connecting seat and the top of the lower connecting seat are respectively provided with a first slot for the insertion of the top of the support rod and a second groove for insertion of the bottom of the support rod, the locking mechanism is used to lock the support rod with the base after the top and bottom of the support rod are inserted into the first slot and the second slot, respectively.
With reference to Figures 2, 18 and 19, DE ‘095 disclose a first slot (161, Fig. 19) for the top of the support rod (120, Fig. 3) to be inserted, the locking mechanism (600, Fig. 1) is used to lock the support rod with the base after the top of the support rod is inserted into the first slot.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Liu ‘029 to include a slot/groove in the top and bottom seats as taught by DE ‘ 095 as such is shown to be a known means for securing a rod in place.
In regard to claim 3, Liu ‘029 as modified by DE ‘095 discloses wherein the locking mechanism includes a first slider (75, Fig. 21, Liu ‘028), and the top wall of the first slot (161, as taught by DE ‘095) is provided with a vertically extended accommodating groove (711, Fig. 21, Liu ‘029) that fits the first slider (75), and the first slider (75) is movably installed in the accommodating groove (711) and can perform vertical reciprocating motion relative to the accommodating groove (711).
In regard to claim 4, Liu ‘029 as modified by DE ‘095 discloses wherein a locking member (73, Fig. 21) is movably provided at the top of the support rod (61,71 Fig. 21), and the locking element (73) can move between the positions where it retracts into the support rod (61,71) and the position where it extends into the accommodating groove (711) to force the first slider (75) to rise, the support rod (61,71) is internally provided with a first top spring (74, Fig. 21) that is connected to the locking member (73), and the first top spring (74), applies elastic force to the locking member (73) so that the first slider (75) can move upward.
In regard to claim 10, Liu ‘029 fails to disclose wherein the first slot is provided with a pressure groove that is partially open for the top of the support rod to pass through, and that has a slanted extended pressure groove at the open position, and when the support rod passes through the open position, the pressure groove can be used to gradually push the locking member into the interior of the support rod.
With reference to Figure 19, DE ‘095 discloses wherein the first slot (161, Fig. 19) is provided with a pressure groove (shown below) that is partially open for the top of the support rod (120,610 Figs. 3 and 17) to pass through, has a slanted extended pressure groove (shown below) at the open position, and when the support rod passes through the open position, the pressure groove can be used to gradually push the locking member (624, Fig. 18) into the interior of the support rod (120,610).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Liu ‘029 to make the slot partially open having a slanted extended pressure groove as taught by DE ‘095 for the purpose of making installation of the support rod into the slot easier for a user.
In regard to claim 12, Liu ‘029 discloses wherein an edge of the free end of the roller shutter (60, Fig. 2) is provided with a kit (shown below) for wrapping the support rod (71,61), and a cap body (shown below) is additionally provided for the end of the support rod (61,71) to insert, and after the kit wraps the support rod (61,71), the cap body (43) will wrap and fix the top of the support rod (41) to the top of the kit (42), and wrap and fix the bottom of the support rod (41) to the bottom of the kit (42).
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In regard to claim 13, Liu ‘029 discloses wherein a window (formed by 72) is provided at the free end of the roller shutter (60) near the support rod (61,71) for easy gripping of the support rod (61,71).
In regard to claim 14, Liu ‘029 fails to disclose wherein the upper connecting seat is detachably provided with a first plug board for fixing in the installation position, the back of the upper connecting seat is provided with a first slot for the bottom-top insertion of the first plug board, the first slot is movably provided with a first locking key having a first locking portion and a first driving portion, and after the first plug board is inserted into the first slot, the first locking portion is inserted into the first locking position to limit the first plug board from exiting the first slot, and a third top spring is additionally provided to apply elastic force to make the first locking key move towards the direction in which the first locking portion is inserted into the first locking position.
However, with reference to Figures 3-6, Liu ‘029 discloses the upper support (12) is detachably provided with a first plug board (211, Fig. 3) for fixing in the installation position, the back of the upper connecting support (12) is provided with a first slot (shown below) for the bottom-top insertion of the first plug board (211), the first slot is movably provided with a first locking key (121, Fig. 4) having a first locking portion (shown below) and a first driving portion (shown below), and after the first plug board (211) is inserted into the first slot, the first locking portion is inserted into the first locking position (Fig. 6) to limit the first plug board from exiting the first slot, and a third top spring (shown below) is additionally provided to apply elastic force to make the first locking key move towards the direction in which the first locking portion is inserted into the first locking position.
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Liu ‘029 to use insertion bord having an insertion slot and a first locking key to mount the upper base since Liu ‘029 discloses such a mechanism is useful for detachably mounting a base to a surface.
In regard to claim 15, Liu ‘029 discloses wherein the column (81, Fig. 2) is movably sleeved with a moving seat (right half of 82, Fig. 2) for fixed connection with the installation position, and the moving seat (right half of 82) can move back and forth along the column (it is possible to move the base along the column when the column is inserted into the base).
In regard to claim 18, Liu ‘029 fails to disclose wherein the moving seat is detachably inserted with a second plug board for fixing the installation position, the back of the moving seat is provided with a second slot for the bottom-top insertion of the second plug board, the second slot is movably provided with a first second locking key having a second locking portion and a second driving portion, the second plug board is provided with a second locking position for the insertion of the second locking portion, and after the second plug board is inserted into the second slot, the second locking portion is inserted into the second slot to limit the second plug board from exiting the second slot, and a fourth top spring is additionally provided to apply elastic force to the second locking key to move towards the direction in which the second locking part insert into the second locking position.
However, as shown above in claim 14, with reference to Figures 3-6, Liu ‘029 discloses the upper support (12) is detachably provided with a first plug board (211, Fig. 3) for fixing in the installation position, the back of the upper connecting support (12) is provided with a first slot (shown below) for the bottom-top insertion of the first plug board (211), the first slot is movably provided with a first locking key (121, Fig. 4) having a first locking portion (shown below) and a first driving portion (shown below), and after the first plug board (211) is inserted into the first slot, the first locking portion is inserted into the first locking position (Fig. 6) to limit the first plug board from exiting the first slot, and a third top spring (shown below) is additionally provided to apply elastic force to make the first locking key move towards the direction in which the first locking portion is inserted into the first locking position.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to modify the device of Liu ‘029 to use insertion bord having an insertion slot and a locking key to mount the movable base since Liu ‘029 discloses such a mechanism is useful for detachably mounting a base to a surface.
In regard to claim 19, Liu ‘029 as modified above disclose wherein the upper support (12, Fig. 3) is disposed at the installation position in the same way as the upper connecting seat (83, Fig 2), and the lower support (13, Fig. 2) is disposed at the installation position in the same way as the moving seat (right half of 82, Fig. 2).
Allowable Subject Matter
Claims 5-9,11 and 16-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY C RAMSEY whose telephone number is (571)270-3133. The examiner can normally be reached Mon-Wed 7:00-3:30.
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/JEREMY C RAMSEY/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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