DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This action is responsive to the Applicant’s Application filed on July 16, 2026.
Claims 1, 12, and 17 have been amended.
Claims 1, 11-12, 14, and 17 are independent. As a result claims 1-20 are pending in this office action.
Response to Arguments
Applicant's argument filed July 16, 2026 regarding the rejection of claims 1-20 under 35 U.S.C 101, has been fully considered and is persuasive.
Applicants argue in substance:
Regarding claims 1-20, the applicants submit that the steps are being performed are directed to statutory subject matter under 101 because the claims as a whole integrates the exception into a practical application and are a technical improvement.
The argument of claims 1-20 have been fully considered and is persuasive.
Therefore, the 35 U.S.C. 101 rejection of claims 1-20 have been withdrawn.
6. Applicant's argument filed July 16, 2026 regarding the rejection of claims 1-20 under nonstatutory obviousness-type double patenting, has been fully considered and is persuasive. Therefore, the nonstatutory obviousness-type double patenting rejection is withdrawn for claims 1, 8, 12, and 17.
Applicant's argument filed July 16, 2026 regarding the rejection of claim 14 under 35 U.S.C 112 (b) has been fully considered and is persuasive.
Applicants argue in substance:
Regarding claim 14 the applicants submit that claim 14 is not indefinite under 35 USC § 112(b) and have sufficient structure.
The argument of claim 14 have been fully considered and is persuasive; and the 35. U.S.C. 112 (b) rejection of claim 14 have been withdrawn.
Terminal Disclaimer
The terminal disclaimer filed on 07/16/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of the full statutory term of prior patent No. US 12,346,347 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 12, and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The phrase "potentially experienced” in claims 1, 12, and 17 is relative phrases which renders the claim indefinite. The phrase "potentially experienced" is unclear as to what degree of potential or what potential is being measured, it is unclear, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The phrase " potentially experienced " is unclear what potential is being measured and degree of potential is proper, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Appropriate correction is required.
Allowable Subject Matter
Claims 1-20, would be allowable if the 35 U.S.C 112(b) rejection of claims 1, 12, and 17 are overcome.
Reasons for the Indication of Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
The amendments made to the independent claims dated 07/16/2026, in combination with previously stated claims and examiner' s updated search results did not find any combination of reasonable prior art of record hence the application is in condition for allowance.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
THIS ACTION IS MADE FINAL. 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 COURTNEY HARMON whose telephone number is (571)270-5861. The examiner can normally be reached M-F 9am - 5pm.
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, Ann Lo can be reached at 571-272-9767. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Courtney Harmon/Primary Examiner, Art Unit 2159
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