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 .
This is a response to the Applicants' file on 9/26/24. In virtue of this filing, claims 1-24 are currently presented in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/26/24 and 10/31/24 are in compliance with the provisions of 37 CFR 1.97 &1.98. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Instant application:18/897,996.
Claim 1, a remote control device configured to be mounted over an installed light switch, the light switch having a switch actuator that extends through a faceplate of the light switch, the switch
actuator operable between a first position and a second position to control whether power is
delivered to an electrical load, the remote control device comprising: a control unit that comprises a rotating portion, a wireless communication circuit, and a control circuit, the control circuit configured to cause the wireless communication circuit to transmit a control signal in response to an actuation of the rotating portion; and
a mounting assembly to which the control unit is attachable, the mounting assembly comprising:
a base that is configured to be mounted over the switch actuator, the base defining first and second openings that extend therethrough, the first opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with
the switch actuator in the first position, and the second opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with
the switch actuator in the second position; and
an engagement mechanism that is configured to secure the base in a mounted position
relative to the switch actuator when the switch actuator is in either the first position or the
second position.
Claim 2, wherein the engagement mechanism is configured to contact a first side of the switch actuator when the switch actuator is in the first position such that a second side of the switch actuator contacts the base, and wherein the engagement mechanism is configured to contact the second side of the switch actuator when the switch actuator is in the second position such that the first side of the switch actuator contacts the base.
Claim 3, wherein the base has an elongated slot that extends therethrough, the slot defining opposed first and second ends, and wherein the engagement mechanism comprises a bar that extends across the slot, thereby defining the first and second openings.
Claim 4, wherein the bar is supported by the base such that the bar is translatable toward the first end of the slot and translatable toward the second end of the slot.
Claim 5, wherein the bar defines a first edge that faces the first end of the slot, the first edge configured to, when the base is mounted over the switch actuator with the switch actuator in the first position, bite into the switch actuator as the bar is translated toward the first end, thereby securing the mounting assembly in position relative to the switch actuator, and wherein the bar defines a second edge that faces the second end of the slot, the second edge configured to, when the base is mounted over the switch actuator with the switch actuator in the second position, bite into the switch actuator as the bar is translated toward the second end, thereby securing the mounting assembly in position relative to the switch actuator.
Claim 6, wherein the mounting assembly further comprises a screw that operably connects the bar to the base, wherein driving the screw in a first direction causes the bar to travel toward the first end of the slot and diving the screw in an opposed second direction causes the bar to travel toward the second end of the slot.
Claim 7, wherein the base is configured to support the screw such that an axis of rotation of the screw is angularly offset relative to a plane defined by an outer surface of the faceplate of the light switch.
Claim 8, wherein the base is configured to support the screw such that an axis of rotation of the screw is parallel relative to a plane defined by an outer surface of the faceplate of the light switch.
Claim 9, wherein the bar is configured to pivot about an axis of rotation of the screw.
Claim 10, wherein a second end of the bar defines a threaded sleeve that is configured to receive the screw, and wherein the base defines a flange that is configured to retain a first end of the bar.
Claim 11, wherein the bar is configured to slide along respective rails on opposed sides of the slot.
Claim 12, wherein the control signal causes an adjustment of an amount of power delivered to the electrical load.
Claim 13, wherein the mounting assembly is configured to releasably retain the control unit when the control unit is attached thereto.
Claim 14, a mounting assembly that is configured to be amount over an installed light switch, the light switch having a switch actuator that extends through a faceplate of the light switch, the switch
actuator operable to control whether power is delivered to an electrical load, the mounting assembly further configured such that a control unit that controls an amount of power delivered to an electrical load is attachable to the mounting assembly, the mounting assembly comprising:
a base that is configured to be mounted over a switch actuator of the light switch, the base
defining first and second openings that extend therethrough, the first opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with the switch actuator in a first position, and the second opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with the switch actuator in a second position; and
an engagement mechanism that is configured to secure the base in a mounted position relative to the switch actuator when the switch actuator is in either the first position or the second position.
Claim 15, wherein the engagement mechanism is configured to contact a first side of the switch actuator when the switch actuator is in the first position such that a second side of the switch actuator contacts the base, and wherein the engagement mechanism is configured to contact the second side of the switch actuator when the switch actuator is in the second position such that the first side of the switch actuator contacts the base.
Claim 16, wherein the base has an elongated slot that extends therethrough, the slot defining opposed first and second ends, and wherein the engagement mechanism comprises a bar that extends across the slot, thereby defining the first and second openings.
Claim 17, wherein the bar is supported by the base such that the bar is translatable toward the first end of the slot and translatable toward the second end of the slot.
