DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on March 13, 2023 in which claims 1-4, 6-8, 10-14, 16-18 and 20 are presented for examination. Claims 5, 9, 15 and 19 have been withdrawn.
Election/Restrictions
Claims 5, 9, 15 and 19 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species and Sub-Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 13, 2026.
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, 11 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and dependent claims of U.S. Patent No. 12,376,642. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 11 and dependent claims are anticipated by the conflicting patented claims 1, 11 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 12,376,642
1. (Original) An article comprising:
a bladder including
a first barrier element attached to a second barrier element to define a chamber having an interior void; and
a plurality of locking elements disposed within the interior void and
each attached to at least one of the first barrier element and the second barrier element,
each of the locking elements including an interface surface operable to selectively engage an interface surface of another one of the locking elements.
1. A locking structure for an article, the locking structure comprising:
a bladder including
a first barrier element attached to a second barrier element to define a chamber having an interior void; and
a plurality of locking elements disposed within the interior void and
each attached to at least one of the first barrier element and the second barrier element,
each of the locking elements including an interface surface operable to selectively engage an interface surface of another one of the locking elements.
2. (Original) The article of Claim 1, wherein each of the locking elements includes an anchor attached to an inner surface of one of the first barrier element and the second barrier element.
2. The locking structure of claim 1, wherein each of the locking elements includes an anchor attached to an inner surface of one of the first barrier element and the second barrier element.
3. (Original) The article of Claim 1, wherein each of the locking elements includes a locking body including the interface surface.
3. The locking structure of claim 1, wherein each of the locking elements includes a locking body including the interface surface.
4. (Original) The article of Claim 3, wherein each of the locking elements includes a pair of interface surfaces disposed on opposite sides of the locking body.
4. The locking structure of claim 3, wherein each of the locking elements includes a pair of interface surfaces disposed on opposite sides of the locking body.
6. (Original) The article of Claim 1, further comprising a port in fluid communication with the interior void.
5. The locking structure of claim 1, further comprising a port in fluid communication with the interior void.
11. (Original) An article comprising:
a bladder including
a first barrier element attached to a second barrier element to define a chamber having an interior void; and
a locking system including locking elements each attached to one of the first barrier element or the second barrier element and including at least one interface surface,
the interior void of the bladder operable between a first pressure to move the locking system to a locked state and
a second pressure to move the locking system to an unlocked state.
6. A locking structure for an article, the locking structure comprising:
a bladder including
a first barrier element attached to a second barrier element to define a chamber having an interior void; and
a locking system including locking elements each attached to one of the first barrier element or the second barrier element and including at least one interface surface,
the interior void of the bladder operable between a first pressure to move the locking system to a locked state and
a second pressure to move the locking system to an unlocked state.
12. (Original) The article of Claim 11, wherein each of the locking elements includes an anchor attached to an inner surface of one of the first barrier element and the second barrier element.
7. The locking structure of claim 6, wherein each of the locking elements includes an anchor attached to an inner surface of one of the first barrier element and the second barrier element.
13. (Original) The article of Claim 11, wherein each of the locking elements includes a locking body including the interface surface.
8. The locking structure of claim 6, wherein each of the locking elements includes a locking body including the interface surface.
14. (Original) The article of Claim 13, wherein each of the locking elements includes a pair of interface surfaces disposed on opposite sides of the locking body.
9. The locking structure of claim 8, wherein each of the locking elements includes a pair of interface surfaces disposed on opposite sides of the locking body.
16. (Original) The article of Claim 11, further comprising a port in fluid communication with the interior void.
10. The locking structure of claim 6, further comprising a port in fluid communication with the interior void.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-4, 6, 11-14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Corrigan et al. (2017/0360590).
