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 .
This communication is in response to application No. 19/066,715, filed on 2/28/2025. Claims 1-18 are currently pending and have been examined. Claims 1-18 have been rejected as follows.
Claim Objections
Claims 1 and 2 are objected to because of the following informalities:
In claim 1, line 13, “assembly at one end the vertical struts at the end,” appears to have a typographical error; and for examination purposes is interpreted to read “assembly at one end and the vertical struts at the other end”.
In claim 2, line 4, “diagonal struts inner portion” appears to have a typographical error; and for examination purposes is interpreted to read “diagonal struts to the inner portion”.
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 18 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 18 recites the limitation "the first outer mount plate" in lines 2-3 and “the second outer mount plate” in lines 4-5. There is insufficient antecedent basis for these limitations in the claim. These limitations are introduced in claim 8; therefor, for examination purposes claim 18 is interpreted as depending from claim 8 instead of directly from claim 7.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-18 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-18 of prior U.S. Patent No. 12,240,397. This is a statutory double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Denise L Esquivel whose telephone number is (703)756-5825. The examiner can normally be reached Monday- Thursday 7:30 am-5:00 pm, alternate Fridays 7:30 am-4:00 pm.
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/D.L.E./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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