`
`US. Pat. Appl. No. 15/683,038
`
`REMARKS
`
`Applicant initially expresses appreciation to the Examiner for the detailed Final Office
`
`Action provided.
`
`The claims are not amended by the present paper. Accordingly, claims l-2 and 5-6
`
`remain pending in the present application, with claims 1 and 2 being in independent form.
`
`Applicant
`
`addresses
`
`the
`
`pending
`
`rejections
`
`below and
`
`respectfully
`
`requests
`
`reconsideration and withdrawal thereof together with an indication of allowability of claims l-2
`
`and 5-6 (1'. e., all pending claims) in the next Off1cial communication. Such action is respectfully
`
`requested and submitted to be appropriate for at least the reasons provided below.
`
`Nonstatutory Obviousness-Type Double Patenting Rejections
`
`In the Final Office Action, claims l-2 and 5-6 (i.e., all pending claims) are rejected on the
`
`ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of
`
`US. Pat. Appl. No. 15/683,024.
`
`In addition, claims l-2 are rejected on the ground of
`
`nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of US. Pat.
`
`Appl. No. 15/682,992 and further in view of US. Pat. Appl. No. l5/683,024. Pages 2-4 of the
`
`Final Office Action indicate that
`
`the rejections may be overcome by filing a Terminal
`
`Disclaimer.
`
`Without acquiescing in the propriety of the rejections, Applicant submits on even date
`
`herewith an executed eTerminal Disclaimer with respect to (1) US. Pat. Appl. No. l5/683,024
`
`and (2) US. Pat. Appl. No.
`
`l5/682,992 in order to advance prosecution to allowance. The
`
`eTerminal Disclaimer is filed merely to remove any issue as to whether the claims of the present
`
`application and those of the above-mentioned applications in any way conflict. Applicant does
`
`{P53 192 04035088.DOC}
`2
`
`
`
`P53192.A06
`
`US. Pat. Appl. No. 15/683,038
`
`not, however,
`
`intend to make any representation as to whether any claim of the present
`
`application would have been obvious in view of any claim of the above-mentioned applications,
`
`or whether any obviousness-type double patenting rejection would be appropriate if the
`
`eTerminal Disclaimer was not filed.
`
`The eTerminal Disclaimer is filed only to expedite
`
`allowance of the present application.
`
`In view of the above, it is submitted that the grounds for the nonstatutory obviousness-
`
`type double patenting rejections have been overcome, and thus, it is requested that the rejections
`
`be withdrawn in the next Official communication.
`
`At least in view of the above, it is respectfully submitted that each and every pending
`
`claim of the present application (i.e., claims 1-2 and 5-6) meets the requirements for
`
`patentability.
`
`Thus,
`
`the Examiner is respectfully requested to withdraw the outstanding
`
`rejections and to indicate the allowance of each and every pending claim in the present
`
`application.
`
`{P53 192 04035088.DOC}
`3
`
`
`
`P53192.A06
`
`US. Pat. Appl. No. 15/683,038
`
`CONCLUSION
`
`In view of the fact that none of the art of record, whether considered alone, or in any
`
`proper combination thereof, discloses or renders obvious the pending claims of the present
`
`application, and in further view of the above remarks, reconsideration of the Examiner's action
`
`and allowance of the present application are respectfully requested and submitted to be
`
`appropriate.
`
`The requisite fee for filing the eTerminal Disclaimer is submitted on even date herewith.
`
`However, if for any reason the requisite fee is not associated with this file or the submitted fee is
`
`inadequate,
`
`the Commissioner is hereby authorized to charge any fees for the eTerminal
`
`Disclaimer, or credit any overpayment, to Deposit Account No. 19-0089.
`
`Should an extension of time be necessary to maintain the pendency of this application,
`
`including any extensions of time required to place the application in condition for allowance by
`
`an Examiner's Amendment, the Commissioner is hereby authorized to charge any additional fee
`
`to Deposit Account No. 19-0089.
`
`If there should be any questions concerning this application, the Examiner is invited to
`
`contact the undersigned at the telephone number listed below.
`
`Respectfully Submitted,
`Hiroshi YAHATA et al.
`
`/James P. Bonnamy/
`Reg. No. 63,649
`James P. Bonnamy
`
`Bruce H. Bernstein
`
`Reg. No. 29027
`
`September 4, 2019
`GREENBLIHVI & BERNSTEIN, P.L.C.
`1950 Roland Clarke Place
`
`Reston, VA 20191
`(703) 716-1191
`
`{P53192 04035088.DOC}
`4
`
`
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