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 non-final Office action is in response to Applicant’s patent application number 19/089,406 filed on 3/25/2025.
Currently, claims 1-6 are pending and examined.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/20/2026; 7/1/2025 are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one fitting must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: par. [0001], line 2; after “November 30, 2023” should be inserted -- now U.S. Patent No. 12,264,848 --.
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.
Claims 1-6 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.
Re claim 1, line 6; a phrase “it” renders the claim indefinite and confusing because it is unclear whether “it” referring to which structure? Clarification is required. Claims 2-3 depending upon the rejected claim 1 are also rejected.
Re claim 2, line 2; a phrase “when” renders the claim indefinite because "when" is language that suggests or makes optional the subsequent limitation or limitations. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. Claim 6, line 4; having the same issue as mentioned is also rejected.
Re claim 4, line 5; a citation “the cylinder” does not have a proper antecedent basis, unless Applicant meant “the hydraulic cylinder”? Correction is required. Claims 5-6 depending upon the rejected claim 4 are also rejected.
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 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12,264,848. Although the claims at issue are not identical, they are not patentably distinct from each other because all structures of the instant claims are fully encompassed within the patented claims.
Following is a mapping between the instant and patented claims:
Instant claims: Patented claims:
1, 2 1
3 2
4, 5 3
6 4
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.
As best understood, claim(s) 1-6 is/are rejected under 35 U.S.C. 102(s)(1) as being anticipated by US No. 2017/0201055 to Trombley.
Re claim 1: Trombley discloses a crimping device 10 for assembling truss foundation components into a truss without using mechanical fasteners, the device comprising: a main body 18; a first fixed jaw 34 extending from the main body 18; a second movable jaw 22 extending from a hydraulic cylinder 42 (par. [0023]) connected to the main body 18, the hydraulic cylinder 42 providing force to the second jaw 22 to move it toward the first jaw 34 to make a crimp connection (Fig. 3); a lower crimp guide 70b; an upper crimp guide 70a; and at least one fitting 46 for communicating hydraulic fluid to the hydraulic cylinder 42.
Re claim 2: wherein the lower crimp guide 70b is adapted to receive a portion of a first foundation component when crimping a second foundation component to the first component to position teeth of the first and second jaws 34/22 over recesses formed in a coupler of the first foundation component to deform the second foundation component into the recesses formed in the coupler to effect a crimp connection between the first and second foundation components.
Note: the claims are sole drawn to a sub-combination of “A crimping device” any relations to truss foundation components are functional or intended use of the device and not being given any patentable weight.
Re claim 3: (see above Note) wherein the upper crimp guide 70a comprises an opening (see Fig. 3) to receive a portion of third foundation component to orient teeth of the first and second jaws over recesses formed in a connecting portion of the third foundation component to deform the second foundation component into the recess of the connecting portion to effect a crimp connection between the second and third foundation components.
Re claim 4: Trombley discloses a crimping device 10 for truss installation and assembly machine comprising: a main body portion 18; a first fixed jaw 34 extending from a distal end of the main body 18; a second movable jaw 22 extending from a hydraulic cylinder 42 (par. [0023]) attached to the main body 18, wherein the cylinder 42 is operable to move the second movable jaw 22 toward the first fixed jaw 34 to perform a crimping operation; an upper crimp guide 70a attached to the main body portion 18; a lower crimp guide 70b proximate to the first and second jaws 34/22; and at least one fitting 46 for communicating hydraulic fluid to the hydraulic cylinder 42 (Fig. 3).
Re claim 5: wherein the lower crimp guide 70b is proximate to the first and second jaws 34/22 for orienting the first and second jaws 34/22 with respect to a driving coupler of a first foundation component over recesses formed in the coupler so that a second foundation component is deformed into the recesses formed in the coupler to effect a crimp connection between the first and second foundation components (see Note above).
Re claim 6: wherein the upper crimp guide 70a includes a recess (near wherein 70a points to, Fig. 3) for receiving an alignment feature of third foundation component to orient the first and second jaws 34/2 with respect to the third foundation component over recesses formed in a connecting portion of the third foundation component when crimping an second foundation component to the third foundation component so the second foundation component is deformed into the recesses in the connecting portion (see Note above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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