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 .
Response to Amendment
This office action is in response to the amendment filed on 3/30/2026. Currently claims 19-36 are pending.
Response to Arguments
Applicant’s arguments, see pg. 6, filed 3/30/2026, with respect to the previous rejection of claims 19-36 rejection under 35 USC 112(b) have been fully considered and are persuasive. The previous rejection of claims 19-36 under 35 USC 112(b) has been withdrawn.
Applicant’s arguments, see pgs. 7-8, filed 3/30/2026, with respect to the previous rejections of:
Claims 19 and 28 under 35 USC 103 as being unpatentable over Knowlton in view of Cannon
Claims 20-21 and 29-30 under 35 USC 103 as being unpatentable over Knowlton in view of Cannon in view of Hendrick
Claims 22, 24-25, 31 and 33-34 under 35 USC 103 as being unpatentable over Kowlton in view of Cannon in view of Croll
Claims 23 and 32 rejected under 35 USC 103 as being unpatentable over Knowlton in view of cannon in view of Croll in view of Daly
Claims 26-27 and 35-36 under 35 USC 103 as being unpatentable over Knowlton in view of Cannon in view of Zemmouri
have been fully considered and are persuasive. The previous prior art rejection of claims 19-36 has been withdrawn.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 19-36 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11931102 hereafter known as Pat ‘102. Although the claims at issue are not identical, they are not patentably distinct from each other because Pat ‘102 anticipates all the limitations as outlined in the table below.
Claim in this application
Where claim limitations are found in Pat ‘102
Claim 19
Claim 1
Claim 20
Claim 2
Claim 21
Claim 3
Claim 22
Claim 1 and 4
Claim 23
Claim 4
Claim 24
Claim 5
Claim 25
Claim 6
Claim 26
Claim 7
Claim 27
Claim 8
Claim 28
Claim 9
Claim 29
Claim 10
Claim 30
Claim 11
Claim 31
Claim 12
Claim 32
Claims 9 and 13
Claim 33
Claim 14
Claim 34
Claim 15
Claim 35
Claim 16
Claim 36
Claim 17
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEBASTIAN X LUKJAN whose telephone number is (571)270-7305. The examiner can normally be reached Monday - Friday 9:30AM-6PM.
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SEBASTIAN X LUKJAN
/SXL/Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792
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