CTNF 18/769,558 CTNF 79515 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Claims 1-20 are presented for examination. Information Disclosure Statement The IDS filed on 7/11/2024 are considered. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of U.S. Patent No. 12,068,850 . Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims contain the same scope as of the patented claims and are anticipated by the patented claims . Application claims Patented claims Correspondence 1 1 Anticipated by patented claim 2 2 Anticipated by patented claim 3 3 Anticipated by patented claim 4 4 Anticipated by patented claim 5 5 Anticipated by patented claim 6 6 Anticipated by patented claim 7 7 Anticipated by patented claim 8 8 Anticipated by patented claim 9 9 Anticipated by patented claim 10 10 Anticipated by patented claim 11 11 Anticipated by patented claim 12 12 Anticipated by patented claim 13 13 Anticipated by patented claim 14 14 Anticipated by patented claim 15 15 Anticipated by patented claim 16 16 Anticipated by patented claim 17 17 Anticipated by patented claim 18 19 Anticipated by patented claim 19 20 Anticipated by patented claim 20 18 Anticipated by patented claim 08-34 AIA Claim s 1-4, 7-14, 16-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-8 of U.S. Patent No. 11,387,937 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims contain the same scope as of the patented claims and are anticipated by the patented claims or are only different in claim language arrangement . Pending claims Patented claims Correspondence 1 1 Identical scope with different claim language arrangement 2 2 Anticipated by patented claim 3 3 Anticipated by patented claim 4 4 Anticipated by patented claim 7 5 Identical scope with different claim language arrangement 8 6 Anticipated by patented claim 9 7 Anticipated by patented claim 10 8 Anticipated by patented claim 11 1 Identical scope with different claim language arrangement for receiving end 12 2 Anticipated by patented claim 13 3 Anticipated by patented claim 14 4 Anticipated by patented claim 16 5 Identical scope with different claim language arrangement for receiving end 17 6 Anticipated by patented claim 18 7 Anticipated by patented claim 19 8 Anticipated by patented claim 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-12 of U.S. Patent No. 11,949,506 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims contain the same scope as of the patented claims and are anticipated by the patented claims or are only different in claim language arrangement . Application claims Patented claims Correspondence 1 1 Identical scope and obvious correspondence for signal generating end in relation to receiving end 2 2 Identical scope 3 3 Identical scope 4 4 Identical scope 5 6-8 Identical scope with different claim language arrangement 6 5 Anticipated by patented claim 7 9 Identical scope and obvious correspondence for signal generating end in relation to receiving end 8 10 Identical scope 9 11 Identical scope 10 4 Identical scope of corresponding claim in different claim tree 11 1 Same scope and anticipated by patented claim 12 2 Anticipated by patented claim 13 3 Anticipated by patented claim 14 4 Anticipated by patented claim 15 5 Anticipated by patented claim 16 9 Same scope and anticipated by patented claim 17 10 Anticipated by patented claim 18 11 Anticipated by patented claim 19 12 Anticipated by patented claim 20 5 Identical scope of corresponding claim in different claim tree Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jang et al, US 2021/0050914 A shortened statutory period for reply to this Office action is set to expire Three MONTHS from the mailing date of this action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNY S LIN whose telephone number is (571) 272-3968. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). KENNY S. LIN Examiner Art Unit 2416 /Kenny S Lin/ Primary Examiner, Art Unit 2416 June 8, 2026 Application/Control Number: 18/769,558 Page 2 Art Unit: 2416 Application/Control Number: 18/769,558 Page 3 Art Unit: 2416 Application/Control Number: 18/769,558 Page 5 Art Unit: 2416 Application/Control Number: 18/769,558 Page 6 Art Unit: 2416 Application/Control Number: 18/769,558 Page 7 Art Unit: 2416
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