System and Method for Detection of Target Substances

Application No. 18/759,201

• Filed: Jun 28, 2024
• Priority: Mar 29, 2013 — provisional 61/806,425
  • Sep 06, 2013 — provisional 61/874,590
  • Mar 27, 2014 — CIP of 9939431
  • Sep 26, 2014 — CIP of 9939432
  • Sep 14, 2015 — provisional 62/218,196
  • Sep 30, 2015 — provisional 62/234,748
  • Sep 14, 2016 — divisional of 10/254,279
  • Feb 18, 2019 — continuation of 10/533,995
  • Dec 05, 2019 — continuation of 12/031,979
• Examiner: SINES, BRIAN J
• Art Unit: 1796
• Tech Center: 1700 — Chemical & Materials Engineering
• Assignee: Nima Partners Inc.
• OA Round: 1 (Non-Final)

Office Action

DETAILED ACTION
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
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.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 10,533,995 B2. This is a statutory double patenting rejection. Claim 1 of the present application appears to be identical to claim 1 of the prior issued patent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sundvor et al. (US 12,031,979 B2) is the issued patent of parent application no. 16/704,184.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN J. SINES whose telephone number is [phone]. The examiner can normally be reached 9 AM-5 PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at [phone]. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRIAN J. SINES
Primary Patent Examiner
Art Unit 1796

/BRIAN J. SINES/Primary Examiner, Art Unit 1796

Prosecution Timeline

• Jun 28, 2024: Application Filed
• Jun 29, 2026: Non-Final Rejection mailed — §101 (current)