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.
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 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 11266206. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application and of the patent are drawn to the same invention, especially a fastening device comprising a case unit, a wall, a base, a spool, an engaging unit, a knob, a plurality of teeth, a sun gear and a plurality of planetary gears engaging with the inner teeth, and a connecting unit, but differ only in specificity and obvious wording changes. The invention broadly claimed in this application is obviously encompassed by the claims of the patent.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-2 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 204895922.
Regarding claim 1, CN ‘922 discloses a fastening device 100 comprising: a case unit 400 comprising a wall (220, 420 wall), and a base 210 detachable connected to the wall, a spool 300 rotatably positioned within the case unit for prohibiting the spool from rotating in a first direction, a knob 500 operably coupled with the spool 300 so that a rotation of the knob in a second direction effects a rotation of the spool within the case unit to wind the lace about the spool, see figures 1-10.
Regarding claim 2, as stated above, CN ‘922 discloses a gear assembly (250, 310, 422-423) received in the case unit 400, wherein the case unit further comprises a plurality of inner teeth (310 or 250) in the wall (220 or 420 wall), and the gear assembly is coupled to the inner teeth, the spool 300 and the knob 500 for transferring a force from the knob to rotate the spool in the second direction for tensioning the lace, see figures 1-10.
Regarding claims 7-9, as stated above, CN ‘922 discloses a connecting unit 430 (as same as applicant, claim 7) comprises a central shaft 430 comprises a positioning protrusion (431, 432, displacing the positioning protrusion by rotating the knob 500, as same as applicant, see figures 4-5, claim 9), and the spool 300 further comprises a hollow body (no reference number, aperture of 300) comprising an inner surface forming a hollow space, wherein the hollow space is configured for the central shaft 430 to insert therein (see figures 3-5), an upper ring (no reference number, a top flange), a lower ring portion (no reference number, a bottom flange), an engaging portion (no reference number, near 431 and 432 engagement area) protruding from the inner surface toward the hollow space to couple to the central shaft 430 (see figures 3-5, as same as applicant’s device), wherein a winding track (near 320) is formed between the upper ring portion and the lower ring portion, see figures 3-5.
Allowable Subject Matter
Claims 3-6 would be allowable if rewritten to overcome the rejection(s), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The claims 3-6 are patentable over the prior art of record because the teachings of the references taken as a whole do not show or render obvious the combination set forth in claims 3-6, including every structural element recited in the claim and how each element is arranged by the applicant’s claimed device.
None of the references of the prior art teach or suggest the elements of the device as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the device in the manner required by the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG K KIM whose telephone number is 571-272-6947. The examiner can normally be reached Tuesday through Thursday from 10:30 A.M. to 9 P.M or Tuesday through Thursday from 10:30 A.M. to 7 P.M.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Robert Hodge, can be reached on (571) 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SK
2/11/26
/SANG K KIM/ Primary Examiner, Art Unit 3654