Geomagnetic Device

Application No. 14/545,709

• Filed: Dec 25, 2014
• Examiner: ZARROLI, MICHAEL C
• Art Unit: 3658
• Tech Center: 3600 — Transportation & Electronic Commerce
• Assignee: unknown
• OA Round: 26 (Final)

Office Action

DETAILED ACTION

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 .

Office of Patent Stakeholder Experience
Examiner recommends that the pro se applicant contact the USPTO Office of Patents Stakeholder Experience (OPSE) Pro Se Assistance Center for help in trying to get a patent.
Email: [e-mail]
Toll free phone number: 1-866-767-3848
One-on-one assistance (by appointment):
One-on-one assistance is available via video conference or telephone. Pro se personnel are available to meet with applicants to answer patent-related questions and assist in filing their applications. Inventors may take advantage of one-on-one assistance by contacting the Pro Se Assistance Center to schedule an appointment; use the below information to phone, email, or click the appointment button below:

For an appointment:
Please call 1-866-767-3848 or email [e-mail].

Response to Amendment
It looks like the pro se applicant tried to introduce expert testimony. This tactic has to be done through the submission of a 37 C.F.R. 1.132 affidavit. Pro se applicant should get help with the procedure for how to do this affidavit. Maybe the pro se applicant should consider contacting the Office of Patent Stakeholder Experience (OPSE) for help in filing the affidavit.

Response to Arguments
Applicant's arguments filed 7/14/2025 have been fully considered but they are not persuasive.
The applicant did not argue against nor barely mentioned the last office action (8/21/2025).
Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions from the previous office action. Applicant must also discuss the references applied against the claims, explaining how the claims as written avoid the references or distinguish from them.

Double Patenting
Claims 9 & 13 of this application is patentably indistinct from claims 2 & 3 respectively of Application No. 15/731425. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Applicant can get help from OPSE in understanding this concept and how to respond to double patenting.

Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –

(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.

Claims 9 & 13 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by previously cited Farkas (US7847423).
Claim 9 a geomagnetic device (fig. 1) is a switch breaker (12 or 20) coupling (44) motor (50) and generator.

Claim 13 a geomagnetic device (fig. 1) is a coupling (44), a switch breaker (12 or 20), a motor (50), and a generator (30).

Conclusion
This action is a final rejection and closes the prosecution of this application. Applicant’s reply under 37 CFR 1.113 to this action is limited to an appeal to the Patent Trial and Appeal Board, an amendment complying with the requirements set forth below, or a request for continued examination (RCE) to reopen prosecution where permitted. Please note that the Office also offers initiatives that are available to applicants after the close of prosecution. See https://www.uspto.gov/patents/initiatives/uspto-patent-applications-iniatives-timeline for more information.
General information on the Patent Trial and Appeal Board is available at: www.uspto.gov/patents/ptab. The information at this page includes guidance on time limited options that may assist the applicant contemplating appealing an examiner’s rejection. It also includes information on pro bono (free) legal services and advice available for those who are under-resourced and considering an appeal at: https://www.uspto.gov/patents/ptab/free-legal-assistance. The page is best reviewed promptly after applicant has received a final rejection or the claims have been twice rejected because some of the noted assistance must be requested within one month from the date of the latest rejection. See MPEP § 1204 for more information on filing a notice of appeal.
If applicant should desire to appeal any rejection made by the examiner, a Notice of Appeal must be filed within the period for reply. The Notice of Appeal must be accompanied by the fee required by 37 CFR 41.20(b)(1). The current fee amount is available at: www.uspto.gov/Fees.
If applicant should desire to file an after-final amendment, entry of the proposed amendment cannot be made as a matter of right unless it merely cancels claims or complies with a formal requirement made in a previous Office action. Amendments touching the merits of the application which otherwise might not be proper may be admitted upon a showing of good and sufficient reasons why they are necessary and why they were not presented earlier.
A reply under 37 CFR 1.113 to a final rejection must include cancellation of or appeal from the rejection of, each rejected claim. The filing of an amendment after final rejection, whether or not it is entered, does not stop the running of the statutory period for reply to the final rejection unless the examiner holds all of the claims to be in condition for allowance.
If applicant should desire to continue prosecution in a utility or plant application filed on or after May 29, 2000 and have the finality of this Office action withdrawn, an RCE under 37 CFR 1.114 may be filed within the period for reply. See MPEP § 706.07(h) for more information on the requirements for filing an RCE.
The application will become abandoned unless a Notice of Appeal, an after final reply that places the application in condition for allowance, or an RCE has been filed properly within the period for reply, or any extension of this period obtained under either 37 CFR 1.136(a) or (b).

Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael C Zarroli whose telephone number is [phone]. The examiner can normally be reached Monday-Friday 9-5 ET IFP.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramon Mercado can be reached at 5712705744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. 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.