Claim 18, wherein the bar defines a first edge that faces the first end of the slot, the first edge configured to, when the base is mounted over the switch actuator with the switch actuator in the first position, bite into the switch actuator as the bar is translated toward the first end, thereby securing the mounting assembly in position relative to the switch actuator, and wherein the bar defines a second edge that faces the second end of the slot, the second edge configured to, when the base is mounted over the switch actuator with the switch actuator in the
second position, bite into the switch actuator as the bar is translated toward the second end, thereby securing the mounting assembly in position relative to the switch actuator.
Claim 19, wherein the mounting assembly further comprises a screw that operably connects the bar to the base, wherein driving the screw in a first direction causes the bar to travel toward the first end of the slot and diving the screw in an opposed second direction causes the bar to travel toward the second end of the slot.
Claim 20, wherein the base is configured to support the screw such that an axis of rotation of the screw is angularly offset relative to a plane defined by an outer surface of the faceplate of the light switch.
Claim 21, wherein the base is configured to support the screw such that an axis of rotation of the screw is parallel relative to a plane defined by an outer surface of the faceplate of the light switch.
Claim 22, wherein the bar is configured to pivot about an axis of rotation of the screw.
Claim 23, wherein a second end of the bar defines a threaded sleeve that is configured to receive the screw, and wherein the base defines a flange that is configured to retain a first end of the bar.
Claim 23, wherein the bar is configured to slide along respective.
Patent No: 12,131,6228.
1. A remote control device configured to be mounted over an installed light switch, the light switch having a switch actuator that extends through a faceplate of the light switch, the switch actuator operable between a first position and a second position to control whether power is delivered to an electrical load, the remote control device comprising: a control unit that comprises a rotating portion, a wireless communication circuit, and a control circuit, the control circuit configured to cause the wireless communication circuit to transmit a control signal in response to an actuation of the rotating portion; and a mounting assembly to which the control unit is attachable, the mounting assembly configured to releasably retain the control unit when the control unit is attached thereto, the mounting assembly comprising: a base that is configured to be mounted over the switch actuator, the base defining first and second openings that extend therethrough, the first opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with the switch actuator in the first position, and the second opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with the switch actuator in the second position; and an engagement mechanism that is configured to secure the base in a mounted position relative to the switch actuator when the switch actuator is in the first position and at least partially received in the first opening, the engagement mechanism further configured to secure the base in the mounted position relative to the switch actuator when the switch actuator is in the second position and at least partially received in the second opening.
2. The remote control device of claim 1, wherein the engagement mechanism is configured to contact a first side of the switch actuator when the switch actuator is in the first position such that a second side of the switch actuator contacts the base, and wherein the engagement mechanism is configured to contact the second side of the switch actuator when the switch actuator is in the second position such that the first side of the switch actuator contacts the base.
3. The remote control device of claim 1, wherein the base has an elongated slot that extends therethrough, the slot defining opposed first and second ends, and wherein the engagement mechanism comprises a bar that extends across the slot, thereby defining the first and second openings.
4. The remote control device of claim 3, wherein the bar is supported by the base such that the bar is translatable toward the first end of the slot and translatable toward the second end of the slot.
5. The remote control device of claim 4, wherein the bar defines a first edge that faces the first end of the slot, the first edge configured to, when the base is mounted over the switch actuator with the switch actuator in the first position, bite into the switch actuator as the bar is translated toward the first end, thereby securing the mounting assembly in position relative to the switch actuator, and wherein the bar defines a second edge that faces the second end of the slot, the second edge configured to, when the base is mounted over the switch actuator with the switch actuator in the second position, bite into the switch actuator as the bar is translated toward the second end, thereby securing the mounting assembly in position relative to the switch actuator.
6. The remote control device of claim 5, wherein the mounting assembly further comprises a screw that operably connects the bar to the base, wherein driving the screw in a first direction causes the bar to travel toward the first end of the slot and diving the screw in an opposed second direction causes the bar to travel toward the second end of the slot.
7. The remote control device of claim 6, wherein the base is configured to support the screw such that an axis of rotation of the screw is angularly offset relative to a plane defined by an outer surface of the faceplate of the light switch.
8. The remote control device of claim 6, wherein the base is configured to support the screw such that an axis of rotation of the screw is parallel relative to a plane defined by an outer surface of the faceplate of the light switch.
9. The remote control device of claim 6, wherein the bar is configured to pivot about an axis of rotation of the screw.
10. The remote control device of claim 6, wherein a second end of the bar defines a threaded sleeve that is configured to receive the screw, and wherein the base defines a flange that is configured to retain a first end of the bar.
