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 .
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 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 9 of U.S. Patent No 12,439,993. Although the claims at issue are not identical, they are not patentably distinct from each other because as follows:
Instant Application ‘111
1. (Currently Amended) A fastening device for releasably fastening a functional unit to a receiving unit, comprising: a functional unit comprising a communication device, wherein the communication device is configured for voice communication with a remote communication device; a receiving unit operatively fixable to a helmet; wherein the functional unit comprises a functional unit abutment surface and at least one functional unit magnet allocated within proximity to the functional unit abutment surface, wherein the functional unit abutment surface comprises an inclined functional unit abutment surface portion; wherein the receiving unit comprises a receiving unit abutment surface and at least one receiving unit magnet allocated within proximity to the receiving unit abutment surface, wherein the receiving unit abutment surface comprises an inclined receiving unit abutment surface portion; wherein the functional unit abutment surface and the receiving unit abutment surface are configured to abut against each other in a connected state; wherein the at least one functional unit magnet and the at least one receiving unit magnet exert an attractive force to each other in the connected state; and wherein, in the connected state, the inclined receiving unit abutment surface portion is at least partially aligned to the inclined functional unit abutment surface portion to facilitate a correct positioning of the functional unit relative to the receiving unit.
2. (Currently Amended) The fastening device of claim 1, wherein the receiving unit further comprises a stopper surface and the functional unit further comprises a stopper counter- surface[[;]],and wherein the stopper surface and the stopper counter-surface cooperate to limit a movement of the functional unit relative to the receiving unit in a direction opposite to a detaching direction in which the functional unit is removed from the receiving unit.
3. (Original) The fastening device of claim 2, wherein the stopper surface of the receiving unit extends at lease substantially orthogonal to the detaching direction.
4. (Original) The fastening device of claim 1, wherein at least one of the functional unit magnet or the receiving unit magnet is an active magnet.
5. (Original) The fastening device of claim 1, wherein at least one of the functional unit magnet or the receiving unit magnet is a passive magnet.
6. (Original) The fastening device of claim 1, wherein a position of the at least one functional unit magnet and a position of the at least one receiving unit magnet in the connected state when viewed in a connection direction are at least partially overlapping.
7. (Original) The fastening device of claim 1, wherein the functional unit comprises a first electrical contact and the receiving unit comprises a second electrical contact; and wherein the first electrical contact and the second electrical contact are adapted to establish an electrical connection between the functional unit and the receiving unit in the connected state.
8. (Original) The fastening device of claim 1, wherein the functional unit comprises at least two functional unit magnets allocated within proximity to the functional unit abutment surface; wherein a first functional unit magnet and a first receiving unit magnet exert an attractive force to each other in the connected state; and wherein a second functional unit magnet and a second receiving unit magnet exert an attractive force to each other in the connected state.
9. (Original) The fastening device of claim 1, wherein the functional unit comprises a housing and the communication device is received in the housing.
10. (Original) The fastening device of claim 1, wherein the helmet comprises a motorcycle helmet.
11. (Original) The fastening device of claim 1, wherein the helmet comprises a sports helmet.
12. (Original) The fastening device of claim 1, wherein the communication device comprises a Bluetooth® communication device.
13. (Currently Amended) A fastening device for releasably fastening a communication unit to a receiving unit, comprising: a communication unit comprising a communication unit abutment surface and at least one pair of communication unit magnets allocated within proximity to the communication unit abutment surface, wherein the communication unit abutment surface comprises an inclined communication unit abutment surface portion, and wherein the communication unit is configured for voice communication with a remote communication device; a receiving unit comprising a receiving unit abutment surface and at least one pair of receiving unit magnets allocated within proximity to the receiving unit abutment surface, wherein the receiving unit abutment surface comprises an inclined receiving unit abutment surface portion; wherein the communication unit abutment surface and the receiving unit abutment surface are configured to abut against each other in a connected state; wherein a first communication unit magnet and a first receiving unit magnet exert an attractive force to each other in the connected state; wherein a second communication unit magnet and a second receiving unit magnet exert an attractive force to each other in the connected state; and wherein, in the connected state, the inclined receiving unit abutment surface portion is at least partially aligned to the inclined communication unit abutment surface portion to facilitate a correct positioning of the communication unit relative to the receiving unit.
14. (Currently Amended) The fastening device of claim 13, wherein the receiving unit further comprises a stopper surface and the communication unit further comprises a stopper counter-surface[[;]], and wherein the stopper surface and the stopper counter-surface cooperate to limit a movement of the communication unit relative to the receiving unit in a direction opposite to a detaching direction in which the functional communication unit is removed from the receiving unit.
