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 .
DETAILED ACTION
Applicant’s amendments and arguments filed on May 20, 2026 have been fully considered.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 12, 23, 27 and 28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5 and 13-15 of U.S. Patent No. 12,130,560. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 12, claim 13 of the patent is directed to a driving apparatus that drives a target object, the apparatus comprising: a linear motor including a stator in which a plurality of coils are arrayed, and a mover provided with the target object (“a linear motor”) in a predetermined range (“driving the mover in a predetermined range by the linear motor”); a moving mechanism configured to move the stator along an array direction of the plurality of coils (“a moving mechanism”); and a controller (‘a controller”) configured to execute a driving sequence including a first driving process of driving the target object by the linear motor with the stator at a first position (“a first driving process”), in a period between the first driving process and a second driving process, moving the stator to a second position (“after the first driving process, a changing process of changing a position of the stator”) along the array direction of the plurality of coils (“moving mechanism configured to move the stator along an array direction of the plurality of coils”), and then performing a second driving process (“after the changing process, a second driving process of driving the mover”) wherein magnitude of a current of a first coil when the stator is at the first position (”supply a first current to a first coil…when accelerating the mover in a predetermined direction in the first driving process”) is different from magnitude of current of the first coil when stator is at the second position (“supply a second current smaller than the first current to the first coil…in the second driving process”).
Regarding claim 23, claim 5 of the patent is directed to a control method of a driving apparatus that drives a target object in a predetermined range (“first driving of driving the mover in a predetermined range”), by a linear motor including a stator in which a plurality of coils are arrayed and a mover provided with the target object, the method comprising: performing a first driving process of driving the target object by the linear motor with the stator at a first position (“first driving of driving the mover…by the linear motor”); in a period between the first driving process and a second driving process (“changing, after the first driving, a position of the stator with respect to the predetermined range”), moving the stator from the first position to a second position along an array direction of the plurality of coils (claim 5); and then performing a second driving process of driving the target by the linear motor with the stator at the second position (“second driving of driving, after the changing”), wherein magnitude of a current of a first coil included in the plurality of coils when the stator is at the first position is different from magnitude of a current of the first coil when the stator is at the second position (“when accelerating the mover in a predetermined direction in the first driving, a first current is supplied to a first coil … when accelerating the mover in the predetermined direction in the second driving, a second current smaller than the first current is supplied to the first coil”).
Claim 27 corresponds to claim 14 of the patent.
Claim 28 corresponds to claim 15 of the patent.
Allowable Subject Matter
Claims 13, 16-22 and 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 12, 23, 27 and 28 would be allowable if the double patenting rejections are overcome.
Niwatsukino (2007/0279614) discloses a controller configured to perform a first driving process, moving the stator and then performing a second driving process as indicated in the rejection of claim 12. However, Niwatsukino does not disclose the method of moving the stator in the middle of a driving pattern. Niwatsukino does not disclose changing the position of the stator between the first driving process and the second driving process. Niwatsukino discloses avoiding the problem of a large load applying only to the phase A coil “by displacing the stator coil before start of the exposure” in para 0032. Also in para 0036, Niwatsukino discloses, “if the same driving pattern is going to be repeated, the procedure at the first, second and third steps may be carried out only once at the initial operation” (para 0036). In Niwatsukino, the first, second and third steps are indicated in Fig 1. The first step is acquiring exposure parameter. The second step is calculating position where driving power is largest, and the third step is moving stator coil (para 0033-0035).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER B KIM whose telephone number is (571)272-2120. The examiner can normally be reached M-F 8:00 AM - 4:00 PM.
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, Toan Ton can be reached at (571) 272-2303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/PETER B KIM/ Primary Examiner, Art Unit 2882 June 23, 2026
Prosecution Insights