DETAILED ACTION
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 .
Herein after “it would have been obvious” should be read as “it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention”.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 21-40 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 12,094,841. This is a statutory double patenting rejection.
Claims 21-40 are word for word identical to issued claims 1-20 respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
References cited in the parent application but not previously cited in the current application are being cited herein.
Additional references that have the claimed inductor structure are also being cited.
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/Paul R. MYERS/ Primary Examiner, Art Unit 2176