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 .
Specification
The abstract of the disclosure is objected to because the abstract does not represent the claimed invention now recited in claim 1. The Examiner suggests using the Abstract from the Examiner’s Amendment in parent application 17000175. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,370,011. This is a statutory double patenting rejection.
Regarding claim 1, US 12370011 discloses an automated dental drill system for performing a dental procedure on a patient, the automated dental drill system comprising: a processor; an end effector comprising a dental tool configured for disposition at least partially in the patient's mouth and to there perform an operation on a tooth of the patient; a tooth clamp configured to releasably rigidly attach to at least one tooth of the patient; a drive assembly configured to remain outside the patient's mouth throughout the entire dental procedure, wherein the drive assembly: (a) is controlled by the processor and (b) is configured to position the end effector with a first at least three degrees of freedom, relative to the tooth clamp; a clamp connector configured to connect the tooth clamp to the drive assembly such that, when the tooth clamp is coupled to the drive assembly and the tooth clamp is attached to the at least one tooth, position and orientation of the drive assembly remain fixed, relative to the at least one tooth; a support structure; and a passive cantilever arm having a second at least three degrees of freedom and being mechanically coupled between the support structure and the drive assembly to support the drive assembly (see claim 1 of US 12,370,011).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached PTO892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD MORAN whose telephone number is (571)270-5349. The examiner can normally be reached Monday-Friday 7 AM-4 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWARD MORAN/Primary Examiner, Art Unit 3772
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