DETAILED ACTION
Response to Arguments
Applicant's arguments filed 29 JUL 25 have been fully considered but they are not persuasive.
Re: priority, resubmitting another Application Data Sheet (ADS) is unnecessary as the ADS filed originally includes reference to prior application number 17/683,335. Rather, reference to the U.S. Patent that matured therefrom should be included in the first sentence of the disclosure, i.e., ¶ [0001], “17/683,335 … February 28, 2022, --which matured into U.S. Patent No. 11,933,592--…” or, akin to that already noted therein --(now U.S. Patent No. 11,933,592)--. Apologies for any confusion.
Re: double patenting, it is never premature for an examiner to make proper rejection. Applicant concedes “the fact that Independent Claim 1 of the instant Application is clearly broader in scope than Independent Claim 1 of Patent No. 11,933,592,” which alone suffices as ground for a non-obviousness double patenting rejection. That is, instant claim 1 clearly omits recitations regarding third and fourth cannelure surface portions found in patent claim 1 and recites such in dependent claim 2, apparently. Thus, instant claims 1-2 are otherwise identical to patent claim 1. This amount to a mere rewording patent claim 1. Thus, the rejection is proper.
Furthermore, Applicant was invited to submit evidence to the contrary but has chosen to submit none. Rather Applicant argues that the time for rejection is not ripe because Applicant may amend the claims. However, no amendments have been submitted either.
The examiner is not permitted to say claims are allowable when such are not. Given the outstanding rejection and the nature of the response in not addressing the rejection, such rejection must stand.
Priority
The statement of priority is improper and should include a reference to U.S. Patent No. 11,933,592, into which the parent application, US 17/683,335, matured. See note, above
Double Patenting
See previous office action for the basis of and how to overcome this type of rejection.
Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11,933,592. Although the claims are not identical, they are not patentably distinct because all limitation in the instant claims can be found in the patented claims or would have been obvious to one of ordinary skill in the art at the time of invention. Evidence to the contrary is welcome.
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 should be directed to Bret Hayes at telephone number (571) 272 – 6902, fax number (571) 273-6902, or email address bret.hayes@uspto.gov, which is preferred, especially for requesting interviews, general questions, etc. Note, however, that return correspondence cannot be made in the event that information subject to the confidentiality requirement as set forth in 35 U.S.C. § 122 has been included. See MPEP §§ 502.03 and 713.01, I, regarding email communications. The examiner can normally be reached Mondays through Fridays from 5:30 AM to 1:30 PM, Eastern.
The Central FAX Number is 571-273-8300.
If attempts to contact the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers, can be reached at (571) 272 – 6874.
/Bret Hayes/
Primary Examiner, Art Unit 3641
16-Sep-25