System And Method For Driving An Ultrasonic Handpiece As A Function Of The Mechanical Impedance Of The Handpiece

Application No. 19/028,949

• Filed: Jan 17, 2025
• Priority: Aug 07, 2013 — provisional 61/863,152
  • Aug 07, 2014 — continuation of PCTUS2014050034
  • Feb 03, 2016 — continuation of 10/016,209
  • May 17, 2018 — continuation of 10/864,011
  • Nov 12, 2020 — continuation of 11/712,260
  • Jul 28, 2023 — continuation of 12/357,337
• Examiner: BECCIA, CHRISTOPHER J
• Assignee: Stryker Corporation
• OA Round: 1 (Non-Final)

Office 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 .

Double Patenting
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 1-18 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-18 of prior U.S. Patent No. 12,357,337. This is a statutory double patenting rejection.

Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J BECCIA whose telephone number is [phone]. The examiner can normally be reached Mon - Fri 8:30-5:00.
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/CHRISTOPHER J BECCIA/Primary Examiner, Art Unit 3775

Prosecution Timeline

• Jan 17, 2025: Application Filed
• Jun 23, 2026: Non-Final Rejection mailed — §101 (current)