CTNF 19/254,940 CTNF 90496 Double Patenting 08-33 AIA 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. US Patent No. 12368853 Claim 1-14 of the instant application is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 8 of US Patent No. 12368853 (Application Number: 17/763118). Regarding Claim 1: Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 of the instant application generic to all that is recited in claim 1 of the US Patent No. 12368853. That is, claim 1 of the instant application is anticipated by claim 1 of US Patent No. 12368853. Regarding Claims 2-4 : Although the conflicting claims are not identical, they are not patentably distinct from each other because all limitations of claims 2-4 of the instant application are recited in claims 2-4 of the US Patent No. 12368853. Regarding Claim 5: Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 5 of the instant application generic to all that is recited in claim 5 of the US Patent No. 12368853. That is, claim 1 of the instant application is anticipated by claim 1 of US Patent No. 12368853. Regarding Claims 6-8 : Although the conflicting claims are not identical, they are not patentably distinct from each other because all limitations of claims 6-8 of the instant application are recited in claims 6-8 of the US Patent No. 12368853. Regarding Claim 9: Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 9 of the instant application generic to all that is recited in claim 9 of the US Patent No. 12368853. That is, claim 9 of the instant application is anticipated by claim 9 of US Patent No. 12368853. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Samuel D Fereja whose telephone number is (469)295-9243. The examiner can normally be reached 8AM-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, DAVID CZEKAJ can be reached at (571) 272-7327. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SAMUEL D FEREJA/ Primary Examiner, Art Unit 2487 Application/Control Number: 19/254,940 Page 2 Art Unit: 2487 Application/Control Number: 19/254,940 Page 3 Art Unit: 2487 Application/Control Number: 19/254,940 Page 4 Art Unit: 2487 Application/Control Number: 19/254,940 Page 5 Art Unit: 2487
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