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 .
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 1-27 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. Claims that depend directly or indirectly from claim 1, 9 and 19 is/are also rejected due to said dependency.
In regard to claims 1 and 19, “the first portion” lacks of sufficient antecedent basis. It is unclear whether it refers to “a first structure” recited in claims 1 and 19 or not. Clarification is requested by amendments.
In regard to claim 2, “the third optical fiber” lacks of sufficient antecedent basis. It is unclear whether it refers to “a third optical conductor” recited in claim 1 or not. Clarification is requested by amendments.
In regard to claim 3, “the third coupler” lacks of sufficient antecedent basis.
In regard to claim 7, the claim recites “forming exterior threads on the fifth structure; forming exterior threads on the third structure; and threading the exterior threads into the interior threads “. First of all, “the interior threads” lacks of sufficient antecedent basis. Secondly, it is unclear whether “the exterior threads” refers to the exterior threads on the third structure, the fifth structure, or both structures. Clarification is requested by amendments.
In regard to claim 9, “the six structure” lacks of sufficient antecedent basis.
In regard to claim 24, “the second optical fiber… the first optical fiber; the third optical fiber… the fourth optical fiber; and the fifth optical fiber” lack of sufficient antecedent bases. It is unclear whether they refer to “first/second/third/fourth/fifth optical conductor(s)” recited in claims 19 and 23 or not. Clarification is requested by amendments.
In regard to claim 27, “the first optical fiber… the second optical fiber…” lack of sufficient antecedent bases. It is unclear whether they refer to “first/second optical conductor(s)” recited in claim 19 or not. Clarification is requested by amendments.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 12-21 and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Bechtel et al. (USPGPUB 2021/0177312), and further in view of Poll (USPGPUB 2022/0378279). In regard to claim 1, Bechtel discloses a method (Figs. 1-19 and associated descriptions) comprising: forming a housing (Figs. 1-4 and 17-19 and associated descriptions) comprising a first structure (element 415, 1705 and/or 1905a, Figs. 17 and 19 and associated descriptions) and a second structure (elements 419, 449, and/or 1905b, Figs. 4, 17 and 19 and associated descriptions); providing the housing comprising the first and second structures is reusable with a plurality of laparoscopic elements that are disposable (abstract; [0009]; [0011-0012]; [0050]; [0095]; Figs. 4, 17 and 19 and associated descriptions); forming a first opening at an end of the first portion (rejected as best understood, see the 35 USC 112(b) rejection above; opening associated with elements 419, 449, and/or 1905b of the first structure, Figs. 4, 17 and 19 and associated descriptions); positioning in the first structure a processor (element 420, Figs. 4, 17 and 19 and associated descriptions), a memory coupled to the processor (element 422, Figs. 4, 17 and 19 and associated descriptions), and a light engine coupled to the processor (element(s) 440, Figs. 4, 17 and 19 and associated descriptions); forming a second opening at a first end of the second structure (opening associated with upper portions of elements 419, 449, and/or 1905b, Figs. 4, 17 and 19 and associated descriptions); coupling the second structure to the first structure by coupling the second opening of the second structure to the first opening of the first structure (the first and second structures are coupled through associated openings, Figs. 4, 17 and 19 and associated descriptions); forming a first optical interface at a second end of the second structure (the optical interface between elements 417, 419 and/or 449, Figs. 4, 17 and 19 and associated descriptions); coupling a photodetector to the first optical interface and the processor (elements 455, Figs. 4, 17 and 19 and associated descriptions); coupling a first optical conductor through the first and second openings to the light engine and the first optical interface (elements 447 or 450, Figs. 4, 17 and 19 and associated descriptions); forming a laparoscopic element to removably couple to the second structure of the housing (elements 450, 452, 485, 464, and/or 1908, Figs. 4, 17 and 19 and associated descriptions) and comprising a third structure (element 485, Figs. 4, 17 and 19 and associated descriptions), a fourth structure (elements 417 and/or 452, Figs. 4, 17 and 19 and associated descriptions), and a second optical conductor (elements 450 and/or 464, Figs. 4, 17 and 19 and associated descriptions); forming a third opening at a first end of the third structure and at a first end of the laparoscopic element (opening associated with the top portion of element 485, Figs. 4, 17 and 19 and associated descriptions); forming a fourth opening in the third structure oppositely located from the third opening in the third structure (opening associated with the lower portion of element 485, Figs. 4, 17 and 19 and associated descriptions); positioning a sensor head at a second end of the fourth structure that is oppositely located from a first end of the fourth structure (elements 457, 1757 and/or 1957, Figs. 4, 17 and 19 and associated descriptions); optically coupling the second optical conductor to the first optical conductor in an interior space of the third structure when the laparoscopic element is removably coupled to the second structure of the housing (elements 417, 450 and/or 464, Figs. 4, 17 and 19 and associated descriptions); coupling the second optical conductor through an interior space of the fourth structure to the sensor head (elements 450 and/or 464, Figs. 4, 17 and 19 and associated descriptions); optically coupling a third optical conductor to the photodetector in the interior space of the third structure when the laparoscopic element is removably coupled to the second structure of the housing (elements 417 and/or 464, Figs. 4, 17 and 19 and associated descriptions); and coupling the third optical conductor through the interior space of the fourth structure to the sensor head (elements 417 and/or 464, Figs. 4, 17 and 19 and associated descriptions).
