NON-FINAL REJECTION
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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With U.S. Patent No. US 12,140,571 B2
Claims 2-21 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. US 12,140,571 B2, to Cyrankowski et al. (from hereinafter “Cyrankowski Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because a combination of claims from Cyrankowski patent anticipate the limitations found in the independent claim and the dependent claims of the instant application.
Instant application discloses - a testing assembly configured for operation within a chamber of a multi-instrument assembly, each instrument of the multi-instrument assembly includes a working region, the working regions defining a localized coincidence region, the testing assembly comprising: a testing assembly platform configured for coupling with a mounting stage of the multi-instrument assembly, the testing assembly platform movable relative to the mounting stage; a mechanical testing instrument coupled with the testing assembly platform, the mechanical testing instrument is configured to engage and conduct testing on a sample on a sample stage surface; a multiple degree of freedom sample stage assembly coupled with the testing assembly platform, the multiple degree of freedom sample stage includes: the sample stage surface, a plurality of linear stages coupled in series with the testing assembly platform, and one or more of: a rotation stage, or a tilt stage, wherein the rotation and tilt stages are coupled between the sample stage surface and the plurality of linear stages; wherein the multiple degree of freedom sample stage is configured to orient the sample stage surface to a first orientation within the localized coincidence region, and to orient the sample stage within the localized coincidence region to each of the working regions in the localized coincidence region through a combination of movement of linear stages and one or more of rotation or tilt stages; wherein the rotation and tilt stage assembly is configured to move the sample stage surface into a second orientation orthogonal to the first orientation; and wherein in an installed configuration with the testing assembly platform coupled with the mounting stage of the multi-instrument assembly, the testing assembly is recessed from walls of the multi-instrument assembly chamber.
Cyrankowski patent discloses - a method of using a testing assembly within a chamber of a multi-instrument assembly, the method comprising: positioning a sample on a sample stage surface of a multiple degree of freedom sample stage, the sample stage surface within a localized coincidence region of the multi-instrument assembly, and the localized coincidence region includes a plurality of overlapping working regions, the plurality of overlapping working regions includes at least first and second working regions of first and second instruments; conducting testing of the sample in a first orientation of the sample stage surface with the first instrument of the multi-instrument assembly, the sample within the first working region of the first instrument; orienting the sample stage surface and the sample to a second orientation relative to the second instrument of the multi-instrument assembly, the sample within the second working region of the second instrument, and orienting to the second orientation includes: translating the sample stage surface with at least one linear stage of the multiple degree of freedom sample stage; one or more of rotating or tilting the sample stage surface with one or more of a rotation stage or a tilt stage of the multiple degree of freedom sample stage; and maintaining the sample stage surface within the localized coincidence region while orienting; conducting testing of the sample in the second orientation of the sample stage surface with the second instrument; conducting testing of the sample with a mechanical testing instrument; and wherein each of the mechanical testing instrument and the multiple degree of freedom sample stage are installed to a testing assembly platform, and the testing assembly platform spaces each of the mechanical testing instrument and the multiple degree of freedom sample stage from walls of the chamber of the multi-instrument assembly.
Although the scope of claims 2-21 of the instant application and claims 1-22 of the Cyrankowski patent are very similar, the difference between the present claimed invention and the Cyrankowski patent is that the Cyrankowski patent is related to methods while the Instant Application is related to apparatus.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of the Cyrankowski patent as a general teaching to arrive at the instant invention because the Cyrankowski patent’s method steps of using a testing assembly within a chamber of a multi-instrument assembly
are being performed using the apparatus of the instant apparatus. The method of the Cyrankowski patent cannot be performed by another apparatus other than that of the instant application and that the apparatus of the instant application cannot perform another method than that of the Cyrankowski patent. Therefore, the claims are not patentably distinct from each other because they are substantially similar in scope and they use the similar limitations to produce the same end result of a testing assembly configured for operation within a chamber of a multi-instrument assembly.
With U.S. Patent No. US 11,237,087 B2
Claims 2-21 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of U.S. Patent No. US 11,237,087 B2, to Cyrankowski et al. (from hereinafter “Cyrankowski’087 Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because a combination of claims from Cyrankowski’087 patent anticipate the limitations found in the independent claim and the dependent claims of the instant application.
Instant application discloses - a testing assembly configured for operation within a chamber of a multi-instrument assembly, each instrument of the multi-instrument assembly includes a working region, the working regions defining a localized coincidence region, the testing assembly comprising: a testing assembly platform configured for coupling with a mounting stage of the multi-instrument assembly, the testing assembly platform movable relative to the mounting stage; a mechanical testing instrument coupled with the testing assembly platform, the mechanical testing instrument is configured to engage and conduct testing on a sample on a sample stage surface; a multiple degree of freedom sample stage assembly coupled with the testing assembly platform, the multiple degree of freedom sample stage includes: the sample stage surface, a plurality of linear stages coupled in series with the testing assembly platform, and one or more of: a rotation stage, or a tilt stage, wherein the rotation and tilt stages are coupled between the sample stage surface and the plurality of linear stages; wherein the multiple degree of freedom sample stage is configured to orient the sample stage surface to a first orientation within the localized coincidence region, and to orient the sample stage within the localized coincidence region to each of the working regions in the localized coincidence region through a combination of movement of linear stages and one or more of rotation or tilt stages; wherein the rotation and tilt stage assembly is configured to move the sample stage surface into a second orientation orthogonal to the first orientation; and wherein in an installed configuration with the testing assembly platform coupled with the mounting stage of the multi-instrument assembly, the testing assembly is recessed from walls of the multi-instrument assembly chamber.
