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.
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 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,582,554. Although the claims at issue are not identical, they are not patentably distinct from each other because the new claims only slightly changes some claim nomenclature having minimal if any effect on the claim scope of the instant claims over the patented claims. Instant claims 1-16 are fully disclosed and therefore anticipated by the patented claims 12 [see claim table below]. The species or sub-genus claimed in the conflicting patent claims anticipate the claimed genus in the application being examined and, therefore, a patent to the genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus.
MPEP 804 is clear:
2. Anticipation Analysis
A nonstatutory double patenting rejection is appropriate where a claim in an application under examination claims subject matter that is different, but not patentably distinct, from the subject matter claimed in a prior patent or a copending application. The claim under examination is not patentably distinct from the reference claim(s) if the claim under examination is anticipated by 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, 1052, 29 USPQ2d 2010, 2015-16 (Fed. Cir. 1993). This type of nonstatutory double patenting situation arises when the claim being examined is, for example, generic to a species or sub-genus claimed in a conflicting patent or application, i.e., the entire scope of the reference claim falls within the scope of the examined claim. In such a situation, a later patent to a genus would, necessarily, extend the right to exclude granted by an earlier patent directed to a species or sub-genus. In this type of nonstatutory double patenting situation, an obviousness analysis is not required for the nonstatutory double patenting rejection.
Patented claims and any further needed analysis
New claims
A welding protection device, comprising: a shield body; an automatic darkening filter assembly insertable within the shield body and configured to enter into one or more different functional states, the automatic darkening filter assembly comprising a user interface that is inside the welding protection device when the automatic darkening filter assembly is inserted within the shield body; and a haptic sensing unit disposed within the welding protection device and configured to sense a touch pattern occurring on at least a first portion of the shield body or automatic darkening filter assembly such that a welder can tap anywhere on the first portion to switch functional states without the need for the welder to access and activate an external button on the welding protection device or the user interface inside the welding protection device. [“Helmet” now claimed is anticipated by a “protection device”; “switch to or from” now claimed is anticipated by “enter in to”; “grind mode” is anticipated by “functional states”. The instant new claim is fully anticipated by patented claim 1 establishing prima facie obviousness for Obviousness type double patenting as noted from MPEP 804 above. Fully anticipated claims do not require further obviousness analysis.]
A welding helmet,
comprising: a shield body; an automatic darkening filter assembly insertable within the shield body and configured to switch to or from a grind mode, the automatic darkening filter assembly comprising a user interface that is inside the welding helmet when the automatic darkening filter assembly is inserted within the shield body; and a haptic sensing unit disposed within the welding helmet and configured to sense a touch pattern occurring on at least a first portion of the shield body or automatic darkening filter assembly such that a welder can tap anywhere on helmet to switch to or from the grind mode without the need for the welder to access and activate an external button on the welding helmet or the user interface inside the welding helmet.
The welding protection device of claim 1, wherein the haptic sensing unit comprises at least one haptic sensor.
2. The welding helmet of claim 1, wherein the haptic sensing unit comprises at least one haptic sensor.
The welding protection device of claim 2, wherein the at least one haptic sensor comprises at least one of an accelerometer, a transducer, and a touch sensor.
3. The welding helmet of claim 2, wherein the at least one haptic sensor comprises at least one of an accelerometer, a transducer, and a touch sensor.
The welding protection device of claim 1, wherein the haptic sensor unit is programmed to execute a user-definable command.
4. The welding helmet of claim 1, wherein the haptic sensor unit is programmed to execute a user-definable command.
The welding protection device of claim 4, wherein the user definable command includes one or more of the following commands: grinding mode on/off, locked dark state on/off, Feature on/off; Accessory (on/off/control), shade level higher/lower, sensitivity level higher/lower, and predefined user-mode toggle.
The welding helmet of claim 4, wherein the user definable command includes one or more of the following commands: grind mode on/off, locked dark state on/off, Feature on/off; Accessory (on/off/control), shade level higher/lower, sensitivity level higher/lower, and predefined user-mode toggle.
The welding protection device of claim 1, wherein the haptic sensor unit comprises a plurality of haptic sensors, wherein each sensor is disposed in a different portion of the shield portion or automatic darkening filter assembly.
6. The welding helmet of claim 1, wherein the haptic sensor unit comprises a plurality of haptic sensors, wherein each sensor is disposed in a different portion of the shield portion or automatic darkening filter assembly.