Bechtel discloses a twist lock and a latch, a setscrew, a rotatable collar for connection between the laparoscopic element and the probe unit ([0051]) but does not specifically discloses coupling an interior surface of the third structure over an outside surface of the second structure through the third opening forming a mated connection coupling when the laparoscopic element is removably coupled to the second structure of the housing
Poll teaches a laparoscopic device (Figs. 1-13 and associated descriptions) comprises coupling an interior surface of a laparoscopic element (trocar 102, Figs. 1G-1H, 2A-2C and 3A-3C and associated descriptions) over an outside surface of a structure (elements 100, element 102, Figs. 1G-1H, 2A-2C and 3A-3C and associated descriptions) through an opening forming a mated connection coupling when the laparoscopic element is removably coupled to the second structure of the housing (rotation locking/ mating, Figs. 1G-1H, 2A-2C and 3A-3C and associated descriptions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method (Bechtel) to incorporate the rotation locking/ mating configurations and associated elements/function/configurations as taught by Poll, since both devices are laparoscopic optical systems and one of ordinary skill in the art would have recognized that the rotation locking/ mating configurations as taught by Poll facilitate the connection between laparoscopic/ optical elements and prevent disconnection (see Poll). The rationale would have been to better connect laparoscopic/ optical elements and prevent disconnection.
In regard to claim 2, Bechtel as modified by Poll discloses optically coupling the third optical conductor to the photodetector through an air gap located between the third optical fiber and the photodetector (rejected as best understood, see the 35 USC 112(b) rejection above; any air gap(s) near elements 417, 419, 449, 478, and/or 480, Figs. 4, 17 and 19 and associated descriptions; [0111] of Bechtel).
In regard to claim 3, Bechtel as modified by Poll discloses forming a male portion of the second structure; and forming a female portion of the third coupler, wherein coupling the interior surface of the third structure over the outside surface of the second structure through the third opening forming the mated connection coupling comprises positioning the male portion of the second structure in the female portion of the third coupler (rejected as best understood, see the 35 USC 112(b) rejection above; referring to claim 1 above; Figs. 1G-1H, 2A-2C, 3A-3C and 8A-8B and associated descriptions of Poll).
In regard to claim 4, Bechtel as modified by Poll discloses a first diameter and the fourth opening of the third structure comprises a second diameter less than the first diameter (element 485, Figs. 4, 17 and 19 and associated descriptions of Bechtel; trocar(s), Figs. 1G-1H, 2A-2C, 3A-3C and 8A-8B and associated descriptions of Poll).
In regard to claim 5, Bechtel as modified by Poll discloses the fourth opening is at a position closer to a tip of the laparoscopic element than the first end of the laparoscopic element (Figs. 4, 17 and 19 and associated descriptions of Bechtel).
In regard to claim 6, Bechtel as modified by Poll discloses the second optical conductor is longer than the first optical conductor and the third optical conductor is longer than the first optical conductor (elements 447, 450, and 464, Figs. 4, 17 and 19 and associated descriptions of Bechtel).
