RFID SYSTEM FOR DETECTING PRODUCTS IN A PRODUCT PROCESSING SYSTEM

Application No. 18/581,121

• Filed: Feb 19, 2024
• Priority: May 20, 2008 — divisional of 61/054,757
  • Apr 10, 2009 — provisional 61/168,364
  • May 20, 2009 — divisional of 8610577
  • Dec 16, 2013 — continuation of 9742065
  • Aug 18, 2017 — continuation of 10/103,438
  • Oct 15, 2018 — continuation of 10/498,036
  • Dec 02, 2019 — continuation of 11/011,842
  • May 14, 2021 — continuation of 11/600,924
  • Mar 03, 2023 — continuation of 11/916,308
• Examiner: PHAN, THO GIA
• Art Unit: 2845
• Tech Center: 2800 — Semiconductors & Electrical Systems
• Assignee: Deka Products Limited Partnership
• OA Round: 3 (Non-Final)

Office Action

DETAILED ACTION
Remark
An rce filed on 8/26/25 had been entered in the application.

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 1-11 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-16 of prior U.S. Patent No. 9,203,143. This is a statutory double patenting rejection.

Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THO GIA PHAN whose telephone number is [phone]. The examiner can normally be reached on M-F (8-430).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dimary Lopez can be reached on [phone]. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THO G PHAN/
Primary Examiner, Art Unit 2845

Prosecution Timeline

• Feb 19, 2024: Application Filed
• Dec 12, 2024: Non-Final Rejection — §101, §DP
• Mar 14, 2025: Response Filed
• May 28, 2025: Final Rejection — §101, §DP
• Aug 26, 2025: Request for Continued Examination
• Aug 28, 2025: Response after Non-Final Action
• Sep 14, 2025: Non-Final Rejection — §101, §DP (current)