Regarding claim 1, Corrigan teaches, An article comprising: a bladder including a first barrier element attached to a second barrier element to define a chamber having an interior void; and a plurality of locking elements disposed within the interior void and each attached to at least one of the first barrier element and the second barrier element, each of the locking elements including an interface surface operable to selectively engage an interface surface of another one of the locking elements (“FIGS. 8A-8C illustrate a shape-formable apparatus 600 according to another embodiment of the present disclosure, employing discontinuous locking sheets 610 comprising discrete solid regions 632, open regions 634, and surfaces 625 configured to face an adjacent locking sheet 610.”, [0143], “By way of example, each locking sheet 610 is illustrated as being directly coupled to the envelope 602, and particularly, an inner surface 605 thereof. Specifically, the top locking sheet 610 is illustrated as being coupled to an upper portion or upper inner surface of the envelope 602, and the bottom locking sheet 610 is illustrated as being coupled to a bottom portion or lower inner surface of the envelope 602.”, [0145], “The top locking sheet 610 can be referred to as a first locking sheet 610 having a plurality of first engagement features 640, and the bottom locking sheet 610 can be referred to as a second locking sheet 610 having a plurality of second engagement features 640 configured to engage the plurality of first engagement features 640. The surfaces 625 are shown by way of example as including the high friction surface, i.e., the engagement features 640, across the entire surface 625; however, as described above, this need not be the case. The engagement features 640 are shown schematically as having triangular cross-sectional shapes, such that engagement features 640 in one locking sheet 610 can inter-engage with engagement features 640 in the other locking sheet 610. Specifically, the engagement features 640 schematically represent engagement features 640 that protrude in the Z direction toward an adjacent locking sheet 610, such that when the locking sheets 610 are brought into contact, the engagement features 640 from one locking sheet 610 will be moved into the openings or spaces between adjacent engagement features 640 in the other locking sheet 610.”, [0147], “In addition, as mentioned above, the islands 632 of the top locking sheet 610 are staggered with respect to the islands 632 of the bottom locking sheet 610, such that one island 632 of the top locking sheet 610 can engage (e.g., inter-engage via mating engagement features 640) two islands 632 of the bottom locking sheet 610, thereby forming one rigid sheet, and enhancing the resulting stiffness of the apparatus 600 in the second state.”, [0152], therefore, An article comprising: a 600 including a first barrier element (“upper portion” of 602) attached to a second barrier element (“bottom portion” of 602) to define a chamber having an interior void; and a plurality of 640 disposed within the interior void and each attached to at least one of the first barrier element (“upper portion” of 602) and the second barrier element (“bottom portion” of 602), each of 640 including an interface surface operable to selectively engage an interface surface of another one of the locking elements, figures 8A-8C).
Regarding claim 2, Corrigan teaches, wherein each of the locking elements includes an anchor attached to an inner surface of one of the first barrier element and the second barrier element (“FIGS. 8A-8C illustrate a shape-formable apparatus 600 according to another embodiment of the present disclosure, employing discontinuous locking sheets 610 comprising discrete solid regions 632, open regions 634, and surfaces 625 configured to face an adjacent locking sheet 610.”, [0143], “For simplicity, only two locking sheets 610 are shown, the top locking sheet 610 including four discrete solid regions, or “islands,” 632, and the bottom locking sheet 610 including five islands that are staggered with respect to the islands 632 in the top locking sheets 610, such that when the top and bottom locking sheets 610 are brought into direct and intimate contact, the two locking sheets 610 inter-engage to essentially form one rigid sheet.”, [0144], therefore, wherein each of 640 includes 632 attached to an inner surface of one of the first barrier element (“upper portion” of 602) and the second barrier element (“lower portion” of 602), figures 8A-8C).
Regarding claim 3, Corrigan teaches, wherein each of the locking elements includes a locking body including the interface surface (“FIGS. 8A-8C illustrate a shape-formable apparatus 600 according to another embodiment of the present disclosure, employing discontinuous locking sheets 610 comprising discrete solid regions 632, open regions 634, and surfaces 625 configured to face an adjacent locking sheet 610.”, [0143], “For simplicity, only two locking sheets 610 are shown, the top locking sheet 610 including four discrete solid regions, or “islands,” 632, and the bottom locking sheet 610 including five islands that are staggered with respect to the islands 632 in the top locking sheets 610, such that when the top and bottom locking sheets 610 are brought into direct and intimate contact, the two locking sheets 610 inter-engage to essentially form one rigid sheet.”, [0144], therefore, wherein each of 640 includes 640/632 including the interface surface of 640, figures 8A-8C).
