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 .
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.
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Claims 1-8 and 11-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-6, 8-10, and 12-17 of U.S. Patent No. 12,202,688. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent fully encompasses the subject matter of the instant application.
Claim Rejections - 35 USC § 103
4. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
5. Claim(s) 1-3 and 5-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Honeycutt et al. (US 2009/0144916) in view of Traylor et al. (US 2022/0297773) or Del Vecchio et al. (US 4,457,402).
6. Regarding to claim 1, Honeycutt et al. discloses a gangway (gangway 22, as described in paragraphs 0035 and can be seen from Figures 1-2 and 9-12c in Honeycutt et al.) for use with a container (storage container, as described in paragraph 0005 and 0034-0037 in Honeycutt et al.) and to be accessed [as can be seen from Figure 1-2 and described in paragraph 0005 and 0034-0037 in Honeycutt et al.], said gangway (22) comprising: a fixed platform (top support 24, as described in paragraph 0035 and can be seen from Figure 2 in Honeycutt et al.); a support structure (left side support 30 and right side support 32, as described in paragraph 0035 and can be seen from Figure 2 in Honeycutt et al.) connected to the fixed platform (24) in a manner that allows the support structure (30, 32) to rotate with respect to the fixed platform (24) between a raised stowed position (a first raised position, as described in paragraph 0037 in Honeywell et al.) and a lowered deployed position (a second lowered position, as described in paragraph 0037 in Honeywell et al); and an end platform (base support 28, as described in paragraph 0035 and can be seen from Figure 2 in Honeywell et al.) pivotally connected at a distal end (a lower portion of 30, 32) of the support structure (30, 32) [as described in paragraph 0037 and can be seen from Figure 2 in Honeycutt et al.], said end platform (28) defining an upper walking surface (an upper surface of 28, as can be seen from Figure 2 in Honeycutt et al.) and a bottom surface (a lower surface of 28, as can be seen from Figure 2 in Honeycutt et al.) that engages a top of the container [as described in paragraph 0005 and can be seen from Figures 1-2 in Honeycutt et al. Also, note that the apparatus disclosed by Honeycutt et al. is capable of being used with a container workpiece in the recited manner].
Honeycutt et al. discloses an embodiment where a ramp (246) can be moved to span any gap between ramp (246) and a storage container [as described in paragraph 0063 in Honeycutt et al.], which is therefore inferred as disclosing the instance of having no gap, which therefore includes the instance of having a height of no greater than one inch. However, Honeycutt et al. does not explicitly disclose the height being no greater than one inch.
However, Traylor et al. discloses bridge 211 which is substantially flush with the ground to minimize the formation of a gap between the ground and the ramp (200) thereby facilitating the passage of a wheeled vehicle onto and off of the ramp with minimal disturbance of the vehicle or the cargo being transported [paragraph 0070 and 0087 in Traylor et al.].
Del Vecchio et al. also discloses a platform portion 12 that is substantially coplanar with a lower supporting surface (ground 22) [as described in column 4 lines 67-column 5 line 9 in Del Vecchio et al.].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the height in Honeycutt et al. to include a height of being less than one inch, as a known technique used to minimize a gap between the ramp and ground to enable a smooth transition from the ramp to the ground.
7. Regarding to claim 2, Honeycutt et al. discloses a gangway (gangway 22, as described in paragraphs 0035 and can be seen from Figures 1-2 and 9-12c in Honeycutt et al.) as set forth in claim 1, wherein the end platform (28 in Honeycutt et al.) comprises a main platform structure formed of a bottom piece (lower portion of 28 in Honeycutt et al.) and a separate top piece (upper portion of 28 in Honeycutt et al.). However, Honeycutt et al. discloses the top piece and bottom piece formed from a same single piece of metal rather than two separate pieces assembled together. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a plurality of pieces joined together, as a simple substitution of one known element for another to obtain predictable results and to enable ease of manufacturing of parts.
Regarding to claim 3, Honeycutt et al. discloses a gangway (gangway 22, as described in paragraphs 0035 and can be seen from Figures 1-2 and 9-12c in Honeycutt et al.) as set forth in claim 2, wherein each of the bottom piece (lower portion of 28 in Honeycutt et al. ) and the top piece (upper portion of 28 in Honeycutt et al.) are formed of a single piece of sheet metal [as described in paragraph 0005 in Honeycutt et al.].
9. Regarding to claim 5, the combination of Honeycutt et al., Traylor et al. and Del Vecchio et al. discloses the gangway as set forth in claim 4, wherein the end platform (28) further comprises first and second side structures (first and second guardrail 38, as can be seen from Figure 2 in Honeycutt et al.) attached to respective outside surfaces of said lateral flanges (first and second tabs 182, first and second 184, as described in paragraph 0052 and can be seen from Figure 11 in Honeycutt et al.) [as can be seen from Figure 2 and 11 in Honeycutt et al.].
