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 .
Claims 1 to are presented for examination.
Information Disclosure Statement
The references listed in the information disclosure statement submitted on 1-20-2000 have been considered by the examiner (see attached PTO-1449).
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.
Claims 27 to 47 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1to 15, and 20 to 25 of prior U.S. Patent No. 12,066,888. This is a statutory double patenting rejection.
Claims 27 and 39 are performing noticeably the same invention of the prior patent claims (1 and 13) although the order of the claimed phrase is recited differently the scope of the invention is the same. The order of the phrase does not change the claim scope and process, thus, whether “performing an exclusive OR (XOR) operation on the plurality of ECC bits and a fixed encoding pattern to generate a plurality of encoded ECC bits when an access control field is selected in the write request” (claim 27) is the same as “when an access control field is selected in the write request, perform an exclusive-OR (XOR) operation on the plurality of ECC bits and a fixed encoding pattern to generate a plurality of encoded ECC bits”.
Claims 28 to 30 are equivalent to patent claims (8 to 10), thus are rejected for statutory double patenting.
Claims 31 to 35 are equivalent to patent claims (3 to 7) respectively, and are rejected for statutory double patenting.
Claims 36 to 38 are equivalent to patent claims (2, 12 and 11) respectively; therefore, these claims are rejected for statutory double patenting.
Claims 40 and 41 are substantially the same as the patent claims (20 and 21) respectively, thus they are rejected for statutory double patenting.
Claims 42 and 43 are substantially the same as the patent claims (14 and 15) respectively, thus they are rejected for statutory double patenting.
Claim 44 is similar to claims (27 and 39) and is similar to patent (12, 066, 888) claim 22, thus claim 44 is rejected for the same rationale applied to claim 27 for statutory double patenting.
Claims 45 to 47 are substantially similar to claims 23 to 25 respectively, and they are also rejected for statutory double patenting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kaynak et al. (2022/0350700 A1) discloses a method and an apparatus for error correction with syndrome computation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHELLY A CHASE whose telephone number is (571)272-3816. The examiner can normally be reached Mon-Thu 8:00-5:30, 2nd Friday 8:00-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Albert Decady can be reached at 571-272 3819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Shelly A Chase/Primary Examiner, Art Unit 2112
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