Regarding claim 4, Corrigan teaches, wherein each of the locking elements includes a pair of interface surfaces disposed on opposite sides of the locking body (“FIGS. 8A-8C illustrate a shape-formable apparatus 600 according to another embodiment of the present disclosure, employing discontinuous locking sheets 610 comprising discrete solid regions 632, open regions 634, and surfaces 625 configured to face an adjacent locking sheet 610.”, [0143], “For simplicity, only two locking sheets 610 are shown, the top locking sheet 610 including four discrete solid regions, or “islands,” 632, and the bottom locking sheet 610 including five islands that are staggered with respect to the islands 632 in the top locking sheets 610, such that when the top and bottom locking sheets 610 are brought into direct and intimate contact, the two locking sheets 610 inter-engage to essentially form one rigid sheet.”, [0144], therefore, wherein each of 640 includes an annotated pair of interface surfaces disposed on opposite sides of 640/632, annotated figure 8B, figures 8A and 8C).
Regarding claim 6, Corrigan teaches, further comprising a port in fluid communication with the interior void (The apparatus 600 includes an envelope 602 that defines a chamber 604, locking sheets 610, a port 615, a connector 622, and a vacuum source 620 that are each shown schematically merely for purposes of illustration. For simplicity, only two locking sheets 610 are shown, the top locking sheet 610 including four discrete solid regions, or “islands,” 632, and the bottom locking sheet 610 including five islands that are staggered with respect to the islands 632 in the top locking sheets 610, such that when the top and bottom locking sheets 610 are brought into direct and intimate contact, the two locking sheets 610 inter-engage to essentially form one rigid sheet.”, [0144], therefore, further comprising 615 in fluid communication with the interior void, figures 8A-8C).
Regarding claim 11, Corrigan teaches, An article comprising: a bladder including a first barrier element attached to a second barrier element to define a chamber having an interior void; and a plurality of locking elements disposed within the interior void and each attached to at least one of the first barrier element and the second barrier element, each of the locking elements including an interface surface operable to selectively engage an interface surface of another one of the locking elements (“FIGS. 8A-8C illustrate a shape-formable apparatus 600 according to another embodiment of the present disclosure, employing discontinuous locking sheets 610 comprising discrete solid regions 632, open regions 634, and surfaces 625 configured to face an adjacent locking sheet 610.”, [0143], “By way of example, each locking sheet 610 is illustrated as being directly coupled to the envelope 602, and particularly, an inner surface 605 thereof. Specifically, the top locking sheet 610 is illustrated as being coupled to an upper portion or upper inner surface of the envelope 602, and the bottom locking sheet 610 is illustrated as being coupled to a bottom portion or lower inner surface of the envelope 602.”, [0145], “The top locking sheet 610 can be referred to as a first locking sheet 610 having a plurality of first engagement features 640, and the bottom locking sheet 610 can be referred to as a second locking sheet 610 having a plurality of second engagement features 640 configured to engage the plurality of first engagement features 640. The surfaces 625 are shown by way of example as including the high friction surface, i.e., the engagement features 640, across the entire surface 625; however, as described above, this need not be the case. The engagement features 640 are shown schematically as having triangular cross-sectional shapes, such that engagement features 640 in one locking sheet 610 can inter-engage with engagement features 640 in the other locking sheet 610. Specifically, the engagement features 640 schematically represent engagement features 640 that protrude in the Z direction toward an adjacent locking sheet 610, such that when the locking sheets 610 are brought into contact, the engagement features 640 from one locking sheet 610 will be moved into the openings or spaces between adjacent engagement features 640 in the other locking sheet 610.”, [0147], “In addition, as mentioned above, the islands 632 of the top locking sheet 610 are staggered with respect to the islands 632 of the bottom locking sheet 610, such that one island 632 of the top locking sheet 610 can engage (e.g., inter-engage via mating engagement features 640) two islands 632 of the bottom locking sheet 610, thereby forming one rigid sheet, and enhancing the resulting stiffness of the apparatus 600 in the second state.”, [0152], “The apparatus 600 is shown in FIG. 8A in a first state. In the first state, the pressure within the chamber 604 can be the same as the pressure outside the chamber 604, i.e., ambient pressure.”, [0150], “After the desired shape has been achieved, the vacuum source 620 can be activated to evacuate the chamber 604, thereby reducing the pressure in the chamber 604 to below ambient pressure. As the chamber 604 is evacuated, the locking sheets 610 are forced into contact with one another, and the desired shape of the apparatus 600 is essentially locked. As shown in FIG. 8C, in embodiments in which the locking sheets 610 include high friction surfaces, and particularly, engagement features 640, the engagement features 640 of one locking sheet 610 can inter-engage with the engagement features 640 on the other locking sheet 610, as described above. Such inter-engagement between adjacent locking sheets 610 can enhance the stiffness or rigidity of the apparatus 600 in the second state.”, [0151], therefore, An article comprising: 600 including a first barrier element (“upper portion” of 602) attached to a second barrier element (“bottom portion” of 602) to define a chamber having an interior void; and a locking system including 640 each attached to one of the first barrier element (“upper portion” of 602) or the second barrier element (“upper portion” of 602) and including at least one interface surface, the interior void of 600 operable between a first pressure to move the locking system to a locked state and a second pressure to move the locking system to an unlocked state, figures 8A-8C).
