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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 and 12 recite the limitation " light-beam- producing components" in lines 2, respectively. There is insufficient antecedent basis for this limitation in the claim. The limitation " light-beam- producing components” is not found/recited in the claims or in the Specification.
As best understood, the following rejection applies.
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 1-5,9,11,13,15-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 27,31,66,67,71,82,84,85,89 of U.S. Patent No. 12,575,973. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons.
19/542,641
Claim 1:
A system comprising: a support configured to be carried by the head of a user; a facial shield configured to be coupled to the support such that the facial shield is maintained anterior to the face of the user, the facial shield having substantial clarity for viewing therethrough, the facial shield further comprising an outer surface and an inner surface; an emitted-light source configured to be carried between the facial shield and the user and configured to provide a light beam that is able to at least partially radiate through the facial shield; a pivot coupled to the emitted-light source, the pivot configured to provide at least some rotation about a pivot axis having a substantially horizontal extension, to angulate the light beam superiorly or inferiorly; and a contact surface carried on the emitted-light source and capable of being contacted by the inner surface of the facial shield when the facial shield is coupled to the support and the support is carried by the head of the user, wherein when a first force placed on the outer surface of the facial shield at a first location in relation to the contact surface causes the emitted-light source to angulate the light beam superiorly, and wherein when a second force placed on the outer surface of the facial shield at a second location in relation to the contact surface causes the emitted-light source to angulate the light beam inferiorly.
12,575,973
Claim 27:
A system comprising: a support configured to be carried by the head of a user; a facial shield configured to be coupled to the support such that the facial shield is maintained anterior to the face of the user, the facial shield having substantial clarity for viewing therethrough, the facial shield further comprising an outer surface and an inner surface; an emitted-light source configured to be carried between the facial shield and the user and configured to provide a light beam that is able to at least partially radiate through the facial shield; and a flexible elongate opaque sheet having a first end coupled to the emitted-light source and a free second end configured to maintain contact with the inner surface of the facial shield as the light beam is angularly adjusted over a working adjustment angle range.
Claim 66:
wherein rotation about the pivot axis in a first rotational direction causes the light beam to be angulated superiorly, and wherein rotation about the pivot axis in a second rotational direction, opposite the first rotational direction, causes the light beam to be angulated inferiorly.
Claim 67:
one or more contact surfaces carried on the housing and capable of being contacted by the inner surface of the facial shield when the facial shield is coupled to the support and the support is carried by the head of the user, wherein when a first force placed on the outer surface of the facial shield at a first location in relation to the one or more contact surfaces causes the emitted-light source to angulate the light beam superiorly, and wherein when a second force placed on the outer surface of the facial shield at a second location in relation to the one or more contact surfaces causes the emitted-light source to angulate the light beam inferiorly.
Claim 2:
wherein the emitted-light source comprises a lamp having a housing, and wherein the pivot is configured to allow the housing to rotate about the pivot axis.
Claim 4:
wherein rotation about the pivot axis in a first rotational direction causes the light beam to angulate superiorly, and rotation about the pivot axis in a second rotational direction, opposite the first rotational direction, causes the light beam to angulate inferiorly.
Claim 31:
wherein the emitted-light source comprises a lamp having a housing, and further comprising a pivot configured to allow the housing to rotate about a pivot axis.
Claim 66:
wherein rotation about the pivot axis in a first rotational direction causes the light beam to be angulated superiorly, and wherein rotation about the pivot axis in a second rotational direction, opposite the first rotational direction, causes the light beam to be angulated inferiorly
Claim 5.
wherein the first force is between 0.1 lb. and 2.0 lb.
Claim 9.
The system is configured to filter air.
Claim 69. the first force is not less than 0.1 lb.
Claim 89.
wherein the system is configured to filter air.
Claim 11.
A system comprising: a support configured to be carried by the head of a user; a facial shield configured to be coupled to the support such that the facial shield is maintained anterior to the face of the user, the facial shield having substantial clarity for viewing therethrough, the facial shield further comprising an outer surface and an inner surface; an emitted-light source configured to be carried between the facial shield and the user and configured to provide a light beam that is able to at least partially radiate through the facial shield; and a flexible elongate opaque sheet having a first end coupled to the emitted-light source and a free second end configured to maintain contact with the inner surface of the facial shield as the light beam is angularly adjusted over a working adjustment angle range.
Claim 13:
wherein the opaque sheet is slidably coupled to the emitted-light source, such that the free second end is located at a variable distance from a distal end of the emitted-light source.
Claim 27.
A system comprising: a support configured to be carried by the head of a user; a facial shield configured to be coupled to the support such that the facial shield is maintained anterior to the face of the user, the facial shield having substantial clarity for viewing therethrough, the facial shield further comprising an outer surface and an inner surface; an emitted-light source configured to be carried between the facial shield and the user and configured to provide a light beam that is able to at least partially radiate through the facial shield; and a flexible elongate opaque sheet having a first end coupled to the emitted-light source and a free second end configured to maintain contact with the inner surface of the facial shield as the light beam is angularly adjusted over a working adjustment angle range.
Claim 71.
wherein the opaque sheet is slidably coupled to the emitted-light source such that the free second end is located at a variable distance from a distal end of the emitted-light source.
Claim 15.
wherein a distal portion of the opaque sheet, adjacent to the free second end, has an upper surface and a lower surface, the upper surface configured to slide against the inner surface of the facial shield.
Claim 16.
wherein the opaque sheet is slidably coupled to the emitted-light source such that the free second end is located at a variable distance from a distal end of the emitted-light source.
Claim 17.
wherein a distal portion of the opaque sheet, adjacent to the free second end, has an upper surface and a lower surface, the upper surface configured to slide against the inner surface of the facial shield.
Claim 18.
wherein the opaque sheet comprises a substantially translucent material having an opaque covering.
Claim 19.
wherein the free second end of the opaque sheet comprises a flat transverse distal edge.
Claim 20.
wherein the system is configured to filter air.
Claim 82
wherein a distal portion of the opaque sheet, adjacent to the free second end, has an upper surface and a lower surface, the upper surface configured to slide against the inner surface of the facial shield.
Claim 71.
wherein the opaque sheet is slidably coupled to the emitted-light source such that the free second end is located at a variable distance from a distal end of the emitted-light source.
Claim 82.
wherein a distal portion of the opaque sheet, adjacent to the free second end, has an upper surface and a lower surface, the upper surface configured to slide against the inner surface of the facial shield.
Claim 84.
wherein the opaque sheet comprises a substantially translucent material having an opaque covering.
Claim 85.
wherein the free second end of the opaque sheet comprises a flat transverse distal edge.
Claim 89.
wherein the system is configured to filter air.
Allowable Subject Matter
Claims 6-8,10 and 14 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 3 and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nguyen (2021/0368887) discloses a face mask with a pivotable light on the outside of the mask (1000 Fig. 1). Pavalarajan et al (10,687,568) discloses a surgical helmet with a shield and light source (3816) fixed to the front of the helmet (Fig. 41). Clupper et al (7,192,151) discloses a light array for a surgical helmet. (fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANABEL TON whose telephone number is (571)272-2382. The examiner can normally be reached Monday -Friday 9:00pm -6:00pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABDULMAJEED AZIZ can be reached at (571)270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANABEL TON/Primary Examiner, Art Unit 2875
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