In regard to claim 12, Bechtel as modified by Poll discloses a display to the first portion of the housing and to the processor; providing the display is visible from an exterior of the first portion (display, Figs. 1-2 and 4 and associated descriptions of Bechtel).
In regard to claim 13, Bechtel as modified by Poll discloses positioning the first end of the fourth structure in the interior space through the fourth opening of the third structure (elements 452/485, Figs. 4, 17 and 19 and associated descriptions of Bechtel).
In regard to claim 14, Bechtel as modified by Poll discloses positioning the second optical conductor at least partially in an interior space of the fourth structure (elements 450 and/or 464, Figs. 4, 17 and 19 and associated descriptions of Bechtel).
In regard to claim 15, Bechtel as modified by Poll discloses optically coupling the second optical conductor to the first optical conductor in an interior space of the third structure comprising coupling the first and second optical conductors end-to-end (elements 447 and 450, Figs. 4, 17 and 19 and associated descriptions of Bechtel).
In regard to claim 16, Bechtel as modified by Poll discloses positioning a printed circuit board (PCB) ([0110]; [0137]; claim 15; Figs. 8-9 and associated descriptions of Bechtel); and coupling the photodetector to a surface of the PCB (Figs. 6-9 and 19 and associated descriptions of Bechtel) but does not specifically discloses the PCB is positioned in an interior space of the second structure. However, Bechtel further discloses the photodetectors and TIAs are positioned in an interior space of the second structure (elements 455 and 460, Fig. 19 and associated descriptions of Bechtel). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method to incorporate the PCB in the interior space of the second structure in order to support the photodetectors and TIAs.
In regard to claim 17, Bechtel as modified by Poll discloses facing the surface of the PCB on which the photodetector is located towards the sensor head of the laparoscopic element (referring to claim 16 above; element 455 is located towards the sensor head, Fig. 19 and associated descriptions of Bechtel).
In regard to claim 18, Bechtel as modified by Poll discloses providing the second structure comprises a first axis extending through the first opening of the first structure and the first optical interface positioned opposite of the first opening of the first structure (Figs. 1-4, 17 and 19 and associated descriptions of Bechtel; Figs. 1G-1H, 2A-2C and 3A-3C and associated descriptions of Poll); providing the third structure comprises a second axis extending through the third opening of the third structure and the fourth opening of the third structure; providing the fourth structure comprises a third axis extending through the sensor head and an opening at the first end of the fourth structure; and axially aligning the first, second, and third axes when the housing and laparoscopic element are removably coupled (Figs. 1-4, 17 and 19 and associated descriptions of Bechtel; Figs. 1G-1H, 2A-2C and 3A-3C and associated descriptions of Poll).
In regard to claim 19, Bechtel as modified by Poll discloses method comprising: forming a housing comprising a first structure and a second structure (referring to claim 1 above); providing the housing comprising the first and second structures is reusable with a plurality of laparoscopic elements that are disposable (referring to claim 1 above); forming a first opening at an end of the first portion (referring to claim 1 above); positioning in the first structure a processor, a memory coupled to the processor, and a light engine coupled to the processor (referring to claim 1 above); forming a second opening at a first end of the second structure (referring to claim 1 above); coupling the second structure to the first structure by coupling the second opening of the second structure to the first opening of the first structure (referring to claim 1 above); forming a first optical interface at a second end of the second structure (referring to claim 1 above); coupling a photodetector to a printed circuit board (PCB) in an interior space of the second structure (referring to claims 1 and 16 above); coupling the photodetector to the processor via the PCB (referring to claims 1 and 16 above); coupling a first optical conductor through the first and second openings to the light engine and the first optical interface (referring to claim 1 above); forming a laparoscopic element to removably couple to the second structure of the housing (referring to claim 1 above) and comprising a third structure, a fourth structure, and a second optical conductor (referring to claim 1 above); forming a third opening at a first end of the third structure and at a first end of the laparoscopic element (referring to claim 1 above); forming a fourth opening in the third structure oppositely located from the third opening in the third structure (referring to claim 1 above); coupling an interior surface of the third structure over an outside surface of the second structure through the third opening forming a mated connection coupling when the laparoscopic element is removably coupled to the second structure of the housing (referring to claim 1 above); positioning a sensor head at a second end of the fourth structure that is oppositely located from a first end of the fourth structure (referring to claim 1 above); optically coupling the second optical conductor to the first optical conductor in an interior space of the third structure when the laparoscopic element is removably coupled to the second structure of the housing (referring to claim 1 above); coupling the second optical conductor through an interior space of the fourth structure to the sensor head (referring to claim 1 above); optically coupling a third optical conductor to the photodetector in the interior space of the third structure when the laparoscopic element is removably coupled to the second structure of the housing (referring to claim 1 above); and coupling the third optical conductor through the interior space of the fourth structure to the sensor head (referring to claim 1 above).
