DETAILED ACTION
This is the First Office Action on the Merits based on the 19/221,572 application filed on 05/29/2025 and which claims as originally filed have been considered in the ensuing 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 .
Priority
The instant application is a continuation of application 19/055,515 filed 02/18/2025, now US Patent 12,377,315, which claims foreign priority.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN2024109281894, filed on 07/10/2024.
Accordingly, the instant application has priority to 07/10/2024.
Claim Objections
Claim 16 is objected to because of the following informalities:
on line 3, “east” should be corrected to ---at least---
Claim 19 is objected to because of the following informalities:
on line 1, “east” should be corrected to ---at least---
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.
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 1-18 and 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 9, 11 and 16-17 of U.S. Patent No. 19/221,572. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Instant application 19/221,572
US Patent 12,377,315
Claim
Limitation
Claim
Limitation
1
A hand grip ring comprising a gripper ring body which comprises: a first gripping portion group which comprises two gripping portions at two opposite sides of a center of the gripper ring body; and a second gripping portion group which comprises two gripping portions at two opposite sides of the center of the gripper ring body, wherein the first gripping portion group and the second gripping portion group have different elastic characteristics.
1
A hand grip ring comprising a gripper ring body which comprises: a first gripping portion group which comprises two gripping portions at two opposite sides of a center of the gripper ring body; and a second gripping portion group which comprises two gripping portions at two opposite sides of the center of the gripper ring body…wherein the first gripping portion group and the second gripping portion group have different elastic characteristics
2
the first gripping portion group and the second gripping group are arranged to allow a user to grip in two directions which are perpendicular to each other.
1
wherein the first gripping portion group and the second gripping group are arranged to allow a user to grip in two directions which are perpendicular to each other.
3
the two gripping portions of at least one of the first gripping portion group and the second gripping group have concave grooves at an inner side thereof respectively to guide deformation of the two gripping portions.
1
wherein the two gripping portions of at least one of the first gripping portion group and the second gripping group have concave grooves at an inner side thereof respectively to guide deformation of the two gripping portions
4
the two gripping portions of at least one of the first gripping portion group and the second gripping group have concave grooves at an inner side thereof respectively to guide deformation of the two gripping portions.
1
the two gripping portions of at least one of the first gripping portion group and the second gripping group have concave grooves at an inner side thereof respectively to guide deformation of the two gripping portions
5
the two gripping portions of each of the first gripping portion group and the second gripping group have concave grooves at an inner side thereof respectively.
2
the two gripping portions of each of the first gripping portion group and the second gripping group have concave grooves at an inner side thereof respectively.
6
each of the two gripping portions of the first gripping portion group has a centerline, each of the two gripping portions of the second gripping group has a centerline, wherein when said first gripping portion group is griped and pressed along a first direction passing through the centerlines of the two gripping portions of the first gripping portion group, the two gripping portions of the second gripping group are respectively folded with respect to a second direction passing through the centerlines of the two gripping portions of the second gripping group to reduce the corresponding concave grooves.
3
each of the two gripping portions of the first gripping portion group has a centerline, each of the two gripping portions of the second gripping group has a centerline, wherein when said first gripping portion group is griped and pressed along a first direction passing through the centerlines of the two gripping portions of the first gripping portion group, the two gripping portions of the second gripping group are respectively folded with respect to a second direction passing through the centerlines of the two gripping portions of the second gripping group to reduce the corresponding concave grooves, wherein when said second gripping group is griped and pressed along the second direction passing through the centerlines of the two gripping portions of the second gripping group, the two gripping portions of the first gripping portion group are respectively folded with respect to the first direction passing through the centerlines of the two gripping portions of the first gripping portion group to reduce the corresponding concave grooves.
7
each of the two gripping portions of the first gripping portion group has a centerline, each of the two gripping portions of the second gripping group has a centerline, wherein when said first gripping portion group is griped and pressed along a first direction passing through the centerlines of the two gripping portions of the first gripping portion group, the two gripping portions of the second gripping group are respectively folded with respect to a second direction passing through the centerlines of the two gripping portions of the second gripping group to reduce the corresponding concave grooves, wherein when said second gripping group is griped and pressed along the second direction passing through the centerlines of the two gripping portions of the second gripping group, the two gripping portions of the first gripping portion group are respectively folded with respect to the first direction passing through the centerlines of the two gripping portions of the first gripping portion group to reduce the corresponding concave grooves.
3
each of the two gripping portions of the first gripping portion group has a centerline, each of the two gripping portions of the second gripping group has a centerline, wherein when said first gripping portion group is griped and pressed along a first direction passing through the centerlines of the two gripping portions of the first gripping portion group, the two gripping portions of the second gripping group are respectively folded with respect to a second direction passing through the centerlines of the two gripping portions of the second gripping group to reduce the corresponding concave grooves, wherein when said second gripping group is griped and pressed along the second direction passing through the centerlines of the two gripping portions of the second gripping group, the two gripping portions of the first gripping portion group are respectively folded with respect to the first direction passing through the centerlines of the two gripping portions of the first gripping portion group to reduce the corresponding concave grooves.
