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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-14) in the reply filed on 12/10/2025 is acknowledged. Claims 15-20 are withdrawn and Claims 1-14 are pending.
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.
Claim 1 is rejected on the grounds of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,104,745 (‘745). Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of the claims in the instant application are found in the cited patent, with merely minor changes to wording and form.
Regarding Claim 1: All the limitations of the instant application’s Claim 1 are included in Claim 1 of ‘745. Specifically, Claim 1 of ‘745 recites a bracket system for coupling a bladder of a space habitat to a cylindrical core, a soft goods layer, a mounting flange including a lip extending around the mounting flange, a bracket to connect the soft good layer to the mounting flange and having a first end with a pin to couple to the soft good layer and a second end including a protrusion to latch the lip.
Allowable Subject Matter
Claims 1-14 are allowable over the cited prior art and would be allowable but for the double patenting rejection above.
Reasons for Allowable Subject Matter
None of the cited prior art, considered alone or in combination, discloses or teaches a bracket system for coupling a bladder of a space habitat to a cylindrical core, the bracket system comprising: a mounting flange configured to couple at an end of the cylindrical core, the mounting flange including a lip extending around the mounting flange; and a bracket configured to connect a soft goods layer that covers the bladder of the space habitat to the mounting flange, the bracket having a first end and a second end, the first end including a pin configured to couple to the soft goods layer, and the second end including a protrusion configured to latch to the lip of the mounting flange.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERET C MCNICHOLS whose telephone number is (571)270-7363. The examiner can normally be reached Monday - Friday: 9:00 - 5:00 (Eastern).
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ERET C. MCNICHOLS
Primary Examiner
Art Unit 3632
/ERET C MCNICHOLS/Primary Examiner, Art Unit 3632