DETAILED ACTION
Claim Objections
Claims 30, 31 are objected to because of the following informalities: the two claims are identical. Appropriate correction is required.
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) 35, 36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 4,927,227 to Bensel, III et al.
Regarding claim 35, Bensel teaches an organizer assembly for a butt closure, the organizer assembly defining a mutually orthogonal coordinate system comprising a longitudinal axis, a lateral axis, and a transverse axis, (length, depth and thickness directions of a tray 120 shown in Fig. 1B) the organizer assembly comprising: a plurality of organizer trays (120), each of the plurality of organizer trays rotatably (about a hinge shown in Fig. 6) connectable to a bracket assembly (100), wherein each of the plurality of organizer trays comprises a plurality of positioning slots (recesses 136) and a positioning tab (detent 134), wherein the positioning tab of the organizing tray is insertable into a different positioning slot of the neighboring organizer tray when rotating from a first position to a second position (Figs. 2, 7 show the plurality of trays 120, one of which is an up or open position, while the remaining are in a down position, for which the detents 134--134 are adapted to become disposed in recesses 136--136 formed in the frame 101 or to snap lock to an underlying tray).
Regarding claim 36, Bensel further teaches a primary basket (cover 23, Fig. 1A) extending along the longitudinal axis between a first open end and a second closed end, the primary basket defining an interior.
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 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,487,071. Although the claims at issue are not identical, they are not patentably distinct from each other because each of the claimed limitations is disclosed by the corresponding claim of the ‘071 patent (see table below).
Claim 35 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of U.S. Patent No. 11,487,071. Although the claims at issue are not identical, they are not patentably distinct from each other because each of the claimed limitations is disclosed by the corresponding claims of the ‘071 patent (see table below).
‘071 patent
Instant applicant
Claim 1. An organizer assembly for a butt closure, the organizer assembly defining a mutually orthogonal coordinate system comprising a longitudinal axis, a lateral axis, and a transverse axis, the organizer assembly comprising:
a primary basket extending along the longitudinal axis between a first open end and a second closed end, the primary basket defining an interior;
a bracket assembly extending along the transverse axis at the first open end of the basket, the bracket assembly comprising a plurality of hinge assemblies;
a plurality of organizer trays, each of the plurality of organizer trays rotatably connectable to the bracket assembly at one of the plurality of hinge assemblies,
each of the plurality of organizer trays rotatable between a first position wherein the organizer tray is aligned along the longitudinal axis and a second position wherein the organizer tray is aligned along the transverse axis,
wherein each of the plurality of organizer trays comprises a plurality of positioning slots and a positioning tab, wherein the positioning tab of one of the plurality of organizer trays is inserted in one of the plurality of positioning slots of a neighboring organizer tray when the plurality of organizer trays is in the first position, and wherein the positioning tab of the one of the plurality of organizer trays is inserted in another one of the plurality of positioning slots of the neighboring organizer tray when the plurality of organizer trays is in the second position, and wherein the positioning tab of one of the plurality of organizer trays is inserted in yet another one of the plurality of positioning slots of the neighboring organizer tray when the plurality of organizer trays is removed from the bracket assembly and stacked together.
Claim 21. An organizer assembly for a butt closure, the organizer assembly defining a mutually orthogonal coordinate system comprising a longitudinal axis, a lateral axis, and a transverse axis, the organizer assembly comprising:
a plurality of organizer trays, each of the plurality of organizer trays rotatably connectable to a bracket assembly,
wherein each of the plurality of organizer trays comprises a plurality of positioning slots and a positioning tab, wherein the positioning tab of one of the plurality of organizer trays is inserted in one of the plurality of positioning slots of a neighboring organizer tray when the plurality of organizer trays is in a first position, and wherein the positioning tab of the one of the plurality of organizer trays is inserted in another one of the plurality of positioning slots of the neighboring organizer tray when the plurality of organizer trays is in a second position, and wherein the positioning tab of one of the plurality of organizer trays is inserted in yet another one of the plurality of positioning slots of the neighboring organizer tray when the plurality of organizer trays is removed from the bracket assembly and stacked together.
