Attorney’s Docket Number: P38682USC3-C1-C1 111548
Filing Date: 07/27/2020
Continuity Data: 5th RCE filed on 03/30/2026
Claimed Priority Date: 03/21/2019 (CON of 16/360,309 now PAT 10770591)
07/21/2017 (CON of 15/656,290 now PAT 10283640)
02/10/2015 (CON of 14/618,414 now PAT 9853156)
Applicants: Pradhan et al.
Examiner: Younes Boulghassoul
DETAILED ACTION
This Office action responds to the Amendment filed on 07/02/2026.
Remarks
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Acknowledgment
Applicant's amendment filed on 07/02/2026, responding to the Office action mailed on 04/06/2026, has been entered. The present Office action is made with all the suggested amendments being fully considered. Accordingly, pending in this application are claims 1-26.
Response to Amendment
No amendments to the claims were presented in this response, to overcome the claim rejections under 35 U.S.C. 102 previously set forth in the Non-Final Office action mailed on 04/06/2026. Accordingly, all previously presented grounds of rejections stand and are repeated below.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pradhan et al. (US2013/0256767, hereinafter Pradhan-767).
Examiner’s note: As stated in the Decision on Petition under 37 CFR 1.78(e) mailed on 01/10/2023, review of parent application 16/360,309 reveals that it lacks any priority claims to applications prior to 14/618,414 (filed on 02/10/2015), and the petition under 37 CFR 1.78(e) has been DISMISSED without prejudice. Therefore, the application 13/992,550, published on 10/03/2013 as US2013/0256767, does constitute prior art under 35 U.S.C. 102(a)(1) at the current stage of the prosecution.
Applicant indicated that, on April 14, 2023, a Reissue Application for US Patent 10,770,591 was filed in order to perfect the claim of priority to include Pradhan-767” (see, e.g., Remarks, page 7). The examiner acknowledges the filing of the Reissue Application.
However, until the claim of priority is perfected and of record with the Reissue Application, the rejections under 35 U.S.C. 102(a)(1) as anticipated by Pradhan-767 stand, as repeated below.
Regarding Claims 1-26, Pradhan-767’s disclosure is identical to the instant application (see, e.g., Figs. 1-26 and associated descriptions), thus inherently shows all aspects of the instant inventions.
Response to Arguments
Applicant’s remarks with respect to the claims filed on 07/02/2026 have been considered and acknowledged. As per applicant’s remarks, the rejections in view of Pradhan-767 will stand until rendered moot, when US Patent 10,770,591 is reissued in order to perfect the claim of priority to include Pradhan-767 (see, e.g., Remarks, Page 7).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Younes Boulghassoul whose telephone number is (571) 270-5514. The examiner can normally be reached Monday-Friday 9am-6pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wael Fahmy can be reached on (571) 272-1705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOUNES BOULGHASSOUL/Primary Examiner, Art Unit 2814
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