DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Prosecutorial Standing
2. This communication is in response to the Applicant’s Arguments and Remarks filed on 06.09.2026.
Response to Amendment
3. Applicant's “Amendment and Request for Reconsideration” filed on 06.09.2026 has been considered. Claim 1 has been amended. Therefore, claim 1 is currently pending in this application, and will be subject to further examination and evaluation in due course, as detailed below.
4. Applicant's response by virtue of amendment to claim 1 did overcome the Examiner's rejection under 35 USC §101. Therefore, the 35 USC §101 is withdrawn.
5. Applicant's response by virtue of amendment to claim 1 did overcome the Examiner's rejection under 35 USC §103. Therefore, the 35 USC §103 is withdrawn.
Allowable Subject Matter
6. Claim 1 will not be considered for allowance until 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Response to Arguments
7. Applicant's arguments filed on 06.09.2026 have been fully considered but they are persuasive.
In response to the Double Patenting Rejection of claim 1, Applicant filed a Terminal Disclaimer on September 29, 2026. However, the Terminal Disclaimer has not yet been approved by the Office. Upon approval of the Terminal Disclaimer, Applicant is advised to file a request for reconsideration after final in order to continue prosecution of the instant application.
Conclusion
8. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Garcia Ade whose telephone number is (571)272-5586. The examiner can normally be reached on Monday - Friday.
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, Florian Zeender can be reached on 517-272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
10. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Garcia Ade/Primary Examiner, Art Unit 3627
/GA/Primary Examiner, Art Unit 3627
GARCIA ADE
Primary Examiner
Art Unit 3687
