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 8, 2024, is a reissue of U.S. Patent 11,179,327 (hereinafter the ‘327 patent), which issued from U.S. application Serial No. 16/106,730 (the ‘730 application) with claims 1-15 on November 23, 2021.
Reissue Declaration
The reissue declaration by assignee filed 07/08/2024 is defective (see 37 CFR 1.175 and MPEP § 1414) because of the following:
The reissue declaration is defective because it improperly lists Lee Nordan as a co-inventor. Lee Nordan is the person removed as a co-inventor from the ‘327 patent by the instant reissue application. As noted in MPEP 1414.01, a reissue declaration must identify the inventor. Non-inventor(s) cannot be listed on the reissue declaration.
A new reissue declaration identifying Gerald Horn as the sole inventor is required.
Claims 1-15 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.
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 at571-272-6660. 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Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users.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/ /Patricia L Engle/Patent Reexamination Specialist SPRS, Art Unit 3991
Central Reexamination Unit 3991
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