15. (Currently Amended) The fastening device of claim [[13]]14, wherein the stopper surface of the receiving unit extends at least substantially orthogonal to the detaching direction.
16. (Original) The fastening device of claim 13, wherein at least one of the communication unit magnets or the receiving unit magnets is an active magnet.
17. (Original) The fastening device of claim 13, wherein the communication unit comprises a first electrical contact and the receiving unit comprises a second electrical contact; and wherein the first electrical contact and the second electrical contact are adapted to establish an electrical connection between the communication unit and the receiving unit in the connected state.
18. (Original) The fastening device of claim 13, wherein the a receiving unit is operatively fixable to a helmet.
19. (Original) The fastening device of claim 13, wherein the a receiving unit is operatively fixable to a motorcycle helmet.
20. (Original) The fastening device of claim 13, wherein the a receiving unit is operatively fixable to a sports helmet.
21. (Original) The fastening device of claim 13, wherein the communication unit comprises a housing and a communication device in the housing.
22. (Original) The fastening device of claim 21, wherein the communication device comprises a Bluetooth® communication device.
US Patent 12,439,993
1. A fastening device for releasably fastening a functional unit in a connection direction to a receiving unit, comprising: a functional unit comprising a functional unit abutment surface, wherein the functional unit comprises a housing and a functional device within the housing; a receiving unit comprising a receiving unit abutment surface; wherein the functional unit abutment surface and the receiving unit abutment surface are configured to abut against each other in a connected state; and at least two pairs of magnets comprising: at least a first functional unit magnet and a second functional unit magnet allocated at or within a proximity to the functional unit abutment surface, and at least a second receiving unit magnet a second receiving unit magnet allocated at or within a proximity to the receiving unit abutment surface, wherein the first functional unit magnet and the first receiving unit magnet exert an attractive force to each other and the second functional unit magnet and the second receiving unit magnet exert an attractive force to each other.
9. The fastening device of claim 1, wherein the functional unit comprises a communication device.
Claims 1 and 13 of pending application ‘111 discloses a fastening device for releasably fastening a functional unit to a receiving unit, comprising: a functional unit comprising a communication device, wherein the communication device is configured for voice communication with a remote communication device; a receiving unit operatively fixable to a helmet; wherein the functional unit comprises a functional unit abutment surface and at least one functional unit magnet allocated within proximity to the functional unit abutment surface, wherein the functional unit abutment surface comprises an inclined functional unit abutment surface portion; wherein the receiving unit comprises a receiving unit abutment surface and at least one receiving unit magnet allocated within proximity to the receiving unit abutment surface, wherein the receiving unit abutment surface comprises an inclined receiving unit abutment surface portion; wherein the functional unit abutment surface and the receiving unit abutment surface are configured to abut against each other in a connected state; wherein the at least one functional unit magnet and the at least one receiving unit magnet exert an attractive force to each other in the connected state; and wherein, in the connected state, the inclined receiving unit abutment surface portion is at least partially aligned to the inclined functional unit abutment surface portion to facilitate a correct positioning of the functional unit relative to the receiving unit is substantially similar to US Patent ‘993 which discloses a fastening device for releasably fastening a functional unit in a connection direction to a receiving unit, comprising: a functional unit comprising a functional unit abutment surface, wherein the functional unit comprises a housing and a functional device within the housing; a receiving unit comprising a receiving unit abutment surface; wherein the functional unit abutment surface and the receiving unit abutment surface are configured to abut against each other in a connected state; and at least two pairs of
magnets comprising: at least a first functional unit magnet and a second functional unit magnet allocated at or within a proximity to the functional unit abutment surface, and at least a second receiving unit magnet a second receiving unit magnet allocated at or within a proximity to the receiving unit abutment surface, wherein the first functional unit magnet and the first receiving unit magnet exert an attractive force to each other and the second functional unit magnet and the second receiving unit magnet exert an attractive force to each other with the functional unit having a communication device that inherently is configured for voice communication with a remote communication device.
Allowable Subject Matter
Claims 1-22 would be allowable if rewritten or amended to overcome the nonstatutory double patenting rejection as set forth in this Office action.
Response to Arguments
The amendment and arguments filed on 6/30/26 has been considered. In view of such, the amendment has necessitated this office action to be made FINAL and the arguments are moot.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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July 26, 2027 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732
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