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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of copending Application No. 19/126,831 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented. Specifically, the claims are directed towards a system for positioning a needle comprises: a hollow needle configured to pierce a user's skin and including at least a first conductive surface adjacent to a point of the needle; a stimulator electrically connected to the first conductive surface and configured to provide an electrical signal to the first conductive surface; a feedback sensor configured to be secured to the user's skin and to provide stimulation information associated with activity of a muscle associated with a target nerve; a controller operably connected to the stimulator and the feedback sensor and configured to: provide stimulation parameters to the stimulator to control the electrical signal provided to the first conductive surface to provide a directional electrical field around the needle, receive stimulation information from the feedback sensor; and generate image information associated with a position of the needle in the user's body based on the stimulation parameters and stimulation information.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NADIA AHMAD MAHMOOD whose telephone number is (571)270-3975. The examiner can normally be reached Monday-Friday 8am-4pm.
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/NADIA A MAHMOOD/Primary Examiner, Art Unit 3796
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