DETAILED ACTION
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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2. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,572,262 and claims 1-20 of US Patent No. 11,820,636 in views of Zeiler et al., US-PGPUB 2019/0159034 and Davis, US-PGPUB 2023/0164550. Claims are directed to tracking the wireless transceivers associated with machines. Although the claims in the US Patents do not disclose limitations associated with transceivers of the power tools and their positions, Zeiler discloses tracking the positions of a plurality of wireless power tools with respect to a machine (i.e. truck) at the work site, each of the plurality of first wireless transceivers configured to be coupled to a respective portable tool of a plurality of portable tools (Fig. 2, Paragraph [0062], each tracking unit has wireless transceivers, 190, 200, 195; Fig. 5s, Fig. 10), including a battery, and wherein the first wireless transceiver is powered by the battery (Fig. 1-2, 5b, tool position with respect to the Truck at the work site, Fig. 10; Paragraph [0007]; Abstract), and as further shown below in the rejection. As such, it would have been obvious to use the teaching of Zeiler in the US Patents and efficiently monitor and track and determine their respective positions of the wireless power tools and machines as claimed, particularly in view of safety, security and their usage. Furthermore, although the US Patents do not disclose update the virtual user interface, responsive to receiving the credential an operator of the machine, to display the position of a subset of the plurality of portable tools associated with the operator of the machine, Davis discloses tracking the power tools, including fob update the virtual user interface, responsive to receiving the credential an operator of the machine (Paragraphs [0009], [0034], [0046], [0070], [0072]-[0076]) to display the position of a subset of the plurality of portable tools associated with the operator of the machine (Figs. 7-9). As such, at the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Davis in US Patents and update the virtual user interface, responsive to receiving the credential an operator of the machine, to display the position of a subset of the plurality of portable tools associated with the operator of the machine, so as to efficiently monitor the power tools.
Claim Rejections - 35 USC § 102
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 1, 3-4, 6, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaufmann et al., EP3477329 (hereinafter Kaufmann) (cited by the Applicant)
Regarding Claim 1. Kaufmann discloses a position tracking system (Abstract) comprising:
a first wireless transceiver configured to be coupled to a portable tool or a component of a machine, the first wireless transceiver configured to transmit a first wireless signal (Fig. 3a, 100s; Paragraph [0007], anchors or tags mounted to portable tool, such as survey instrument; Paragraph [0011], at least one reference anchor, [0016]; Paragraph [0014], [0052]-[0054], transceivers mounted on machinery; Note, tools are also machines), a plurality of second wireless transceivers configured to be coupled to a fixed portion of the machine, the plurality of second wireless transceivers configured to detect the first wireless signal and transmit a plurality of second wireless signals in response to detecting the first wireless signal, wherein the first wireless transceiver is configured to detect the plurality of second wireless signals (Paragraph [0011], at least one reference anchor; Paragraph [0014], transceivers; Paragraph [0016], [0052]-[0054], mounted, [0064]-[0065], signaling between the tags and anchors, time-of-flight measurement and ranging); and one or more processing circuits configured to determine a position of at least one of the portable tool or the component of the machine based on communication between the first wireless transceiver and the plurality of second wireless transceivers (Paragraph [0001], [0014], determining object positions of the transceivers, based on time of flight measurement, [0016], determine position; [0022], [0025]-[0028], position determination via triangulation, [0033], tracking the position of the anchors and tags; Paragraph [0054], position via time-of-flight measurement)
Regarding Claim 3. Kaufmann discloses the first wireless transceiver includes a dedicated battery (Paragraph [0060], tag with battery, [0062], anchor with battery)
Regarding Claim 4. Kaufmann discloses at least one of the one or more processing circuits and the first wireless transceiver are integrated into a single device (Paragraphs [0057], [0060], [0062]).
Regarding Claim 6. Kaufmann discloses the one or more processing circuits are configured to determine the position based on a time delay determined based on an amount of time between (i) a first time when the first wireless signal is transmitted by the first wireless transceiver and a second time at which each of the plurality of second wireless signals is detected by the first wireless transceiver or (ii) a timestamp included with each of the plurality of second wireless signals and a receipt time that each of the plurality of second wireless signals is detected by the first wireless transceiver (Paragraph [0064], timing information for the time of flight measurement, where time of flight is measured based on the time delay)
Regarding Claim 13. Kaufmann discloses determine, using the position of at least one of the portable tool or the component of the machine and a position of the machine, that a first operation of the machine would result in a second component of the machine moving proximate to the portable tool or the component of the machine; and prevent, responsive to determining that the first operation of the machine would result in the second component of the machine moving proximate to the portable tool or the component of the machine, the first operation of the machine (Paragraphs [0073]-[0084], safety threat, such as involving collision, including sending result to surrounding machines, and automatic intervention, e.g. immediate stop of the object. Thus, as an example, preventing a collision between a person holding a tagged survey instrument and the truck at the work site)
Regarding Claim 14. Kaufmann discloses the machine, wherein the machine is lift device, a boom lift, a telehandler, a refuse vehicle, a fire apparatus, a bucket truck, a crane, a concrete mixer truck, or a construction machine (Fig. 3a)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
6. Claims 2, 5, 7-8, 10-12, 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kaufmann et al., EP3477329 in view of Zeiler et al., US-PGPUB 2019/0159034 (hereinafter Zeiler)
Regarding Claim 2. Kaufmann discloses the portable tool (Paragraph [0007], survey instrument).
