DETAILED ACTION
This Office Action is in response to an application filed on November 1, 2024, in which claims 7 through 26 are pending, and ready for examination.
Acknowledgement is made of Applicant’s claim for priority from Provisional Application No. 63/600,902 filed on November 20, 2023.
Acknowledgement is made of Applicant’s preliminary amendment filed on December 16, 2024.
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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
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 7-26 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 7-26 of copending U.S. Application No. 18/934,285. This is a provisional statutory double patenting rejection since the conflicting claims have not in fact been patented.
Allowable Subject Matter
Claims 7-26 would be allowable, should Applicant overcome the statutory double patenting rejection(s) set forth herein, supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. Brant Murphy whose telephone number is (571)272-6433. The examiner can normally be reached Monday - Friday, 8am - 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amir Mehrmanesh can be reached at 571-270-3351. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. BRANT MURPHY/Primary Examiner, Art Unit 2435
February 21, 2026