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 1-18 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,268,314. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims overlap in scope such that all limitations of the present claims are stated or obvious in light of the parent claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 5-8, 10-11, 13, 18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Maimeri et co Sas Fratelli (FR 2,329,232).
Regarding claims 1 and 18, the document to Maimeri et co Sas Fratelli (hereafter “D1”) discloses a floor stand (device of figure 1 – names and citations are to translation provided by applicant in parent application) for clamping and putting up a panel-shaped object (canvas 21), the floor stand comprising: a foot (support plate 10) adapted for placing the floor stand on a floor surface (11); a beam (1) which is connectable to the foot (10) and, when connected to the foot (10), is adapted to be supported by the foot on the floor surface (11) such that the beam (1) extends in a direction transversely to the floor surface (11); a clamping device (at brackets 19, 20) comprising a lower clamp (at 19) with an object mounting surface (horizontal surface which supports 21 in figure 1) and a lower projection (front lip of 19) transverse to the object mounting surface, and an upper clamp (at 20) with an object contacting surface (lower horizontal surface of 20) and an upper projection (front downward extending lip of 20) transverse to the object contacting surface (figure 2), the upper clamp being connectable with the beam (at ring 14); wherein the panel-shaped object (21) is mountable onto the object mounting surface, contactable with the object contacting surface, and clampable to the beam (1) by the clamping device (19, 20); a fixing device (locking screws 15, 18, 18’); the lower clamp has a sliding element (ring 13, , tubular section 16/16’, screws 22/22’) and a shifting element (19, bars 17/17’), wherein the shifting element (19/17/17’) comprises the object mounting surface (figure 3) and the lower projection, and the sliding element (13/16/22/22’) is a unit and comprises a first and two further feedthroughs (ring 13, tubular sections 16, 16’); the first feedthrough (13) is arranged between the two further feedthroughs (16, 16’); the beam (1) is passable through the first feedthrough (13 – figure 3); and when the beam (1) is passed through the first feedthrough (13), the sliding element (13/16/22/22’) is slidable along the beam (1) and fixable thereto by the fixing device (sliding element 13/16/22/22’ slides up and down with ring 13 and fixed at a height by screw 15), and the shifting element (19/17/17’) is shiftable in the two further feedthroughs (16, 16’ with shifting of 17, 17’) in a direction transversely to the beam (1) (translated document lines 67-72), and is fixable by the fixing device (15, 18, 18’), so that by shifting the lower projection (front lip of 19) towards the beam (1) and by fixing the shifting element (19/17/17’), the panel-shaped object (21) is clampable by the lower projection to the beam (1), whereby the panel-shaped object (21) is adapted to be supported by the floor stand (10) on the floor surface.
Regarding claim 2, D1 discloses wherein the sliding element (13/16/22/22’) comprises a surface (front surface of 22 or 22’) which corresponds to the lower projection, and by shifting the lower projection the panel-shaped object (21) is clampable between the lower projection and the surface (screws 22/22’ secure the panel) which corresponds to the lower projection (figure 1).
Regarding claims 5-7, D1 discloses wherein the fixing device (15/18/18’) comprises a locking pin (15) and a through hole (at opening through 13/1 – figure 3) in the beam (1), wherein the locking pin (15) is pushable into the through hole and positionable in the through hole such that, with the locking pin positioned in the through hole, the sliding element (13/1622/22’) is placeable on the locking pin and is thereby fixable to the beam (1).
Regarding claim 8, D1 discloses wherein the fixing device (15/18/18’) comprises a fixing screw (18/18’) on the sliding element (13/16/22/22’), wherein, with the shifting element (19/17/17’) passed through the two further feedthroughs (16/16’), the shifting element (19/17/17’) is braceable against the sliding element (13/16/22/22’) by tightening the fixing screw (18/18’) and is thereby fixable to the sliding element (figure 3).
Regarding claim 10, D1 discloses wherein the shifting element (19/17/17’) is U- shaped (19 exhibits a U-shape in cross section), comprises two legs (17/17’) and a web (bottom flange / square of 19) connecting the two legs (17/17’), wherein one (17) of the two legs extends through one of the two further feedthroughs (16), the other (17’) of the two legs extends through the other of the two further feedthroughs (16’) and the web has the lower projection (portion of 19 extends/projects downward).
Regarding claim 11, D1 discloses wherein one of the two legs (17/17’) comprises a pin (screw extension of 17 attaching to 19) which projects beyond a surface of the one of the two legs (17) such that the shifting element (19/17/17’) is captively connected to the sliding element (connected to 16 by 17).
Regarding claim 13, D1 discloses wherein the upper clamp (at 20) comprises a further sliding element (14/16/22/22’) and a further shifting element (20/17/17’), wherein the further shifting element (20/17/17’) has the object contacting surface (lower horizontal surface of 20) and the upper projection (flange of 20).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK D HAWN/Primary Examiner, Art Unit 3631