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 .
Current application is a continuation of U.S Application No. 17/881,356, which was issued a U.S. Patent 12,209,432.
Specification
The disclosure is objected to because the specification silent about claim 22 limitation “copy” in line 2. Appropriate correction is required.
Claim Objections
Claim 22 is objected to because the specification is silent about limitation “copy.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 40 is 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.
Claim 40 recites “the absorber retainer is configured to surround an outer circumferential surface of the absorber retainer.” The meaning is not clear as to which structure defines the “absorber retainer” and which structure defines the “circumferential surface.” Appropriate correction is required.
There are no claims depends from the claim 40.
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 21-27, 29, 31-35, 37, 39-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12,209,432. Although the claims at issue are not identical, they are not patentably distinct from each other because
(A) the subject matter of the current application is directed to,
(a) a locking device fluid guard having a guard body configured to transition between a closed position and an open position, wherein the guard body at least partially covers a lock face of an electronic lock when in the closed position and at least partially uncovers the lock face of the electronic lock when in the open position; a fluid absorber that sits at least partially within a recess of the guard body, wherein the fluid absorber to interface with the lock face when the guard body is in the closed position; and a coupling protrusion configured to extend from the guard body and configured to fit within a cavity of the electronic lock, wherein the coupling protrusion is configured to be partially translated along a first axis to disengage the fluid absorber from the lock face, wherein the coupling protrusion is further configured to permit rotation around a second axis when the fluid absorber is disengaged from the lock face to transition between the closed position and the open position, and wherein the coupling protrusion comprises a neck narrower than surrounding portions of the coupling protrusion (claim 21),
(b) a guard cover configured to at least partially cover a face of a lock when in a closed position; a fluid absorber that sits at least partially within a recess of the guard cover, wherein the fluid absorber to interface with the face of the lock when the guard cover is in the closed position; and a coupling element configured to affix the guard cover to the lock, wherein the coupling element is configured to permit the guard cover to rotate about a first axis along a length of the lock extending from the face of the lock rearward (Claim 31), and
(c) a guard head having an absorber retainer extending from a surface of the guard head and comprising a coupling element; and a fluid absorber configured to be disposed within the absorber retainer; and a guard body configured to couple with an electronic lock, the guard body comprising; an aperture configured to form a rim in the guard body, to expose a face of the electronic lock, and to receive at least a portion of the absorber retainer, wherein the coupling element is configured to couple to the rim of the guard body; and a hinge connecting the guard head and the guard body, wherein the hinge enables the guard head to be moved towards or away from the face of the electronic lock (claim 37).
(B) The subject matter of the issued patent is directed to,
(a) a locking device fluid guard having a guard body configured to at least partially cover a lock face of an electronic lock in a closed configuration and to at least partially uncover the lock face of the electronic lock in an open configuration; a fluid absorber shaped to generally define a first axis and to fit within a recess of the guard body, the fluid absorber configured to fit at least partially within a cup of the lock face in the closed configuration, the fluid absorber comprising a generally cylindrical protruding portion and an annular portion at least partially surrounding the protruding portion; and
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a coupling protrusion configured to extend from the guard body and configured to fit within a cavity of the lock, the coupling protrusion shaped to define a second axis generally parallel to the first axis, the coupling protrusion configured to allow the guard body to be translated along the second axis between a closed configuration and an open configuration and when in an open configuration to uncover the fluid absorber from the at least the portion of the lock face and to withdraw the fluid absorber at least partially from within the cup of the lock face, the coupling protrusion configured to allow the guard body to rotate about the second axis when in the open configuration, wherein the coupling protrusion comprises a neck narrower than surrounding portions of the coupling protrusion (claim 1),
