DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 23, 24, and 26 are objected to because of the following informalities:
Claim 23, lines 1 – 2 recites the limitation “the transverse axis and the longitudinal axis” which should be changed to “a transverse axis and a longitudinal axis”.
Claim 24, line 1 recites the limitation “the longitudinal axis” which should be changed to “a longitudinal axis”.
Claim 26, lines 1 – 2 recites the limitation “the peripheral surface” which should be changed to “a peripheral surface”.
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.
Claim 16 – 27, 31, and 32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3 – 7, 9, 11, and 13 – 15 of U.S. Patent No. 12,162,545 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the U.S. Patent No. recites all of the required structural and functional claim language.
Allowable Subject Matter
Claims 28 – 30 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to disclose:
For claim 28: the at least one interlocking member positions the axle assembly inside an opening of the resilient body;
For claim 29: the axle assembly comprises an axle and the axle is operatively connected with an external surface of the axle assembly; and
For claim 30: wherein the at least one interlocking member is configured to receive an axle assembly interlocking member of the axle assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-11794828 – similar apparatus from applicant;
US-11433725 – comprising a bushing comprising an inner cylinder; an elastic body; and an outer cylinder;
US-11215254 – comprising a vibration control bush comprising a cylindrically-shaped inner pipe, a cylindrically-shaped outer pipe and a rubber elastic body; and
US-8505889 – comprising a vibration-isolating bush comprising an inner cylinder; a rubbery elastic member; an intermediate cylinder; and an outer cylinder.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacob D. Knutson whose telephone number is (571)270-5576. The examiner can normally be reached 8:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB D KNUTSON/Primary Examiner, Art Unit 3611
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