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 status
This action is in response to applicant filed on 04/08/2025. Claims 1-20 are pending for examination.
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-l.isp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,912,378. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 11,912,378 disclose every limitation of claim 1 in the instant application.
17/586,929 (now US 11,912,378)
19/173,315 (instant application)
A visual distress signal device comprising: a housing comprising a cavity having an open top end; a first power source located within the cavity of the housing;
A visual distress signal device comprising: a housing comprising a cavity that is configured to receive a power source;
a plate member having a bottom surface and a top surface that supports a plurality of electromagnetic radiation emitting elements
a plate member that supports a plurality of electromagnetic radiation emitting elements
that are configured to generate electromagnetic radiation and heat when activated, the plate member having a bottom surface (inherent feature). Every electromagnetic magnetic element when activated generate heat and electromagnetic radiation
a heat transfer member in contact with the bottom surface of the plate member
a heat transfer member in contact with the bottom surface of the plate member
a collar coupled to the housing and positioned in contact with the heat transfer member, an outer surface of the collar being exposed to an ambient environment;
a collar that engages the housing to detachably couple the electromagnetic radiation emitting module to the housing, an outer surface of the collar being exposed to an ambient environment;
wherein the heat generated by the electromagnetic radiation emitting elements is configured to be transferred from the plate member to the collar via the heat transfer member
with the collar to transfer heat generated by the plurality of electromagnetic radiation emitting elements from the plate member to the collar
a lens member extending over top of the plate member so that the electromagnetic radiation generated by the electromagnetic radiation emitting elements is emitted through the lens member.
a lens member covering the plurality of electromagnetic radiation emitting elements so that electromagnetic radiation generated by the electromagnetic radiation emitting elements is emitted through the lens member.
Allowable Subject Matter
Claims 1-20 are allowed.
Conclusion
The prior art made of record cited in the PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR CASILLASHERNANDEZ whose telephone number is (571)270-5432. The examiner can normally be reached Monday-Friday, 8:30AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR CASILLASHERNANDEZ/Primary Examiner, Art Unit 2689
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