DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to the communication filed on 8/13/2024. Claims 1 are pending.
Examiner Note
The examiner is here to serve, to assist, and to help applicant to the very best of his ability. The Primary Patent Examiner position is a position of serving and it is an honor to externally serve the applicant and attorney and to internally serve junior examiners and supervisors. The goal of the examiner is to work with and assist applicant to move cases along as efficiently as possible.
Applicant is encouraged to call examiner to schedule an interview if applicant has any questions about this action, wants to discuss any possible paths forward, has proposed amendments to the claims to run by the examiner, or for any other issues that applicant would like to discuss.
Examiner can normally be reached at (571) 270-3863 or michael.keller@uspto.gov, Monday-Friday, from about 6 AM - 10 PM EST and if your call is missed examiner will try to return call quickly, thank you.
Priority
This application claims priority of JP2019-146563, filed 8/8/2019. The assignee of record is NEC Corporation. The listed inventor(s) is/are: TAMURA, Toshiyuki; TAKAKURA, Tsuyoshi.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 8/13/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS(s) is/are being considered by the examiner.
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 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No 12,096,348. This is a statutory double patenting rejection.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed below, thank you:
i. US 20230015471 A1
ii. US 20210329539 A1
Conclusion
Any inquiry concerning communications from the examiner should be directed to Michael Keller at (571)270-3863 or michael.keller@uspto.gov. If attempts to reach the examiner are unsuccessful, the examiner’s supervisor, Moo Jeong can be reached on 571-272-9617.
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.
/MICHAEL A KELLER/
Primary Patent Examiner, Art Unit 2418
Prosecution Insights