DETAILED ACTION
This Office Action is in response to an application filed on May 9, 2025, in which claims 1 through 11 are pending, and ready for examination.
Acknowledgement is made of Applicant’s claim for benefit as a Continuation of U.S. Application No. 18/146,363 filed on December 24, 2022, now U.S. Patent No. 12,333,014.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on May 9, 2025 was filed before the mailing date of a first Office Action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgement is made of applicant’s claim for foreign priority based on applications filed in the Republic of Korea on or about March 7, 2022 and May 31, 2022.
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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 1-11 are rejected on the grounds of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,333,014. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following rationale:
Claim 3 (which includes the subject matter of claims 1 and 2) of the instant application is merely a broader recitation of that which is recited in claim 1 of U.S. Patent No. 12,333,014. That is, claim 1 of U.S. Patent No. 12,333,014 anticipates claim 3 of the instant application.
Claims 4-11 are also rejected as these claims recite either the same or substantively similar (obvious) subject matter that is recited in the independent and/or dependent claims of U.S. Patent No. 12,333,014.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Gulati, Rajeev, U.S. Pub. No. 2018/0041341
Luciani, JR., et al., U.S. Pub. No. 2023/0246827
Bulygin, et al., U.S. 2020/0074086
Gulati, Rajeev, U.S. Pub. No. 2018/0041341
Gulati, Rajeev, U.S. Pub. No. 2018/0034682
Gulati, Rajeev, U.S. Pub. No. 2019/0356529
Bade, et al., U.S. Pub. No. 2006/0010326
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
July 11, 2026
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