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 Objections
Claim 41 is objected to because of the following informalities:
In claim 41, “compression surface located one” should read “compression surface located on”
Appropriate correction is required.
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.
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Claims 31-41 and 45-50 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 11,938,516. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 31-41 and 45-50 of the instant application are anticipated by claims 1-6 of U.S. Patent No. 11,938,516.
Application 19/112,508
U.S. Patent No. 11,938,516
31. A screen assembly for separating materials, comprising:
a support member including:
a flow through area comprising a plurality of flow through apertures that are surrounded by front and rear edges and first and second side edges;
a mounting aperture located on the first side edge of the support member, the mounting aperture including at least one compression surface configured to receive a compression force used to secure the screen assembly to a screening machine;
a first upwardly extending flange that extends upward from the first side edge of the support member; and
an access aperture provided in the first upwardly extending flange, wherein the mounting aperture is aligned with the access aperture; and
a screening surface attached to a top surface of the flow through area.
Claim 1: “A screen assembly for separating materials, comprising:
a support member including:
a flow through area surrounded by front and rear edges and first and second side edges of the support member, wherein a plurality of flow through apertures are located in the flow through area, each flow through aperture passing though the support member from a top surface to a bottom surface of the flow through area;
a first plurality of mounting apertures located on the first side edge of the support member, each of the first plurality of mounting apertures extending inward from the first side edge towards a centerline of the support member and including at least one compression surface;
a second plurality of mounting apertures located on the second side edge of the support member, each of the second plurality of mounting apertures extending inward from the second side edge towards the centerline of the support member and including at least one compression surface; and
first and second upwardly extending flanges that extend upward from the first and second side edges, respectively, of the support member; and
a screening surface that is attached to the top surface of the flow through area to form the screening assembly.”
32. The screen assembly of claim 31, wherein the access aperture comprises a first access aperture that is provided in the first upwardly extending flange at a location adjacent the front edge of the support member, and further comprising a second access aperture provided in the first upwardly extending flange at a location adjacent the rear edge of the support member.
Claim 2: “The screen assembly of claim 1, wherein a first plurality of access apertures are provided in the first upwardly extending flange and a second plurality of access apertures are provided in the second upwardly extending flange.”
33. The screen assembly of claim 31, wherein the at least one compression surface of the mounting aperture is located inward from the first side edge of the support member.
Claim 1: “each of the first plurality of mounting apertures extending inward from the first side edge towards a centerline of the support member and including at least one compression surface”
34. The screen assembly of claim 31, wherein the mounting aperture comprises:
first and second compression surfaces; and
an alignment groove, wherein the first and second compression surfaces are located on opposite sides of the alignment groove, and wherein the alignment groove extends from the first and second compression surfaces inward toward a centerline of the support member.
Claim 4: “The screen assembly of claim 1, wherein each of the first plurality of mounting apertures and the second plurality of mounting apertures further comprises an alignment slot that extends from a compression surface of the mounting aperture inward towards the centerline of the support member.”
Claim 5: “The screen assembly of claim 4, wherein each at least one compression surface of each of the first plurality and the second pluralities of mounting apertures comprises first and second compression surfaces located on opposite sides of the alignment slot.”
35. The screen assembly of claim 31, wherein the support member further includes a second upwardly extending flange that extends upward from the second side edge of the support member.
Claim 1: “first and second upwardly extending flanges that extend upward from the first and second side edges, respectively, of the support member”
36. The screen assembly of claim 35, wherein the mounting aperture on the first side edge of the support member comprises a first mounting aperture, and further comprising:
a second mounting aperture located on the second side edge of the support member, the second mounting aperture including at least one compression surface configured to receive a compression force used to secure the screen assembly to a screening machine; and
an access aperture in the second upwardly extending flange, wherein the access aperture is aligned with the second mounting aperture.
Claim 1: “a first plurality of mounting apertures located on the first side edge of the support member, each of the first plurality of mounting apertures extending inward from the first side edge towards a centerline of the support member and including at least one compression surface; a second plurality of mounting apertures located on the second side edge of the support member, each of the second plurality of mounting apertures extending inward from the second side edge towards the centerline of the support member and including at least one compression surface”
Claim 2: “The screen assembly of claim 1, wherein a first plurality of access apertures are provided in the first upwardly extending flange and a second plurality of access apertures are provided in the second upwardly extending flange.”
Claim 3: “The screen assembly of claim 2…wherein each of the second plurality of access apertures comprises an extension of a corresponding one of the second plurality of mounting apertures.”
37. The screen assembly of claim 35, wherein the support member further comprises at least one compression surface on the second side of the support member.
Claim 1: “a second plurality of mounting apertures located on the second side edge of the support member, each of the second plurality of mounting apertures extending inward from the second side edge towards the centerline of the support member and including at least one compression surface”
38. The screen assembly of claim 35, wherein the at least one compression surface on the second side of the support member is provided on the second upwardly extending flange.
Claim 1: “a second plurality of mounting apertures located on the second side edge of the support member, each of the second plurality of mounting apertures extending inward from the second side edge towards the centerline of the support member and including at least one compression surface; and first and second upwardly extending flanges that extend upward from the first and second side edges, respectively, of the support member”
39. The screen assembly of claim 31, wherein the support member further comprises at least one compression surface located on the second side of the support member.
Claim 1: “a second plurality of mounting apertures located on the second side edge of the support member, each of the second plurality of mounting apertures extending inward from the second side edge towards the centerline of the support member and including at least one compression surface”
40. The screen assembly of claim 31, wherein the support member is configured to preferentially flex into a concave shape in which a center of the support member is lower than the first and second side edges when a compression force having a component directed toward a centerline of the support member is applied to the at least one compression surface of the mounting aperture.
