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 .
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 1-14 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3, 6-13 of copending Application No. 18/841,452 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because are directed to substantially the same draw-in and out apparatus and recite largely the same support-unit architecture, with only minor differences such as the addition of motor-driven key, which would have been obvious variations of the copending application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claims 13, 9, 11, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ericson (US. Pat. 4,020,301).
Regarding claim 1, Ericson teaches a draw in and out apparatus, the apparatus comprising:a first support unit 60 detachably connected to an external distribution board (the mounting pan affixed to the compartment sidewalls of the distribution board); a second support unit 64 movably coupled to the first support unit along a first axis (the intermediate rails 64 movably coupled to the mounting pans 60 along vertical guidance “first axis”); a third support unit 70 movably coupled to the second support unit along a second axis (the rail 70 movably coupled to the intermediate rail 64 along racking direction “second axis”); a power unit (carriage 24 with the circuit breaker) movably coupled to the third support unit along a third axis (the carriage 24 movable along the rails 70) ,wherein the third support unit comprises: a bar member 42 extending along the third axis (the lead screw 42 acts as the bar member extending along the racking axis “third axis”); and an adjustment member (48, 56) movably coupled to the bar member and detachably coupled to the power unit (the nut 48 and the crank arms 56 act as adjustment member movably coupled to the bar and detachably engaging the carriage/power unit, see Figs. 3-7, 13-14).
Regarding claim 14, Ericson teaches a draw in and out apparatus, the apparatus comprising:a first support unit 60 detachably coupled to an external distribution board and formed to extend in the up-down direction (the mounting pan affixed to the compartment sidewalls of the distribution board); a second support unit 64 movably coupled to the first support unit in the up-down direction and formed to extend in the left-right direction (the intermediate rails 64 movably coupled to the mounting pans 60 along vertical/horizontal guidance “first axis”, see Figs. 13-14); ; a third support unit 70 movably coupled to the second support unit in the left-right direction and formed to extend in the front-rear direction (the rail 70 movably coupled to the intermediate rail 64 along racking direction “second axis”); and a power unit (the carriage 24 with the breaker) movably coupled to the third support unit in the front-rear direction, and configured to be movable in either a direction toward the distribution board or a direction opposite to the distribution board (the carriage 24 racks back and forward), wherein the power unit comprises a key 27 (the disconnect contacts function as key-like insertion) formed to extend toward the rear side and to be withdrawably inserted into a circuit breaker coupled to the distribution board, an insertion space 27 is formed recessed in the front side of the circuit breaker 20 (Figs. 24-26 and col. 4, lines 20-30) , and when the power unit is moved to the rear side, the key is inserted into the insertion space (Figs. 24-26).
Regarding claim 3, Ericson teaches the apparatus wherein the first support unit 60 comprises: a column member(vertical members where the roller 62 is mounted) extending in a direction along the first axis; and a plate member 60 coupled to an end in the extension direction of the column member and extending in a direction along the second axis, and wherein the second support unit 64 is movably coupled to the column member (Figs. 4-7 and 13-14).
Regarding claim 9, Ericson teaches the apparatus wherein the second support unit 64 comprises: a beam member 64 extending in a direction along the second axis; and a partition wall member 76a coupled to an end in the extension direction of the beam member and movably coupled to the first support unit 60 in a direction along the first axis (Figs. 13-14 and col. 6, lines 35-45).
Regarding claim 11, Ericson teaches the apparatus wherein the third support unit comprises: a bar member 70 extending in a direction along the third axis, to which the power unit is movably coupled in a direction along the third axis; and a support member 74 coupled to an end in the extension direction of the bar member (Figs. 4-5, 13 and col. 5, lines 45-60).
Allowable Subject Matter
Claims 4-8, 12 and 13 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.
Regarding claim 4, the prior art fails to teach or show, alone or in combination, the claimed apparatus wherein a plurality of said column members are provided, and the plurality of column members are disposed to be spaced apart from each other in a direction along the second axis, wherein a plurality of said plate members are provided, and the plurality of plate members are disposed to be spaced apart from each other in a direction along the first axis, and wherein the first support unit comprises: an accommodation opening surrounded by the plurality of the column members and the plurality of plate members, and formed openly so that a circuit breaker coupled to the distribution board is exposed to the outside.
Regarding claim 5, the prior art fails to teach or show, alone or in combination, the claimed apparatus wherein the column member comprises: a first column member positioned so as to be biased to one side in a direction along the second axis; and a second column member spaced apart from the first column member and positioned to be biased to the other side in a direction along the second axis, wherein the plate member comprises: a first plate member positioned so as to be biased to one side in a direction along the first axis; and a second plate member spaced apart from the first plate member and positioned to be biased to the other side in a direction along the first axis, and wherein the first plate member and the second plate member are formed to extend in a direction along the second axis corresponding to a distance at which the first column member and the second column member are spaced apart.
Regarding claim 7, the prior art fails to teach or show, alone or in combination, the claimed apparatus wherein the first support unit comprises: a magnet member coupled to the plate member and configured to be coupled to or detached from the distribution board by a magnetic force formed by magnetization; and a handle member coupled to the magnet member and configured to adjust the intensity of a magnetic force formed by the magnet member.
Regarding claim 10, the prior art fails to teach or show, alone or in combination, the claimed apparatus wherein the beam member comprises: a first beam member positioned so as to be biased to one side in a direction along the first axis; and a second beam member spaced apart from the first beam member and positioned to be biased to the other side in a direction along the first axis, and wherein the partition wall member comprises: a first partition wall member positioned so as to be biased to one side in a direction along the second axis; and a second partition wall member spaced apart from the first partition wall member and positioned to be biased to the other side in a direction along the second axis, and wherein the first partition wall member and the second partition wall member are formed to extend in a direction along the first axis corresponding to a distance at which the first beam member and the second beam member are spaced apart.
Regarding claim 12, the prior art fails to teach or show, alone or in combination, the claimed apparatus wherein the bar member comprises: a first bar member positioned so as to be biased to one side in a direction along the second axis; and a second bar member spaced apart from the first bar member and positioned to be biased to the other side in a direction along the second axis, wherein the support member comprises: a first support member positioned so as to be biased to one side in a direction along the third axis; and a second support member spaced apart from the first support member and positioned to be biased to the other side in a direction along the third axis, and wherein the first support member and the second support member are formed to extend in a direction along the second axis corresponding to a distance at which the first bar member and the second bar member are spaced apart.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED M SAEED whose telephone number is (571)270-7976. The examiner can normally be reached 10-8pm.
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/AHMED M SAEED/Primary Examiner, Art Unit 2831
Prosecution Insights