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 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.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,358,797. Although the claims at issue are not identical, they are not patentably distinct from each other because all aspects of the instant claims are wholly encompassed and anticipated by the patent claims, as seen by the chart below.
Instant Application
US Patent -- 12,358,797
1. A sensor device comprising: a conductive graphene film consisting essentially of one to eight monolayers of carbon atoms, the conductive graphene film covered on at least one side by a graphene support layer of parylene,
wherein the graphene film is doped in order to reduce surface resistance, the graphene support layer of parylene contacting with and supporting the conductive graphene film,
the graphene support layer of parylene having a thickness of between 5 nm and 5 mm;
a detection element configured to sense an environmental change, either of a chemical or a physical nature, said detection element being formed of the conductive graphene film on a portion of the surface of the graphene support layer of parylene, and
wherein the graphene support layer of parylene supports the graphene film during operation of the sensor device;
an electrode disposed over a selected area of the graphene support layer of parylene, the electrode comprising a conductive graphene film, the conductive graphene film consisting essentially of a graphene film of one to eight monolayers of carbon atoms;
wherein the graphene support layer of parylene is deposited by gas phase deposition on a surface of the graphene film, the parylene repairing some defects in said conductive graphene film, without damaging or polluting the conductive graphene film, and without degrading conductivity of the conductive graphene film; and wherein the sensor device is configured for detection.
1. A sensor device comprising: a conductive graphene film consisting essentially of one to eight monolayers of carbon atoms, the conductive graphene film covered on at least one side by a graphene support layer of parylene,
the graphene support layer of parylene having an inside surface; the graphene support layer of parylene contacting with and supporting the conductive graphene film; wherein said graphene support layer of parylene is tube-shaped,
the graphene support layer of parylene having a thickness of between 5 nm and 5 mm;
a detection element configured to sense an environmental change, either of a chemical or a physical nature, said detection element being formed of the conductive graphene film on a portion of the inside surface of the graphene support layer of parylene; and
an electrode disposed over a selected area of the graphene support layer of parylene, the electrode comprising a conductive graphene film, the conductive graphene film consisting essentially of a graphene film to one to eight monolayers of carbon atoms;
wherein the graphene support layer of parylene supports the electrode during operation of the sensor device,
wherein the graphene support layer of parylene is deposited by gas phase deposition on a surface of the graphene film, wherein the graphene support layer of parylene supports the graphene film during operation of the sensor device, the parylene repairing some defects in said conductive graphene film, without damaging or polluting the conductive graphene film, and without degrading conductivity of the conductive graphene film, and wherein the sensor device is configured for detection.
Claims 1-4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5-7 of copending Application No. 19/249,221. Although the claims at issue are not identical, they are not patentably distinct from each other because all aspects of the instant claims are wholly encompassed and anticipated by the copending claims, as seen by the chart below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application
Patent Application – 19/249,221
1. A sensor device comprising: a conductive graphene film consisting essentially of one to eight monolayers of carbon atoms, the conductive graphene film covered on at least one side by a graphene support layer of parylene, wherein the graphene film is doped in order to reduce surface resistance, the graphene support layer of parylene contacting with and supporting the conductive graphene film, the graphene support layer of parylene having a thickness of between 5 nm and 5 mm; a detection element configured to sense an environmental change, either of a chemical or a physical nature, said detection element being formed of the conductive graphene film on a portion of the surface of the graphene support layer of parylene, and wherein the graphene support layer of parylene supports the graphene film during operation of the sensor device; an electrode disposed over a selected area of the graphene support layer of parylene, the electrode comprising a conductive graphene film, the conductive graphene film consisting essentially of a graphene film of one to eight monolayers of carbon atoms; wherein the graphene support layer of parylene is deposited by gas phase deposition on a surface of the graphene film, the parylene repairing some defects in said conductive graphene film, without damaging or polluting the conductive graphene film, and without degrading conductivity of the conductive graphene film; and wherein the sensor device is configured for detection.
2. The sensor device of claim 1, wherein layers of one or more dopants are intercalated between one or more of the graphene layers to reduce the element resistance.
3. The sensor device of claim 1, wherein layers of one or more P-dopants are intercalated between one or more of the graphene layers to reduce the element resistance.
4. The sensor device of claim 1, wherein layers of AuCl3 and/or HNO3 are intercalated between one or more of the graphene layers to reduce the element resistance.
1. A sensor device comprising: a conductive graphene film consisting essentially of one to eight monolayers of carbon atoms, the conductive graphene film covered on at least one side by a graphene support layer of parylene, the graphene support layer of parylene having an planar surface, the graphene support layer of parylene contacting with and supporting the conductive graphene film, the graphene support layer of parylene having a thickness of between 5 nm and 5 mm; a detection element configured to sense an environmental change, either of a chemical or a physical nature, said detection element being formed of the conductive graphene film on a portion of the surface of the graphene support layer of parylene; and wherein the graphene support layer of parylene supports the graphene film during operation of the sensor device; an electrode disposed over a selected area of the graphene support layer of parylene, the electrode comprising a conductive graphene film, the conductive graphene film consisting essentially of a graphene film of one to eight monolayers of carbon atoms; wherein the graphene support layer of parylene is deposited by gas phase deposition on a surface of the graphene film, the parylene repairing some defects in said conductive graphene, film, without damaging or polluting the conductive graphene film, and without degrading conductivity of the conductive graphene film; and wherein the sensor device is configured for detection.
2. The sensor device of claim 1, wherein the detection element comprises a conductive track formed in a detection zone.
3. The sensor device of claim 1, wherein the detection element comprises a meandering conductive track formed in a detection zone.
4. The sensor device of claim 1, wherein the graphene film is doped in order to reduce its surface resistance.
5. The sensor device of claim 1, wherein layers of one or more dopants are intercalated between one or more of the graphene layers to reduce the element resistance.
6. The sensor device of claim 1, wherein layers of one or more P-dopants are intercalated between one or more of the graphene layers to reduce the element resistance.
7. The sensor device of claim 1, wherein layers of AuCl3 and/or HNO3 are intercalated between one or more of the graphene layers to reduce the element resistance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID D DAVIS whose telephone number is (571)272-7572. The examiner can normally be reached Monday - Friday, 8 a.m. - 4 p.m..
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/DAVID D DAVIS/Primary Examiner, Art Unit 2627
DDD