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 .
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 2-11 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 2 recites the limitation "the anchor stem" in line 2. There is insufficient antecedent basis for this limitation in the claim. The dependent claims are likewise rejected.
Claim 3 recites the limitation "the lever" in the last line. 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 1-3, 12, 18 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Myatt, U.S. 3,407,454.
Regarding claim 1, Myatt discloses in figure 5 (col. 6, lines 19-24) a system for connecting an accessory to an item (col. 1, lines 32-41; panels connected to airplanes and motor industry vehicles) having,
an anchor fixture (retaining piece 211; col. 6, lines 64-66) having a fixture body (body of 211) configured to be connected to one of the accessories and the item, the fixture body (211) defining an anchor aperture (hole 225; col. 6, lines 64-71) therein, the anchor aperture (hole 225) having at least one recessed portion (lateral portion 227; col. 6, lines 64-71) along an edge thereof,
an anchor (handle 154 and turn piece 210; col. 6, lines 48-51) configured to be connected to an other one of the accessories and the item,
the anchor including:
an anchor lock (locking projections 222 of shank 21 having the bore 150; col. 6, lines 25-27) being configured to be inserted through the anchor aperture (hole 225) of the anchor fixture (retaining piece 211),
the anchor lock having at least one protrusion (locking projections 222) extending therefrom, the anchor lock being movable relative to the anchor fixture between an unlocked position and a locked position (col. 5, lines 4-31), in the unlocked position, the anchor lock being free to pass through the anchor aperture (225), and in the locked position,
the anchor lock being prevented by the anchor fixture from passing through the anchor aperture (col. 5, lines 28-31), and the at least one protrusion (locking projection 222) of the anchor lock being received in the at least one recessed portion (lateral portion 227) of the anchor aperture (225); and the anchor being selectively secured to the anchor fixture by inserting the anchor lock through the anchor aperture and moving the anchor lock (turned through 90 degrees; col. 5, lines 5-18) relative to the anchor fixture (retaining piece 211) to place the anchor lock in the locked position, the anchor lock impeding movement within the anchor fixture of the anchor (col. 5, lines 32-42).
As to claim 2, as best understood by the Examiner, the reference discloses the anchor comprises an anchor lock (fig 5, locking projections 222) connected to a first end (at 216) of the anchor stem, and a lever (handle 162; col. 6, lines 35-47) 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 (col. 7, lines 3-6; col. 4, lines 40-66).
As to claim 3, as best understood by the Examiner, the reference discloses an anchor base (cam piece 212; col. 6, line 72 – col. 7, line 2) configured to be connected to the other one of the accessory and the item; the anchor base defines a base aperture (hole 239, fig 5) therein; the anchor is rotationally connected to the anchor base (connected via projections 222), a portion of the anchor extending through (extending through such that the projections lodge within slots 245 when turned) the base aperture (239); and the anchor base (212) is disposed between the lever (handle 162) and the anchor lock (projections 222).
As to claim 12, the reference discloses the at least one recessed portion (lateral portion 227) of the anchor fixture (211) is at least one arc-shaped recess (fig 5, lateral portion 227 appear to be curved) formed by the anchor fixture.
As to claim 18, the reference discloses the anchor lock (locking projections 222 of shank 21 having the bore 150; col. 6, lines 25-27) impedes lateral movement (movement prevented when projections 222 are received in the detents 245) of the anchor within the anchor fixture.
As to claim 19, the reference discloses the anchor lock (222) impedes movement of the anchor parallel (axially relative to the anchor aperture when projections 222 are engaged with detents 245) to the anchor aperture and orthogonal (perpendicular movement of the connections appear to be minimized) to the anchor aperture.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1, 3, 6, 7, 9, 10, 12 and 15 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1, 3, 6, 7, 9, 10, 12 and 15 of co-pending Application No. 18/852,673 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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.
Claim 2, 4, 13, 14, 16 and 17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 3, 4, 13 and 19 of copending Application No. U.S. 18/852,673 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following.
Reference claim 2 includes all the limitations of pending claim 2.
Reference claims 3 and 4 includes all the limitations of pending claim 4.
Reference claim 13 includes all the limitations of pending claims 13 and 14.
Reference claim 19 includes all the limitations of pending claims 16 and 17 wherein orthogonal and axial (parallel) movement is prevented or impeded.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 5, 8 and 11 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 and to overcome the rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH L THOMPSON whose telephone number is (571)272-7037. The examiner can normally be reached Weekdays; 9:00-5:00, est.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at 571-270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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12 June 2026
/KENNETH L THOMPSON/Primary Examiner, Art Unit 3676
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