DETAILED ACTION
This Office Action is in response to an application filed on March 10, 2025, in which claims 1 through 20 are pending, and ready for examination.
Acknowledgement is made of Applicant’s claim for benefit as a Continuation of U.S. Application No. 18/081,803 filed on December 15, 2022, now U.S. Patent No. 12,265,629.
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
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 claims at issue 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); and 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 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).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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:
http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12,265,629. Although the claims at issue are not identical, they are not patentably distinct from each other for the following reason(s):
Independent claims 1, 8, and 15 of the instant application are merely broader recitations of the subject matter recited in the independent claims of U.S. Patent No. 12,265,629. That is, the independent claims of U.S. Patent No. 12,265,629 anticipate the independent claims of the instant application.
Dependent claims 2-7, 9-14, and 16-20 are each dependent from one of claims 1, 8, 15, and are also rejected based upon that dependency and because these claims recite subject matter similar to the various dependent claims of U.S. Patent No. 12,265,629.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Shah, et al., U.S. Pub. No. 2020/0202006
Ocepek, et al., U.S. Patent No. 11,057,418
Thakur, Satyendra, U.S. Pub. No. 2014/0331326
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
June 13, 2026
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