Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
2. Applicant’s arguments in light of claim amendment, see Remarks, filed 7/23/26, with respect to Non-Final Rejection have been fully considered and are persuasive. The prior art rejection has been withdrawn.
W.r.t. double patenting rejection, arguments states filing of terminal disclaimer. However, no terminal disclaimer has been filed. Attempt was made to reach attorney’s office to request a terminal disclaimer but the examiner was not able to teach the attorney.
Claim Status
3. Claims 1-13, 15-17, 19-22 are pending in the application. Claims 14 and 18 are cancelled.
Double Patenting
4. As presented in the previous office action, the double patenting rejection stands. A terminal disclaimer would help potentially overcome the rejection. Double Patenting rejection stands over claims 1-26 of US Patent No. US 12,066,461.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEEL D SHAH whose telephone number is (571)270-3766. The examiner can normally be reached M-F: 9AM-5:30PM.
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, Judy Nguyen can be reached at 571-272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NEEL D SHAH/Primary Examiner, Art Unit 2858
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