This Office Action is in response to the papers filed on May 8, 2024.
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of parent United States Patent 12,010,931 (cited in the Information Disclosure Statement filed on July 29, 2024). Although the claims at issue are not identical, they are not patentably distinct from each other because this continuation application’s claim 5 is broader than the parent patent’s claim 5.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of parent United States Patent 12,010,931. Although the claims at issue are not identical, they are not patentably distinct from each other because this continuation application’s claim 6 is broader than the parent patent’s claim 6.
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of parent United States Patent 12,010,931. Although the claims at issue are not identical, they are not patentably distinct from each other because this continuation application’s claim 7 is broader than the parent patent’s claim 7.
Claims 1-4 and 8-19 are allowed. The prior does not disclose or suggest independent claim 1 as a whole, including the cap layer.
United States Patent 12,156,487 is related to this application.
Registered practitioners can telephone the examiner at (571) 272-1843. Any voicemail message left for the examiner should include the registration number of the registered practitioner calling. The examiner’s supervisor is Wael Fahmy, whose telephone number is (571) 272-1705.
/MARK V PRENTY/Primary Examiner, Art Unit 2814