DETAILED ACTION
Claim Objections
Claims 2, 3, 7, 23, 24 and 26 are objected to because of the following informalities:
In claim 2 (line 4) “an anchor lock” should recite –the anchor lock--.
In claim 3 (line 1) “of claim 1” should recite –of claim 2--.
In claim 7 (lines 3-4) “a base aperture defined by one of an anchor base and the one of the accessory and the item” should recite –the base aperture defined by the anchor base--.
In claim 23 (line 1) “of claim 20” should recite –of claim 21--.
In claim 24 (line 1) “of claim 21” should recite –of claim 23--.
In claim 26 (line 1) “of claim 21” should recite –of claim 23--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 4, 6, 7, 9, 10, 20, 21, 23, 24, 26, 27, 29 and 32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 (line 6) recites the limitation "the lever". There is insufficient antecedent basis for this limitation in the claim. Claims 4, 6, 7, 9 and 10 depend from claim 3 and are likewise rejected as being indefinite.
Claim 20 (lines 4-5) recites “the anchor lock being configured to be inserted through an anchor aperture of an anchor fixture”; thus initially reciting the anchor aperture of the anchor fixture as only intended use functional limitations.
However, claim 20 (lines 14-15), recite “the at least one protrusion of the anchor lock being received in a recessed portion of the anchor aperture”; thus subsequently defining the claimed invention relative to the anchor aperture of the anchor fixture. Accordingly, it is unclear as to whether the anchor aperture and the anchor fixture have been positively claimed as elements of the claimed invention, or whether such elements have only been recited as intended use functional limitations. Claims 21, 23, 24, 26, 27, 29 and 32 depend from claim 20 and are likewise rejected as being indefinite.
Examiner notes that claim 20 (lines 4-5) must recite --the anchor lock being inserted through an anchor aperture of an anchor fixture-- in order to avoid rejection under 35 USC 112.
Claim 23 (line 6) recites the limitation "the lever". There is insufficient antecedent basis for this limitation in the claim.
Claim 24 (line 7) recites the limitation "the base aperture". There is insufficient antecedent basis for this limitation in the claim.
Claim 29 (line 2) recites the limitation "the base aperture". There is insufficient antecedent basis for this limitation in the claim.
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 1-4, 6, 12, 13, 15, 19-21, 23, 24, 26 and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bombardier Recreational Products (CA 2 801 872).
As to claim 1, Bombardier Recreational Products discloses a system for connecting an accessory to an item, the system comprising:
an anchor fixture comprising:
a fixture body 548 configured to be connected to one of the accessory and the item, the fixture body defining an anchor aperture therein,
the anchor aperture having at least one recessed portion along an edge thereof (diametrically opposing recessed portions are defined by the chamfered edge portions of the anchor aperture; Figure 12);
an anchor 400 configured to be connected to an other one of the accessory and the item, the anchor including:
an anchor lock 442 being configured to be inserted through the anchor aperture of the anchor fixture,
the anchor lock having at least one protrusion 444 extending therefrom, the anchor lock being movable relative to the anchor fixture between an unlocked position and a locked position,
in the unlocked position, the anchor lock being free to pass through the anchor aperture, and in the locked position:
the anchor lock being prevented by the anchor fixture from passing through the anchor aperture, and
the at least one protrusion of the anchor lock being received in the at least one recessed portion of the anchor aperture; and
the anchor being selectively secured to the anchor fixture by inserting the anchor lock through the anchor aperture and moving the anchor lock relative to the anchor fixture to place the anchor lock in the locked position,
the anchor lock impeding movement within the anchor fixture of the anchor (Figures 4A-13).
As to claim 2, Bombardier Recreational Products discloses a system wherein:
the anchor 400 comprises:
an anchor stem 404, and
the anchor lock 442 connected to a first end of the anchor stem; and
a lever 414 connected to a second end of the anchor stem, the lever being rotatable to cause the anchor lock to rotate between the unlocked position and the locked position (Figures 4A-13).