The welding protection device of claim 1, wherein a first sensing unit comprises a first haptic sensor that senses a touch pattern performed on the automatic darkening filter assembly and a second haptic sensor that senses a touch pattern performed on the shield portion.
7. The welding helmet of claim 1, wherein a first sensing unit comprises a first haptic sensor that senses a touch pattern performed on the automatic darkening filter assembly and a second haptic sensor that senses a touch pattern performed on the shield portion.
The welding protection device of claim 1, wherein the touch pattern includes a first double touch.
8. The welding helmet of claim 1, wherein the touch pattern includes a first double touch.
The welding protection device of claim 8, wherein the touch pattern includes a second double touch.
9. The welding helmet of claim 8, wherein the touch pattern includes a second double touch.
The welding protection device of any of claim 1, wherein the automatic darkening filter assembly operates in a light-state mode when the haptic sensor senses a predetermined touch pattern.
10. The welding helmet of any of claim 1, wherein the automatic darkening filter assembly operates in a light-state mode when the haptic sensor senses a predetermined touch pattern.
The welding protection device of claim 1, wherein the automatic darkening filter assembly operates in an intermediate-state mode when the haptic sensor senses a predetermined touch pattern.
11. The welding helmet of claim 1, wherein the automatic darkening filter assembly operates in an intermediate-state mode when the haptic sensor senses a predetermined touch pattern.
The welding protection device of claim 1, wherein a first haptic sensor is mounted within a first portion of the automatic darkening filter assembly.
12. The welding helmet of claim 1, wherein a first haptic sensor is mounted within a first portion of the automatic darkening filter assembly.
The welding protection device of claim 1, wherein a first haptic sensor is configured to distinguish between a first touch pattern executed on a first portion of the automatic darkening filter assembly and a second touch pattern executed on a second portion of the automatic darkening filter assembly.
13. The welding helmet of claim 1, wherein a first haptic sensor is configured to distinguish between a first touch pattern executed on a first portion of the automatic darkening filter assembly and a second touch pattern executed on a second portion of the automatic darkening filter assembly.
The welding protection device of claim 1, wherein a first haptic sensor is mounted within the shield body portion.
14. The welding helmet of claim 1, wherein a first haptic sensor is mounted within the shield body.
15. A method of entering into a grinding mode for a welding protection device having a shield body and an automatic darkening filter assembly comprising a user interface that is inside the welding protection device when the automatic darkening filter assembly is inserted within the shield body, comprising: providing a haptic sensing unit within the welding protection device having a haptic sensor configured to sense a touch pattern occurring on at least a first portion of the shield body or automatic darkening filter assembly such that a welder can tap anywhere on the first portion to switch functional states without the need for the welder to access and activate an external button on the welding protection device or the user interface inside the welding protection device; executing a user definable command when the haptic sensor senses a touch pattern occurring anywhere on at least a first portion of shield body or automatic darkening filter assembly; and triggering a particular light state for the automatic darkening filter assembly based on the touch pattern sensed.
15. A method of entering into a grinding mode for a welding helmet
having a shield body and an automatic darkening filter assembly comprising a user interface that is inside the welding helmet when the automatic darkening filter assembly is inserted within the shield body, comprising: providing a haptic sensing unit within the
welding helmet having a haptic sensor configured to sense a touch
pattern occurring on at least a first portion of the shield body or automatic darkening filter assembly such that a
welder can tap anywhere on the helmet to switch to or from a grind mode, without the need for the welder to access and activate an external button on the welding helmet or the user
interface inside the welding helmet; executing a user definable
command when the haptic sensor senses a touch pattern occurring anywhere on at least a first portion of shield body or automatic darkening filter assembly; and triggering a particular light state for the automatic darkening filter assembly based on the touch pattern sensed.
16. The method of claim 15, wherein the user definable command includes one or more of the following commands: grinding mode on/off, locked dark state on/off, Feature on/off; Accessory (on/off/control), shade level higher/lower, sensitivity level higher/lower, and predefined user-mode toggle.
16. The method of claim 15, wherein the user definable command includes one or more of the following commands: grind mode on/off, locked dark state on/off, Feature on/off; Accessory (on/off/control), shade level higher/lower, sensitivity level higher/lower, and predefined user-mode toggle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Various welding protection devices/helmets with sensing systems are attached to establish the general state of the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT H MUROMOTO JR/Primary Examiner, Art Unit 3732
