This is a Non-Final office action for serial number 18/809,568.
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 .
Information Disclosure Statement
The information disclosure statement filed August 20, 2024 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. The references lined through on the Information disclosure statement have not been considered because the examiner could not find the copies of the references within applications 16/701962 or 18/295479. If the applicant believes the references were provided within applications 16/701962 or 18/295479 the examiner requests the applicant provide the application number for each of the crossed out references.
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.
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Claims 1-7 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No.12252080 in view of Nakatani JP2013093108A.
Patent No. 12252080 discloses:
(Claim 1) An electronic control component bracket for assembling an electronic control component to a vehicle body side, the electronic control component bracket comprising: a bottom portion that is to be disposed on a lower surface side of the electronic control component, and on which a plurality of elastic pieces configured to press the lower surface upward are provided; and abutting stop portions configured to abut, from above, against the electronic control component that is pressed upward, wherein, the plurality of elastic pieces are all the same, all in plate width, plate thickness, plate length, and plate shape, and the electronic control component bracket is a product in which the bottom portion, the plurality of elastic pieces, and the abutting stop portions are a unitary structure, and the electronic control component is clamped between the plurality of elastic pieces and the abutting stop portions so that relative vibration in a vertical direction is not restricted with respect to the electronic control component bracket for the electronic control component in an assembled state, and pressing positions of the plurality of elastic pieces at which the elastic pieces press the lower surface of the electronic control component are arranged such that, when projected in a vertical direction relative to a plane orthogonal to the vertical direction, the plurality of elastic pieces do not have rotational symmetry and line symmetry on the plane of projection so that support for the electronic control component provided by the plurality of elastic pieces are made imbalanced.
(Claim 2) The electronic control component bracket according to claim 1, wherein: the plurality of elastic pieces are arranged so that when a vibration in the vertical direction contained in a traveling vibration of the vehicle in a frequency band from 20 to 200 Hz is applied in the assembled state in which the electronic control component is clamped between the plurality of elastic pieces and the abutting stop portions, a vertical acceleration peak of the electronic control component is configured so that it is below a prescribed value set between 40 and 50 m/s².
(Claim 3) The electronic control component bracket according to claim 1, wherein: a number of the plurality of elastic pieces is precisely three.
(Claim 4) The electronic control component bracket according to claim 1, wherein: the electronic control component is an Electric Control Unit that contains a circuit board inside a casing.
(Claim 5) The electronic control component bracket according to claim 1, wherein: the bottom portion is provided with a pair of side wall portions that stand upward so as to cover both lateral sides of the bottom portion, in addition to the plurality of elastic pieces, and each of the pair of side wall portions is an elastic wall portion whose upper end sides of both ends are elastically deformable independently outward in an opposing direction of the side wall potions, the abutting stop portions are formed so as to protrude inward in the opposing direction from the upper end sides of the side wall portions, and have, at tops thereof, inclined surfaces extending downward toward an inner side in the opposing direction, and when the electronic control component is assembled, the electronic control component presses the side wall portions apart, outward in the opposing direction of the side wall potions by pressing the inclined surfaces downward, and enters a space between the opposing side wall portions.
(Claim 6) The electronic control component bracket according to claim 1, wherein: the plurality of elastic pieces are each formed in a substantially straight rod shape, and each distal end side thereof extends obliquely upward in a cantilevered manner at an approximately equal angle with the bottom potion as a proximal end side.
Patent No. 12252080 discloses all of the limitations of the claimed invention except for (within Claim 1) the electronic control component bracket is a non-conductive resin molded product in which the bottom portion, the plurality of elastic pieces, and the abutting stop portions are integrally molded as a unitary structure and (Claim 7) The bottom portion is made of a single member that is approximately flat, except for parts where the plurality of elastic pieces are provided.
Nakatani teaches that it is known to have (Claim 1) the electronic control component bracket is a non-conductive resin molded product in which the bottom portion, the plurality of elastic pieces, and the abutting stop portions are integrally molded as a unitary structure (see specification) and (Claim 7) The bottom portion is made of a single member that is approximately flat, except for parts where the plurality of pieces are provided.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Patent No. 12252080 to have made the electronic control component bracket is a non-conductive resin molded product in which the bottom portion, the plurality of elastic pieces, and the abutting stop portions are integrally molded as a unitary structure and the bottom portion is made of a single member that is approximately flat, except for parts where the plurality of elastic pieces are provided as taught by Nakatani for the purpose of providing a material useful when supporting electronics preventing accidental shock by the user or electronic overload by the supported electronic since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional electronic brackets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631