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 .
Applicant’s amendments and remarks filed 8-14-26 are acknowledged.
Claims 44-56 and 58-68 are pending and under examination.
The prior rejections under 35 USC § 103 have been withdrawn in view of applicant’s claim amendments and argument.
In particular, with respect to the first 103 rejection, given (i) the declaration of Dr. Oehm (dated 1-9-23) which was originally filed with the parent application (“the ‘919”), and further given (ii) applicant’s arguments about how the teachings of the WO’327 that were relied upon in the first rejection under 35 USC § 103 “originated with the common inventors,” the undersigned agrees with applicant’s assessment that “the WO’327 application is a disclosure that falls under the exception of AIA 35 U.S.C. § 102(b)(2)(A).
With respect to the second 103 rejection, given that claim 57 was not previously rejected, and claim 56 has been amended to include the limitation of claim 57, the second 103 rejection has been obviated.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 44-56 and 58-68 stand rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 11,713,346, essentially for the reasons of record.
Applicant does not challenge the merits of the nonstatutory double patenting rejection set forth in the prior Office Action; rather, applicant states that they “…will consider filing a TD once the aforementioned obviousness rejections have been withdrawn.”
As set forth above, 44-56 and 58-68 stand rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 11,713,346, essentially for the reasons of record.
No claims are allowed.
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 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 ZACHARY S SKELDING whose telephone number is (571)272-9033. The examiner can normally be reached M-F 9-5 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, Julie Wu can be reached at 571-272-5205. 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.
/ZACHARY S SKELDING/Primary Examiner, Art Unit 1644
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