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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/17/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 5 and 14 are objected to because of the following informalities:
On lines 3-4 of claim 5, “wireless communication circuitry wireless communication circuitry” should read “wireless communication circuitry”.
On line 1 of claim 14, “the communication circuitry” should read “the wireless communication circuitry”.
Appropriate correction is required.
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 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,064,583. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the patented claims.
Allowable Subject Matter
Claims 1-19 will be considered allowable upon resolution of the double patenting rejection.
US 2016/0015957 to Tieck et al. (hereafter Tieck) teaches a connector assembly and system, comprising: an inner housing (4) including a fluid flow path extending between a proximal port and a distal port, wherein an exterior surface of the inner housing includes a first electrically conductive exterior surface (130a) and a second electrically conductive exterior surface (130b); an outer housing (30) surrounding the inner housing (4), wherein an interior surface of the outer housing includes a first electrically conductive interior surface (132a) and a second electrically conductive interior surface (132b), wherein the outer housing is configured to move radially relative to the inner housing between a first radial position in which the first electrically conductive exterior surface is spaced apart from the first electrically conductive interior surface and a second radial position in which the first electrically conductive exterior surface is in electrical contact with the first electrically conductive interior surface [0731], wherein the outer housing is configured to move rotationally relative to the inner housing between a first rotational position in which the second electrically conductive exterior surface is spaced apart from the second electrically conductive interior surface and a second rotational position in which the second electrically conductive exterior surface is in electrical contact with the second electrically conductive interior surface [0731] but fails to disclose at least one processor programmed and/or configured to: determine, based on whether the first electrically conductive exterior surface is in electrical contact with the first electrically conductive interior surface, radial data associated with a radial position of the outer housing relative to the inner housing; and determine, based on whether the second electrically conductive exterior surface is in electrical contact with the second electrically conductive interior surface, rotational data associated with a rotational position of the outer housing relative to the inner housing; and wireless communication circuitry configured to wirelessly communicate the radial data and the rotational data to an external computing device. In particular, the first electrically conductive pair and the second electrically conductive pair of Tieck do not distinctly read radial/rotational data.
US 7,654,843 to Olson et al. (hereafter Olson) teaches a connector assembly (Title; Abstract), comprising: an inner housing (Fig. 4 shows inner housing at 12) including a fluid flow path (Fig. 4 shows a fluid path at 34) extending between a proximal port (Fig. 4 shows proximal port near 12) and a distal port (Fig. 4 at distal port 22), wherein an exterior surface of the inner housing includes a first electrically conductive exterior surface (Fig. 4 shows first electrically conductive exterior surface at 14) and a second electrically conductive exterior surface (Fig. 4 shows second electrically conductive exterior surface at 16); an outer housing surrounding the inner housing (Figs. 3 and 4 show the outer housing surrounding the inner housing at 80), but fails to explicitly disclose the connector assembly including wherein an interior surface of the outer housing includes a first electrically conductive interior surface and a second electrically conductive interior surface, wherein the outer housing is configured to move radially relative to the inner housing; at least one processor programmed and/or configured to: determine, based on whether the first electrically conductive exterior surface is in electrical contact with the first electrically conductive interior surface, radial data associated with a radial position of the outer housing relative to the inner housing; and determine, based on whether the second electrically conductive exterior surface is in electrical contact with the second electrically conductive interior surface, rotational data associated with a rotational position of the outer housing relative to the inner housing.
US 8,167,660 to Dilmaghanian et al. (hereafter Dilmaghanian) teaches a connector assembly (Title; Abstract), comprising: an inner housing (Fig. 4 shows inner housing 22 adjacent to flow path 24) including a fluid flow path (Fig. 4 shows a fluid path at 24) extending between a proximal port (Fig. 4 shows proximal port near 22) and a distal port (Fig. 4 at distal port opposite 22), wherein an exterior surface of the inner housing includes a first electrically conductive exterior surface (Fig. 4 shows first electrically conductive exterior surface at 112) and a second electrically conductive exterior surface (Fig. 4 shows second electrically conductive exterior surface at multiple 112); an outer housing surrounding the inner housing (Fig. 4 shows the outer housing 102 surrounding the inner housing 22), but fails to explicitly disclose the connector assembly including wherein an interior surface of the outer housing includes a first electrically conductive interior surface and a second electrically conductive interior surface, wherein the outer housing is configured to move radially relative to the inner housing; at least one processor programmed and/or configured to: determine, based on whether the first electrically conductive exterior surface is in electrical contact with the first electrically conductive interior surface, radial data associated with a radial position of the outer housing relative to the inner housing; and determine, based on whether the second electrically conductive exterior surface is in electrical contact with the second electrically conductive interior surface, rotational data associated with a rotational position of the outer housing relative to the inner housing; and wireless communication circuitry configured to wirelessly communicate the radial data and the rotational data to an external computing device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 EST.
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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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