11. The remote control device of claim 6, wherein the bar is configured to slide along respective rails on opposed sides of the slot.
12. The remote control device of claim 1, wherein the control signal causes an adjustment of an amount of power delivered to the electrical load.
13. A mounting assembly that is configured to be mounted over an installed light switch, the light switch having a switch actuator that extends through a faceplate of the light switch, the switch actuator operable to control whether power is delivered to an electrical load, the mounting assembly further configured such that a control unit that controls an amount of power delivered to an electrical load is attachable to the mounting assembly, the mounting assembly comprising: a base that is configured to be mounted over a switch actuator of the light switch, the base defining first and second openings that extend therethrough, the first opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with the switch actuator in a first position, and the second opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with the switch actuator in a second position; and an engagement mechanism that is configured to secure the base in a mounted position relative to the switch actuator when the switch actuator is in the first position and at least partially received in the first opening, the engagement mechanism further configured to secure the base in the mounted position relative to the switch actuator when the switch actuator is in the second position and at least partially received in the second opening.
14. The mounting assembly of claim 13, wherein the engagement mechanism is configured to contact a first side of the switch actuator when the switch actuator is in the first position such that a second side of the switch actuator contacts the base, and wherein the engagement mechanism is configured to contact the second side of the switch actuator when the switch actuator is in the second position such that the first side of the switch actuator contacts the base.
15. The mounting assembly of claim 13, wherein the base has an elongated slot that extends therethrough, the slot defining opposed first and second ends, and wherein the engagement mechanism comprises a bar that extends across extends across slot, thereby defining the first and second openings.
16. The mounting assembly of claim 15, wherein the bar is supported by the base such that the bar is translatable toward the first end of the slot and translatable toward the second end of the slot.
17. The mounting assembly of claim 16, wherein the bar defines a first edge that faces the first end of the slot, the first edge configured to, when the base is mounted over the switch actuator with the switch actuator in the first position, bite into the switch actuator as the bar is translated toward the first end, thereby securing the mounting assembly in position relative to the switch actuator, and wherein the bar defines a second edge that faces the second end of the slot, the second edge configured to, when the base is mounted over the switch actuator with the switch actuator in the second position, bite into the switch actuator as the bar is translated toward the second end, thereby securing the mounting assembly in position relative to the switch actuator.
18. The mounting assembly of claim 17, wherein the mounting assembly further comprises a screw that operably connects the bar to the base, wherein driving the screw in a first direction causes the bar to travel toward the first end of the slot and diving the screw in an opposed second direction causes the bar to travel toward the second end of the slot.
19. The mounting assembly of claim 18, wherein the base is configured to support the screw such that an axis of rotation of the screw is angularly offset relative to a plane defined by an outer surface of the faceplate of the light switch.
20. The mounting assembly of claim 18, wherein the base is configured to support the screw such that an axis of rotation of the screw is parallel relative to a plane defined by an outer surface of the faceplate of the light switch.
21. The mounting assembly of claim 18, wherein the bar is configured to pivot about an axis of rotation of the screw.
22. The mounting assembly of claim 18, wherein a second end of the bar defines a threaded sleeve that is configured to receive the screw, and wherein the base defines a flange that is configured to retain a first end of the bar.
23. The mounting assembly of claim 18, wherein the bar is configured to slide along respective rails on opposed sides of the slot.
Claims 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No.12,131,628. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons below:
All limitations of claim 1 of instant application are similar all limitations of claim 1 of Patent application above. The limitations of claim 1 of the instant application are broader to compare with the limitation of claim 1 of the Patent application above.
Limitations of claim 2 of the instant application are similar limitations of claim 2 of Patent application above.
Limitations of claim 3 of the instant application are similar limitations of claim 3 of Patent application above.
Limitations of claim 4 of the instant application are similar limitations of claim 4 of Patent application above.
Limitations of claim 5 of the instant application are similar limitations of claim 5 of Patent application above.
Limitations of claim 6 of the instant application are similar limitations of claim 6 of Patent application above.
Limitations of claim 7 of the instant application are similar limitations of claim 7 of Patent application above.
Limitations of claim 8 of the instant application are similar limitations of claim 8 of Patent application above.
Limitations of claim 9 of the instant application are similar limitations of claim 9 of Patent application above.
Limitations of claim 10 of the instant application are similar limitations of claim 10 of Patent application above.
Limitations of claim 11 of the instant application are similar limitations of claim 11 of Patent application above.
Limitations of claim 12 of the instant application are similar limitations of claim 12 of Patent application above.
