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 .
Reissue Applications
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions. This application, filed July 5, 2024, is a reissue of U.S. Patent 10,959,990 (hereafter the '990 patent), which issued from U.S. application Serial No. 16/881,570 (the ‘570 application) with claims 1-12 on March 30, 2021.
Domestic Priority
According to the Application Data Sheet (ADS) filed with the instant reissue application on 07/05/2024, U.S. application 15/235,431 is a continuation in part (CIP) of 15/073,139, which is a CIP of 15/073,089, which is a CIP of 14/742,903:
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This continuity data is incorrect since it is inconsistent with USPTO records for U.S. application 15/235,431. In particular, the ADS filed 08/12/2016 in U.S. application 15/235,431 states that 15/235,431 (i.e., the blank space for “Application Number”) is a CIP of each of 15/073,139 and 15/073/089, which are each respective CIPs of 14/742,903:
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The continuity data on the face of U.S. Patent 10,052,313, which issued from 15/235,431, likewise sets forth that 15/235,431 is a CIP of each of 15/073,139 and 15/073/089, which are each respective CIPs of 14/742,903:
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In order to rectify the domestic benefit data, Applicant must file a petition for unintentionally delayed priority claim under 37 CFR 1.78(e) in the instant reissue application for two new domestic priority claims to be added. See MPEP §§ 1402.IV and 211.04. In particular, the two new priority claims are (1) 15/073,139 is a CIP of 14/742,903; and (2) 15/235,431 is a CIP of the 15/073,089.
As noted in MPEP 211.04, the petition must include a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional, and must also provide additional explanation of the circumstances surrounding the delay that establishes that the entire delay was unintentional. See 37 CFR 1.78(c). Also, a corrected ADS must accompany the petition.
Reissue Declaration
The reissue declaration by assignee filed 07/05/2024 is defective (see 37 CFR 1.175 and MPEP § 1414) because of the following:
The reissue declaration is defective because it does not name all of the inventors by their legal names and provide their residence and mailing address. The reissue declaration only names Gerald Horn out of the two co-inventors of the ‘990 patent. As noted in MPEP 1414.01, a reissue declaration must identify the joint inventors. A new reissue declaration identifying all of the joint inventors is required.
Claims 1-12 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the reissue declaration is set forth in the discussion above in this Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 9 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 3, the recitation “wherein w/w denotes weight by total weight volume” is indefinite because it is not clear what is meant by “weight volume”. It is suggested that “weight volume” be changed to “weight”. The same applies to dependent claims 9 and 10.
Duty to Disclose
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceed-ing in which Patent No. 10,959,990 is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation. Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is mate-rial to patentability of the claims under consideration in this reissue appli-cation. These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN D DIAMOND whose telephone number is (571)272-1338. The examiner can normally be reached Monday through Thursday 5:30 am to 3:00 pm, and Fridays from 5:30 am to 9:30 am.
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, Patricia Engle can be reached at 571-272-6660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Signed:
/ALAN D DIAMOND/Patent Reexamination Specialist
Central Reexamination Unit 3991
Conferees:
/JOSEPH R KOSACK/Patent Reexamination Specialist
Central Reexamination Unit 3991
/Patricia L Engle/SPRS, Art Unit 3991