DETAILED ACTION
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 .
Response to Arguments
Applicant’s arguments, see Applicant’s Amendment , filed 8-25-26, with respect to the rejection under 35 USC 102 and 35 USC 103 as well as under 35 USC 112(Second Paragraph) have been fully considered and are persuasive. The rejections under 35 USC 102, 103 and 112 (Second Paragraph) have been withdrawn.
However, the Double Patenting rejection on pages 9 and 10 of the 2-25-26 Office Action still stands because there are Deficiencies in the Power of Attorney and the Terminal Disclaimers submitted on 8-25-26.
This application was filed on or after September 16, 2012. The person who signed the terminal disclaimer is not the applicant, the patentee or an attorney or agent of record. See 37 CFR 1.321(a) and (b).
Therefore, a proper Attorney of Record or Applicant needs to provide the proper Power of Attorney as well as the proper Terminal Disclaimers that are also signed by the Person who signed the Power of Attorney.
Conclusion
As soon as the Power of Attorney and Terminal Disclaimers are provided the Application will be Allowed.
Claims 1-19 are rejected in regard to the Double Patenting Rejection as outlined above. The claims 1-19 will be allowed after the correct Power of Attorney and Terminal Disclaimers are submitted.
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 GLORIA M HALE whose telephone number is (571)272-4984. The examiner can normally be reached MON.-THURS..
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, Alissa Tompkins can be reached at 1-571-272-3425. 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.
/GLORIA M HALE/Primary Examiner, Art Unit 3732
Prosecution Insights