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 . All the claims have been examined on the basis of the merit of the claims.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. This application is a CONTINUATION of 18/758,871 filed 06/28/2024 now PATENT 12411584. 18/758,871 is a CONTINUATION of 18/354,261 filed 07/18/2023 now PATENT 12058887. 18/354,261 is a CONTINUATION of 17/461,023 08/30/2021 PATENT 11751430.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/13/2025 is considered and attached.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12411584 as outlined in the table below. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application are anticipated by the patented claims.
Present application
Patent No. 12411584
Claim 1
Claim 1 and claim 6
Claim 2
Claim 1
Claim 3
Clam 7
Claim 4
Claim 5
Claim 5
Claim 8
Claim 6
Claim 9
Claim 7
Claim 10
Claim 8
Claim 2
Claim 9
Claim 3
Claim 10
Claim 4
Claim 11
Claim 11 and claim 16
Claim 12
Claim 1
Claim 13
Claim 15
Claim 14
Claim 17
Claim 15
Claim 18
Claim 16
Claim 19
Claim 17
Claim 20
Claim 18
Claim 12
Claim 19
Claim 14
Claim 20
Claim 1
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
The independent claims 1 and 11 are allowable for the same reasons as proffered in the parent applications, see NOA dated 05/13/2025. The dependent claims 2-10 are also allowable based on their respective dependencies from the independent claim 1. The dependent claims 12-20 are also allowable based on their respective dependencies from the independent claim 11.
Conclusion
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/DEEPROSE SUBEDI/Primary Examiner, Art Unit 2627
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