(b) a guard cover configured to at least partially cover a face of a lock in a closed configuration; a fluid absorber shaped to generally define a first axis, the fluid absorber configured in a closed configuration to fit at least partially within a cup of the lock face; and a coupling element configured to couple the guard cover to the lock, the coupling element shaped to define a second axis generally parallel to the first axis, the coupling element configured to allow the guard cover to rotate about the second axis (claim 12), (c) a guard head comprising: an absorber retainer extending from a surface of the guard head, the absorber retainer comprising at least one coupling element; and a fluid absorber configured to be disposed within the absorber retainer; and a guard body configured to couple with an electronic lock, the guard body comprising; an aperture configured to form a rim in the guard body, to expose a face of the electronic lock, and to receive at least a portion of the absorber retainer therethrough, wherein the at least one coupling element is configured to couple to the rim of the guard body; and a hinge connecting the guard head and the guard body and configured to define an open position and a closed position of the locking device guard (claim 20), and
(d) a guard body configured to at least partially cover a lock face of an electronic lock in a closed configuration and to at least partially uncover the lock face of the electronic lock in an open configuration; a fluid absorber shaped to generally define a first axis and to fit within a recess of the guard body, the fluid absorber configured to fit at least partially within a cup of the lock face in the closed configuration, the fluid absorber comprising a generally cylindrical protruding portion and an annular portion at least partially surrounding the protruding portion; a coupling protrusion configured to extend from the guard body and configured to fit within a cavity of the lock, the coupling protrusion shaped to define a second axis generally parallel to the first axis, the coupling protrusion configured to allow the guard body to be translated along the second axis between a closed configuration and an open configuration and when in an open configuration to uncover the fluid absorber from the at least the portion of the lock face and to withdraw the fluid absorber at least partially from within the cup of the lock face, the coupling protrusion configured to allow the guard body to rotate about the second axis when in the open configuration; and at least one ear extending from the guard body, the at least one ear configured to at least partially surround the lock face, wherein the guard body further comprises a recess configured to receive at least a portion of the fluid absorber therein, and wherein the guard body further comprises one or more projections projecting into the recess, the projections configured to create a friction interface with the fluid absorber, the friction interface configured to promote retention of the annular portion of the fluid absorber within the recess.
The subject matter of the current application and that of the issued patent are not patentably distinct.
Generally, a continuation application will have claims directed to different aspects of what is set forth in the original description and drawings.
Pedersen et al. (US Pub. App. 2019-0301198) discloses, in Figures 1-22, a lock assembly with a guard body (includes 404, 408), a fluid absorber 500 (Para. 0065), a coupling protrusion (protrusion in 408 that receives 500 defines coupling protrusion, Figure 8) and lock face 612 (Para. [0047], Figure 1B.)
Claim 28, recites the fluid absorber comprises an antibacterial absorber. Code (US 8,574,610) teaches a method of providing a material with both absorbency and antimicrobial property (abstract) to provide a safe and healthy environment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pedersen et al. with material having both absorbency and antibacterial property, as taught by Code with a reasonable expectation of success of having a safe and healthy environment. Modifying the fluid absorber 500 of the lock assembly 600 of Pedersen et al. with the material having antimicrobial property teaches the claimed limitations.
Claim 30 recites the fluid absorber is 2 mm or less from the lock face when the guard body is in closed position. Pedersen et al. discloses lock face 612, and fluid guard 400 carrying the fluid absorber 500 when closed, the fluid absorber engages the space in the lock face. The space between the fluid absorber and the face lock is not disclosed. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have the fluid absorber 2 mm or less from the lock face when the guard body is in closed position, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Claim 36 and 38 requires coupling element as a tab and corresponding receiving structure. Pedersen et al. discloses coupling element as tab 428 and receiver 440 (Para. [0055], Figure 3.)
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides examples of similar inventions. There are no suggestions in the prior art of record for combining any of the references to arrive at as claimed. A few of the prior art cited but not applied includes Pedersen (US Pub. App. 2019-0301198); Prosl (US 8,541,393); and Chen (US 6,813,914).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675