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 .
Pursuant to communications filed on 09/02/2026, this is a Final-Rejection wherein claims 1-20 are currently pending in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/03/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Response to Arguments
Notice of Non-Compliant Amendment (37 CFR 1.121)
The reply filed on 09/03/2026 is not fully responsive to the prior Office action because of the following:
1)-. Applicant's arguments filed on 09/03/2026, requesting that the non-statutory double patenting rejection over U.S. Patent No. 12,329,478 be held in abeyance, have been considered but are DENIED.
2)-. Pursuant to MPEP § 804.02 (IV), a rejection based on non-statutory double patenting over an issued patent cannot be held in abeyance. Substantive rejections go to the merits of the application and must be traversed or overcome in a complete response under 37 CFR § 1.111(b). Only objections or requirements as to form (like fixing a typo or a minor drawing informality) that are not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated.
Filling a terminal disclaimer or presenting arguments demonstrating that the pending claims are patentably distinct from the reference claims is required for further consideration of the application.
3)-. In the response filed on 09/03/2026, Applicant did not file a terminal disclaimer under 37 CFR § 1.321(c), nor did Applicant present arguments demonstrating that independent claims 1, 12, and 17 are patentably distinct from the claims of U.S. Patent No. 12,329,478. Applicants merely amended dependent claims 7, 10 and 11 to clarify certain features but did not address the underlying patentable distinctness of the base claims.
Accordingly, because a complete reply to the substance of the double patenting rejection was not provided, the rejection of claims 1–20 on the ground of non-statutory double patenting is MAINTAINED.
To overcome this rejection, Applicant must either:
a)- File a compliant Terminal Disclaimer matching the requirements of MPEP § 1490 and 37 CFR § 1.321.
b)- Amend the independent claims to patentably distinguish them from the reference patent claims.
c)- Present arguments showing why the pending claims are patentably distinct over the reference patent claims.
4)-. Accordingly, the response/amendment filed on September 3, 2026, is deemed non-responsive.
In summary:
-. Non-Statutory Double Patenting: Claims 1–20 remain rejected on the ground of non-statutory double patenting as being unpatentable over claims 1–20 of U.S. Patent No. 12,329,478.
-. Dependent Claims: Claims 2–11, 13–16, and 18–20 remain rejected as being dependent upon a rejected base claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaime Figueroa whose telephone number is (571)270-7620. The examiner can normally be reached on Monday-Friday 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wade Miles can be reached on 571-270-7777. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAIME FIGUEROA/Primary Patent Examiner, Art Unit 3656