8
an area size of a cross section along the centerline of each of the two gripping portions of the first gripping portion group is different from an area size of a cross section along the centerline of each of the two gripping portions of the second gripping group.
9
an area size of a cross section along the centerline of each of the two gripping portions of the first gripping portion group is different from an area size of a cross section along the centerline of each of the two gripping portions of the second gripping group.
9
an inner surface of each of the two gripping portions of the first gripping portion group and the second gripping portion group has a valley position, two peak position at two sides of the valley position, two transition surfaces each is extended between the valley position and the corresponding peak position to define the corresponding concave groove.
4
an inner surface of each of the two gripping portions of the first gripping portion group and the second gripping portion group has a valley position, two peak position at two sides of the valley position, two transition surfaces each is extended between the valley position and the corresponding peak position to define the corresponding concave groove.
10
each of the two gripping portions of the first gripping portion group comprises a gripping body and a protruding portion integrally extended from the gripping body to define the corresponding concave groove.
16
each of the two gripping portions of the first gripping portion group comprises a gripping body and a protruding portion integrally extended from the gripping body to define the corresponding concave groove.
11
one or more gripping portion group each comprising two gripping portions arranged between the first gripping portion group and the second gripping portion group.
17
one or more gripping portion group each comprising two gripping portions arranged between the first gripping portion group and the second gripping portion group.
12
a third gripping portion group each comprising two gripping portions arranged opposite to each other and a fourth gripping portion group each comprising two gripping portions arranged opposite to each other, wherein the two gripping portions of the third gripping portion group has a concave groove defined between one peak position of the first gripping portion group and one adjacent peak position of the second gripping group.
5
a third gripping portion group each comprising two gripping portions arranged opposite to each other and a fourth gripping portion group each comprising two gripping portions arranged opposite to each other, wherein the two gripping portions of the third gripping portion group has a concave groove defined between one peak position of the first gripping portion group and one adjacent peak position of the second gripping group.
13
a third gripping portion group each comprising two gripping portions arranged opposite to each other and a fourth gripping portion group each comprising two gripping portions arranged opposite to each other, wherein the two gripping portions of the third gripping portion group has a concave groove defined between one peak position of the first gripping portion group and one adjacent peak position of the second gripping group.
5
a third gripping portion group each comprising two gripping portions arranged opposite to each other and a fourth gripping portion group each comprising two gripping portions arranged opposite to each other, wherein the two gripping portions of the third gripping portion group has a concave groove defined between one peak position of the first gripping portion group and one adjacent peak position of the second gripping group.
14
a groove depth of the concave groove of each gripping portion of each of the third gripping portion group and the fourth gripping portion group is larger than a groove depth of the concave groove of each gripping portion of each of the first gripping portion group and the second griping group.
6
a groove depth of the concave groove of each gripping portion of each of the third gripping portion group and the fourth gripping portion group is larger than a groove depth of the concave groove of each gripping portion of each of the first gripping portion group and the second griping group.
15
A hand grip ring comprising a gripper ring body, wherein at least one concave groove is formed at an inner side of the gripper ring body to guide deformation of the gripper ring body.
1
A hand grip ring comprising a gripper ring body which comprises: ….wherein the two gripping portions of at least one of the first gripping portion group and the second gripping group have concave grooves at an inner side thereof respectively to guide deformation of the two gripping portions…
16
the gripper ring body comprises a first gripping portion group which comprises two gripping portions at two opposite sides of a center of the gripper ring body, wherein the east one concave groove comprises a first concave groove and a second concave groove formed at inner sides of the two gripping portions of the first gripping portion group respectively.
1
a first gripping portion group which comprises two gripping portions at two opposite sides of a center of the gripper ring body; and a second gripping portion group which comprises two gripping portions at two opposite sides of the center of the gripper ring body…
The inner grooves are discussed in claim 1 above
17
the gripper ring body further comprises a second gripping portion group which comprises two gripping portions at two opposite sides of the center of the gripper ring body, wherein the first gripping portion group and the second gripping group are arranged to allow a user to grip in two directions which are perpendicular to each other.
1
wherein the first gripping portion group and the second gripping group are arranged to allow a user to grip in two directions which are perpendicular to each other.
18
the first gripping portion group and the second gripping portion group have different elastic characteristics.
1
wherein the first gripping portion group and the second gripping portion group have different elastic characteristics;
20
the first gripping portion group and the second gripping group are configured to be of different materials, different volumes, or different densities.
11
the first gripping portion group and the second gripping group are configured to be of different materials, different volumes, or different densities.
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.
Claims 1, 2, and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murphy (US 2023/0277897).
