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 .
Pursuant to communications filed on 10/14/2025, this is a First Action Non-Final Rejection on the Merits wherein claims 1-7 are currently pending in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/14/2025 and 10/28/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
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.
In the instant case, apparatus claim 1, method claim 6 and non-transitory CRRM claim 7 are rejected under 35 U.S.C. 101 as claiming the same invention as that of apparatus claim 1, method claim 6 and non-transitory CRRM claim 7 of prior parent U.S. Patent No. 12,466,078 (s/n 18/442,181) to Jiang et al. Therefore, this is a statutory double patenting rejection.
Appropriated correction is earnestly solicited.
For example, see below the comparison of the claims one-to-one:
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1971
624
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1926
638
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaime Figueroa whose telephone number is (571)270-7620. The examiner can normally be reached on Monday-Friday 9-5.
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, Wade Miles can be reached on 571-270-7777. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAIME FIGUEROA/Primary Patent Examiner, Art Unit 3656
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