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 (IDS) submitted on March 9, 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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, 11-16 and claims 2 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 (see the chart below) of U.S. Patent No. 12,176,694. Although the claims at issue are not identical, they are not patentably distinct from each other because the broader claim limitations of the current application anticipated the narrower claims in the US Patent (12,176,694)(see the chart below). Because the patented claim 1 includes all of the limitations of pending claims 1 and 2, the pending claim encompasses the subject matter of the patented claim.
Claims 3-10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 9 of U.S. Patent No. 12,176,694 in view of Mehta (US 5,472,350). US Patent No. 12,176,694 does not explicitly teach a plurality of forward-extending ribs at said rear housing portion and configured to support said bus bars.
Mehta (US 5,472,350) teaches a plurality of forward-extending ribs (see partition ribs in the base (14)) at said rear housing portion (14) and configured to support said bus bars (20, 18).
It would have been obvious to one of ordinary skilled in the art at the time of the invention to have included in the outlet of the US Patent No. 12,176,694 the forward-extending ribs as taught by Mehta as way of securing the bus bars; also since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
Current case
U.S. Patent No. 12,176,694 (Case 17/966,354)
An electrical outlet comprising: a perimeter housing portion defining an interior and having a front edge and a rear edge; a front housing portion having a rear surface configured for engagement with said front edge of said perimeter housing portion, said front housing portion defining an electrical receptacle opening to said interior, and a plurality of rearwardly-extending latch tabs for securing said electrical outlet to a mounting surface; and a rear housing portion having a front surface configured for engagement with said rear edge of said perimeter housing portion.
11. The electrical outlet of claim 1, wherein said perimeter housing portion comprises a pair of opposing sidewalls each defining a recess, and wherein said rearwardly-extending latch tabs are received in said recesses when said front housing portion is assembled to said perimeter housing portion.
12. The electrical outlet of claim 1, wherein said front housing portion comprises a plurality of screw bosses extending rearwardly into said perimeter housing portion, and said rear housing portion defines a plurality of fastener openings aligned with respective ones of said screw bosses, said electrical outlet comprising a plurality of threaded screws passing through said
fastener openings and threadedly engaging said screw bosses to secure said front housing portion to said rear housing portion with said perimeter housing portion secured therebetween.
13. (new) The electrical outlet of claim 12, wherein said perimeter housing portion defines a plurality of fastener passageways configured to receive respective ones of said screw bosses and said threaded screws.
14. (new) The electrical outlet of claim 13, wherein said front surface of said rear housing portion comprises a plurality of forward-extending annular walls that are received in said fastener passageways of said perimeter housing portion.
15. (new) The electrical outlet of claim 1, further comprising an electrical bus bar supported between said front and rear housing portions, said electrical bus bar having an electrical contact aligned with said electrical receptacle opening.
16. (new) The electrical outlet of claim 15, wherein said rear housing portion comprises a forwardly-extending wall configured to support said electrical bus bar in alignment with said electrical opening.
An electrical outlet comprising: a perimeter housing portion defining an interior and having a front edge and a
rear edge; a front housing portion having a rear surface configured for engagement with said front edge of said perimeter housing portion, said front housing portion defining an electrical receptacle opening to said interior, and a plurality of rearwardly-extending latch tabs for securing said electrical outlet to a mounting surface; and a rear housing portion having a front surface configured for engagement with said rear edge of said perimeter housing portion….
3. The electrical outlet of claim 1, wherein said perimeter housing portion comprises a pair of opposing sidewalls each defining a recess, and wherein said rearwardly-extending latch tabs are received in said recesses when said front housing portion is assembled to said perimeter housing portion.
4. The electrical outlet of claim 1, wherein said front housing portion comprises a plurality of screw bosses extending rearwardly into said perimeter housing portion, and said rear housing portion defines a plurality of fastener openings aligned with respective ones of said screw bosses, said electrical outlet comprising a plurality of threaded screws passing through said fastener openings and threadedly engaging said screw bosses to secure said front housing portion to said rear housing portion with said perimeter housing portions secured therebetween.
5. The electrical outlet of claim 4, wherein said perimeter housing portion defines a plurality of fastener passageways configured to receive respective ones of said screw bosses and said threaded screws.
6. The electrical outlet of claim 5, wherein said front surface of said rear housing portion comprises a plurality of forward-extending annular walls that are received in said fastener passageways of said perimeter housing portion.
8. The electrical outlet of claim 1, further comprising a plurality of electrical bus bars supported between said front and rear housing portions, said electrical bus bars each having an electrical contact aligned with….said electrical receptacle openings.
9. The electrical outlet of claim 8, wherein said rear housing portion comprises a (plurality of) forwardly-extending wall(s) …configured to support (said plurality of) electrical bus bar(s) in alignment with said electrical opening(s)….
(Plurality implies that there is at least one forwardly extending wall as claimed by the current application)
2. An electrical outlet comprising: a
perimeter housing portion defining an interior and having a front edge and a rear edge; a front housing portion having a rear surface configured for engagement with said front edge of said perimeter housing portion, said front housing portion defining an electrical receptacle opening to said interior; and a rear housing portion having a front surface configured for engagement with said rear edge of said perimeter housing portion; wherein said rear housing portion and said perimeter housing portion cooperate to define a strain relief configured to engage an electrical cord that enters said interior from an exterior of said electrical outlet.
