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.
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 1-26 and 28-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 12227975. Although the claims at issue are not identical, they are not patentably distinct from each other because:
The claims requires a door locking apparatus that comprises a locking pin carrier with a plurality of pins, a releasable brake, and other limitations that are presented in the ‘975 patent.
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.
Claims 1-30 are 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.
Claims 1, 10, 19 and 23 require that the locking pin carrier is biased in an unlocked position when the carrier is in contact with the upper flange. At the instant, the limitation is indefinite.
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As shown above, the locking pin carrier 22C actually is biased by springs 22j and 22k, that when the brake is released, they will bias the locking pin carrier upwardly to the unlatched position. The upper flange 22I is used as a stop surface when the carrier is moved upwardly.
Therefore, in order to continue with the examination, the limitation will be interpreted as the device further comprising the rod springs 22J and 22K, and that the locking pin carrier being moved toward the unlatched position by the rod springs when the brake is released and stopped by the carrier engaging the upper flange. Correction is required (see parent case for the language discussed to overcome the rejection).
Claim 1 requires that the locking pins will be positioned on a strike on the floor to lock and biased to unlock. However, without a releasing mechanism (broadly claiming the release member or the locking cylinder) the invention as claimed cannot perform the function claimed.
Therefore, in order to continue with the examination, the claim will be interpreted as also comprising a releasing mechanism that is configured to be activated to release the locking pin carrier from the locked position. Correction is required.
Allowable Subject Matter
Claims 1, 10, 19 and 23, as interpreted above, would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
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Wadlow discloses a locking apparatus that comprises a locking pin carrier (128) comprising a plurality of locking pins (152) configured to be positioned in a floor strike (168), and a release member (key cylinder) mounted on a body plate (104).
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CN 10793192 teaches a locking pin carrier (4), having a locking pin (3), movable mounted between upper and lower flanges (102 and 103) of a body plate (101).
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Duffy teaches that it is well known in the art to provide support rods (22a and 22b), fixed to respective fixed surfaces of a body member (18), to support and guide the movement of a locking pin carrier (23) having a locking pin (24).
However, it would be hindsight to provide the teachings into the device that Wadlow discloses. Also, even combined, the “combination” will fail to disclose other aspects of the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached on (571)272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
February 13, 2026