Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 19/231,082 and filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims1-20 of U.S. Patent No. 12,357,085. Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite a blow molded tabletop with a lip and a frame mounting portion connected to a frame.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,730,262. Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite a blow molded tabletop with a lip and a frame mounting portion connected to a frame.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication 2018/0064242 to Tsai.
Tsai teaches
1. A blow-molded plastic structure constructed using a blow-molding process, the blow-molded plastic structure comprising: a tabletop (10) including an upper surface, a lower surface, and a hollow interior portion disposed between the upper surface and the lower surface of the tabletop; a lip (112) extending downwardly relative to the lower surface of the tabletop, the lip including an outer surface and an inner surface; a frame mounting portion (111) extending inwardly from the inner surface of the lip, the frame mounting portion including a hollow interior portion (as best seen in figures 3-5) formed during the blow-molding process, the frame mounting portion, the lip, and the tabletop being integrally formed as part of a unitary, one-piece structure (par 42); and a frame (30) connected to the frame mounting portion.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent 10,932,560 to Leng.
Leng teaches
1. A blow-molded plastic structure constructed using a blow-molding process, the blow-molded plastic structure comprising: a tabletop (11,11) including an upper surface, a lower surface, and a hollow interior portion disposed between the upper surface and the lower surface of the tabletop; a lip (112) extending downwardly relative to the lower surface of the tabletop, the lip including an outer surface and an inner surface; a frame mounting portion (124) extending inwardly from the inner surface of the lip, the frame mounting portion including a hollow interior portion (as best seen in figure 4) formed during the blow-molding process, the frame mounting portion, the lip, and the tabletop being integrally formed as part of a unitary, one-piece structure (par 2); and a frame (13) connected to the frame mounting portion.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication 2005/0155531 to Chang.
Chang teaches
1. A blow-molded plastic structure constructed using a blow-molding process, the blow-molded plastic structure comprising: a tabletop (10) including an upper surface, a lower surface, and a hollow interior portion disposed between the upper surface and the lower surface of the tabletop; a lip (15) extending downwardly relative to the lower surface of the tabletop, the lip including an outer surface and an inner surface; a frame mounting portion (121) extending inwardly from the inner surface of the lip, the frame mounting portion including a hollow interior portion (as best seen in figure 5) formed during the blow-molding process, the frame mounting portion, the lip, and the tabletop being integrally formed as part of a unitary, one-piece structure (figure 4 and 5); and a frame (31) connected to the frame mounting portion.
2. wherein the frame mounting portion contacts the lower surface of the tabletop; and wherein a lower portion of the frame mounting portion is spaced apart from a lower portion of the lip (as best seen in figure 5).
3. wherein the inner surface of the lip includes an upper portion proximate the lower surface of the tabletop, a lower portion spaced apart from the lower surface of the tabletop, and an intermediate portion disposed between the upper portion and the lower portion; wherein the frame mounting portion is at least partially disposed in the upper portion of the inner surface of the lip and the intermediate portion of the inner surface of the lip; and wherein the frame mounting portion is spaced apart a lower portion of the lip (as best seen in figures 3-5).
4. wherein the frame includes a receiving portion (space between the flap 37 and the wall as best seen in figures 4 and 5) that is sized and configured to receive the frame mounting portion, the frame including a first portion (36) that supports the lower surface of the table top, the frame including a second portion (35) that supports a lower portion of the lip (as best seen in figure 5).
5. further comprising a hollow interior portion of the frame mounting portion (as best seen in figure 5), the hollow interior portion of the frame mounting portion in fluid communication with the hollow interior portion of the tabletop during the blow-molding process.
6. further comprising a receiving portion (space between the flap 37 and the wall as best seen in figures 4 and 5) of the frame that receives the frame mounting portion, the frame including an upper portion that supports the lower surface of the tabletop proximate the frame mounting portion, the frame including an outer portion that supports at least a portion of the lip proximate the frame mounting portion (as best seen in figure 5).
7. wherein an upper portion (36) of the frame is disposed in a frame receiving recess (as best seen in figures 3-5) in the lower surface of the tabletop; wherein the frame encloses the frame mounting portion; and wherein a lower portion of the member is generally aligned with a lower portion of the lip (as best seen in figure 5).
8. further comprising a receiving portion (space between the flap 37 and the wall as best seen in figures 4 and 5) of the frame that is sized and configured to receive the frame mounting portion, the receiving portion having a generally L-shaped configuration (as best seen in figure 5) with a first surface (31) disposed at least proximate a first side (121) of the frame mounting portion and a second surface (35) disposed at least proximate a second side (adjacent to the shoulder 17) of the frame mounting portion.
