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 .
Remarks
This communication is in response to the reply filed on 10/06/2025.
The reply cancelled claim 29 making the 35 USC 112 rejection moot and it is withdrawn.
Claim 22 was amended with claim 32 and new claim 46 is added and includes the subject matter of claim 22 and claim 39, now cancelled.
Claims 27-29, 32 and 39 are cancelled.
Claims 22-26, 30-31, 34-38 and 40-46 remain with claims 22 and 46 being independent.
The reply failed to address the double patenting rejection presented on page 3 of the Office Action.
It is noted that in an attempt to provide compact prosecution per applicant’s request, remarks page 9, the Office attempted to contact applicant’s representative via telephone message on Thursday, December 11. An email was sent concurrently with the phone message. No response was received.
As a result the double patenting rejection is maintained.
This application is a continuation of U.S. application No. 17/385,174 filed on 07/26/2021 now U.S. Patent 12,092,213. See MPEP 201.07. In accordance with MPEP 609.02 A.2 and MPEP 2001.06 (b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP 2001.06 (b) (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Patent Application need not be resubmitted in this application unless Applicants desire the information to be printed on a patent issuing from this application. See MPEP 609.02 A. 2. Finally, Applicants are reminded that the prosecution history of the Patent Application is relevant in this application.
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 obvious1 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 22-26, 30-31, 34-38 and 40-46 are rejected on the ground of nonstatutory double patenting as being unpatentable over at least claims 1 and 6 of U.S. Patent No. 12,092,213. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim requirements of claims 22 and 46 of the instant application are disclosed or made obvious in view of claims 1 and 6 of U.S. Patent No. 12,092,213.
Instant application
US 12,092,213
22. (New) A power system comprising:
a driveshaft;
an engine configured to output a rotational force and drivingly coupled to the driveshaft to drive the driveshaft;
a pulley system comprising a first pulley, a second pulley, and one or more belts; and
a generator configured to generate electric power by receiving the rotational force, wherein:
the driveshaft is drivingly coupled to the first pulley to drive the first pulley;
the first pulley is drivingly coupled to the second pulley via the one or more belts to drive the second pulley;
the generator is drivingly coupled to the second pulley at a first generator side of the generator (side of 20 facing 21) to drive the generator; and
the generator extends from the first generator side and toward the engine to a second generator side of the generator opposite the first generator side.
1. A power system comprising:
a driveshaft;
at least one coupler coupled to the driveshaft, wherein:
the at least one coupler is configured to dampen vibration transferred by the driveshaft, the at least one coupler comprises at least one metal insert and a dampening component shaped to receive the at least one metal insert, and the at least one metal insert is an attachment point between the coupler and the driveshaft;
an engine configured to output, to the driveshaft, a rotational force;
a pulley system having a first pulley and a second pulley that are drivingly coupled to one another via one or more belts,
a generator configured to generate electric power,
wherein the driveshaft is coupled to the first pulley via the at least one coupler and configured to drive the first pulley, and
wherein the first pulley is configured to drive the second pulley via the one or more belts; and
wherein the generator is coupled to the second pulley and configured to receive the rotational force.
(Inherent as the generator has opposing sides)
46. (New) A power system comprising:
a driveshaft;
an engine configured to output a rotational force and drivingly coupled to the driveshaft to drive the driveshaft;
a pulley system comprising a first pulley, a second pulley, and one or more belts; and
a generator configured to generate electric power by receiving the rotational force,
wherein the generator is mounted to a first base structure and the engine is mounted to a second base structure that is arranged to dampen vibration transfer to the first base structure wherein:
the driveshaft is drivingly coupled to the first pulley to drive the first pulley;
the first pulley is drivingly coupled to the second pulley via the one or more belts to drive the second pulley;
the generator is drivingly coupled to the second pulley at a first generator side of the generator to drive the generator; and
the generator extends from the first generator side and toward the engine to a second generator side of the generator opposite the first generator side.
1. A power system comprising:
a driveshaft;
at least one coupler coupled to the driveshaft, wherein:
the at least one coupler is configured to dampen vibration transferred by the driveshaft, the at least one coupler comprises at least one metal insert and a dampening component shaped to receive the at least one metal insert, and the at least one metal insert is an attachment point between the coupler and the driveshaft;
an engine configured to output, to the driveshaft, a rotational force;
a pulley system having a first pulley and a second pulley that are drivingly coupled to one another via one or more belts,
a generator configured to generate electric power,
6. The power system of claim 1, wherein the generator is mounted to a first base structure and the engine is mounted to a second base structure that is arranged to dampen vibration transfer to the first base structure.
wherein the driveshaft is coupled to the first pulley via the at least one coupler and configured to drive the first pulley, and
wherein the first pulley is configured to drive the second pulley via the one or more belts; and
wherein the generator is coupled to the second pulley and configured to receive the rotational force.
(Inherent as the generator has opposing sides)
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,092,213. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 22 has been amended to recite an enclosure, wherein the driveshaft, the engine, and the generator are arranged within the enclosure. This is not claimed in US 12,092,213. However, applicant admits the use of enclosures is known in the art, specification at [0003], and is also found in US 12,092,213 from which the instant application is a CIP and incorporates by reference.
It would be obvious to one of ordinary skill in the art to modify the instant application to include an enclosure, wherein the driveshaft, the engine, and the generator are arranged within the enclosure for the purpose of providing environmental protection for the equipment and provides a safety, sound, and aesthetic barrier for the operators. An invention created through combining prior art elements according to known methods (placing equipment withing an enclosure) to yield predictable results (noise reduction, improved protection) is obvious.
Claims 23-26, 30-31, 34-38 and 40-45 are rejected via dependency.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached on (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. T. Newton/
Primary Examiner
Art Unit 3673
/J. Todd Newton/Primary Examiner, Art Unit 3745 12/16/2025
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