As to claim 3, Bombardier Recreational Products discloses a system comprising:
an anchor base 432 configured to be connected to the other one of the accessory and the item;
the anchor base defines a base aperture therein;
the anchor 400 is rotationally connected to the anchor base, a portion of the anchor extending through the base aperture; and
the anchor base is disposed between the lever 414 and the anchor lock 442 (Figures 4A-13).
As to claim 4, Bombardier Recreational Products a discloses system wherein:
the lever includes:
a handle portion 414 having a passage defined therethrough, and
a lever insert 406 selectively disposed at least partially in the passage;
the second end of the anchor stem 404 is shaped to engage with an end portion of the lever insert; and
the anchor 404 being connected through the base aperture by:
inserting the anchor stem through the base aperture and into one side of the passage of the handle portion, and inserting the lever insert into an other side of the passage (Figures 4A-13).
As to claim 6, Bombardier Recreational Products discloses a system wherein:
the anchor 404 comprises an indicator washer A disposed between the lever 414 and the anchor lock 442 (Figure 6 reprinted with annotations below); and
the indicator washer includes:
a washer body, and
a washer stop B extending from the washer body, the washer stop extending parallel to the anchor stem 404 (Figures 4A-13).
[AltContent: textbox (B)][AltContent: arrow][AltContent: textbox (A)][AltContent: arrow]
PNG
media_image1.png
276
293
media_image1.png
Greyscale
As to claim 12, Bombardier Recreational Products discloses a system wherein the at least one recessed portion of the anchor fixture 548 is at least one arc-shaped recess formed by the anchor fixture (diametrically opposing recessed portions are defined by the chamfered edge portions of the anchor aperture; Figure 12).
As to claim 13, Bombardier Recreational Products discloses a system wherein:
the at least one recessed portion of the anchor fixture 548 includes two oppositely disposed recessed portions (diametrically opposing recessed portions are defined by the chamfered edge portions of the anchor aperture; Figure 12);
the at least one protrusion 444 of the anchor lock 442 includes two oppositely disposed protrusions formed by the anchor lock;
each protrusion is received in a corresponding one of the recessed portions when the anchor lock is in the locked position;
the anchor lock comprises two cams 442 extending from opposite sides of the anchor stem 404; and
each of the two protrusions is formed from a protruding surface extending from the anchor stem to a corresponding one of the two cams (Figures 4A-13).
As to claim 15, Bombardier Recreational Products discloses a system wherein:
the anchor aperture is a hexagonal aperture;
the hexagonal aperture is defined by two end side portions 548 and four longitudinal side portions 548;
each of the two end side portions are shorter than each of the four longitudinal side portions;
a line extending between the two end side portions defining a major axis of the anchor aperture;
a line extending through a first junction of a first pair of the longitudinal side portions to a second junction of a second pair of the longitudinal side portions defining a minor axis of the anchor aperture; and
the major axis is larger than the minor axis (Figures 4A-13).
As to claim 19, Bombardier Recreational Products discloses a system wherein:
the anchor lock 442 impedes lateral movement of the anchor 400 within the anchor fixture 548; and
the anchor lock impedes movement of the anchor:
parallel to the anchor aperture; and
orthogonal to the anchor aperture (Figures 4A-13).
As to claim 20 as best understood, Bombardier Recreational Products discloses an anchor 400 for a system for connecting an accessory to an item, the anchor being configured to be connected to one of the accessory and the item, the anchor comprising:
an anchor stem 404;
an anchor lock 442 connected to a first end of the anchor stem, the anchor lock being inserted through an anchor aperture of an anchor fixture 548,
the anchor lock having at least one protrusion 444 extending therefrom, the anchor lock being movable relative to the anchor fixture between an unlocked position and a locked position,
in the unlocked position, the anchor lock being free to pass through the anchor aperture, and
in the locked position:
the anchor lock being prevented by the anchor fixture from passing through the anchor aperture, and
the at least one protrusion of the anchor lock being received in a recessed portion of the anchor aperture (diametrically opposing recessed portions are defined by the chamfered edge portions of the anchor aperture; Figure 12); and
the anchor being selectively secured to the anchor fixture by inserting the anchor lock through the anchor aperture and moving the anchor lock,
the anchor lock impeding movement within the anchor fixture of the anchor (Figures 4A-13).
