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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the same company" in line 20. There is insufficient antecedent basis for this limitation in the claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12,121,423. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-22 of the instant application are considered to be obvious over claims 1-21 of U.S. Patent No. 12,121,423.
The instant application requires all of the specifics of U.S. Patent No. 12,121,423and further recites a first and second volume and ratio between the first and second volume.
It would have been obvious to one of ordinary skill in the art at the time of the invention to consider the volume of the articles as an additional physical feature because the volume is directly proportional to the remaining physical features (i.e., width and/or length). U.S. Patent No. 12,121,423 first width greater than a second width. The same would hold true for the volume as it is directly proportional to the width. Additionally, claim 14 of U.S. Patent No. 12,121,423 requires a ratio of a first physical feature to a second physical feature and volume may be considered as the physical feature.
The limitations of claim 1 of the instant application can be found in claim 1 of U.S. Patent No. 12,121,423.
The limitations of claim 2 of the instant application can be found in claim 2 of U.S. Patent No. 12,121,423.
The limitations of claim 3 of the instant application can be found in claim 3 of U.S. Patent No. 12,121,423.
The limitations of claim 4 of the instant application can be found in claim 4 of U.S. Patent No. 12,121,423.
The limitations of claim 5 of the instant application can be found in claim 5 of U.S. Patent No. 12,121,423.
The limitations of claim 6 of the instant application can be found in claim 6 of U.S. Patent No. 12,121,423.
The limitations of claim 7 of the instant application can be found in claim 7 of U.S. Patent No. 12,121,423.
The limitations of claim 8 of the instant application can be found in claim 8 of U.S. Patent No. 12,121,423.
The limitations of claim 9 of the instant application can be found in claim 9 of U.S. Patent No. 12,121,423.
The limitations of claim 10 of the instant application can be found in claim 10 of U.S. Patent No. 12,121,423.
The limitations of claim 11 of the instant application can be found in claim 11 of U.S. Patent No. 12,121,423.
The limitations of claim 12 of the instant application can be found in claim 12 of U.S. Patent No. 12,121,423.
The limitations of claim 13 of the instant application can be found in claim 713 of U.S. Patent No. 12,121,423.
The limitations of claim 14 of the instant application can be found in claim 14 of U.S. Patent No. 12,121,423.
The limitations of claim 15 of the instant application can be found in claim 15 of U.S. Patent No. 12,121,423.
The limitations of claim 16 of the instant application can be found in claim 16 of U.S. Patent No. 12,121,423.
The limitations of claim 17 of the instant application can be found in claim 17 of U.S. Patent No. 12,121,423.
The limitations of claim 18 of the instant application can be found in claim 18 of U.S. Patent No. 12,121,423.
The limitations of claim 19 of the instant application can be found in claim 19 of U.S. Patent No. 12,121,423.
The limitations of claim 20 of the instant application can be found in claim 20 of U.S. Patent No. 12,121,423.
The limitations of claim 21 of the instant application can be found in claim 21 of U.S. Patent No. 12,121,423.
The limitations of claim 22 of the instant application can be found in claims 14 and 16 of U.S. Patent No. 12,121,423.
Claims 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 10,751,226. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-22 of the instant application are considered to be obvious over claims 1-15 of U.S. Patent No. 10,751,226.
The instant application requires all of the specifics of U.S. Patent No. 10,751,226 and further recites a first and second volume and ratio between the first and second volume.
It would have been obvious to one of ordinary skill in the art at the time of the invention to consider the volume of the articles as an additional physical feature because the volume is directly proportional to the remaining physical features (i.e., width and/or length). U.S. Patent No. 10,751,226 a ratio of a first physical feature to a second physical feature and volume may be considered as the physical feature.
The limitations of claim 1 of the instant application can be found in claim 1 of U.S. Patent No. 10,751,226.
The limitations of claim 2 of the instant application can be found in claim 2 of U.S. Patent No. 10,751,226.
The limitations of claim 3 of the instant application can be found in claim 3 of U.S. Patent No. 10,751,226.
The limitations of claim 4 of the instant application can be found in claim 4 of U.S. Patent No. 10,751,226.
The limitations of claim 5 of the instant application can be found in claim 5 of U.S. Patent No. 10,751,226.
The limitations of claim 6 of the instant application can be found in claim 2 of U.S. Patent No. 10,751,226.
The limitations of claim 9 of the instant application can be found in claim 6 of U.S. Patent No. 10,751,226.
The limitations of claim 10 of the instant application can be found in claim 7 of U.S. Patent No. 10,751,226.
The limitations of claim 11 of the instant application can be found in claim 7 of U.S. Patent No. 10,751,226.
The limitations of claim 12 of the instant application can be found in claim 7 of U.S. Patent No. 10,751,226.
The limitations of claim 13 of the instant application can be found in claim 7 of U.S. Patent No. 10,751,226.
The limitations of claim 14 of the instant application can be found in claim 8 of U.S. Patent No. 10,751,226.
The limitations of claim 15 of the instant application can be found in claim 9 of U.S. Patent No. 10,751,226.
The limitations of claim 16 of the instant application can be found in claim 10 of U.S. Patent No. 10,751,226.
The limitations of claim 17 of the instant application can be found in claim 11 of U.S. Patent No. 10,751,226.
The limitations of claim 18 of the instant application can be found in claim 12 of U.S. Patent No. 10,751,226.
The limitations of claim 19 of the instant application can be found in claim 13 of U.S. Patent No. 10,751,226.
The limitations of claim 20 of the instant application can be found in claim 14 of U.S. Patent No. 10,751,226.
The limitations of claim 21 of the instant application can be found in claim 15 of U.S. Patent No. 10,751,226.
The limitations of claim 22 of the instant application can be found in claim 10 of U.S. Patent No. 10,751,226.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached on 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELE KIDWELL/ Primary Examiner, Art Unit 3781
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