10. Regarding to claim 6, the combination of Honeycutt et al., Traylor et al. and Del Vecchio et al. discloses the gangway as set forth in claim 5, wherein each of said side structures (first and second guardrail 38, as can be seen from Figure 2 in Honeycutt et al.) comprises first and second uprights [as described in paragraph 0036 and can be seen from Figure 2 in Honeycutt et al.].
11. Regarding to claim 7, the combination of Honeycutt et al., Traylor et al. and Del Vecchio et al. discloses the gangway as set forth in claim 3, wherein the top piece (upper portion of 28 in Honeycutt et al.) defining a pair of opposed lateral flanges (first and second tabs 182, first and second 184, as described in paragraph 0052 and can be seen from Figure 11 in Honeycutt et al.) on respective lateral sides (first and second flange 156, first and second areas 154, as described in paragraph 0050-0053 in Honeycutt et al.) of the walking surface (upper surface of 28 in Honeycutt et al.).
12. Regarding to claims 8, the combination of Honeycutt et al., Traylor et al. and Del Vecchio et al. discloses the gangway as set forth in claim 7, wherein the bottom piece (lower portion of 28) includes a pair of opposed side plates (172, 174, as described in paragraph 0050-0051 and can be seen from Figure 11 in Honeycutt et al.) defining aligned side plate holes (178, 180) for passage of an axle [as described in paragraph 0050-0051 and can be seen from Figure 2 and 11 in Honeycutt et al.].
13. Regarding to claims 9, the combination of Honeycutt et al., Traylor et al. and Del Vecchio et al. discloses the gangway as set forth in claim 8, further comprising a support beam (middle horizontal beam on guardrail 38 located below handrail 42) extending between the opposed side plates (172, 174) [as can be seen from Figure 2 and 11 in Honeycutt et al.].
14. Regarding to claims 10, the combination of Honeycutt et al., Traylor et al. and Del Vecchio et al. discloses the gangway as set forth in claim 9, having a support beam (middle horizontal beam on guardrail 38 located below handrail 42) having a rectangular cross-section [as can be seen from Figure 2 in Honeycutt et al.]. However, the combination of Honeycutt et al., Traylor et al. and Del Vecchio et al. does not explicitly disclose the support beam being hollow. However, it would have been obvious to one of ordinary skill in the art to modify the support beam in the combination of Honeycutt et al., Traylor et al. and Del Vecchio et al. to include a hollow beam as a known technique used to reduce weight of an apparatus, which would yield predictable results.
15. Regarding to claim 11, the combination of Honeycutt et al., Traylor et al. and Del Vecchio et al. discloses the gangway as set forth in claim 8, wherein the end platform (28) further comprises first and second side structures (first and second guardrail 38, as can be seen from Figure 2 in Honeycutt et al.) attached to respective outside surfaces of said lateral flanges (first and second tabs 182, first and second 184, as described in paragraph 0052 and can be seen from Figure 11 in Honeycutt et al.) [as can be seen from Figure 2 and 11 in Honeycutt et al.], and the side structures (first and second guardrail 38, as can be seen from Figure 2 in Honeycutt et al.) define respective depending flanges (Figure 2 in Honeycutt et al.) defining flange holes (holes connecting guardrails 38 to supports 28, 30, 32, as can be seen from Figure 2 in Honeycutt et al.) aligned with said side plate holes (178, 180) [as can be seen from Figure 2 in Honeycutt et al.].
16. Regarding to claim 12 the combination of Honeycutt et al., Traylor et al. and Del Vecchio et al. discloses the gangway as set forth in claim 11, wherein a portion of the support structure (left side support 30 and right side support 32, as described in paragraph 0035 and can be seen from Figure 2 in Honeycutt et al.) interposes each of the side plates and a respective one of the depending flanges of the respective side structures (first and second guardrail 38) [as can be seen from Figure 2 in Honeycutt et al.].
