DETAILED ACTION
Claims 1, 5, 8, 12, and 15-20 are pending.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
The instant application, filed 05/15/2023 is a Continuation of 17132743, filed 12/23/2020, now U.S. Patent #11680048. 17132743 is a Continuation of 15883250, filed 01/30/2018, now U.S. Patent #10927081. 15883250 is a Continuation of 14084443, filed 11/19/2013, now U.S. Patent # 9920011 and having 1 RCE-type filing therein. 14084443 is a Divisional of 10861590 , filed 6/3/2004, now U.S. Patent # 8614204 and having 2 RCE-type filing therein. 10861590 Claims Priority from Provisional Application 60569797, filed 05/10/2004. 10861590 Claims Priority from Provisional Application 60566488, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60566237, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60476704, filed 06/06/2003. 17132743 is a Continuation of 15882772, filed 01/29/2018, now U.S. Patent #10882827. 15882772 is a Continuation of 14084443, filed 11/19/2013, now U.S. Patent #9920011 and having 1 RCE-type filing therein. 14084443 is a Divisional of 10861590, filed 06/03/2004, now U.S. Patent # 8614204 and having 2 RCE-type filing therein. 10861590 Claims Priority from Provisional Application 60569797, filed 05/10/2004. 10861590 Claims Priority from Provisional Application 60566488, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60566237, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60476704, filed 06/06/2003. 17132743 is a Continuation of 15498856, filed 04/27/2017, now U.S. Patent # 10894774 and having 1 RCE-type filing therein. 15498856 is a Continuation of 14084443, filed 11/19/2013, now U.S. Patent #9920011 and having 1 RCE-type filing therein. 14084443 is a Divisional of 10861590, filed 06/03/2004, now U.S. Patent #8614204 and having 2 RCE-type filing therein. 10861590 Claims Priority from Provisional Application 60569797, filed 05/10/2004. 10861590 Claims Priority from Provisional Application 60566488, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60566237, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60476704, filed 06/06/2003. 18317195 is a Continuation of 17132491, filed 12/23/2020, now U.S. Patent #11680047. 17132491 is a Continuation of 15883250, filed 01/30/2018, now U.S. Patent #10927081. 15883250 is a Continuation of 14084443, filed 11/19/2013, now U.S. Patent #9920011 and having 1 RCE-type filing therein. 14084443 is a Divisional of 10861590, filed 06/03/2004, now U.S. Patent # 8614204 and having 2 RCE-type filing therein. 10861590 Claims Priority from Provisional Application 60569797, filed 05/10/2004. 10861590 Claims Priority from Provisional Application 60566488, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60566237, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60476704, filed 06/06/2003. 17132491 is a Continuation of 15882772, filed 01/29/2018, now U.S. Patent #10882827. 15882772 is a Continuation of 14084443, filed 11/19/2013, now U.S. Patent #9920011 and having 1 RCE-type filing therein. 14084443 is a Divisional of 10861590, filed 06/03/2004, now U.S. Patent # 8614204 and having 2 RCE-type filing therein. 10861590 Claims Priority from Provisional Application 60569797, filed 05/10/2004. 10861590 Claims Priority from Provisional Application 60566488, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60566237, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60476704, filed 06/06/2003. 17132491 is a Continuation of 15498856, filed 04/27/2017, now U.S. Patent #10894774 and having 1 RCE-type filing therein. 15498856 is a Continuation of 14084443, filed 11/19/2013, now U.S. Patent # 9920011 and having 1 RCE-type filing therein. 14084443 is a Divisional of 10861590, filed 06/03/2004, now U.S. Patent # 8614204 and having 2 RCE-type filing therein. 10861590 Claims Priority from Provisional Application 60569797, filed 05/10/2004. 10861590 Claims Priority from Provisional Application 60566488, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60566237, filed 04/29/2004. 10861590 Claims Priority from Provisional Application 60476704, filed 06/06/2003.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,680,048. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 11,680,047. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-46 of U.S. Patent No. 10,927,081. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 10,894,774. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 10,882,827. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 10,626,090. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 9,920,011. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 8,614,204. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 8,609,646. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 8,604,013. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Claims 1, 5, 8, 12, and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 8,604,012. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards treating anemia with heterocyclic carboxamide.
Conclusion
No claims allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J SCHMITT whose telephone number is (571)270-7047. The examiner can normally be reached on M-F 8-6 MidDay Flex.
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/MICHAEL J SCHMITT/Examiner, Art Unit 1629
/JEFFREY S LUNDGREN/Supervisory Patent Examiner, Art Unit 1629
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