MICHAEL C. ZARROLI
Primary Examiner
Art Unit 3658B

/MICHAEL C ZARROLI/Primary Examiner, Art Unit 3658 /M.C.Z/Primary Examiner, Art Unit 3658

Prosecution Timeline

• Dec 25, 2014: Application Filed
• Jun 27, 2016: Non-Final Rejection — §102, §DP
• Jul 15, 2016: Response Filed
• Sep 23, 2016: Final Rejection — §102, §DP
• Nov 29, 2016: Applicant Interview (Telephonic)
• Dec 30, 2016: Response after Non-Final Action
• Mar 21, 2017: Request for Continued Examination
• Mar 29, 2017: Response after Non-Final Action
• Apr 26, 2017: Non-Final Rejection — §102, §DP
• Jun 28, 2017: Response Filed
• Aug 29, 2017: Final Rejection — §102, §DP
• Nov 16, 2017: Request for Continued Examination
• Nov 28, 2017: Response after Non-Final Action
• Feb 16, 2018: Response Filed
• Mar 30, 2018: Non-Final Rejection — §102, §DP
• Jun 18, 2018: Response Filed
• Sep 10, 2018: Final Rejection — §102, §DP
• Oct 24, 2018: Applicant Interview
• Oct 24, 2018: Applicant Interview (Telephonic)
• Dec 07, 2018: Request for Continued Examination
• Dec 07, 2018: Response after Non-Final Action
• Jan 19, 2019: Examiner Interview (Telephonic)
• Jan 28, 2019: Response after Non-Final Action
• Jan 30, 2019: Applicant Interview (Telephonic)
• Mar 04, 2019: Non-Final Rejection — §102, §DP
• Mar 11, 2019: Response Filed
• May 16, 2019: Applicant Interview (Telephonic)
• May 16, 2019: Applicant Interview
• May 21, 2019: Final Rejection — §102, §DP
• May 24, 2019: Response after Non-Final Action
• Jul 03, 2019: Request for Continued Examination
• Jul 09, 2019: Response after Non-Final Action
• Aug 05, 2019: Non-Final Rejection — §102, §DP
• Aug 21, 2019: Response Filed
• Oct 17, 2019: Final Rejection — §102, §DP
• Jan 21, 2020: Request for Continued Examination
• Jan 31, 2020: Response after Non-Final Action
• Mar 02, 2020: Non-Final Rejection — §102, §DP
• May 20, 2020: Response Filed
• Jun 21, 2020: Final Rejection — §102, §DP
• Aug 12, 2020: Request for Continued Examination
• Aug 21, 2020: Response after Non-Final Action
• Sep 14, 2020: Non-Final Rejection — §102, §DP
• Oct 16, 2020: Applicant Interview (Telephonic)
• Oct 17, 2020: Examiner Interview Summary
• Oct 29, 2020: Response Filed
• Jan 15, 2021: Final Rejection — §102, §DP
• Apr 05, 2021: Request for Continued Examination
• Apr 15, 2021: Response after Non-Final Action
• May 08, 2021: Non-Final Rejection — §102, §DP
• Jul 30, 2021: Response Filed
• Sep 25, 2021: Final Rejection — §102, §DP
• Dec 22, 2021: Request for Continued Examination
• Jan 10, 2022: Response after Non-Final Action
• Feb 26, 2022: Non-Final Rejection — §102, §DP
• Apr 25, 2022: Examiner Interview (Telephonic)
• Apr 27, 2022: Examiner Interview Summary
• May 31, 2022: Response Filed
• Jul 12, 2022: Final Rejection — §102, §DP
• Oct 17, 2022: Request for Continued Examination
• Nov 10, 2022: Response after Non-Final Action
• Jan 11, 2023: Non-Final Rejection — §102, §DP
• Apr 03, 2023: Response Filed
• May 19, 2023: Final Rejection — §102, §DP
• Aug 14, 2023: Request for Continued Examination
• Sep 08, 2023: Response after Non-Final Action
• Sep 30, 2023: Non-Final Rejection — §102, §DP
• Dec 14, 2023: Response after Non-Final Action
• Dec 14, 2023: Response Filed
• Apr 22, 2024: Response after Non-Final Action
• May 31, 2024: Final Rejection — §102, §DP
• Aug 26, 2024: Request for Continued Examination
• Oct 07, 2024: Response after Non-Final Action
• Nov 01, 2024: Non-Final Rejection — §102, §DP
• Jan 31, 2025: Response Filed
• Apr 25, 2025: Final Rejection — §102, §DP
• Jul 14, 2025: Request for Continued Examination
• Aug 06, 2025: Response after Non-Final Action
• Aug 20, 2025: Non-Final Rejection — §102, §DP
• Sep 29, 2025: Response Filed
• Dec 29, 2025: Final Rejection — §102, §DP (current)