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 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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11993495. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Regarding claim 1, U.S. Patent No. 11993495 discloses a boom assembly, comprising:
an upper boom (claims 1, 8, 15);
a lower boom (claims 1, 8, 15);
a sled (claims 1, 8, 15), comprising:
a first side (claims 1, 8, 15);
a second side (claims 1, 8, 15);
a proximal end presenting a gap between the first side and the second side (claims 1, 8, 15); and
a distal end coupled to the lower boom (claims 1, 8, 15);
a structural member (claims 1, 8, 15), comprising:
an upper end coupled to the upper boom (claims 1, 8, 15); and
a lower end configured to be coupled to the sled (claims 1, 8, 15);
a first pivot pin coupling the first side of the sled to the lower end of the structural
member (claims 1, 8, 15); and
a second pivot pin coupling the second side of the sled to the lower end of the
structural member such that the gap is unobstructed (claims 1, 8, 15),
wherein the sled is configured to pivot about the first pivot pin and the second pivot pin, thereby pivoting the upper boom (claims 1, 8, 15).
Regarding claim 2, U.S. Patent No. 11993495 discloses the boom assembly of claim further comprising:
a drive coupled to the sled to pivot the sled about the first pivot pin and the second pivot pin (claims 1, 8, 15).
Regarding claim 3, U.S. Patent No. 11993495 discloses the boom assembly of claim 2, wherein the sled further comprises a link coupled to the drive at a first end and to one of the first side or the second side at a second end, and wherein actuation of the drive causes the link to articulate through the gap, thereby articulating the upper boom (claims 1, 5, 15).
Regarding claim 4, U.S. Patent No. 11993495 discloses the boom assembly of claim 1, wherein the sled further comprises at least one hydraulic valve and at least one sensor (claims 1, 8, 15-20).
Regarding claim 5, U.S. Patent No. 11993495 discloses the boom assembly of claim 4, wherein the at least one hydraulic valve and the at least one sensor are connected to the upper boom (claims 1, 8, 15-20).
Regarding claim 6, U.S. Patent No. 11993495 discloses the boom assembly of claim 1, wherein the sled is invertible, and wherein the boom assembly is one of an underfold boom assembly or an overfold boom assembly (claims 1, 8, 15-20),
Regarding claim 7, U.S. Patent No. 11993495 discloses the boom assembly of claim 1, wherein the sled is removably coupled to the lower boom (claims 1, 8, 15-20).
Regarding claim 8, U.S. Patent No. 11993495 discloses a boom assembly, comprising:
an upper boom (claims 1, 8, 15);
a sled having a proximal end presenting a gap between a first side and second side (claims 1, 8, 15);
a structural member configured to couple the upper boom to the sled (claims 1, 8, 15), comprising:
an upper end at least partially surrounding the upper boom (claims 1, 8, 15); and
a lower end configured to be coupled to the sled (claims 1, 8, 15); and
a first pivot pin coupling the first side of the sled to the lower end of the structural
member (claims 1, 8, 15); and
a second pivot pin coupling the second side of the sled to the lower end of the
structural member such that the gap is unobstructed (claims 1, 8, 15),
wherein the sled is configured to pivot about the first pivot pin and the second pivot
pin, thereby pivoting the upper boom (claims 1, 8, 15).
Regarding claim 9, U.S. Patent No. 11993495 discloses the boom assembly of claim 8, further comprising:
a hydraulic drive coupled to the sled to pivot the sled about the first pivot pin and the second pivot pin (claims 1, 8, 15-20), and
wherein the sled further comprises a link coupled to the hydraulic drive at a first end and to one of the first side of the second side at a second end,
wherein actuation of the hydraulic drive causes the link to move through the gap, thereby pivoting the upper boom (claims 1, 8, 15-20).
Regarding claim 10, U.S. Patent No. 11993495 discloses the boom assembly of claim 8, wherein the boom assembly is configured to pivot to about 180 degrees (claims 1, 8, 15-20).
Regarding claim 11, U.S. Patent No. 11993495 discloses the boom assembly of claim 8, further comprising a lower boom coupled to a distal end of the sled (claims 1, 8, 15-20).
Regarding claim 12, U.S. Patent No. 11993495 discloses the boom assembly of claim 11, wherein the sled is slideably received within the lower boom (claims 1, 8, 15-20).
Regarding claim 13, U.S. Patent No. 11993495 discloses the boom assembly of claim 8, further comprising:
at least one sensor housed within the sled and coupled to the upper boom (claims 1, 8, 15-20).
Regarding claim 14, U.S. Patent No. 11993495 discloses the boom assembly of claim 8, wherein the sled is a monolithic structure (claims 1, 8, 15-20).
Regarding claim 154, U.S. Patent No. 11993495 discloses a boom assembly (claims 1, 8, 15), comprising:
an upper boom (claims 1, 8, 15);
a sled having a first side, a second side, and a proximal end presenting a gap between the first side and the second side (claims 1, 8, 15);
a structural member (claims 1, 8, 15), comprising:
an upper end coupled to the upper boom (claims 1, 8, 15); and
a lower end configured to be coupled to the sled (claims 1, 8, 15);
a first pivot point at the first side of the sled to the lower end of the structural member (claims 1, 8, 15); and
a second pivot point at the second side of the sled to the lower end of the structural member (claims 1, 8, 15); and
a drive coupled to the sled to pivot the sled about the first pivot point and the second pivot point, thereby pivoting the upper boom (claims 1, 8, 15).
Regarding claim 16, U.S. Patent No. 11993495 discloses the boom assembly of claim 15, further comprising:
a link coupled at a first end to the drive and to a second end to the sled, wherein the drive is configured to drive the link to pivot the sled (claims 1, 8, 15-20).
Regarding claim 17, U.S. Patent No. 11993495 discloses the boom assembly of claim 16, further comprising:
a pin extending from the first side to the second side and coupled to the link, wherein the pin is disposed above the gap (claims 1, 8, 15-20), and
wherein the link rotates about the pin when driven by the drive (claims 1, 8, 15-20).
Regarding claim 18, U.S. Patent No. 11993495 discloses the boom assembly of claim 16, wherein the drive articulates the sled to rotate the upper boom about 180 degrees (claims 1, 8, 15-20).
Regarding claim 19, U.S. Patent No. 11993495 discloses the boom assembly of claim 16, wherein the link moves through the gap when driven by the drive (claims 1, 8, 15-20).
Regarding claim 20, U.S. Patent No. 11993495 discloses the boom assembly of claim 15, wherein the sled further comprises a distal end and the boom assembly further comprises a lower boom coupled the distal end (claims 1, 8, 15-20).
Conclusion
The prior art, US 11434121, US 11749978, 10611616 made of record and not relied upon is considered pertinent to applicant's disclosure.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs.
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/RONNIE M MANCHO/ Primary Examiner, Art Unit 3657
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