Regarding claim 12, Corrigan teaches, wherein each of the locking elements includes an anchor attached to an inner surface of one of the first barrier element and the second barrier element (“FIGS. 8A-8C illustrate a shape-formable apparatus 600 according to another embodiment of the present disclosure, employing discontinuous locking sheets 610 comprising discrete solid regions 632, open regions 634, and surfaces 625 configured to face an adjacent locking sheet 610.”, [0143], “For simplicity, only two locking sheets 610 are shown, the top locking sheet 610 including four discrete solid regions, or “islands,” 632, and the bottom locking sheet 610 including five islands that are staggered with respect to the islands 632 in the top locking sheets 610, such that when the top and bottom locking sheets 610 are brought into direct and intimate contact, the two locking sheets 610 inter-engage to essentially form one rigid sheet.”, [0144], therefore, wherein each of 640 includes 632 attached to an inner surface of one of the first barrier element (“upper portion” of 602) and the second barrier element (“lower portion” of 602), figures 8A-8C).
Regarding claim 13, Corrigan teaches, wherein each of the locking elements includes a locking body including the interface surface (“FIGS. 8A-8C illustrate a shape-formable apparatus 600 according to another embodiment of the present disclosure, employing discontinuous locking sheets 610 comprising discrete solid regions 632, open regions 634, and surfaces 625 configured to face an adjacent locking sheet 610.”, [0143], “For simplicity, only two locking sheets 610 are shown, the top locking sheet 610 including four discrete solid regions, or “islands,” 632, and the bottom locking sheet 610 including five islands that are staggered with respect to the islands 632 in the top locking sheets 610, such that when the top and bottom locking sheets 610 are brought into direct and intimate contact, the two locking sheets 610 inter-engage to essentially form one rigid sheet.”, [0144], therefore, wherein each of 640 includes 640/632 including the interface surface of 640, figures 8A-8C).
Regarding claim 14, Corrigan teaches, wherein each of the locking elements includes a pair of interface surfaces disposed on opposite sides of the locking body (“FIGS. 8A-8C illustrate a shape-formable apparatus 600 according to another embodiment of the present disclosure, employing discontinuous locking sheets 610 comprising discrete solid regions 632, open regions 634, and surfaces 625 configured to face an adjacent locking sheet 610.”, [0143], “For simplicity, only two locking sheets 610 are shown, the top locking sheet 610 including four discrete solid regions, or “islands,” 632, and the bottom locking sheet 610 including five islands that are staggered with respect to the islands 632 in the top locking sheets 610, such that when the top and bottom locking sheets 610 are brought into direct and intimate contact, the two locking sheets 610 inter-engage to essentially form one rigid sheet.”, [0144], therefore, wherein each of 640 includes an annotated pair of interface surfaces disposed on opposite sides of 640/632, annotated figure 8B, figures 8A and 8C).
Regarding claim 16, Corrigan teaches, further comprising a port in fluid communication with the interior void (The apparatus 600 includes an envelope 602 that defines a chamber 604, locking sheets 610, a port 615, a connector 622, and a vacuum source 620 that are each shown schematically merely for purposes of illustration. For simplicity, only two locking sheets 610 are shown, the top locking sheet 610 including four discrete solid regions, or “islands,” 632, and the bottom locking sheet 610 including five islands that are staggered with respect to the islands 632 in the top locking sheets 610, such that when the top and bottom locking sheets 610 are brought into direct and intimate contact, the two locking sheets 610 inter-engage to essentially form one rigid sheet.”, [0144], therefore, further comprising 615 in fluid communication with the interior void, figures 8A-8C).
Allowable Subject Matter
Claims 7-8, 10, 17-18 and 20 have not rejected with prior art.
PNG
media_image1.png
297
522
media_image1.png
Greyscale
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
Prosecution Insights