Regarding claim 1:
Murphy discloses hand grip ring comprising a gripper ring body which comprises: a first gripping portion group (see annotated Fig. below) which comprises two gripping portions at two opposite sides of a center of the gripper ring body; and a second gripping portion group (see annotated Fig. below) which comprises two gripping portions at two opposite sides of the center of the gripper ring body, wherein the first gripping portion group and the second gripping portion group have different elastic characteristics (the first and second gripping portion groups have different thicknesses, which would create different elastic characteristics).
[AltContent: textbox (Gripping body)][AltContent: arrow][AltContent: textbox (Protruding portion created a concave groove)][AltContent: arrow][AltContent: textbox (Second gripping portion group)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First gripping portion group)][AltContent: arrow][AltContent: arrow]
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Regarding claim 2:
Murphy discloses that the first gripping portion group and the second gripping group are arranged to allow a user to grip in two directions which are perpendicular to each other (see annotated Fig. above).
Regarding claim 10:
Murphy discloses that each of the two gripping portions of the first gripping portion group comprises a gripping body and a protruding portion integrally extended from the gripping body to define a concave groove (see annotated Fig. above).
Regarding claim 11:
Murphy discloses that one or more gripping portion group each comprising two gripping portions arranged between the first gripping portion group and the second gripping portion group (lacking any other structural or functional limitation, any other areas on the device can be gripped and therefore can be considered one or more gripping portion groups).
Regarding claim 12:
Murphy discloses that a third gripping portion group each comprising two gripping portions arranged opposite to each other and a fourth gripping portion group each comprising two gripping portions arranged opposite to each other(lacking any other structural or functional limitation, any other areas on the device can be gripped and therefore can be considered one or more gripping portion groups).
Claims 1-4 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murphy (US 2023/0277897), in a different interpretation.
Regarding claim 1:
Murphy, in a different interpretation of the prior art, discloses hand grip ring comprising a gripper ring body which comprises: a first gripping portion group (see annotated Fig. below) which comprises two gripping portions at two opposite sides of a center of the gripper ring body; and a second gripping portion group (see annotated Fig. below) which comprises two gripping portions at two opposite sides of the center of the gripper ring body, wherein the first gripping portion group and the second gripping portion group have different elastic characteristics (the first and second gripping portion groups have different thicknesses, which would create different elastic characteristics).
[AltContent: textbox (Inner concave grooves)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second gripping portion group)][AltContent: textbox (First gripping portion group)][AltContent: arrow]
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Regarding claim 3:
Murphy discloses that the two gripping portions of at least one of the first gripping portion group and the second gripping group have concave grooves at an inner side (the grooves are formed on the portions that are considered to be inside of the body of the apparatus) thereof respectively to guide deformation of the two gripping portions.
Regarding claim 4:
Murphy discloses that the two gripping portions of at least one of the first gripping portion group and the second gripping group have concave grooves at an inner side (the grooves are formed on the portions that are considered to be inside of the body of the apparatus) thereof respectively to guide deformation of the two gripping portions.
Regarding claim 11:
Murphy discloses that one or more gripping portion group each comprising two gripping portions arranged between the first gripping portion group and the second gripping portion group (lacking any other structural or functional limitation, any other areas on the device can be gripped and therefore can be considered one or more gripping portion groups).
Regarding claim 12:
Murphy discloses that a third gripping portion group each comprising two gripping portions arranged opposite to each other and a fourth gripping portion group each comprising two gripping portions arranged opposite to each other(lacking any other structural or functional limitation, any other areas on the device can be gripped and therefore can be considered one or more gripping portion groups).
Claims 15-17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (CN 114669024).
Regarding claim 15:
Chen et al disclose a gripper ring body (1), wherein at least one concave groove (13) is formed at an inner side of the gripper ring body to guide deformation of the gripper ring body.
[AltContent: textbox (Second gripping portion group)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First gripping portion group)][AltContent: arrow][AltContent: arrow]
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Regarding claim 16:
Chen et al disclose that the gripper ring body comprises a first gripping portion group (see annotated Fig. above) which comprises two gripping portions at two opposite sides of a center of the gripper ring body, wherein the east one concave groove comprises a first concave groove and a second concave groove formed at inner sides of the two gripping portions of the first gripping portion group respectively (see Fig. 1).
Regarding claim 17:
Chen et al disclose that the gripper ring body further comprises a second gripping portion group (see annotated Fig. above) which comprises two gripping portions at two opposite sides of the center of the gripper ring body, wherein the first gripping portion group and the second gripping group are arranged to allow a user to grip in two directions which are perpendicular to each other (see Fig. 1).
Regarding claim 19:
Chen et al disclose that the at least one concave groove comprises a third concave groove and a fourth concave groove formed at inner sides of the two gripping portions of the second gripping portion group respectively (see Fig .1).
Examiner’s Note
All claims are rejected under at least double patenting or an art rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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/Megan Anderson/Primary Examiner, Art Unit 3784
Prosecution Insights