Claim 1. An organizer assembly for a butt closure, the organizer assembly defining a mutually orthogonal coordinate system comprising a longitudinal axis, a lateral axis, and a transverse axis, the organizer assembly comprising:
a primary basket extending along the longitudinal axis between a first open end and a second closed end, the primary basket defining an interior;
a bracket assembly extending along the transverse axis at the first open end of the basket, the bracket assembly comprising a plurality of hinge assemblies;
a plurality of organizer trays, each of the plurality of organizer trays rotatably connectable to the bracket assembly at one of the plurality of hinge assemblies, each of the plurality of organizer trays rotatable between a first position wherein the organizer tray is aligned along the longitudinal axis and a second position wherein the organizer tray is aligned along the transverse axis,
wherein each of the plurality of organizer trays comprises a plurality of positioning slots and a positioning tab,
wherein the positioning tab of one of the plurality of organizer trays is inserted in one of the plurality of positioning slots of a neighboring organizer tray when the plurality of organizer trays is in the first position, and wherein the positioning tab of the one of the plurality of organizer trays is inserted in another one of the plurality of positioning slots of the neighboring organizer tray when the plurality of organizer trays is in the second position, and wherein the positioning tab of one of the plurality of organizer trays is inserted in yet another one of the plurality of positioning slots of the neighboring organizer tray when the plurality of organizer trays is removed from the bracket assembly and stacked together.
Claim 18. The organizer assembly of claim 17, wherein the positioning tab of the organizing tray is insertable into a different positioning slot of the neighboring organizer tray when rotating from the first position to the second position.
Claim 35. An organizer assembly for a butt closure, the organizer assembly defining a mutually orthogonal coordinate system comprising a longitudinal axis, a lateral axis, and a transverse axis, the organizer assembly comprising:
a plurality of organizer trays, each of the plurality of organizer trays rotatably connectable to a bracket assembly,
wherein each of the plurality of organizer trays comprises a plurality of positioning slots and a positioning tab,
wherein the positioning tab of the organizing tray is insertable into a different positioning slot of the neighboring organizer tray when rotating from a first position to a second position.
Dependent claims 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, are rejected on the ground of nonstatutory double patenting as being unpatentable over dependent claims 4, 5, 6, 7, 8, 12, 13, 14, 15, 15, 19, of U.S. Patent No. 11,487,071. These dependent claims are identical to the respective dependent claims of the ‘071 patent.
Claims 33, 34 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 3 of U.S. Patent No. 11,487,071. Although the claims at issue are not identical, they are not patentably distinct from each other because each of the claimed limitations is disclosed by the corresponding claims of the ‘071 patent.
Claims 36, 37, 38, 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2 of U.S. Patent No. 11,487,071. Although the claims at issue are not identical, they are not patentably distinct from each other because each of the claimed limitations is disclosed by the corresponding claims of the ‘071 patent.
Allowable Subject Matter
Claims 21-34 would be allowable if rewritten or amended to overcome the double patenting rejection(s) set forth in this Office action. Claim 38-40 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. Prior art of record fails to further teach or reasonably suggest a modification to include the positioning tab of the one of the plurality of organizer trays is inserted in yet another one of the plurality of positioning slots of the neighboring organizer tray, i.e., at least three positioning slots on the tray, when considered in view of the rest of the limitations of the claim.
Claims 37 is 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. Prior art of record fails to further teach or reasonably suggest a modification to include a plurality of removable retainer tabs, each connectable to the primary basket adjacent the upper peripheral lip, when considered in view of the rest of the limitations of the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JPH09304631A discloses using locking claw pieces between adjacent trays.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLIE PENG whose telephone number is (571)272-2177. The examiner can normally be reached 9AM - 6PM.
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/CHARLIE Y PENG/Primary Examiner, Art Unit 2883
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