In regard to claim 20, Bechtel as modified by Poll discloses facing the surface of the PCB on which the photodetector is located towards the sensor head of the laparoscopic element (referring to claims 16-17 above).
In regard to claim 21, Bechtel as modified by Poll discloses providing the second structure comprises a first axis extending through the first opening of the first structure and the first optical interface positioned opposite of the first opening of the first structure; providing the third structure comprises a second axis extending through the third opening of the third structure and the fourth opening of the third structure; providing the fourth structure comprises a third axis extending through the sensor head and an opening at the first end of the fourth structure; and axially aligning the first, second, and third axes when the housing and laparoscopic element are removably coupled (referring to claim 18 above).
In regard to claim 23, Bechtel as modified by Poll discloses coupling a fourth optical conductor through the first and second openings to the light engine and the first optical interface (elements 417 and/or 478, Figs. 4, 17 and 19 and associated descriptions of Bechtel); optically coupling a fifth optical conductor to the fourth optical conductor in an interior space of the third structure when the laparoscopic element is removably coupled to the second structure of the housing; and coupling the fifth optical conductor through an interior space of the fourth structure to the sensor head (at least one of elements 450 and/or 464, Figs. 4, 17 and 19 and associated descriptions of Bechtel).
In regard to claim 24, Bechtel as modified by Poll discloses the second optical fiber is longer than the first optical fiber; the third optical fiber is longer than the first optical fiber and is longer than the fourth optical fiber; and the fifth optical fiber is longer than the first optical fiber and is longer than the fourth optical fiber (rejected as best understood, see the 35 USC 112(b) rejection above; referring to claim 6 above; at least one of elements 447, 450, and/or 464, Figs. 4, 17 and 19 and associated descriptions of Bechtel).
In regard to claim 25, Bechtel as modified by Poll discloses optically coupling the third optical conductor to the photodetector in the interior space of the third structure comprises optically coupling the third optical conductor to the photodetector through an air gap (referring to claim 2 above).
In regard to claim 26, Bechtel as modified by Poll discloses optically coupling the second optical conductor to the first optical conductor in an interior space of the third structure comprises physically coupling the first and second optical conductors end-to-end (referring to claim 15 above).
In regard to claim 27, Bechtel as modified by Poll discloses forming a first numerical aperture of a first core of the first optical fiber; and forming a second numerical aperture of a second core of the second optical fiber (rejected as best understood, see the 35 USC 112(b) rejection above; inherent property of the first and second optical conductor/ fiber, Figs. 4, 17 and 19 and associated descriptions of Bechtel) but does not specifically disclose the second numerical aperture is greater than the first numerical aperture. However, one of ordinary skill in the art would have recognized that one can utilized the same numerical apertures or different numerical apertures of the optical conductors/ fibers. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the method to try different numerical apertures of the optical conductors/ fibers including one is greater or smaller to another one, through experiments/investigations in order to find an optimal numerical aperture(s) for each optical conductor/ fiber. The rationale would have been “obvious to try”, see KSR International Co. v. Teleflex Inc., 550 USPQ2d 398, 421(2007).
