DETAILED 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 .
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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/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 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,502,330.
Recitations from
U.S. Patent No. 12,370,006
Recitations from
application No. 19/259,662
Claim 1 recites:
A surgical draping system, comprising:
an inferior sheet;
a superior sheet, comprising a superior edge and an inferior edge and overlapping an
overlap area of the inferior sheet; and
a breakable attachment mechanism, comprising at least one strip of material that interconnects the inferior edge of the superior sheet to the inferior sheet about at least part of the overlap area,
wherein the breakable attachment mechanism is configured:
to be broken, and thereby allow the inferior and superior sheets to be separated and removed, upon application of opposing pulling forces at opposing ends of the surgical draping system, and
in such a way that, when the breakable attachment mechanism is broken and the inferior and superior sheets are separated, no portion of the superior edge of the superior sheet
passes over any portion of the inferior sheet without a portion of the inferior edge of the superior sheet intervening therebetween, or
contacts any portion of the inferior
sheet.
Claim 10 recites:
A method for maintaining sterility of a sterile surface, comprising:
covering the sterile surface with a surgical draping system, the surgical draping system
comprising:
an inferior sheet;
a superior sheet, comprising a superior edge and an inferior edge and overlapping
an overlap area of the inferior sheet; and
a breakable attachment mechanism, comprising at least one strip of material that
interconnects the inferior edge of the superior sheet to the inferior sheet about at least part
of the overlap area, wherein the breakable attachment mechanism is configured:
to be broken, and thereby allow the inferior and superior sheets to be separated and removed, upon application of opposing pulling forces at opposing ends of the surgical draping system, and
in such a way that, when the breakable attachment mechanism is broken and the inferior and superior sheets are separated, no portion of the superior edge of the superior sheet
passes over any portion of the inferior sheet without a portion of the inferior edge of the superior sheet intervening therebetween, or
contacts any portion of the inferior sheet.
Claim 1 recites:
A surgical draping system, comprising:
an inferior sheet;
a superior sheet, comprising a superior edge and an inferior edge and overlapping an overlap area of the inferior sheet; and
a breakable attachment mechanism, comprising at least one strip of material that interconnects the inferior edge of the superior sheet to the inferior sheet about at least part of the overlap area,
wherein the breakable attachment mechanism is configured:
to be broken, and thereby allow the inferior and superior sheets to be separated and removed, upon application of opposing pulling forces at opposing ends of the surgical draping system, and
in such a way that, when the breakable attachment mechanism is broken and the inferior and superior sheets are separated, no portion of the superior edge of the superior sheet
passes over any portion of the inferior sheet without a portion of the inferior edge of the superior sheet intervening therebetween, or
(ii) contacts any portion of the inferior sheet.
Claim 10 recites:
A method for maintaining sterility of a sterile surface, comprising:
covering the sterile surface with a surgical draping system, the surgical draping system comprising:
an inferior sheet;
a superior sheet, comprising a superior edge and an inferior edge and overlapping an overlap area of the inferior sheet; and
a breakable attachment mechanism, comprising at least one strip of material that interconnects the inferior edge of the superior sheet to the inferior sheet about at least part of the overlap area, wherein the breakable attachment mechanism is configured:
to be broken, and thereby allow the inferior and superior sheets to be separated and removed, upon application of opposing pulling forces at opposing ends of the surgical draping system, and
in such a way that, when the breakable attachment mechanism is broken and the inferior and superior sheets are separated, no portion of the superior edge of the superior sheet
passes over any portion of the inferior sheet without a portion of the inferior edge of the superior sheet intervening therebetween, or
(ii) contacts any portion of the inferior sheet.
Regarding claims 2-9 and 11-19, see claims 2-9 and 11-19 in U.S. Patent No. 12,370,006.
Conclusion
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/CAMTU T NGUYEN/Examiner, Art Unit 3786