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 .
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.
Claims 1, 2, 5-8, 10-12, 15, 16, 19, and 20 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, 2, 5-8, 10-12, 15, 16, 19, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: “the surface associated with the inner or outer expandable frame including a surface of the set of panels”. Without the inclusion of a panel to form the surface associated with the inner or outer expandable frame, it is unclear what type(s) of surface(s) (e.g. integrated panel, removeable tote, shipping box, etc.) objects are placed upon to achieve “an indication of a load measurement associated with the object placed on the surface”.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12373812 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 2, 5-8, 10-12, 15, 16, 19, and 20 omit a “panel” and are therefore broader than the claims of the issued patent which include a “panel”. The remaining claims recite a “panel” and have the same or similar scope, i.e. “a bagging station device”, as the claims of the issued patent and any differences would be obvious to one of ordinary skill in the art.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to disclose “a bagging station device having inner and outer expandable frames, a movable mechanism coupled between frame portions of the inner or outer expandable frame and configured to facilitate movement of the inner or outer expandable frame, and a load sensor mechanically coupled between the inner and outer expandable frames and operable to measure a load associated with an object placed on a surface associated with the inner or outer expandable frame, sending, by the load sensor, an indication of a load measurement associated with the object placed on the surface associated with the inner or outer expandable frame.”
The closest prior art of record Palese, US 8161891 B2 discloses: An expandable table that has a frame, at least one leg supporting the frame, first and second top portions movably connected or interconnected to the frame, an intermediate top portion movably connected or interconnected to the frame, and a movement mechanism connected or interconnected to the frame. The movement mechanism is configured to cause the first and second top portions to move along a longitudinal axis of the frame. The movement mechanism is also configured to cause the intermediate top portion to move normal to said longitudinal axis of a plane of movement of said first and second top portions, (see Palese, Abstract) .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-9595029-B1, US-20130153656-A1, CN-102060118-A, WO-2014116447-A1, US-20070138269-A1, US-20210125467-A1, US-20020170782-A1, and US-20200286058-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUSSELL S GLASS whose telephone number is (571)272-7285. The examiner can normally be reached M-F, 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FLORIAN ZEENDER can be reached at 571-272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUSSELL S GLASS/Primary Examiner, Art Unit 3627
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