Claim 6: “The screen assembly of claim 1, wherein the screen assembly is configured to be mounted on a vibratory screening machine having compression pistons that bear against the compression surfaces of the first and second plurality of mounting apertures to secure the screen assembly to the vibratory screening machine, and wherein the support member is configured to preferentially flex into a concave shape in which a center of the support member is lower than the first and second side edges of the support member when the compression pistons of the vibratory screening machine apply compressive forces to the compression surfaces.”
41. A screen assembly for separating materials, comprising:
a support member including:
a flow through area having a plurality of flow through apertures surrounded by front and rear edges and first and second side edges;
a compression surface located one the first side edge of the support member, the compression surface being configured to engage a compression piston that applies a compressive force to the compression surface;
a first upwardly extending flange that extends upward from the first side edge of the support member, wherein the first upwardly extending flange extends along at least a central portion of the first side edge of the support member; and
a screening surface that is attached to a top surface of the flow through area to form the screening assembly.
Claim 1: “A screen assembly for separating materials, comprising:
a support member including:
a flow through area surrounded by front and rear edges and first and second side edges of the support member, wherein a plurality of flow through apertures are located in the flow through area, each flow through aperture passing though the support member from a top surface to a bottom surface of the flow through area;
a first plurality of mounting apertures located on the first side edge of the support member, each of the first plurality of mounting apertures extending inward from the first side edge towards a centerline of the support member and including at least one compression surface;
a second plurality of mounting apertures located on the second side edge of the support member, each of the second plurality of mounting apertures extending inward from the second side edge towards the centerline of the support member and including at least one compression surface; and
first and second upwardly extending flanges that extend upward from the first and second side edges, respectively, of the support member; and
a screening surface that is attached to the top surface of the flow through area to form the screening assembly.”
45. The screen assembly of claim 41, further comprising a mounting aperture located along the first side edge of the support member, the aperture extending inward from the first side edge towards a centerline of the support member, and wherein the mounting aperture includes the compression surface.
Claim 1: “a first plurality of mounting apertures located on the first side edge of the support member, each of the first plurality of mounting apertures extending inward from the first side edge towards a centerline of the support member and including at least one compression surface”
46. The screen assembly of claim 45, wherein the mounting aperture further comprises an alignment slot that extends from the compression surface of the mounting aperture inward towards the centerline of the support member.
Claim 4: “The screen assembly of claim 1, wherein each of the first plurality of mounting apertures and the second plurality of mounting apertures further comprises an alignment slot that extends from a compression surface of the mounting aperture inward towards the centerline of the support member.”
47. The screen assembly of claim 46, wherein the mounting aperture comprises first and second compression surfaces located on opposite sides of the alignment slot of the mounting aperture.
Claim 5: “The screen assembly of claim 4, wherein each at least one compression surface of each of the first plurality and the second pluralities of mounting apertures comprises first and second compression surfaces located on opposite sides of the alignment slot.”
48. The screen assembly of claim 41, further comprising a second upwardly extending flange that extends upward from the second side edge of the support member.
Claim 1: “first and second upwardly extending flanges that extend upward from the first and second side edges, respectively, of the support member”
49. The screen assembly of claim 41, wherein each of the plurality of flow through apertures passes though the support member from a top surface to a bottom surface of the flow through area.
Claim 1: “wherein a plurality of flow through apertures are located in the flow through area, each flow through aperture passing though the support member from a top surface to a bottom surface of the flow through area”
50. The screen assembly of claim 41, wherein the screen assembly is configured to be mounted on a screening machine having a compression piston that bears against the compression surface to secure the screen assembly to the screening machine, and wherein the support member is configured to preferentially flex into a concave shape in which a center of the support member is lower than the first and second side edges of the support member when the compression piston of the screening machine applies a compressive force to the compression surface.
Claim 6: “The screen assembly of claim 1, wherein the screen assembly is configured to be mounted on a vibratory screening machine having compression pistons that bear against the compression surfaces of the first and second plurality of mounting apertures to secure the screen assembly to the vibratory screening machine, and wherein the support member is configured to preferentially flex into a concave shape in which a center of the support member is lower than the first and second side edges of the support member when the compression pistons of the vibratory screening machine apply compressive forces to the compression surfaces.”
Allowable Subject Matter
Claims 31-41 and 45-50 would be allowable if rewritten or amended to overcome the double patenting rejection set forth in this Office Action.
Claims 42-44 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 31 recites “a mounting aperture located on the first side edge of the support member, the mounting aperture including at least one compression surface configured to receive a compression force used to secure the screen assembly to a screening machine; a first upwardly extending flange that extends upward from the first side edge of the support member; and an access aperture provided in the first upwardly extending flange, wherein the mounting aperture is aligned with the access aperture” wherein this limitation, in combination with the remaining limitations of claim 31, was not seen in the searched prior art.
Claim 41 recites “a compression surface located one the first side edge of the support member, the compression surface being configured to engage a compression piston that applies a compressive force to the compression surface; a first upwardly extending flange that extends upward from the first side edge of the support member, wherein the first upwardly extending flange extends along at least a central portion of the first side edge of the support member” wherein this limitation, in combination with the remaining limitations of claim 41, was not seen in the searched prior art.
Claims 32-40 and 42-50 would be allowed as they are dependent upon claims 31 and 41.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wodjciechowski et al. (US 2009/0321328) teaches an upwardly extending flange that extends along the outer portion of the side edge of the support member, wherein a compressive force is applied to the side members to urge the side members toward each other.
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/MOLLY K DEVINE/ Examiner, Art Unit 3653