9. wherein a height of the frame mounting portion is less than a height of the lip (due to the shoulder 17).
10. wherein an upper surface ( 36) of the frame contacts the lower surface of the tabletop ()as best seen in figures 3-5); wherein a first surface of a receiving portion of the frame contacts a first surface of the frame mounting portion; wherein a second surface of the receiving portion of the frame contacts a second surface of the frame mounting portion; and wherein an outer surface of the frame contacts the inner surface of the lip (as best seen in figure 5).
11. A molded plastic structure comprising: a tabletop (10) including an upper surface and a lower surface; a lip (15) extending downwardly relative to the lower surface of the tabletop, the lip including an outer surface and an inner surface; a frame mounting portion (121) extending inwardly from the inner surface of the lip, the frame mounting portion spaced apart from a lower portion of the lip by a distance (as best seen in figure 5); a frame (31) sized and configured to support at least a portion of the tabletop; and a receiving portion (space between the flap 37 and the wall as best seen in figures 4 and 5) in the frame that receives the frame mounting portion.
12. wherein a first portion of the receiving portion contacts a first portion of the frame mounting portion; and wherein a second portion of the receiving portion contacts a second portion of the frame mounting portion (as best seen I figure 5).
13. wherein a fastener (40) extends through a first wall (31) of the frame, a second wall (37) of the frame, and into the frame mounting portion to connect the frame to the tabletop (as best seen in figure 5).
14. wherein a first portion of the frame mounting portion has a generally planar surface and a second portion of the frame mounting portion has a generally planar surface; and wherein a first portion of the frame has a generally planar surface and a second portion of the frame has a generally planar surface, the generally planar surface of the first portion of the frame disposed at least proximate the first portion of the frame mounting portion, the generally planar surface of the second portion of the frame disposed at least proximate the second portion of the frame mounting portion (as best seen in figure 5).
15. wherein the tabletop, the lip, and the frame mounting portion are integrally formed as part of a unitary, one-piece structure during a molding process (as best seen in figures 1-5).
16. wherein a height of the frame mounting portion is less than a height of the lip (as best seen in figures 4s 3-5, the shoulder 17 accounts for the difference); wherein an outer surface of the frame supports a lower portion of the lip; and wherein a lower surface of the frame is generally aligned with a lower portion of the lip (as best seen in figure 5).
17wherein an upper portion (36) of the frame is disposed in a frame receiving recess (as best seen in figures 3-5) in the lower surface of the tabletop; wherein the receiving portion of the frame encloses the frame mounting portion; and wherein a lower portion (35)of the frame is generally aligned with a lower portion of the lip (as best seen in figure 5).
18. wherein the receiving portion of the frame has a generally L-shaped (as best seen in figure 5) configuration with a first surface (31) disposed at least proximate a first side (121) of the frame mounting portion and a second surface (35) disposed at least proximate a second side (portion adjacent to the shoulder 17) of the frame mounting portion.
19. further comprising: a first opening (39) in an inner surface of the frame; a second opening (38) in an outer side wall of the frame; and a fastener (40) extending through the first opening and the second opening in the frame, the fastener is connected to the frame mounting portion (as best seen in figure 4 and 5).
20. wherein a first surface (36) of the frame contacts the lower surface of the tabletop; wherein a first surface (backside of the wall 31) of a receiving portion of the frame contacts a (inner side of the wall 121) first surface of the frame mounting portion; wherein a second surface (37) of the receiving portion of the frame contacts a second surface (portion around the opening 14 as best seen in figures 4 and 5) of the frame mounting portion; and wherein a second surface (35) of the frame contacts the inner surface of the lip (shoulder portion 17, as best seen in figure 5).
Claim(s) 1-7, 9-12, and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 8,347,795 to Peery.
Peery teaches
1. A blow-molded plastic structure constructed using a blow-molding process, the blow-molded plastic structure comprising: a tabletop (200) including an upper surface, a lower surface, and a hollow interior portion disposed between the upper surface and the lower surface of the tabletop; a lip (20) extending downwardly relative to the lower surface of the tabletop, the lip including an outer surface and an inner surface; a frame mounting portion (220 or wall defining v slot 214) extending inwardly from the inner surface of the lip, the frame mounting portion including a hollow interior portion (as best seen in figure 18) formed during the blow-molding process, the frame mounting portion, the lip, and the tabletop being integrally formed as part of a unitary, one-piece structure (col 3, lines 19-41); and a frame (204) connected to the frame mounting portion.
