Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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 Terminal Disclaimer may be filled out completely online using web-screens. A Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about Terminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US 12,280,529 (Dilworth et al.).
Claim 1 in application are similar with claim 10 in US 12,280,529.
Claim 2 in application are similar with claim 11 in US 12,280,529.
Claim 3 in application is disclosed in claim 18 in US 12,280,529.
However, claim 18 in US 12,280,529 does not disclose first and second ends of the housing (i.e., an upper housing and a lower housing). In claim 11 of US 12,280,529, a mounting tube (or housing) having a first end and a second end. It would have been obvious to one of ordinary skill in the art to combine each of these embodiments into the claimed features.
Claim 4 in application are similar with claim 10 in US 12,280,529.
Claim 5 in application are similar with claim 17 in US 12,280,529.
Claim 6 in application are similar with claim 3 in US 12,280,529.
Claim 7 in application are similar with claim 19 in US 12,280,529.
Claim 8 in application are similar with claim 10 in US 12,280,529.
Claim 9 in application are similar with claim 1 in US 12,280,529.
Claim 10 in application are similar with claim 5 in US 12,280,529.
Claim 11 in application are similar with claim 6 in US 12,280,529.
Claim 12 in application are similar with claim 7 in US 12,280,529.
Claim 13 in application are similar with claim 7 in US 12,280,529.
Claim 14 in application are similar with claim 20 in US 12,280,529.
Claim 15 in application are similar with claim 7 in US 12,280,529.
Claim 16 in application are similar with claim 8 in US 12,280,529.
Claim 17 in application are similar with claim 8 in US 12,280,529.
Claim 18 in application is disclosed in claim 10 in US 12,280,529.
However, claim 10 in US 12,280,529 does not disclose a second sensor. In claim 14 of US 12,280,529, a second sensor coupled to the housing. It would have been obvious to one of ordinary skill in the art to combine each of these embodiments into the claimed features.
Claim 19 in application is disclosed in claim 14 in US 12,280,529.
However, claim 14 in US 12,280,529 does not disclose first and second ends of the housing. In claim 11 of US 12,280,529, a mounting tube having a first end and a second end. It would have been obvious to one of ordinary skill in the art to combine each of these embodiments into the claimed features.
Claim 20 in application is disclosed in claim 1 in US 12,280,529.
However, claim 1 in US 12,280,529 does not disclose a motor. In claim 20 of US 12,280,529, a gear is driven by a motor. It would have been obvious to one of ordinary skill in the art to combine each of these embodiments into the claimed features.
Although the claims at issue are not identical, they are not patentably distinct from each other because both inventions using the same steps of providing sheet molding forming the semi-crystalline articles.
This is a provisional obvious nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIBIN LIANG whose telephone number is (571)272-8811. The examiner can normally be reached on M-F 8:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison L Hindenlang can be reached on 571 270 7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIBIN LIANG/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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