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 . Claim FILLIN "Pluralize \“Claim\” if necessary, insert \“is\” or \“are\” as appropriate, and insert the claim number(s) which are under rejection." s 1-3, 6, 7, and 9-11 rejected on the ground of nonstatutory double patenting a s being unpatentable over claim FILLIN "Pluralize \“Claim\” if necessary, and insert the claim number(s) of the U.S. Patent." s 1, 3, 7, and 15 of U.S. Patent No. FILLIN "Insert the number of the patent." 12,443,118 . Although the claims at issue are not identical, they are not patentably distinct from each other because FILLIN "Explain why the instant claims are not patentably distinct over the claims of the U.S. Patent." the scope of the claims overlap . Regarding claim s 1 - 2 , 7, and 9 , the ‘118 patent claims An electrophotographic photosensitive member comprising: a conductive substrate; and a photosensitive layer, wherein the photosensitive layer is a single layer, the photosensitive layer contains a charge generating material, a hole transport material, an electron transport material, and a binder resin, the binder resin includes a polyarylate resin, the polyarylate resin includes repeating units represented by formulas (1), (2), (3), and (4), and a percentage of the number of repeats of the repeating unit represented by the formula (3) relative to a total of the number of repeats of the repeating unit represented by the formula (1) and the number of repeats of the repeating unit represented by the formula (3) is greater than 0% and less than 20%, the repeating unit represented by the formula (1) is adjacent and bonded to the repeating unit represented by the formula (2), and/or the repeating unit represented by the formula (1) is adjacent and bonded to the repeating unit represented by the formula (4), the repeating unit represented by the formula (3) is adjacent and bonded to the repeating unit represented by the formula (2), and/or the repeating unit represented by the formula (3) is adjacent and bonded to the repeating unit represented by the formula (4), wherein the formula (1), R 1 and R 2 each represent, independently of one another, a hydrogen atom or a methyl group and X represents a divalent group represented by formula (X1) or (X2), and in the formula (2), W represents a divalent group represented by formula (W1) or (W2), wherein the formula (X1), t represents an integer of at least 1 and no greater than 3 and represents a bond, and in the formula (X2), R 3 and R 4 each represent a hydrogen atom or an alkyl group with a carbon number of at least 1 and no greater than 4, R 3 and R 4 represent chemical groups different from each other, and * represents a bond, wherein the formulas (W1) and (W2), * represents a bond. (Claim 1). One of skill in the art would recognize, when only W2 is used in formula (2), Chemical Formula 3 (5) of the Instant Claim 2 is not present. Regarding claim 3 and 6, the ‘118 Patent claims The electrophotographic photosensitive member according to claim 1, wherein the repeating unit represented by the formula (1) is a repeating unit represented by formula (1-1) (Claim 3) And, The electrophotographic photosensitive member according to claim 1, wherein the repeating unit represented by the formula (1) is a repeating unit represented by formula (1-2) (claim 7) Regarding claim s 10 and 11 , the ‘118 Patent claims The electrophotographic photosensitive member according to claim 1, wherein the hole transport material includes a compound represented by formula (20) or (23), wherein the formula (20), R11, R12, R13, and R14 each represent, independently of one another, an alkyl group with a carbon number of at least 1 and no greater than 6 or an alkoxy group with a carbon number of at least 1 and no greater than 6 and a1, a2, a3, and a4 each represent, independently of one another, an integer of at least 0 and no greater than 5, and in the formula (23), R41, R42, R43, R44, R45, and R46 each represent, independently of one another, a phenyl group or an alkyl group with a carbon number of at least 1 and no greater than 6, R47 and R48 each represent, independently of one another, a hydrogen atom, a phenyl group, or an alkyl group with a carbon number of at least 1 and no greater than 6, e1, e2, e3, and e4 each represent, independently of one another, an integer of at least 0 and no greater than 5, e5 and e6 each represent, independently of one another, an integer of at least 0 and no greater than 4, and e7 and e6 each represent, independently of one another, 0 or 1. (Claim 15) Claim FILLIN "Indicate the claim(s) of the present application." \d "[ 1 ]" 1-3, 5, 7, and 9-12 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim FILLIN "Indicate the claim(s) of the copending application." \d "[ 2 ]" 1, 3, 7, and 9-12 of copending Application No. FILLIN "Insert the number of the reference application." \d "[ 3 ]" 18/262,143 