DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed 02/10/25 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,064,894. Although the claims at issue are not identical, they are not patentably distinct from each other because it is clear that all the elements of claim 1 of the instant invention are to be found in claims 1 of the U.S. Patent. The difference between claim 1 of the instant application and claim 1 of the U.S. Patent lies in the fact that the U.S. Patent include many more features and thus much more specific (for example, a protrusion pivotably coupled to the trigger for movement with the trigger between the OFF position and the ON position, and wherein the protrusion engages the trigger lock-off to inhibit movement of the trigger from the OFF position to the ON position). Since claim 1 is anticipated by claim 1, it is not patentably distinct from claim 1 of the U.S. Patent.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the nonstatutory double patenting rejection, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance: The claim is allowable because the prior art fails to teach a protrusion pivotably coupled to the trigger for movement with the trigger between the OFF position and the ON position, and wherein the protrusion engages the trigger lock-off to inhibit movement of the trigger from the OFF position to the ON position as set forth in claims 1, 9, and 16.
Wappat teaches a housing 1, switch 13, and trigger 16. Fukinuki teaches a resilient protrusion 50 and 36 is for locking-on the trigger. However, the combination of Wappat with Fukinuki fails to teach the protrusion engages the trigger lock-off to inhibit movement of the trigger from the OFF position to the ON position.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR FLORES SANCHEZ whose telephone number is (571)272-4507. The examiner can normally be reached Monday thru Thursday8:00-4:00 pm.
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/OMAR FLORES SANCHEZ/Primary Examiner, Art Unit 3724
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