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 .
Drawings
Figure 1-4 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-18 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1-18 of copending Application No. 19/204,775 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Allowable Subject Matter
Claims 1-18 would be allowable if amended to overcome 1) the double patenting rejection(s) under 35 U.S.C. 101, and 2) amended so as to comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-9 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 claim 1, including every structural element recited in the claims. Specifically, prior art of record does not teach or disclose the following: “A yaw-bearing grease tray comprising: an arcuate flat band portion with an inner arcuate sidewall, an outer arcuate sidewall, a first end wall, and a second end wall perpendicularly disposed on the arcuate flat band portion, with a ledge on the first end wall and a step at the second end wall, each of the ledge and the step are substantially parallel to the arcuate flat band portion; and a plurality of magnets are disposed on the arcuate flat band portion.”
None of the references of the prior art teach or suggest the elements of the lubrication system as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the system in the manner required by the claims.
Claims 10-18 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 claim 10, including every structural element recited in the claims. Specifically, prior art of record does not teach or disclose the following: “A yaw-bearing grease tray system comprising: a first yaw-bearing grease tray formed with an arcuate flat band portion with an inner arcuate sidewall, an outer arcuate sidewall, a first end wall, and a second end wall perpendicular disposed on the arcuate flat band portion with a ledge on the first end wall and a step at the second end wall, each of the ledge and the step are substantially parallel to the arcuate flat band portion and a plurality of magnets are disposed on the arcuate flat band portion; a second yaw-bearing grease tray formed with an arcuate flat band portion with an inner arcuate sidewall, an outer arcuate sidewall, a first end wall, and a second end wall perpendicular disposed on the arcuate flat band portion with a ledge and a step at the second end wall, each of the ledge and the step are substantially parallel to the arcuate flat band portion and a plurality of magnets are disposed on the arcuate flat band portion; and wherein the ledge of the first yaw-bearing grease tray and the step of the second yaw-bearing grease tray form a complementary interlocking piece.”
None of the references of the prior art teach or suggest the elements of the lubrication system as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the system in the manner required by the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A RIEGELMAN whose telephone number is (571)270-7956. The examiner can normally be reached 8-6 EST Monday - Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Mansen can be reached at (571) 272-6608. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL A. RIEGELMAN
Primary Examiner
Art Unit 3654
/MICHAEL A RIEGELMAN/Primary Examiner, Art Unit 3654
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