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 .
Double Patenting Rejection
The claim is rejected under 35 U.S.C. 171 on the ground of double patenting since it is claiming the same design as that claimed in United States Design Patent No. D1120628.
Applicant is advised that a terminal disclaimer may not be used to overcome a "same invention" type double patenting rejection. In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969); MPEP § 804.02.
Conclusion
The claim is rejected under 35 U.S.C. 171 on the ground of double patenting.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Weeks whose telephone number is (571)272-5593. The examiner can normally be reached on Monday – Friday 9:00am to 5:00pm ET.
If attempts to reach the examiner by telephone are unsuccessful, Examiner’s supervisor, Justin Jonaitis can be reached at 571-270-5150. The fax number for the organization where this application is proceeding is assigned is 571-273-8300.
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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.
/B.M.W./Examiner, Art Unit 2924
/JUSTIN M JONAITIS/Supervisory Patent Examiner, Art Unit 2924
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