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 .
Information Disclosure Statement
The information disclosure statement filed 11/26/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 112
Claims 5 and 13 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.
Claims 5 and 13 recite the limitation "the unit". There is insufficient antecedent basis for this limitation in the claim. The unit is previously functionally claimed, making it unclear if the applicant intends to positively recite a unit as part of the accessory assembly.
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.
Claims 1-8 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of at least claim 1 of prior U.S. Patent No. 10,463,021. This is a statutory double patenting rejection. Claim 1 of the instant invention is identical in scope compared to claim 1 of U.S. Patent No. 10,463,021 even though the wording between the claims is slightly different.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-13 and 16-18 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Lee US 2018/0098525.
Regarding claims 1 and 4, Lee discloses an accessory assembly apparatus for coupling a unit to an animal band, the apparatus comprising: a support frame (102), the support frame including a locking gap (120) positioned on one end of the support frame, a latch protrusion (114) positioned on the other end of the support frame, and a proximally positioned receiving aperture defined in the support frame (Lee, Figure 1), the receiving aperture configured to receive a portion of the unit; and a coupling latch (110) comprising an actuator (112) positioned on one end of the coupling latch and a locking mechanism (118) positioned on the other end of the coupling latch opposite the actuator, wherein the coupling latch is configured to be coupled to the support frame by placing the locking mechanism within the locking gap and positioning the actuator around the latch protrusion, and wherein the coupling latch is further configured to laterally move the locking mechanism in response to a force applied to the actuator toward the receiving aperture (Lee, abstract). Lee is further capable of performing the functional language of claim 4.
Regarding claim 2, Lee further discloses the locking mechanism includes a lock stub (122) extending toward the receiving aperture, the lock stub being biased toward the receiving aperture. (Lee, ¶0034)
Regarding claim 3, Lee further discloses the lock stub prevents rotation of the unit when coupled to the apparatus (Lee, ¶0036).
Regarding claim 5, Lee further discloses the unit is a portable electronic device (Lee, ¶0004).
Regarding claim 6, Lee further discloses the movement of the locking mechanism in response to the force applied to the actuator is facilitated via a spring-loaded mechanism placed between the actuator and the receiving aperture (Lee, ¶0028).
Regarding claim 7, Lee further discloses the actuator further includes a button configured to activates engagement and disengagement of the locking mechanism (Lee, ¶0026: 1-3).
Regarding claim 8, Lee further discloses the coupling latch being retained within the support frame via one or more wedges (124a,b) which slide into one or more wedge receptacles located within the support frame when the locking mechanism is actuated (Lee, ¶0032).
Regarding claim 9, Lee discloses an accessory apparatus, the apparatus comprising: a support frame (102), the support frame including a locking gap (120) positioned on one end of the support frame, a latch protrusion (114) positioned on the other end of the support frame, and a proximally positioned receiving aperture defined in the support frame (Lee, Figure 1); and a coupling latch (110) comprising an actuator (112) positioned on one end of the coupling latch and a locking mechanism (118) positioned on the other end of the coupling latch opposite the actuator, wherein the coupling latch is connected across an opening to the support frame by a spring-loaded mechanism located between the actuator and a surface oriented away from the receiving aperture (Lee, abstract).
Regarding claim 10, Lee further discloses the coupling latch is configured to move laterally across at least a portion of the support frame in response to a force applied to the actuator toward the receiving aperture, and wherein the coupling latch is coupled to the support frame by placing the locking mechanism within the locking gap and positioning the actuator around the latch protrusion (Lee, abstract).
Regarding claim 11, Lee further discloses the locking mechanism includes a lock stub (122) extending toward the receiving aperture, the lock stub being biased toward the receiving aperture (Lee, ¶0034).
Regarding claim 12, Lee further discloses the receiving aperture is configured to receive a unit (Lee, abstract).
Regarding claim 13, Lee further discloses the unit being a portable electronic device (Lee, ¶0004).
Regarding claim 16, Lee further discloses a buckle (204a,b) for securing the apparatus to an entity.
Regarding claim 17, Lee discloses an accessory assembly, comprising: an apparatus; and a unit coupled to the apparatus, the apparatus including: a support frame (102), the support frame including a locking gap (120) positioned on one end of the support frame, a latch protrusion (114) positioned on the other end of the support frame, and a proximally positioned receiving aperture defined in the support frame, the receiving aperture configured to receive a portion of the unit; and a coupling latch (110) comprising an actuator (112) positioned on one end of the coupling latch and a locking mechanism positioned on the other end of the coupling latch opposite the actuator, wherein the coupling latch is configured to be coupled to the support frame by placing the locking mechanism within the locking gap and positioning the actuator around the latch protrusion, and wherein the coupling latch is further configured to laterally move the locking mechanism in response to a force applied to the actuator toward the receiving aperture (Lee, abstract).
Regarding claim 18, Lee further discloses the unit includes an insertion portion configured to be inserted into the receiving aperture of the apparatus (Lee, ¶0029).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642