As to claim 21, Bombardier Recreational Products discloses an anchor comprising a lever 414 connected to a second end of the anchor stem 404, the lever being rotatable to cause the anchor lock 442 to rotate between the unlocked position and the locked position (Figures 4A-13).
As to claim 23, Bombardier Recreational Products discloses an anchor comprising:
an anchor base 432 configured to be connected to the other one of the accessory and the item;
the anchor base defines a base aperture therein;
the anchor 404 is rotationally connected to the anchor base, a portion of the anchor extending through the base aperture; and
the anchor base is disposed between the lever 414 and the anchor lock 442 (Figures 4A-13).
As to claim 24, Bombardier Recreational Products discloses an anchor wherein:
the lever includes:
a handle portion 414 having a passage defined therethrough, and
a lever insert 406 selectively disposed at least partially in the passage;
the second end of the anchor stem 404 is shaped to engage with an end portion of the lever insert; and
the anchor being connected through the base aperture by:
inserting the anchor stem through the base aperture and into one side of the passage of the handle portion, and
inserting the lever insert into an other side of the passage (Figures 4A-13).
As to claim 26, Bombardier Recreational Products discloses an anchor wherein:
the anchor comprises an indicator washer A disposed between the lever 414 and the anchor lock 442; and
the indicator washer includes:
a washer body, and
a washer stop B extending from the washer body, the washer stop extending parallel to the anchor stem 404 (Figures 4A-13).
As to claim 32, Bombardier Recreational Products discloses an anchor wherein:
the at least one protrusion 444 of the anchor lock 442 includes two oppositely disposed protrusions formed by the anchor lock;
each protrusion is received in a corresponding one of a plurality of recessed portions of the anchor aperture when the anchor lock is in the locked position (diametrically opposing recessed portions are defined by the chamfered edge portions of the anchor aperture; Figure 12);
the anchor lock comprise two cams 442 extending from opposite sides of the anchor stem 404; and
each of the two protrusions is formed from a protruding surface extending from the anchor stem to a corresponding one of the two cams (Figures 4A-13).
Allowable Subject Matter
Claims 7, 9, 10, 27 and 29 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As to claims 7 and 27, Bombardier Recreational Products discloses the claimed system with the exception of wherein when the anchor lock is inserted into the anchor aperture: the washer stop is received in the anchor aperture, rotational movement of the indicator washer being impeded by the anchor fixture, the washer stop abutting edges of the anchor aperture when the anchor is rotated, and the lever and the anchor lock are rotatable relative to the indicator washer, the base aperture, and the anchor fixture.
As to claim 29, Bombardier Recreational Products discloses the claimed anchor with the exception of wherein the lock washer has defined therein: a channel, and a central aperture; the anchor stem extends through the central aperture; the washer stop extends through the channel, the channel being sized and shaped to permit movement of the washer stop relative to the lock washer; and when the anchor lock is inserted into the anchor aperture, the lock washer rotates relative to the indicator washer.
There is no teaching or suggestion, absent the applicant’s own disclosure, for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Bombardier Recreational Products to have the above mentioned elemental features. Furthermore, such modifications would not be obvious.
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.
Claims 1-4, 6, 7, 9, 10, 12, 13, 15, 19-21, 23, 24, 26, 27, 29 and 32 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6, 7, 9, 10 and 12-19 of copending Application No. 18/904,183 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the “anchor fixture” comprising the “fixture body”, “anchor aperture” and “at least one recessed portion”; and the “anchor” comprising the “anchor lock” and “at least one protrusion” of instant claims 1 and 20 are encompassed by the “anchor fixture” comprising the “fixture body”, “anchor aperture” and “at least one recessed portion”; and the “anchor” comprising the “anchor lock” and “at least one protrusion” of copending application claim 1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
06/27/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
Prosecution Insights