This is Non-Final office action for serial number 19/000549.
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.
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 1-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No.12,215,820. Although the claims at issue are not identical, they are not patentably distinct from each other because both application 19/000,549 and US Patent 12,215,820 discloses Claims:
1. A computer case mount comprising: an adjustable frame configured to receive a computer case, wherein the frame includes a width adjustment mechanism providing a selectable width adjustment range for the computer case; and a clamp connected to the adjustable frame and configured to attach over an edge of a worksurface, wherein the clamp includes: a top plate configured to contact a first side of the worksurface; an adjustable clamp member configured to contact an opposing second side of the worksurface; and a clamp screw including a head that registers with the top plate and a threaded shaft that passes through the top plate and engages the adjustable clamp member, wherein the clamp screw extends through a threaded hole of the adjustable clamp member such that rotating the head of the clamp screw functions to adjust a spacing between the top plate and the adjustable clamp member, and wherein the adjustable clamp member is configured to be positioned on the same side of the worksurface as the frame.
2. The computer case mount of claim 1, further comprising a snap-fit cover over the top plate.
3. The computer case mount of claim 1, wherein the clamp is a first clamp, the computer case mount further including a second clamp that operates in parallel to the first clamp, wherein the first and the second clamps include: a shared top plate configured to contact the first side of the worksurface; separate adjustable clamp members each configured to contact the opposing second side of the worksurface; and separate clamp screws including heads that register with the top plate and threaded shafts that pass through the top plate and engage a respective adjustable clamp member.
4. The computer case mount of claim 3, further comprising a swivel rotatably connecting the adjustable frame to the clamp.
5. The computer case mount of claim 1, wherein a threaded shaft of the clamp screw projects on the same side of the worksurface as the frame.
6. The computer case mount of claim 1, further comprising a swivel rotatably connecting the adjustable frame to the clamp.
7. The computer case mount of claim 6, wherein the swivel includes: a clamp-side swivel plate fixed to the top plate and adjacent to the adjustable clamp member; a frame-side swivel plate fixed to the adjustable frame; and a center pin extending through the clamp-side swivel plate and the frame-side swivel plate.
8. The computer case mount of claim 7, wherein the clamp-side swivel plate forms a radial through-hole with the center pin at a central axis of the radial through-hole, and wherein the swivel further includes a radial pin fixed to the frame-side swivel plate and extending through the radial through-hole.
9. The computer case mount of claim 6, wherein the adjustable frame includes: an L-shaped rear bracket forming a frame-side swivel plate rotatably connected to the clamp by the swivel; and an L-shaped bottom bracket opposite the frame-side swivel plate.
10. The computer case mount of claim 9, wherein the L-shaped rear bracket forms parallel vertical channels that mate with the L-shaped bottom bracket. [0001]
11. The computer case mount of claim 9, wherein the width adjustment mechanism of the adjustable frame includes: the L-shaped rear bracket forming the frame-side swivel plate; and an L-shaped front bracket slidably engaged with the L-shaped rear bracket adjacent the frame-side swivel plate.
12. The computer case mount of claim 11, wherein the L-shaped rear bracket forms parallel horizontal channels that slidably receive the L-shaped front bracket.
13. A computer case mount comprising: an adjustable frame configured to receive a computer case, wherein the frame includes a width adjustment mechanism providing a selectable width adjustment range for the computer case; a clamp connected to the adjustable frame and configured to attach over an edge of a worksurface, wherein the clamp includes: a top plate configured to contact a first side of the worksurface; an adjustable clamp member configured to contact an opposing second side of the worksurface; and a clamp screw including a head that registers with the top plate and a threaded shaft that passes through the top plate and engages the adjustable clamp member, wherein the adjustable clamp member is configured to be positioned on the same side of the worksurface as the frame; and a swivel rotatably connecting the adjustable frame to the clamp.
14. The computer case mount of claim 13, wherein the swivel includes: a clamp-side swivel plate fixed to the top plate and adjacent to the adjustable clamp member; a frame-side swivel plate fixed to the adjustable frame; and a center pin extending through the clamp-side swivel plate and the frame-side swivel plate. [0002]
15. The computer case mount of claim 14, wherein the clamp-side swivel plate forms a radial through-hole with the center pin at a central axis of the radial through-hole, and wherein the swivel further includes a radial pin fixed to the frame-side swivel plate and extending through the radial through-hole.
16. The computer case mount of claim 13, wherein the adjustable frame includes: an L-shaped rear bracket forming a frame-side swivel plate rotatably connected to the clamp by the swivel; and an L-shaped bottom bracket opposite the frame-side swivel plate.
17. The computer case mount of claim 16, wherein the L-shaped rear bracket forms parallel vertical channels that mate with the L-shaped bottom bracket.
18. The computer case mount of claim 16, wherein the width adjustment mechanism of the adjustable frame includes: the L-shaped rear bracket forming the frame-side swivel plate; and an L-shaped front bracket slidably engaged with the L-shaped rear bracket adjacent the frame-side swivel plate.
19. The computer case mount of claim 18, wherein the L-shaped rear bracket forms parallel horizontal channels that slidably receive the L-shaped front bracket.
20. An assembly comprising: a computer case; and a computer case mount comprising: an adjustable frame securing the computer case, wherein the frame includes a width adjustment mechanism providing a selectable width adjustment range for the computer case; a clamp connected to the adjustable frame and configured to attach over an edge of a worksurface, wherein the clamp includes: a top plate configured to contact a first side of the worksurface; an adjustable clamp member configured to contact an opposing second side of the worksurface; and a clamp screw including a head that registers with the top plate and a threaded shaft that passes through the top plate and engages the adjustable clamp member, wherein the adjustable clamp member is configured to be positioned on the same side of the worksurface as the frame; and a swivel rotatably connecting the adjustable frame to the clamp.
21. The assembly of claim 20, further comprising a snap-fit cover over the top plate.
22. The assembly of claim 20, wherein the swivel includes: a clamp-side swivel plate fixed to the top plate and adjacent to the adjustable clamp member; a frame-side swivel plate fixed to the adjustable frame; and a center pin extending through the clamp-side swivel plate and the frame-side swivel plate.
23. The assembly of claim 22, wherein the adjustable frame includes: an L-shaped rear bracket forming a frame-side swivel plate rotatably connected to the clamp by the swivel; and an L-shaped bottom bracket opposite the frame-side swivel plate, wherein the width adjustment mechanism of the adjustable frame includes: the L-shaped rear bracket; and an L-shaped front bracket slidably engaged with the L-shaped rear bracket adjacent the frame-side swivel plate.
24. The assembly of claim 20, wherein the clamp is a first clamp, the computer case mount further including a second clamp that operates in parallel to the first clamp, wherein the first and the second clamps include: a shared top plate configured to contact the first side of the worksurface; separate adjustable clamp members each configured to contact the opposing second side of the worksurface; and separate clamp screws including heads that register with the top plate and threaded shafts that pass through the top plate and engage a respective adjustable clamp member.
25. The assembly of claim 20, wherein a threaded shaft of the clamp screw projects on the same side of the worksurface as the frame.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional computer case mounts and/or clamps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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