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because FILLIN "Provide appropriate explanation for anticipation or rationale for obviousness of claims being rejected over the claims of the cited application." \d "[ 4 ]" the scope of the claims overlap . Regarding claim 1 - 2 and 7 , the ‘143 application claims A polyarylate resin comprising repeating units represented by formulas (1), (2), (3), and (4), wherein a percentage of a number of repeats of the repeating unit represented by the formula (3) relative to a total number of repeats of the respective repeating units represented by the formulas (1) and (3) is greater than 0% and less than 20%, where in the formula (1), R 1 and R 2 each represent, independently of one another, a hydrogen atom or a methyl group and X represents a divalent group represented by formula (X1) or (X2), and in the formula (2), W represents a divalent group represented by formula (W1) or (W2), where in the formula (X1), t represents an integer of at least 1 and no greater than 3 and * represents a bond, and in the formula (X2), R 3 and R 4 each represent a hydrogen atom or an alkyl group with a carbon number of at least 1 and no greater than 4, R 3 and R 4 represent groups different from each other, and * represents a bond, and in the formulas (W1) and (W2), * represents a bond. (Claim 1). One of skill in the art would recognize, when only W2 is used in formula (2), Chemical Formula 3 (5) of the Instant Claim 2 is not present. Regarding claim 3 and 5 , the ‘143 application further claims The polyarylate resin according to claim 1, wherein the repeating unit represented by the formula (1) is a repeating unit represented by formula (1-1): (claim 3). The polyarylate resin according to claim 1, wherein the repeating unit represented by the formula (1) is a repeating unit represented by formula (1-2): (claim 7) Regarding claim 9, the ‘143 application further claims An electrophotographic photosensitive member comprising: a conductive substrate; and a photosensitive layer, wherein the photosensitive layer contains a charge generating material, a hole transport material, and a binder resin, and the binder resin includes the polyarylate resin according to claim 1. (claim 9) Regarding claim 10, the ‘143 application further claims The electrophotographic photosensitive member according to claim 9, wherein the hole transport material includes a compound represented by formula (20), (21), or (22): where in the formula (20): R 21 and R 22 each represent, independently of one another, a phenyl group, an alkyl group with a carbon number of at least 1 and no greater than 8, or an alkoxy group with a carbon number of at least 1 and no greater than 8; R 23 to R 29 each represent, independently of one another, a hydrogen atom, an alkyl group with a carbon number of at least 1 and no greater than 8, a phenyl group optionally substituted with an alkyl group with a carbon number of at least 1 and no greater than 8, or an alkoxy group with a carbon number of at least 1 and no greater than 8; any adjacent two of chemical groups R 21 to R 29 may be bonded to form a ring; and a1 and a2 each represent, independently of one another, an integer of at least 0 and no greater than 5, in the formula (21): R 31 to R 36 each represent, independently of one another, a phenyl group or an alkyl group with a carbon number of at least 1 and no greater than 8; R 37 and R 38 each represent, independently of one another, a hydrogen atom, a phenyl group, or an alkyl group with a carbon number of at least 1 and no greater than 8; b1, b2, b3, and b4 each represent, independently of one another, an integer of at least 0 and no greater than 5; b5 and b6 each represent, independently of one another, an integer of at least 0 and no greater than 4; and d and e each represent, independently of one another, 0 or 1, and in the formula (22): R 41 to R 46 each represent, independently of one another, a phenyl group, an alkyl group with a carbon number of at least 1 and no greater than 8, or an alkoxy group with a carbon number of at least 1 and no greater than 8; f1, f2, f4, and f5 each represent, independently of one another, an integer of at least 0 and no greater than 5; and f3 and f6 each represent, independently of one another, an integer of at least 0 and no greater than 4. (claim 10). Regarding claim 11, the ‘143 application further claims The electrophotographic photosensitive member according to claim 9, wherein the hole transport material includes a compound represented by formula (HTM-1), (HTM-2), (HTM-3), (HTM-4), (HTM-5), or (HTM-6): (claim 11) Regarding claim 12, the ‘143 application further claims The electrophotographic photosensitive member according to claim 9, wherein the photosensitive layer includes a charge generating layer containing the charge generating material and a charge transport layer containing the hole transport material and the binder resin, and the charge