17. (new) The electrical outlet of claim 2, wherein said front housing portion comprises a plurality of screw bosses extending rearwardly into said perimeter housing portion, and said rear housing portion defines a plurality of fastener openings aligned with respective ones of said screw bosses, said electrical outlet comprising a plurality of threaded screws passing through said fastener openings and threadedly engaging said screw bosses to secure said front housing portion to said rear housing portion with said perimeter housing portion secured therebetween.
18. (new) The electrical outlet of claim 17, wherein said perimeter housing portion defines a plurality of fastener passageways configured to receive respective ones of said screw bosses and said threaded screws.
19. (new) The electrical outlet of claim 18, wherein said front surface of said rear housing portion comprises a plurality of forward-extending annular walls that are received in said fastener passageways of said perimeter housing portion.
20. (new) The electrical outlet of claim 2, further comprising an electrical bus bar supported between said front and rear housing portions, said electrical bus bar having an electrical contact aligned with said electrical receptacle opening.
1. An electrical outlet comprising: a
perimeter housing portion defining an interior
and having a front edge and a rear edge; a front housing portion having a rear surface configured
for engagement with said front edge of said perimeter housing portion, said front housing portion defining an electrical receptacle opening
to said interior…..and a rear housing portion having a front surface configured for engagement with said rear edge of said perimeter housing portion; wherein said rear housing portion and said perimeter housing portion cooperate to define a strain relief configured to engage an electrical cord that enters said interior from an exterior of said electrical outlet.
12. (new) The electrical outlet of claim 1, wherein said front housing portion comprises a plurality of screw bosses extending rearwardly into said perimeter housing portion, and said rear housing portion defines a plurality of fastener openings aligned with respective ones of said screw bosses, said electrical outlet comprising a plurality of threaded screws passing through said fastener openings and threadedly engaging said screw bosses to secure said front housing portion to said rear housing portion with said perimeter housing portion secured therebetween.
13. (new) The electrical outlet of claim 12, wherein said perimeter housing portion defines a plurality of fastener passageways configured to receive respective ones of said screw bosses and said threaded screws.
14. (new) The electrical outlet of claim 13, wherein said front surface of said rear housing portion comprises a plurality of forward- extending annular walls that are received in said fastener passageways of said perimeter housing portion.
15. (new) The electrical outlet of claim 1, further comprising an electrical bus bar supported between said front and rear housing portions, said electrical bus bar having an electrical contact aligned with said electrical receptacle opening.
3. (original) An electrical outlet comprising: a perimeter housing portion defining an interior and having a front edge and a rear edge; a front housing portion having a rear surface configured for engagement with said front edge of said perimeter housing portion, said front housing portion defining an electrical receptacle opening to said interior; a rear housing portion having a front surface configured for engagement with said rear edge of said perimeter housing portion;
a plurality of electrical bus bars; and a plurality of forward-extending ribs and posts at said rear housing portion and configured to support said bus bars.
4. (new) The electrical outlet of claim 3, wherein said rear housing portion and said perimeter housing portion cooperate to define a strain relief configured to engage an electrical cord that enters said interior from an exterior of said electrical outlet.
5. (new) The electrical outlet of claim 4, wherein said strain relief comprises: a strain relief projection extending rearwardly from said rear edge of said perimeter housing portion, said strain relief projection having an arcuate recess at a rear end portion thereof; and a strain relief recess extending rearwardly from said front surface of said rear housing portion, said strain relief recess defining a concave recess at a rear end portion thereof; wherein, upon assembly of said perimeter housing portion to said rear housing portion, said strain relief recess receives said strain relief projection and said arcuate recess cooperates with said concave recess to form an opening for the electrical cord.
6. (new) The electrical outlet of claim 5, wherein said front housing portion comprises a plurality of rearwardly-extending latch tabs for securing said electrical outlet to a mounting surface.
7. (new) The electrical outlet of claim 6, wherein said perimeter housing portion comprises a pair of opposing sidewalls each defining a recess, and wherein said rearwardly-extending latch tabs are received in said recesses when said front housing portion is assembled to said perimeter housing portion.
8. (new) The electrical outlet of claim 3, wherein said front housing portion comprises a plurality of screw bosses extending rearwardly into said perimeter housing portion, and said rear housing portion defines a plurality of fastener openings aligned with respective ones of said screw bosses, said electrical outlet comprising a plurality of threaded screws passing through said fastener openings and threadedly engaging said screw bosses to secure said front housing portion to said rear housing portion with said perimeter housing portion secured therebetween.
9. (new) The electrical outlet of claim 8, wherein said perimeter housing portion defines a plurality of fastener passageways configured to receive respective ones of said screw bosses and said threaded screws.
10. (new) The electrical outlet of claim 9, wherein said front surface of said rear housing portion comprises a plurality of forward-extending annular walls that are received in said fastener passageways of said perimeter housing portion.
