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 .
Status of Claims
Claims 1-9, 11-20 are pending, of which Claims 1-9 have been amended, and Claims 5-7 and 13-20 remain withdrawn.
Terminal Disclaimer
The two terminal disclaimers (TD) filed on 5/15/2026 are disapproved for the following reason:
The person who signed the terminal disclaimer is not the applicant, patentee and/or an attorney of record. 37 CFR 1.321(a) and (b). (See FP 14.26.08).
Please file a Power of Attorney that gives power to the attorney and/or agent of record who is signing the TD, along with another copy of the TD. Alternatively, file a TD that is signed by the applicant. No additional fee is required with the resubmission.
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.
Claims 9 & 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 10,898,391 in view of Seki (US 2011/0273727). Said patented claim 6 recites all details of the current claim 9, except that the outer sleeve having an outer sleeve coupler and the inner outer sleeve having an inner sleeve coupler that includes a flange. Seki discloses a tampon applicator having telescoping plunger formed of outer and inner sleeves wherein the outer sleeve has an outer sleeve coupler and the inner sleeve has an inner sleeve coupler (details of the coupling are shown in Fig. 3). It would have been obvious to one skilled in the art at the time of filing to modify with Seki since it is necessary to have a plunger that is strong enough and long enough to push a tampon pledget out of the tampon applicator barrel. Limitations of current claim 12, regarding the structures of the outer sleeve couple and the inner sleeve coupler, can be found in Seki's Fig. 3.
Claims 9 & 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 11,911,245 in view of Seki. Said patented claim 6 recite all details of the current claim 9, except that the outer sleeve having an outer sleeve coupler and the inner outer sleeve having an inner sleeve coupler that includes a flange. Seki discloses a tampon applicator having telescoping plunger formed of outer and inner sleeves wherein the outer sleeve has an outer sleeve coupler and the inner sleeve has an inner sleeve coupler (details of the coupling are shown in Fig. 3). It would have been obvious to one skilled in the art at the time of filing to modify with Seki since it is necessary to have a plunger that is strong enough and long enough to push a tampon pledget out of the tampon applicator barrel. Limitations of current Claim 12, regarding the structures of the outer sleeve couple and the inner sleeve coupler, can be found in Seki's Fig. 3.
Allowable Subject Matter
Claims 1-4, 8 are allowed.
Claims 9 & 11-12 contain allowable subject matter. Please note nonstatutory double patenting rejection of Claims 9 & 12, as explained supra.
The following is a statement of reasons for the indication of allowable subject matter:
The reasons have been provided in Non-Final Rejection mailed on 4/1/2026.
Conclusion
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 SUSAN S SU whose telephone number is (408)918-7575. The examiner can normally be reached M-F 9:00 - 5:00 Pacific.
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, Rebecca Eisenberg can be reached at 571-270-5879. 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.
/SUSAN S SU/Primary Examiner, Art Unit 3781 28 May 2026
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