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 .
DETAILED ACTION
This is a reply to the application filed on 03/11/2025, in which, claim(s) 1-6 are pending. Claim(s) 1 and 5 are independent.
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/11/2025, has been reviewed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner is considering the information disclosure statement.
Drawings
The drawings filed on 03/11/2025 are accepted by The Examiner.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-6 are non-provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over:
Claims 1-8 of Patent 12,277,257.
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-6 are anticipated by claims 1-8 of Patent 12,277,257.
Instant Application 19/076,258
Patent US 12,277,257 B2
Claim 1. A removable code shield to be assembled in a reversible manner on an electronic payment terminal, the removable code shield comprising:
at least one lateral wall; a rear wall; and first and second reversible attachments on an outer face of said at least one lateral wall which are configured to cooperate with corresponding receivers in a receiving location of said electronic payment terminal,
said first reversible attachment being formed by at least one excrescence extending obliquely in relation to a plane of said outer face of said lateral wall.
Claim 1. A removable code shield to be assembled in a reversible manner on an electronic payment terminal, the removable code shield comprising:
at least one lateral wall; a rear wall; and first and second reversible attachments on an outer face of said at least one lateral wall which are configured to cooperate with corresponding receivers in a receiving location of said electronic payment terminal,
said first reversible attachment being formed by at least one excrescence extending obliquely in relation to a plane of said outer face of said lateral wall, wherein the second attachment has a different shape than the first attachment.
Allowable Subject Matter
Claims 1-6 would be allowable if the Applicant overcomes double patenting rejection issued in this office action by filing a valid electronic Terminal Disclaimer.
Independent Claim(s) and their respective dependent claims would be allowable over prior arts since the prior arts taken individually or in combination fails to particular discloses, fairly suggest or render obvious the following italic limitations:
In claims 1 and 5:
“said first reversible attachment being formed by at least one excrescence extending obliquely in relation to a plane of said outer face of said lateral wall” in combination with other limitations recited as specified in the independent claim(s).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENG-FENG HUANG whose telephone number is (571)272-6186. The examiner can normally be reached Monday-Friday: 9 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eleni A Shiferaw can be reached at (571) 272-3867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHENG-FENG HUANG/Primary Examiner, Art Unit 2497
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