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`Docket No.: P200521US01
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`REMARKS
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`By this Amendment, claims 1 and 3-6 are pending. Applicant acknowledges with
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`appreciation the indication of allowability of claims 2-6 per page 5 bridging page 6 of the Office
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`Action. Claim 1 is herein amended to incorporate the previously pending aspects of allowable
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`claim 2. Claim 2 is cancelled without prejudice or disclaimer. Claims 3, 5 and 6 are amended to
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`change their dependencies from claim 2 to claim 1.
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`Applicant’s Response to the Claim Rejections under 35 U.S.C.§102
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`Claim 1 is rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Yeo
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`(US 2006/0003221).
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`Asnoted above, claim 1 has been amended to incorporate the previously pending aspects
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`of allowable claim 2.
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`In light thereof, applicant respectfully submits that the rejection is now
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`moot.
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`Applicant’s Response to the Double Patenting Rejection
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`Claims 1-6 are rejected on the ground of nonstatutory double patenting as being
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`unpatentable over claims 1-5 of U.S. Patent No. 11,677,064.
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`At page 5 of the Office Action, the nonstatutory double patenting rejection cites to
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`the ’064 Patent which issued from application no. 16/771,394.
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`Applicant notes that
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`the present application,
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`filed April 28, 2023,
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`is a divisional
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`application directed to the non-elected claims as a result of the Restriction Requirement of May4,
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`2022 in the ’394 application from which the’064 Patent issued on June 13, 2023. As such, the
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`
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`Application No.: 18/140,877
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`Docket No.: P200521US01
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`safe harbor provision should apply protecting the subject application against the double patenting
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`rejection over the ’064 Patent.
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`Per M.P.E.P. 804.01: “The third sentence of 35 U.S.C. 121 prohibits the use of a patent
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`issuing on an application in which a requirement for restriction has been made, or on an
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`application filed as a result of such a requirement, as a reference against any divisional
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`application in a nonstatutory double patenting rejection, if the divisional application is filed
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`before the issuance of the patent.”
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`In light thereof, applicant respectfully requests favorable reconsideration and withdrawal
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`of the double patenting rejection.
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`In view of the foregoing amendments and accompanying remarks, it is submitted that all
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`pending claims are in condition for allowance. A prompt and favorable reconsideration of the
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`rejection and an indication of allowability of all pending claims are earnestly solicited.
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`If the Examinerbelieves that there are issues remaining to be resolved in this application,
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`the Examiner is invited to contact the undersigned attorney at the telephone numberindicated
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`below to arrange for an interview to expedite and complete prosecution ofthis case.
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`
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`Application No.: 18/140,877
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`Docket No.: P200521US01
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`If this paper is not timely filed, Applicants respectfully petition for an appropriate
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`extension of time. The fees for such an extension or any other fees that may be due with respect
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`to this paper may be charged to Deposit Account No. 50-2866.
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`Respectfully submitted,
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`WHDA, LLP
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`/Fumika Ogawa/
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`Fumika Ogawa
`Attorney for Applicants
`Limited Recognition No. L1409
`Telephone: 703-827-3800
`Facsimile: 571-395-8753
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`FO
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`
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