DETAILED ACTION
Claims 26-50 are pending in the present application.
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 .
Amendments
The amendment filed on August 19, 2025 was acknowledged and has been entered into the present application file.
Priority
The present application is a CON of 17/149,172, now USPN RE49,501, which was filed on January 14, 2021. As the present application is a Bauman continuation of a reissue application, the original patent is available as prior art and the effective filing date of the present application does not extend beyond the actual filing date of the reissue application. See In re Bauman, 683 F.2d 405, 214 USPQ 585 (CCPA 1982).
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claims 22-46 been renumbered 26-50.
Claim Rejections - 35 USC §102
The following is a quotation of the appropriate paragraphs of 35 USC §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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 26-50 are rejected under 35 USC §§102(a)(1) and 102(a)(2) as being clearly anticipated by US Patent 10,182,567 (WOOD).
This application is a Bauman-type application per the analysis detailed above, thus, the original patent is prior art and therefore clearly anticipates the claims.
Response to Arguments
On pages 9-10 of the remarks of August 19, 2025, the Applicant argues:
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However, on June 15, 2026, the petition to convert the present application from a Bauman Continuation to a Continuing Reissue was denied. Therefore, the ‘567 patent is still prior art and the rejection is maintained with respect to the renumbered claims.
Conclusion
Claims 26-50 are rejected.
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 Joseph Kosack whose telephone number is (571)272-5575. The examiner can normally be reached M-F 8:00-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patricia Engle can be reached at 571-272-6660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH R KOSACK/Patent Reexamination Specialist
Central Reexamination Unit 3991
/Alan Diamond/
Patent Reexamination Specialist
Central Reexamination Unit 3991
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