Kaufmann does not explicitly disclose portable tool is a power tool including a battery, and wherein the first wireless transceiver is powered by the battery.
Zeiler discloses tracking the positions of a plurality of wireless power tools with respect to a truck at the work site, including a battery, and wherein the first wireless transceiver is powered by the battery (Fig. 1-2, 5b, tool position with respect to the Truck at the work site, Fig. 10; Paragraph [0007]; Abstract)
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Zeiler in Kaufmann and have a portable tool that is a power tool including a battery, and wherein the first wireless transceiver is powered by the battery, so as to efficiently monitor the status of the power tool.
Regarding Claim 5. Kaufmann discloses the tag measuring the battery charge status (Paragraph [0067]).
Kaufmann does not explicitly disclose the one or more processing circuits are configured to determine an amount of use of the portable tool by tracking the position of the portable tool.
Zeiler discloses the one or more processing circuits are configured to determine an amount of use of the portable tool by tracking the position of the portable tool (Figs. 1, 5s, 10, Paragraph [0024]-[0025], monitor tool usage, position, [0056], [0059]; Abstract)
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Zeiler in Kaufmann and have one or more processing circuits are configured to determine an amount of use of the portable tool by tracking the position of the portable tool, so as to efficiently monitor the use of the portable tool.
Regarding Claim 7. Kaufmann discloses the first wireless transceiver includes a plurality of first wireless transceivers, (Paragraph [0007], Paragraphs [0014], [0052]-[0054]), and wherein the one or more processing circuits are configured to determine a position of each respective portable tool of the plurality of portable tools (Paragraph [0001], [0014], [0016], determine position; [0022], [0025]-[0028], position determination via triangulation; Paragraph [0033])
Kaufman does not disclose each of the plurality of first wireless transceivers is configured to be coupled to a respective portable tool of a plurality of portable tools, providing a virtual toolbox user interface that displays the position of each respective portable tool of the plurality of portable tools.
Zeiler discloses each of the plurality of first wireless transceivers is configured to be coupled to a respective portable tool of a plurality of portable tools (Fig. 2, Paragraph [0062], each tracking unit has wireless transceivers, 190, 200, 195; Fig. 5s, Fig. 10), and providing a virtual toolbox user interface that displays the position of each respective portable tool of the plurality of wireless portable tools (Figs. 1, 5s, 6s, 10; Claim 21, Abstract; Paragraphs [0004]-[0005])
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Zeiler in Kaufmann and have each of the plurality of first wireless transceivers is configured to be coupled to a respective portable tool of a plurality of portable tools and provide a virtual toolbox user interface that displays the position of each respective portable tool of the plurality of portable tools, so as to efficiently track the location of the tools.
Regarding Claim 8. Zeiler discloses the position of each respective portable tool of the plurality of portable tools is relative to a position of the machine, and wherein the virtual toolbox user interface further displays a respective tool type for each respective portable tool of the plurality of portable tools (Paragraph [0024], displaying location, and type of the monitored tool, where tools are also machines, Fig. 5B, tool relative to Truck)
Regarding Claim 10. Kaufmann discloses the first wireless transceiver (Paragraph [0007], [0014]), and a second one of the plurality of first wireless transceivers is configured to couple to the component of the machine (Paragraphs [0014], [0052]-[0054])
Kaufmann does not disclose a plurality of first wireless transceivers, a first one of the plurality of first wireless transceivers is configured to couple to the portable tool.
Zeiler discloses a plurality of first wireless transceivers, a first one of the plurality of first wireless transceivers is configured to couple to the portable tool (Fig. 2, Paragraph [0062], each tracking unit has wireless transceivers, 190, 200, 195; Fig. 5s, Fig. 10)
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Zeiler in Kaufmann and have a plurality of first wireless transceivers, a first one of the plurality of first wireless transceivers is configured to couple to the portable tool, so as to efficiently track and monitor power tools.
Regarding Claim 11. Kaufmann discloses determining a first position of the portable tool based on communication between the first one of the plurality of first wireless transceivers and the plurality of second wireless transceivers, determine a second position of the component of the machine based on communication between the second one of the plurality of first wireless transceivers and the plurality of second wireless transceivers, determine a relative position between the portable tool and the component of the machine based on the first position of the portable tool and the second position of the component of the machine (Paragraphs [0007], tags affixed to clothing or equipment, such as portable survey equipment, Paragraphs [0022], [0025], [0033], [0064], time of flight measurement for position determination), and transmit, to a second machine, the relative position between the portable tool and the component of the machine, wherein the second machine is configured to maneuver using the relative position between the portable tool and the component of the machine (Paragraphs [0073]-[0084], safety threat, such as involving collision, including sending result to surrounding machines, and automatic intervention, e.g. immediate stop of the object. Thus, as an example, preventing a collision between a person holding a tagged survey instrument and the truck at the work site)
Regarding Claim 12. Kaufmann discloses the first wireless signal includes information pertaining to the portable tool or the component of the machine (Paragraph [0063]-[0064], anchors and tags have unique IDs; Paragraph [0070]);
Kaufmann does not explicitly disclose the one or more processing circuits are configured to determine, using the information pertaining to the portable tool or the component of the machine, a portable tool type or a component type.