17. Claim(s) 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Honeycutt et al. (US 2009/0144916).
18. Regarding to claim 13, Honeycutt et al. discloses a gangway (gangway 22, as described in paragraphs 0035 and can be seen from Figures 1-2 and 9-12c in Honeycutt et al.) for use with a container (storage container, as described in paragraph 0005 and 0034-0037 in Honeycutt et al.) and to be accessed [as can be seen from Figure 1-2 and described in paragraph 0005 and 0034-0037 in Honeycutt et al.], said gangway (22) comprising: a fixed platform (top support 24, as described in paragraph 0035 and can be seen from Figure 2 in Honeycutt et al.); a support structure (left side support 30 and right side support 32, as described in paragraph 0035 and can be seen from Figure 2 in Honeycutt et al.) connected to the fixed platform (24) in a manner that allows the support structure (30, 32) to rotate with respect to the fixed platform (24) between a raised stowed position (a first raised position, as described in paragraph 0037 in Honeywell et al.) and a lowered deployed position (a second lowered position, as described in paragraph 0037 in Honeywell et al); and an end platform (base support 28, as described in paragraph 0035 and can be seen from Figure 2 in Honeywell et al.) pivotally connected at a distal end (a lower portion of 30, 32) of the support structure (30, 32) [as described in paragraph 0037 and can be seen from Figure 2 in Honeycutt et al.], said end platform (28) defining an upper walking surface (an upper surface of 28, as can be seen from Figure 2 in Honeycutt et al.) and a bottom surface (a lower surface of 28, as can be seen from Figure 2 in Honeycutt et al.) that engages a top of the container [as described in paragraph 0005 and can be seen from Figures 1-2 in Honeycutt et al. Also, note that the apparatus discloses by Honeycutt et al. is capable of being used with a container workpiece in the recited manner], the end platform (28 in Honeycutt et al.) having a main platform structure formed of a bottom piece (lower portion of 28 in Honeycutt et al.) and a top piece (upper portion of 28 in Honeycutt et al.). However, Honeycutt et al. discloses the top piece and bottom piece formed from a same single piece of metal rather than two separate pieces assembled together. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a plurality of pieces joined together, as a simple substitution of one known element for another to obtain predictable results and to enable ease of manufacturing of parts.
Regarding to claim 14, Honeycutt et al. discloses a gangway (gangway 22, as described in paragraphs 0035 and can be seen from Figures 1-2 and 9-12c in Honeycutt et al.) as set forth in claim 13, wherein each of the bottom piece (lower portion of 28 in Honeycutt et al.) and the top piece (upper portion of 28 in Honeycutt et al. ) are formed of a single piece of sheet metal [as described in paragraph 0005 in Honeycutt et al.].
Regarding to claim 15, the Honeycutt et al. discloses the gangway as set forth in claim 14, wherein the top piece (upper portion of 28 in Honeycutt et al.) defining a pair of opposed lateral flanges (first and second tabs 182, first and second 184, as described in paragraph 0052 and can be seen from Figure 11 in Honeycutt et al.) on respective lateral sides (first and second flange 156, first and second areas 154, as described in paragraph 0050-0053 in Honeycutt et al.) of the walking surface (upper surface of 28 in Honeycutt et al.).
Regarding to claim 16, Honeycutt et al. discloses the gangway as set forth in claim 15, wherein the end platform (28 in Honeycutt et al.) further comprises first and second side structures (first and second guardrail 38, as can be seen from Figure 2 in Honeycutt et al.) attached to respective outside surfaces of said lateral flanges (first and second tabs 182, first and second 184, as described in paragraph 0052 and can be seen from Figure 11 in Honeycutt et al.) [as can be seen from Figure 2 and 11 in Honeycutt et al.], wherein said side structures (first and second guardrail 38, as can be seen from Figure 2 in Honeycutt et al.) each having first and second uprights [as described in paragraph 0036 and can be seen from Figure 2 in Honeycutt et al.].
Regarding to claim 17, Honeycutt et al. discloses the gangway as set forth in claims 15, wherein the bottom piece (lower portion of 28 in Honeycutt et al.) includes a pair of opposed side plates (172, 174, as described in paragraph 0050-0051 and can be seen from Figure 11 in Honeycutt et al.) defining aligned side plate holes (178, 180) for passage of an axle [as described in paragraph 0050-0051 and can be seen from Figure 2 and 11 in Honeycutt et al.].
Regarding to claims 18, Honeycutt et al. discloses the gangway as set forth in claim 17, further comprising a support beam (middle horizontal beam on guardrail 38 located below handrail 42) extending between the opposed side plates (172, 174) [as can be seen from Figure 2 and 11 in Honeycutt et al.].
Regarding to claims 19, Honeycutt et al. discloses the gangway as set forth in claim 18, having a support beam (middle horizontal beam on guardrail 38 located below handrail 42) having a rectangular cross-section [as can be seen from Figure 2 in Honeycutt et al.]. However, Honeycutt et al. does not explicitly disclose the support beam being hollow. However, it would have been obvious to one of ordinary skill in the art to modify the support beam in Honeycutt et al. to include a hollow beam as a known technique used to reduce weight of an apparatus, which would yield predictable results.
Conclusion
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/NIRVANA DEONAUTH/Primary Examiner, Art Unit 3726
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