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 .
Drawings
The drawings filed on 03/28/2025 are accepted by the examiner.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of prior U.S. Patent No. 12,293,404. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim under examination anticipated by patent claims.
Claims 2-6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-6 of prior U.S. Patent No. 12,293,404. Although the claims at issue are not identical, they are not patentably distinct from each other because claim under examination anticipated by patent claims.
Allowable Subject Matter
Claims 1-6 are allowable over prior art and would be allowed if nonstatutory double patenting rejection is overcome.
The following is a statement of reasons for the indication of allowable subject matter.
Prior art (Joseph) discloses the invention, however, Joseph does not disclose the specific structure (i.e., a removable sleeve comprising a user interface, a processor…, a light array…, and the container is connected to the removable sleeve and the scale…).
A prior art (DE 4239926) to Dohle teaches a removable sleeve attached to …. a plurality of electronic components, the attached electronic components comprising: a user interface, a processor; a scanner (FIGS. 25 and 26 show a computing device with the scanner 41, with Einleseoptik 43 attached on the end side of the scanner 42 is arranged. The clamping arch 44 can be arranged detachably or permanently on the holding device 2 or also directly on the computing device 1 , 34 , 41, Fig. 25-27, page 5). However, Dohle does not disclose a removable sleeve comprising a light array connected to the container and the scale is put into contact with the container.
The limitations lacking in the prior art, in combination with the other limitations clearly claimed for patent, are novel and unobvious.
A search for non-patent literature (NPL) was conducted, however, no relevant NPL prior art was found.
Any comments considered necessary by Applicant must be submitted no later than the payment of the issue fee, and to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled Comments on Statement of Reasons for allowance.
Conclusion
Please refer to form 892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIEL J YU whose telephone number is (571)270-3312. The examiner can normally be reached 11AM - 7PM (M-F).
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/ARIEL J YU/Primary Examiner, Art Unit 3627
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