Cyrankowski’087 Patent discloses - testing assembly configured for operation within a chamber of an instrument assembly, the testing assembly comprising: a testing assembly platform configured for mounting with a mounting stage of the instrument assembly; a mechanical testing instrument mounted to the testing assembly platform, the mechanical testing instrument includes: a movable probe having a probe tip; and a transducer coupled with the movable probe; a multiple degree of freedom sample stage mounted to the testing assembly platform, the multiple degree of freedom sample stage includes: a sample stage surface configured for reception of the sample; a plurality of linear stages configured to move the sample stage along two or more linear axes; a rotation stage configured to rotate the sample stage along a rotational axis; a tilt stage configured to tilt the sample stage along a tilt axis different than the rotational axis; and wherein the rotation and tilt stages are interposed between the sample stage surface and the plurality of linear stages; wherein the sample stage surface is configured for movement between at least first and second orientations relative to the probe tip: in the first orientation the sample stage surface is proximate to the probe tip and is at a first combination of translational, rotational and tilted orientations relative to the probe tip; in the second orientation the sample stage surface is proximate to the probe tip and is at a second combination of translational, rotational and tilted orientations relative to the probe tip different from the first orientation; and wherein the testing assembly platform is configured to isolate the multiple degree of freedom sample stage, the mechanical testing instrument and the testing assembly platform from engagement with chamber walls of the instrument assembly in each of the first and second orientations and in transition therebetween.
Although the scope of claims of the instant application and claims of the Cyrankowski’087 Patent are very similar, the difference between the present claimed invention and the Cyrankowski’087 Patent is that the Cyrankowski’087 Patent has a transducer coupled with the movable probe. However, these features are not required in the instant application. Also, in the instant application, the second orientation orthogonal to the first orientation. However, this orientation is implicit in the Cyrankowski’087 Patent. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of the Cyrankowski’087 Patent as a general teaching to arrive at the instant invention because the similar elements and operational conditions are disclosed in both apparatus in order to accomplish the goal of having a testing assembly configured for operation within a chamber of a multi-instrument assembly. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify or to eliminating the additional elements or limitations of claims 1-32 of Cyrankowski’087 Patent to arrive at claims 2-21 of the instant application because one of ordinary skill in the art would have realized that the remaining elements or limitations would perform the same functions as before to accomplish the goal of acoustically scanning a target. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U.S. Court of Customs and Patent Appeals.
Conclusion
The following prior arts made of record and not relied upon, are considered pertinent to applicant's disclosure:
Matsumoto et al. (US 2018/0321111 A1) an oscillating device including a vibrating table, an actuator configured to oscillate the vibrating table in a first direction, a coupling mechanism configured to couple the vibrating table with the actuator in such a manner that the vibrating table is movable relative to the actuator in a second direction orthogonal to the first direction, and a counter balancer attached to the vibrating table and configured to compensate an imbalance of an oscillated portion including at least the vibrating table, the imbalance being caused by attaching the coupling mechanism to the vibrating table (Abstract; Fig.3).
Cotrell et al. (US 2010/0275695 A1) teaches an apparatus (500) for fatigue testing elongate test articles (404) including wind turbine blades through forced or resonant excitation of the base (406) of the test articles (404). The apparatus (500) includes a testing platform or foundation (402). A blade support (410) is provided for retaining or supporting a base (406) of an elongate test article (404), and the blade support (410) is pivotally mounted on the testing platform (402) with at least two degrees of freedom of motion relative to the testing platform (402). An excitation input assembly (540) is interconnected with the blade support (410) and includes first and second actuators (444, 446, 541) that act to concurrently apply forces or loads to the blade support (410). The actuator forces are cyclically applied in first and second transverse directions. The test article (404) responds to shaking of its base (406) by oscillating in two, transverse directions (505, 507) [Abstract]. Briefly, multi-axis degree of freedom blade testing systems are described that effectively utilize base excitation (e.g., shaking or oscillating a base or root) to provide more efficient fatigue testing of wind turbine blades. During operation, the system provides a testing method that provides simultaneous displacements of a test article such as a blade in multiple degrees-of-freedom (e.g., translations and/or rotations) by concurrently moving or shaking a blade support structure in two or more directions [0011].
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUMAN NATH whose telephone number is (571)270-1443. The examiner can normally be reached on M to F 9:00 am to 5:00 pm.
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/SUMAN K NATH/Primary Examiner, Art Unit 2855
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