Amendment and Response
`U.S. Serial No. 17/377,832
`Atty. Docket No. TER-090CPC1/110853-5090
`Page 9 of 10
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`REMARKS
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`After entry of this amendment, claims 41 and 43-81 will be pending in this application.
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`Applicants note with appreciation the Examiner’s indication that claim 60 contains allowable
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`subject matter. Claim 60 has been rewritten in independent form. Without acquiescence to any
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`rejections, and solely to expedite allowance, claim 41 has been amendedto include the
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`limitations of claim 42, claim 42 has been cancelled, claims 43, 44, and 47 have been amended
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`to correct claim dependency and/or for clarity, and new claims 63-81 have been added. Support
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`for the claim amendments and new claims maybe foundin the originally filed claims and
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`throughout the application. No new matter has been added.
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`Double Patenting
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`Claims 41-46, 49-59, 61, and 62 are rejected on the ground of nonstatutory obviousness-
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`type double patenting as being unpatentable over claims 1-7, 15-20, 22, and 23 of U.S. Patent
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`No. 11,095,091. Without acquiescing to the rejections or to the Examiner’s characterization of
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`the instant claims or the claims of U.S. Patent No. 11,095,091, and solely to expedite
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`prosecution, Applicants herewith submit a Terminal Disclaimerto address this rejection.
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`Rejection of Claims under 35 U.S.C. § 112
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`Claims 44, 47, and 48 are rejected under 35 U.S.C. § 112, second paragraph,as being
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`indefinite for failing to particularly point out and distinctly claim the subject matter regarded as
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`the invention. Applicants respectfully submit that the amendments to claims 44 and 47 presented
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`herein are fully responsive to the rejections, and that all pending claims comply with all
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`requirements of § 112.
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`Rejection of Claims under 35 U.S.C. § 103
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`Claims 41, 45, 47-58, 61, and 62 are rejected under 35 U.S.C. § 103 as being
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`unpatentable over U.S. Patent Application Publication No. 2019/0190232 to Tayebati etal.
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`(“Tayebati”) in view of U.S. Patent No. 5,263,536 to Hulburdet al. (““Hulburd”). Claim 46 is
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`rejected under 35 U.S.C. § 103 as being unpatentable over Tayebati in view of Hulburd, and
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`further in view of U.S. Patent Application Publication No. 2010/0118902 to Wuetal.
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`Amendment and Response
`U.S. Serial No. 17/377,832
`Atty. Docket No. TER-090CPC1/110853-5090
`Page 10 of 10
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`Without acquiescing to the rejections, Applicants respectfully submit that the amendment
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`of independent claim 41 to include the limitations of claim 42 renders the rejections moot.
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`Applicants respectfully submit that independent claims 41 and 60, as well as claims dependent
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`therefrom, are allowable over the cited references.
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`CONCLUSION
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`In light of the foregoing, Applicants respectfully submit that all claims are now in
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`condition for allowance.
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`Applicants believe that no additional fees are necessitated by the present response.
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`However,in the event that any additional fees are due, the Commissioneris hereby authorized to
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`charge any such fees to Deposit Account No. 50-0310.
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`If the Examinerbelieves that a telephone conversation with Applicants’ attorney would
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`expedite allowance of this application, the Examineris cordially invited to call the undersigned.
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`Date: February 9, 2024
`Reg. No. 58,533
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`Tel. No.: (617) 951-8293
`Fax No.: (617) 951-8736
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`Respectfully submitted,
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`Electronic Signature: /Matthew T. Currie/
`Matthew T. Currie
`Attorney for the Applicants
`Morgan, Lewis & Bockius LLP
`1111 Pennsylvania Avenue, N.W.
`Washington, DC 20004
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