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 (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.
Election/Restrictions
Applicants’ claim amendments have rendered moot the prior art rejections of record.
Examiner extended the Markush search to the full scope of instant claim 2 (upon which all other claims depend) but did not find prior art.
Therefore, the Election of Species Requirement of 17 March 2025, is withdrawn.
All claims have been examined on the merits.
Current Status of 17/769,924
This Office Action is responsive to the amended claims of 3 October 2025.
Claims 2-4, 6, 10-13, 16-22, 25, 27, 30, and 35-36 have been examined on the merits. Claims 2, 6, and 11 are currently amended. Claims 3-4, 10, 12-13, 16-22, 25, 27, 30, and 35-36 are withdrawn but now rejoined.
Priority
The effective filing date is 18 November 2019.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 15 August 2025, was filed after the mailing date of the Non Final Office Action on 3 June 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
The Examiner acknowledges receipt of and has reviewed Applicants’ claim amendments and Reply of 3 October 2025.
Applicants’ amendments to claim 2 and 11 have rendered moot the prior art rejection of record.
Response to Amendment
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 11-13, 16-20, and 36 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 11 improperly further limits claim 1 since Applicants canceled claim 1. A claim cannot depend on a canceled claim. Therefore, claim 11 is rejected under 35 USC 112(d). Claims 12-13, 16-20 are similarly rejected under 35 USC 112(d) as these claims refer back to claim 11 but do not remedy the rationale underpinning the basis for rejecting claim 11.
Furthermore, claim 36 is similarly rejected under 35 USC 112(d) because claim 36 purports to depend on canceled claim 1.
This rejection is properly made FINAL due to Applicants’ amendments canceling claim 1 (upon which claim 11 purports to depend).
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Conclusion
Claims 11-13, 16-20, and 36 are not presently allowable as written.
Claim 2-4, 6, 10, 21-22, 25, 27, 30, and 35 are presently allowable as written.
There is no known prior art reference that either teaches or anticipates instant claim 2.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN S KENYON whose telephone number is (571)270-1567. The examiner can normally be reached Monday-Friday 10a-6p.
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, Andrew D Kosar can be reached at (571) 272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625
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