1. An electrical outlet comprising: a perimeter housing portion defining an interior and having a front edge and a rear edge; a front housing portion having a rear surface configured for engagement with said front edge of said perimeter housing portion, said front housing portion defining an electrical receptacle opening to said interior, and a rear housing portion having a front surface configured for engagement with said rear edge of said perimeter housing portion;
8. The electrical outlet of claim 1, further comprising a plurality of electrical bus bars….
9. The electrical outlet of claim 8, wherein said rear housing portion comprises a plurality of forwardly-extending..… posts configured to support said plurality of electrical bus bars ….
(the US Patent does not teach a plurality of forward-extending ribs)
Claim 1 (continued)…. wherein said rear housing portion and said perimeter housing portion cooperate to define a strain relief configured to engage an electrical cord that enters said interior from an exterior of said electrical outlet.
2. The electrical outlet of claim 1, wherein said strain relief comprises: a strain relief projection extending rearwardly from said rear edge of said perimeter housing portion, said strain relief projection having an arcuate recess at a rear end portion thereof; and a strain relief recess extending rearwardly from said front surface of said rear housing portion, said strain relief recess defining a concave recess at a rear end portion thereof; wherein, upon assembly of said perimeter housing portion to said rear housing portion, said strain relief recess receives said strain relief projection and said arcuate recess cooperates with said concave recess to form an opening for the electrical cord.
…(claim 1 continuation) …said front housing portion defining .. a plurality of rearwardly-extending latch tabs for securing said electrical outlet to a mounting surface;
3. The electrical outlet of claim 1, wherein said perimeter housing portion comprises a pair of opposing sidewalls each defining a recess, and wherein said rearwardly-extending latch tabs are received in said recesses when said front housing portion is assembled to said perimeter housing portion.
4. The electrical outlet of claim 1, wherein said front housing portion comprises a plurality of screw bosses extending rearwardly into said perimeter housing portion, and said rear housing portion defines a plurality of fastener openings aligned with respective ones of said screw bosses, said electrical outlet comprising a plurality of threaded screws passing through said fastener openings and threadedly engaging said screw bosses to secure said front housing portion to said rear housing portion with said perimeter housing portions secured therebetween.
5. The electrical outlet of claim 4, wherein said perimeter housing portion defines a plurality of fastener passageways configured to receive respective ones of said screw bosses and said threaded screws.
6. The electrical outlet of claim 5, wherein said front surface of said rear housing portion comprises a plurality of forward-extending annular walls that are received in said fastener passageways of said perimeter housing portion.
Response to Arguments
Applicant's arguments filed March 9, 2026 have been fully considered but they are not persuasive. The applicant argues: With respect to independent claim 1 of the present application, this claim has no requirement for a strain relief, which is a requirement of claims 1 and 2 of the parent, U.S. Pat. No. 12,176,694. Claim 1 of the present application is not a mere rewriting of the same limitations written in a different arrangement as asserted on p. 3 of the Office Action. With respect to independent claim 2 of the present application, this claim has no requirement for any latch tabs for securing the electrical outlet to a mounting surface, let alone a plurality of rearwardly-extending latch tabs extending from the front housing portion as required by claims 1 and 2 of the parent, U.S. Pat. No. 12,176,694. Claim 2 of the present application is not a mere rewriting of the same limitations written in a different arrangement as asserted on p. 3 of the Office Action. With respect to independent claim 3 of the present application, this claim has no requirement for any latch tabs for securing the electrical outlet to a mounting surface, let alone a plurality of rearwardly-extending latch tabs extending from the front housing portion as required by claims 1, 8, and 9 of the parent, U.S. Pat. No. 12,176,694, and is further lacking any recitation of a strain relief, which is also required by claims 1, 8, and 9 of the parent. Withdrawal of the double-patenting rejections of original claims 1-3 is respectfully requested.
The Examiner respectfully maintains the nonstatutory obviousness-type double patenting rejection. As shown in the claim chart above, pending claims 1, 2, and 3 of the instant application are broader than, and not patentably distinct from, the corresponding claims of U.S. Patent No. 12,176,694.
For example, claim 1 of the instant application recites substantially the same subject matter as claim 1 of U.S. Patent No. 12,176,694, except that pending claim 1 omits the additional limitation: “wherein said rear housing portion and said perimeter housing portion cooperate to define a strain relief configured to engage an electrical cord that enters said interior from an exterior of said electrical outlet.”
Because the patented claim includes all of the limitations of pending claim 1 and merely adds a further narrowing limitation directed to the strain relief, pending claim 1 encompasses the subject matter of the patented claim. The omitted strain-relief limitation does not render the pending claim patentably distinct from the patented claim. Rather, the pending claim is directed to the same electrical outlet structure without the additional narrowing feature recited in the issued patent.
Accordingly, claims 1, 2, and 3 of the instant application are not patentably distinct from the claims of U.S. Patent No. 12,176,694. Therefore, the nonstatutory obviousness-type double patenting rejection is proper and is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Communication
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/KRYSTAL ROBINSON/Examiner, Art Unit 2848
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