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 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 1-18 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12065340. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims under examination are anticipated, respectively, by the claims of the reference patent. Every limitation in the application under examination claims is recited in the conflicting reference patent claims, and the differences between the claims being that the claims under examination are broader than the conflicting reference patent claims. Specifically, the pulley recited in the claims of the conflicting reference patent.
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(s) 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schafer US 3373844.
Schafer discloses a lift device comprising: a base (10); a platform (24) that is capable of being repositionable relative to the base between a fully lowered position and a fully raised position; and a scissor assembly coupling the base to the platform, the scissor assembly including: a plurality of scissor layers including a first scissor layer, the first scissor layer including a first arm (15) pivotally coupled to a second arm (16), wherein the first scissor arm is configured to rotate relative to the second scissor arm about a first middle axis (17) that extends laterally; a first pulley (27 or 42) coupled to the first arm and aligned with the middle axis; a second pulley (28, 29, 30, 31, 32) coupled to the scissor assembly; a tensile member (26) contacting the first pulley (27, 42) and the second pulley (28, 29, 30, 31, 32) in both the fully lowered position and the fully raised position; and a motor (35) configured to reduce a working length of the tensile member such that the first pulley (27, 42) moves longitudinally relative to the second pulley (28, 29, 30 31, 32) and the platform (24) moves toward the fully raised position.
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As for claim 15, Schafer discloses in Fig. 1 wherein the plurality of scissor layers further includes a second scissor layer coupling the first scissor layer to the base.
As for claim 16, Schafer discloses a drum (25) coupling the tensile member to the motor, wherein the motor (35) is configured to rotate the drum (25) to reduce the working length of the tensile member (26, col. 2, lines 60-72 and col. 3, lines 1-6).
As for claim 17, Schafer discloses a third pulley and a fourth pulley (28, 29, 30, 31, 32) coupled to the plurality of scissor layers, wherein the tensile member (26) surrounds the third pulley and the fourth pulley.
As for claim 18, Schaffer discloses a lift device comprising: a base (10); a platform (24) that is capable of being repositionable relative to the base between a fully lowered position and a fully raised position; and a scissor assembly coupling the base to the platform, the scissor assembly including: a plurality of scissor layers including a first scissor layer, the first scissor layer including a first arm (15) pivotally coupled to a second arm (16); a first pulley (27 or 42) coupled to the first arm; a second pulley (28, 29, 30, 31, 32) coupled to the second arm (16); a tensile member (26) surrounding the first pulley (27, 42) and the second pulley (28, 29, 30, 31, 32) such that (a) a first section of the tensile member (26) extends between and engages the first pulley (27, 42) and the second pulley (28, 29, 30, 31, 32) and (b) a second section of the tensile member (26) extends between and engages the first pulley and the second pulley; and a motor (35) configured to apply a tensile force onto the tensile member to move the platform toward the fully raised position.
Allowable Subject Matter
Claims 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723
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