transport layer is a single layer serving as an outermost layer. (claim 12) This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claim Rejections - 35 USC § 103 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim s FILLIN "Insert the claim numbers which are under rejection." \d "[ 1 ]" 1-3, 5-7, 9-10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Shimizu (US 20200233324) . Regarding claims 1-3, 5-7, and 9, Shimizu discloses an electrophotographic photosensitive member including a conductive substrate and a photosensitive layer. The photosensitive layer contains at least a charge generating material, a hole transport material, and a binder resin. The binder resin includes a polyarylate having at least one repeating unit represented by (10) and at least one repeating unit represented by (11) ([0005]). Shimizu further discloses in general formula (10) R 11 and R 12 each represent, independently, an alkyl group having 1-3 carbon atoms, and W represents one of (W1)-(W3), and X represents one of (X1)-(X3) ([0007]). In (W1) R 13 represents a hydrogen atom or an alkyl group having 1-4 carbon atoms, and R 14 represents an alkyl group having 1-4 carbons, and in (W2) t represents an integer 1-3 ([0008]). While Shimizu does not disclose a specific example using a combination of (11) with (X2), as well as (11) using (X3) Shimizu does teach several resins using multiple different (11) combinations (R-1) and (R-2) (page 9-10). Therefore, one of skill in the art would be able to produce such a resin through routine experimentation, in view of Shimizu. Regarding claim 10, Shimizu discloses all limitations as set forth above. Shimizu further discloses the hole transport material is general formula (1) ([0005]). R 1 and R 2 are each independently a hydrogen atom, a methyl group, or an ethyl group, and the sum of the caron atoms of group R 1 and R 2 is 2. R 3 and R 4 are each independently a hydrogen atom, a methyl group, or an ethyl group, and the sum of the caron atoms of group R 3 and R 4 is 2 ([0006]). Regarding claim 12, Shimizu discloses all limitations as set forth above. Shimizu further discloses the photosensitive member with a charge generating layer and a charge transport layer, with the charge transport layer disposed on the charge generating layer ([0035], [0036], Fig 4). Claim s FILLIN "Insert the claim numbers which are under rejection." \d "[ 1 ]" 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Ezure (US 20200356017) . Regarding claim s 1 - 8 , Ezure discloses a polyarylate resin comprising repeating units represented by (3) and (4): Wherein, in (3) R 1 and R 2 each represent independently a hydrogen atom or methyl group, W represents a divalent group selected from W1-W3, and Ar represents a divalent group represented by Ar-1 to Ar-3: Wherein R 3 represents a hydrogen atom or an alkyl group having 1-4 carbon atoms, R 4 represents an alkyl group having 1-4 carbon atoms, and t represents an integer from 1-3. ([0056]-[0059]). Ezure further discloses the polyarylate resin may contain multiple of (3) and (4) based repeating units ([0060]). While Ezure does not disclose a specific example using a combination of (4) using (Ar-2), and (4) using (Ar-3), Ezure teaches the combination is possible. Therefore, one of skill in the art would be able to produce such a resin through routine experimentation, in view of Ezure. Regarding claim 9, Ezure discloses all limitations as set forth above. Ezure further discloses an electrophotographic photosensitive member including a conductive substrate and a photosensitive layer comprising a charge generating material, a hole transport material, and a binder resin ([0005]). Ezure further discloses the photosensitive layer further contains the polyarylate resin ([0056]). Regarding claim 10 -11 , Ezure discloses all limitations as set forth above. Ezure further discloses examples of hole transport materials are represented by general formula (21) and (22) ([0079], [0086]). Wherein Q 1 -Q 4 each represent , independently, a phenyl group, an alkyl group having 1-8 carbon atoms, or an alkoxy group having 1-8 carbon a t oms , and m1-m4 each represent, independently an integer of 0-2 ([0080]). Also, Q 5 -Q 7 each represent, independently an alkyl group having 1-8 carbon atoms, or an alkoxy group having a 1-8 carbon atoms, s and t represent, independently an integer of 1-3, p and r represent, independently, 0 or 1, and q represents an integer from 0-2 ([0087]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CHARLES COLLINS SULLIVAN IV whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2208 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8-4:30 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Mark Huff can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-1385 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.C.S./ Examiner, Art Unit 1737 /MARK F. HUFF/ Supervisory Patent Examiner, Art Unit 1737