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 .
Bauman Type Continuation Application
The present application, Serial No. 18/794,403 (“the ‘403 application”), was filed under 35 U.S.C. 111 as a utility application, i.e., a Bauman continuation, of application No. 18/634,437, which is a Bauman continuation of reissue application No. 17/400,758, filed 08/12/2021, which is a reissue of application No. 15/208,040, filed 07/12/2016, now U.S. Patent No. 10,376,472, which issued to Wood et al on 08/13/2019. Application No. 15/208,040 is a continuation of application No. 14/748,456, filed 06/24/2015, now U.S. Patent No. 9,421,793.
The present application was filed on 08/05/2024 without any indicia that it was intended to be a continuation reissue. Likewise, 18/634,437 was filed without any indicia that it was intended to be a reissue continuation. Indicia that a continuing reissue application was filed are, as per MPEP 1451:
1. A 37 CFR 1.175 reissue oath/declaration, which is not merely a copy of the parent’s reissue oath/declaration.
2. A specification and/or claims in proper double column reissue format per 37 CFR 1.173.
3. Amendments in proper format per 37 CFR 1.173.
4. A 37 CFR 3.73 statement of assignee ownership and consent by assignee.
5. A correct transmittal letter identify the application as a reissue filing under 35 U.S.C. 251.
6. An identification of the application as being “a reissue continuation of application No. 17/400,758” or “a continuation of application number 17/400,758 and an application for reissue of patent number 10,376,472" or equivalent language.
Since the present application and 18/634,437 were filed without any of said indicia, the present application is a Bauman type continuation.
The claims in a Bauman type continuation application will not have the same effective U.S. filing date as the original patent. This is because a reissue application is necessarily filed after the patenting of the original application. Therefore, a Bauman type continuation application does not satisfy the copendency requirement of 35 U.S.C. 102 with respect to the original patent. Accordingly, the earliest possible effective U.S. filing date of the present application is the 08/12/2021 filing date of the earlier 17/400,758 reissue application. See In re Bauman, 683 F.2d 405, 214 USPQ 585 (CCPA 1982). See also MPEP 1451.
35 U.S.C. §102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 47-66 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by U.S. Patent 10,376,472 to Wood et al (hereinafter “Wood”).
Wood’s specification and the instant specification disclose identical inventions. Accordingly, Wood teaches all the limitations of the instant claims and thus, anticipates claims 47-66.
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 on 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/ /Patricia L Engle/Patent Reexamination Specialist SPRS, Art Unit 3991
Central Reexamination Unit 3991