What type of double patenting rejection can be resolved by filing a terminal disclaimer?

A terminal disclaimer can resolve an obviousness-type double patenting rejection because it serves to overcome the concern that the claims in the second patent are not patentably distinct from claims in an earlier patent. When a terminal disclaimer is filed, the applicant essentially agrees that the second patent will expire at the same time as the first, thus addressing the issue of having multiple overlapping patents that could dominate the same inventive concept.

In contrast, statutory double patenting arises in situations where two or more patents claim the same invention or where they claim inventions that are not patentably distinct from each other. A terminal disclaimer can also address statutory double patenting, but it must specifically tie the second patent to the first in terms of expiration.

Utility and design patent rejections are distinct categories and usually relate to the adequacy of the disclosure, novelty, or non-obviousness of the invention rather than the issue of overlapping patent claims per se. Thus, a terminal disclaimer does not directly resolve rejections related to these categories.