Limitations of claim 13 of the instant application are similar limitations of claim 1 of Patent application above.
All limitations of claim 14 of instant application are similar all limitations of claim 13 of Patent application above. The limitations of claim 14 of the instant application are broader to compare with the limitation of claim 13 of the Patent application above.
Limitations of claim 15 of the instant application are similar limitations of claim 14 of Patent application above.
Limitations of claim 16 of the instant application are similar limitations of claim 15 of Patent application above.
Limitations of claim 17 of the instant application are similar limitations of claim 16 of Patent application above.
Limitations of claim 18 of the instant application are similar limitations of claim 17 of Patent application above.
Limitations of claim 19 of the instant application are similar limitations of claim 18 of Patent application above.
Limitations of claim 20 of the instant application are similar limitations of claim 19 of Patent application above.
Limitations of claim 21 of the instant application are similar limitations of claim 20 of Patent application above.
Limitations of claim 22 of the instant application are similar limitations of claim 21 of Patent application above.
Limitations of claim 23 of the instant application are similar limitations of claim 22 of Patent application above.
Limitations of claim 24 of the instant application are similar limitations of claim 23 of Patent application above.
Claims 1 and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11 of U.S. Patent No. 11,102,875. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons below:
Claim 1, claim 1 of Patent No: 11, 102, 875 disclose similar a remote control device configured to be mounted over an installed light switch, the light switch having a switch actuator that extends through a faceplate of the light switch, the switch actuator operable between a first position and a second position to control whether power is delivered to an electrical load, the remote control device comprising: a control unit that comprises a rotating portion, a wireless communication circuit, and a control circuit, the control circuit configured to cause the wireless communication circuit to transmit a control signal in response to an actuation of the rotating portion; and a mounting assembly to which the control unit is attachable, the mounting assembly comprising: a base that is configured to be mounted over the switch actuator, the base defining first and second openings that extend therethrough, the first opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with the switch actuator in the first position, and the second opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with the switch actuator in the second position.
Claim 1 of Patent No: 11, 102, 875 does not explicitly disclose an engagement mechanism that is configured to secure the base in a mounted position relative to the switch actuator when the switch actuator is in either the first position or the second position.
However, claim 1 of Patent No: 11, 102, 875 disclose the base portion defining a rear surface comprising a toggle actuator opening that is configured to receive a portion of the toggle actuator when the remote control device is mounted over the installed light switch.
Therefore, the limitations are not of patentable merits since it is directed to a manner of operating the switch actuator which does not differentiate apparatus claim from claim 1 of Patent No: 11, 102, 875. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from claim 1 of Patent No: 11, 102, 875 apparatus if the prior art apparatus teaches all the structural limitations of the claim.
Claim 14, Instant application: 18/897,996 similar disclose a mounting assembly that is configured to be amount over an installed light switch, the light switch having a switch actuator that extends through a faceplate of the light switch, the switch actuator operable to control whether power is delivered to an electrical load, the mounting assembly further configured such that a control unit that controls an amount of power delivered to an electrical load is attachable to the mounting assembly, the mounting assembly comprising: a base that is configured to be mounted over a switch actuator of the light switch, the base defining first and second openings that extend therethrough, the first opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with the switch actuator in a first position, and the second opening configured to at least partially receive the switch actuator when the base is mounted over the switch actuator with the switch actuator in a second position.
Claim 11 of Patent No: 11, 102, 875 does not explicitly disclose an engagement mechanism that is configured to secure the base in a mounted position relative to the switch actuator when the switch actuator is in either the first position or the second position.
However, claim 11 of Patent No: 11, 102, 875, the installed light switch having a toggle actuator that extends through a faceplate opening of a faceplate of the installed light switch, the toggle actuator configured to control whether power is delivered to an electrical load and a toggle actuator opening that is configured to receive a portion of the toggle actuator when the remote control device is mounted over the installed light switch.
Therefore, the limitations are not of patentable merits since it is directed to a manner of operating the switch actuator which does not differentiate apparatus claim from claim 11 of Patent No: 11, 102, 875. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from claim 11 of Patent No: 11, 102, 875 apparatus if the prior art apparatus teaches all the structural limitations of the claim.
Citation of pertinent prior art
The prior art made of record and not relied upon is considered pertinent to applicants' disclosure. See prior arts/references listed on the PTO-892 form attached.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH TRAN whose telephone number is (571)272-1817. The examiner can normally be reached on 8:00 AM to 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taningco Alexander H can be reached on 571-272-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Minh Tran/
Primary Examiner
Art Unit 2844