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 .
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,330,548. This is a statutory double patenting rejection.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Farrell et al. (5,678,969). The claimed dunnage bag reads on the air bag of Farrell. Note the embodiment of Figs 5-7. Accordingly, see especially column 4 line 44 through column 6 line 3. Thus, with particular reference to column 5 lines 19-23 and Fig. 5, the claimed first stripe can be the area between the inner end 56 of a marking line 44a and the corresponding side seam 38 or 40 of the bag (this area is half of the area 52 described in the reference). Or, the claimed first stripe can be the entire area 52 between the inner ends 56 of corresponding marking lines 44a and 45a on opposite faces of the bag at one side of the bag, as described in Farrell. As also required in claim 1 the claimed first stripe extends from a first edge (top seam 34) of the bag surface on which the stripe is disposed to a second edge (bottom seam 36) of the bag surface on which the stripe is disposed.
As described in Farrell beginning at column 5 line 45 (and as is apparent from Figs 6-7), as the bag is inflated and expands, a greater width of the first stripe is visible until edges 56 of the two marking lines 44a and 45a on opposite faces of the bag at one side of the bag are visible, the visibility of these edges 56 indicating the maximum safe inflation pressure of the bag. Accordingly, it is believed to be apparent how the remaining limitations in the first paragraph of claim 1 are met by Farell. Additionally, it is believed to also be apparent that the claimed second stripe is met by either of the above noted marking lines 44a and 45a. As the Farrell bag is inflated past the point where edges 56 are visible (indicating the maximum safe inflation pressure), the more of a width of marking lines 44a and 45a will be visible. Therefore, the greater the width of marking lines 44a and 45a that is visible, the greater the indication of an amount by which the inflation pressure has exceeded the safe inflation pressure, as required at the end of claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB K ACKUN whose telephone number is (571)272-4418. The examiner can normally be reached Monday-Thursday 11am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB K ACKUN/Primary Examiner, Art Unit 3736
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