Claims 7-10 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bechtel and Poll as applied to claims 1-6, 12-21 and 23-27 above, and further in view of Boutillette et al. (USPGPUB 2006/0111613). In regard to claims 7 and 22, Bechtel as modified by Poll discloses a twist lock and a latch, a setscrew, a rotatable collar for connection between the laparoscopic element and the probe unit ([0051] of Bechtel) and axially aligning the first, second, and third axes when the housing and laparoscopic element are removably coupled comprises axially aligning the first, second, and third axes (referring to claims 18 and 21 above) but does not specifically discloses a fifth structure; forming an interior space in the fifth structure; positioning the second structure at least partially in the interior space of the fifth structure; forming exterior threads on the fifth structure; forming exterior threads on the third structure; and threading the exterior threads into the interior threads forming a first portion of the connection coupling when the housing and laparoscopic element are removably coupled.
Boutillette teaches an endoscopic device (Figs. 1-16 and associated descriptions) comprises a housing (element 102/206/410, Figs. 1-12 and associated descriptions) comprising a fifth structure (elements 102/202, Figs. 1 and 9 and associated descriptions); forming an interior space in the fifth structure (interior space of elements 102/202, Figs. 1 and 9 and associated descriptions); positioning a second structure at least partially in the interior space of the fifth structure (element 108/412, Figs. 1, 9 and 13 and associated descriptions); forming exterior threads on the fifth structure (elements 106/204/730/740, Figs. 1, 9 and 15 and associated descriptions); forming exterior threads on a third structure (element 110/212/730/740, Figs. 1, 9 and 15 and associated descriptions); and threading the exterior threads into the interior threads (element 104/210/710, Figs. 1, 9 and 15 and associated descriptions) forming a first portion of the connection coupling when the housing and endoscopic element are removably coupled (rejected as best understood, see the 35 USC 112(b) rejection above; Figs. 1, 9, 12, and 15 and associated descriptions).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to substitute the at least one of the connecting configurations of a twist lock and a latch, a setscrew, and/or a rotatable collar (Bechtel as modified by Poll) with the connecting elements/functions/configurations as taught by Boutillette to yield predictable results, since both devices are internal optical systems and one of ordinary skill in the art would have recognized that the connecting configuration(s) as taught by Boutillette is/are alternative equivalent connection configurations as a twist lock and a latch, a setscrew, and/or a rotatable collar. The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
In regard to claims 8-10, Bechtel as modified by Poll and Boutillette discloses all the claimed limitations except providing the laparoscopic element comprises a sixth structure at the first end of the laparoscopic element; and forming a latched connection between the fifth and sixth structures inside an interior space of the third structure when the housing and laparoscopic element are removably coupled to form a second portion of the connection coupling; and the third structure rotationally couples to the sixth structure; and providing exterior channels on the third structure; forming interior channels on the fifth structure; mating the interior channels with the exterior channels forming a rotational interface between the third and fifth structures. However, Bechtel as modified by Poll and Boutillette discloses latched, threaded and rotational connection features for connecting elements. It would have been obvious to one having ordinary skill in the art at the time the invention was made to substitute the connection features with the latched, threaded and rotational connection features to yield predictable results. The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bechtel and Poll as applied to claims 1-6, 12-21 and 23-27 above, and further in view of Collins (USPN 4,534,339). In regard to claim 11, Bechtel as modified by Poll discloses a twist lock and a latch, a setscrew, a rotatable collar for connection between the laparoscopic element and the probe unit ([0051] of Bechtel) but does not specifically discloses the connection coupling is a spring-loaded connection coupling.
Collins teaches an endoscopic device comprises a spring-loaded latches (elements 10/14, Figs. 1, 4 and 6-7 and associated descriptions) between a shaft and a handle (elements 4 and 2, Figs. 5-7 and associated descriptions).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to substitute the configuration of the connection coupling (Bechtel as modified by Poll) with the connection coupling and associated elements/functions/configurations as taught by Collins to yield predictable results, since both connection configurations are alternative equivalent connections. The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
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 1-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of copending Application No. 19/014,122 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-28 of ‘122 anticipate or recite similar limitations as claims 1-27 of present application.
Claims 1, 3-4, 16, and 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 13 and 23-25 of copending Application No. 19/012,826 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 13 and 23-25 of ‘826 anticipate or recite similar limitations as claims 1, 3-4, 16, and 19 of present application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/CHU CHUAN LIU/Primary Examiner, Art Unit 3791