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 .
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.
Status of Claims
Below is the Final Action on the Merit for claims 1 – 30.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
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 – 30 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims of prior U.S. Patent No. 12,508,692. This is a non-statutory double patenting rejection.
Instant Application 19/423,780
U. S. Patent Publication No. 12,508,692
1. An anti-slip torque tool comprises: a wrench torque-tool body; and at least one engagement element; a second cavity; a third cavity; a fourth cavity; the wrench torque-tool body comprises a plurality of internal sidewalls, a first base, and a second base; each of the plurality of internal sidewalls comprises a first lateral edge, a second lateral edge, and a bracing surface; the engagement element comprises at least one first groove and at least one second groove; the plurality of internal sidewalls being radially distributed about a pivot axis of the wrench torque-tool body; the at least one engagement element being distributed amongst every other sidewall from the plurality of internal sidewalls; the engagement element being laterally integrated into a specific sidewall from the plurality of internal sidewalls; internal sidewalls; the third cavity traversing normal and into the bracing surface of the opposing sidewall; the third cavity being extended from the first base towards the second base; the fourth cavity being positioned adjacent to the second lateral edge of an opposing sidewall from the plurality of internal sidewalls; the fourth cavity traversing normal and into the bracing surface of the opposing sidewall; and the fourth cavity being extended from the first base towards the second base.
1. An anti-slip torque tool comprises: a wrench torque-tool body; and at least one engagement element; a second cavity: a third cavity; a fourth cavity; the wrench torque-tool body comprises a plurality of internal sidewalls, a first base, and a second base; each of the plurality of internal sidewalls comprises a first lateral edge, a second lateral edge, and a bracing surface; the engagement element comprises at least one first groove and at least one second groove; the plurality of internal sidewalls being radially distributed about a pivot axis of the wrench torque-tool body; the engagement element being laterally integrated into a specific sidewall from the plurality of internal sidewalls; the engagement element being centrally positioned in between the first lateral edge and the second lateral edge of the specific sidewall; the at least one first groove and the at least one second groove being positioned offset from each other along the bracing surface of the specific sidewall; the second cavity being positioned in between the second lateral edge of the specific sidewall and the at least one second groove: the second cavity traversing normal and into the bracing surface of the specific sidewall: the second cavity being extended from the first base to the second base; the third cavity being positioned adjacent to the first lateral edge of an opposing sidewall from the plurality of internal sidewalls; the third cavity traversing normal and into the bracing surface of the opposing sidewall; the third cavity being extended from the first base to the second base; the fourth cavity being positioned adjacent to the second lateral edge of an opposing sidewall from the plurality of internal sidewalls; the fourth cavity traversing normal and into the bracing surface of the opposing sidewall; the fourth cavity being extended from the first base to the second base; the fourth cavity comprising a convex portion and a concave portion; the convex portion and the concave portion being adjacently connected to each other; the concave portion being positioned adjacent to the second lateral edge of the opposing sidewall from the plurality of internal sidewalls; and the convex portion being positioned adjacent to the bracing surface of the opposing sidewall.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723
