Dose Counter for Inhaler Having An Anti-Reverse Rotation Actuator

Application No. 18/440,147

• Filed: Feb 13, 2024
• Priority: May 18, 2010 — provisional 61/345,763
  • Nov 29, 2010 — provisional 61/417,659
  • May 18, 2011 — divisional of 8978966
  • Dec 11, 2013 — continuation of 9463289
  • Sep 19, 2016 — continuation of 9808587
  • Nov 06, 2017 — continuation of 10/695,512
  • Jun 29, 2020 — continuation of 11/395,889
  • Jun 29, 2022 — continuation of 17/853,131
• Examiner: HESS, DANIEL A
• Art Unit: 2876
• Tech Center: 2800 — Semiconductors & Electrical Systems
• Assignee: Teva Pharmaceuticals Ireland
• OA Round: 1 (Non-Final)

Office Action

DETAILED ACTION

Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.

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.

Claims 1-22 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-22 of prior U.S. Patent No. 9,808,587. This is a statutory double patenting rejection.

The instant claims appear to be a word for word duplicate of the claims of U.S. Patent No. 9,808,587.

Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL A HESS whose telephone number is [phone]. The examiner can normally be reached Monday through Friday, from 9 AM to 5 PM.
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, Michael G. Lee can be reached at [phone]. 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.

/DANIEL A HESS/Primary Examiner, Art Unit 2876

Prosecution Timeline

• Feb 13, 2024: Application Filed
• Oct 17, 2025: Non-Final Rejection mailed — §101 (current)