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 .
Response to arguments
Applicant’s arguments with respect to all pending claims have been fully considered, but they are partially persuasive and the applicant failed to file a TD to overcome the double patenting rejection. This action are made final.
Double patenting
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12096051. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the referenced US. Patent and would be covered by any patent granted on that copending application since the referenced US. Patent and the instant application are claiming common subject matter, as follows:
Claim 1 of the current application corresponds to claim 1 of US. Pat(12096051).
Claim 2 of the current application corresponds to claim 2 of US. Pat(12096051).
Claim 3 of the current application corresponds to claim 3 of US. Pat(12096051).
Claim 4 of the current application corresponds to claim 4 of US. Pat(12096051).
Claim 5 of the current application corresponds to claim 5 of US. Pat(12096051).
Claim 6 of the current application corresponds to claim 6 of US. Pat(12096051).
Claim 7 of the current application corresponds to claim 7 of US. Pat(12096051).
Claim 8 of the current application corresponds to claim 8 of US. Pat(12096051).
Claim 9 of the current application corresponds to claim 9 of US. Pat(12096051).
Claim 10 of the current application corresponds to claim 10 of US. Pat(12096051).
Claim 11 of the current application corresponds to claim 11 of US. Pat(12096051).
Claim 12 of the current application corresponds to claim 12 of US. Pat(12096051).
Claim 13 of the current application corresponds to claims 13 of US. Pat(12096051).
Claim 14 of the current application corresponds to claim 14 of US. Pat(12096051).
Claim 15 of the current application corresponds to claim 15 of US. Pat(12096051).
Claim 16 of the current application corresponds to claim 16 of US. Pat(12096051).
Claim 17 of the current application corresponds to claim 17 of US. Pat(12096051).
Claim 18 of the current application corresponds to claim 18 of US. Pat(12096051).
Claim 19 of the current application corresponds to claim 19 of US. Pat(12096051).
Claim 20 of the current application corresponds to claim 20 of US. Pat(12096051).
Claims 1-20 of the instant application are broader in every aspect than claims 1-20 of the US. Patent and is therefore an obvious variant thereof.
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 JEAN D SAINT CYR whose telephone number is (571)270-3224. The examiner can normally be reached 9-5.
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, Brian Pendleton can be reached at 5712727527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEAN D SAINT CYR/Examiner, Art Unit 2425
/Brian T Pendleton/Supervisory Patent Examiner, Art Unit 2425