2. wherein the frame mounting portion contacts the lower surface of the tabletop; and wherein a lower portion of the frame mounting portion is spaced apart from a lower portion of the lip (as best seen in figure 18).
3. wherein the inner surface of the lip includes an upper portion proximate the lower surface of the tabletop, a lower portion spaced apart from the lower surface of the tabletop, and an intermediate portion disposed between the upper portion and the lower portion; wherein the frame mounting portion is at least partially disposed in the upper portion of the inner surface of the lip and the intermediate portion of the inner surface of the lip; and wherein the frame mounting portion is spaced apart a lower portion of the lip (as best seen in figure 18).
4. wherein the frame includes a receiving portion (222) that is sized and configured to receive the frame mounting portion, the frame including a first portion (tip of the v of the frame) that supports the lower surface of the table top, the frame including a second portion (202) that supports a lower portion of the lip.
5. further comprising a hollow interior portion of the frame mounting portion, the hollow interior portion of the frame mounting portion in fluid communication with the hollow interior portion of the tabletop during the blow-molding process (as best seen in figure 18).
6. further comprising a receiving portion (222) of the frame that receives the frame mounting portion, the frame including an upper portion that supports the lower surface of the tabletop proximate the frame mounting portion, the frame including an outer portion that supports at least a portion of the lip proximate the frame mounting portion.
7. wherein an upper portion (tip of the v of the frame) of the frame is disposed in a frame receiving recess (214) in the lower surface of the tabletop; wherein the frame encloses the frame mounting portion; and wherein a lower portion of the member is generally aligned with a lower portion (110) of the lip (as best seen in figures 14-18).
9. wherein a height of the frame mounting portion is less than a height of the lip (as best seen in figures 15-18).
10. wherein an upper surface of the frame contacts the lower surface of the tabletop; wherein a first surface of a receiving portion of the frame contacts a first surface of the frame mounting portion; wherein a second surface of the receiving portion of the frame contacts a second surface of the frame mounting portion; and wherein an outer surface of the frame contacts the inner surface of the lip (as best seen in figures 14-18).
11. A molded plastic structure comprising: a tabletop (200) including an upper surface and a lower surface; a lip (20) extending downwardly relative to the lower surface of the tabletop, the lip including an outer surface and an inner surface; a frame mounting portion (220) extending inwardly from the inner surface of the lip, the frame mounting portion spaced apart from a lower portion of the lip by a distance (as best seen in figure 18); a frame (204) sized and configured to support at least a portion of the tabletop; and a receiving portion (222) in the frame that receives the frame mounting portion.
12. wherein a first portion of the receiving portion contacts a first portion of the frame mounting portion; and wherein a second portion of the receiving portion contacts a second portion of the frame mounting portion (as best seen in figure 18).
14. wherein a first portion of the frame mounting portion has a generally planar surface and a second portion of the frame mounting portion has a generally planar surface; and wherein a first portion of the frame has a generally planar surface and a second portion of the frame has a generally planar surface, the generally planar surface of the first portion of the frame disposed at least proximate the first portion of the frame mounting portion, the generally planar surface of the second portion of the frame disposed at least proximate the second portion of the frame mounting portion (as best seen in figures 14-18).
15. wherein the tabletop, the lip, and the frame mounting portion are integrally formed as part of a unitary, one-piece structure during a molding process (col 3, lines 19-41).
16. wherein a height of the frame mounting portion is less than a height of the lip; wherein an outer surface of the frame supports a lower portion of the lip; and wherein a lower surface of the frame is generally aligned with a lower portion of the lip (as best seen in figures 14-18).
17. wherein an upper portion of the frame is disposed in a frame receiving recess (214) in the lower surface of the tabletop; wherein the receiving portion of the frame encloses the frame mounting portion; and wherein a lower portion of the frame is generally aligned with a lower portion of the lip (as best seen in figure 14).
18. wherein the receiving portion of the frame has a generally L-shaped configuration with a first surface disposed at least proximate a first side of the frame mounting portion and a second surface disposed at least proximate a second side of the frame mounting portion.
20. wherein a first surface of the frame contacts the lower surface of the tabletop; wherein a first surface of a receiving portion of the frame contacts a first surface of the frame mounting portion; wherein a second surface of the receiving portion of the frame contacts a second surface of the frame mounting portion; and wherein a second surface of the frame contacts the inner surface of the lip (as best seen in figures 14-18).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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/TIMOTHY M AYRES/Examiner, Art Unit 3637
