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
Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 3, 4 of U.S. Patent No. 11855276 Although the claims at issue are not identical, they are not patentably distinct from each other because
Although the conflicting claims are not identical, the scope of the claimed limitations of the instant application as claimed in claims 1-5 is similar to that of the claimed limitations of U.S. Patent No. 11855276 as claimed in claims 1-4. Therefore, the claims are not patentably distinct from each other.
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 KIRAN QURAISHI AKHTAR whose telephone number is (571)270-7589. The examiner can normally be reached Monday-Thursday 9AM-7PM.
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/KIRAN QURAISHI AKHTAR/Primary Examiner, Art Unit 1751
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