METHODS,SYSTEMS, AND APPARATUS FOR USE IN MAIN PIPES CONNECTED TO BRANCH CONDUIT

Application No. 18/480,901

• Filed: Oct 04, 2023
• Priority: Nov 30, 2018 — provisional 62/773,844
  • Jan 30, 2019 — provisional 62/798,841
  • Mar 11, 2019 — provisional 62/816,660
  • Nov 27, 2019 — continuation of 11/391,407
  • Jul 13, 2022 — continuation of 11/828,400
• Examiner: DUNWOODY, AARON M
• Art Unit: 3679
• Tech Center: 3600 — Transportation & Electronic Commerce
• Assignee: Ina Acquisition Corp.
• OA Round: 2 (Non-Final)

Office Action

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.
Claims 69, 77 and 82 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 12, 16 of prior U.S. Patent No. 11,828,400. This is a statutory double patenting rejection.
Response to Arguments
Applicant’s arguments with respect to claim(s) above have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M DUNWOODY whose telephone number is [phone]. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 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, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.

/AARON M DUNWOODY/Primary Examiner, Art Unit 3679

Prosecution Timeline

• Oct 04, 2023: Application Filed
• Jan 27, 2026: Non-Final Rejection mailed — §101
• Mar 31, 2026: Response Filed
• May 05, 2026: Non-Final Rejection mailed — §101 (current)