Zeiler discloses Paragraph [0024], displaying location, and type of the monitored tool, where tools are also machines, Fig. 5B, tool relative to Truck)
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Zeiler in Kaufmann and have the one or more processing circuits are configured to determine, using the information pertaining to the portable tool or the component of the machine, a portable tool type or a component type, so as to efficiently track and monitor power tools or the component of the machine.
Regarding Claim 15. Kaufmann discloses a position tracking system (Abstract), comprising:
a plurality of first wireless transceivers configured to transmit a plurality of first wireless signals (Paragraph [0007]), and a second one of the plurality of first wireless transceivers configured to be coupled to a movable component of a machine,
a plurality of second wireless transceivers configured to be coupled to a fixed portion of
the machine (Paragraph [0014]; Figs. 3-4), the plurality of second wireless transceivers configured to transmit a plurality of second wireless signals (Paragraph [0064]); and one or more processing circuits configured to determine a first position of the portable tool and a second position of the movable component of the machine based on communication between the plurality of first wireless transceivers and the plurality of second wireless transceivers through the plurality of first wireless signals and the plurality of second wireless signals (Paragraph [0001], [0014], determining object positions of the transceivers, based on time of flight measurement, [0016], determine position; [0022], [0025]-[0028], position determination via triangulation, [0033], tracking the position of the anchors and tags; Paragraph [0054], position via time-of-flight measurement)
Kaufmann does not disclose a plurality of first wireless transceivers configured to transmit a plurality of first wireless signals, a first one of the plurality of first wireless transceivers configured to be coupled to a portable tool,
Zeiler discloses a plurality of first wireless transceivers configured to transmit a plurality of first wireless signals, a first one of the plurality of first wireless transceivers configured to be coupled to a portable tool (Paragraph [0062], each tracking unit has wireless transceivers, 190, 200, 195, Fig. 5s, Fig. 10),and tracking the position of each respective portable tool of the plurality of portable tools is relative to a position of the machine (Paragraph [0024], displaying location, and type of the monitored tool, where tools are also machines, Fig. 5B, tool relative to Truck)
At the time of the invention filed, it would have been obvious to use the teaching of Zeiler in Kaufmann and have a plurality of first wireless transceivers configured to transmit a plurality of first wireless signals, a first one of the plurality of first wireless transceivers configured to be coupled to a portable tool, and determine a first position of the portable tool and a second position of the movable component of the machine based on communication between the plurality of first wireless transceivers and the plurality of second wireless transceivers through the plurality of first wireless signals and the plurality of second wireless signals, and thereby efficiently monitor and track power tools and machines.
Regarding Claim 16. Zeiler discloses tracking the positions of a plurality of power tools with respect to a truck at the work site, including a battery, and wherein the first one of the plurality of first wireless transceiver is powered by the battery (Fig. 1-2, 5b, tool position with respect to the Truck at the work site, Fig. 10; Paragraph [0007]; Abstract)
Regarding Claim 17. Kaufmann discloses the machine is a first machine, and wherein the one or more processing circuits are configured to transmit, to a second machine, the first position and the second position such that the second machine can maneuver between the portable tool and the movable component of the first machine (Paragraphs [0073]-[0084], safety threat, such as involving collision, including sending result to surrounding machines, and automatic intervention, e.g. immediate stop of the object, and preventing collision between the machines, such as vehicles and oversized object)
Regarding Claim 18. Kaufmann discloses a position tracking system (Abstract), comprising:
a second wireless transceiver configured to transmit a second wireless signal, the second wireless transceiver configured to be coupled to a movable component of a machine, a plurality of third wireless transceivers configured to be coupled to a fixed portion of the machine, the plurality of third wireless transceivers configured to transmit a plurality of third wireless signals (Paragraphs [0014], [0026], [0064]; Figs. 2-3); and one or more processing circuits configured to: determine a first position of each respective machines of the plurality of machines based on communication between the plurality of first wireless transceivers and the plurality of third wireless transceivers through the plurality of first wireless signals and the plurality of third wireless signals, determine a second position of the movable component of the machine based on communication between the second wireless transceiver and the plurality of third wireless transceivers through the second wireless signal and the plurality of third wireless signals (Paragraph [0001], [0014], determining object positions of the transceivers, based on time of flight measurement, [0016], determine position; [0022], [0025]-[0028], position determination via triangulation, [0033], tracking the position of the anchors and tags; Paragraph [0054], position via time-of-flight measurement);
Kaufmann does not disclose a plurality of first wireless transceivers configured to transmit a plurality of first wireless signals, each of the plurality of first wireless transceivers configured to be coupled to a respective portable tool of a plurality of portable tools, determine a first position of each respective portable tool of the plurality of portable tools based on communication between the plurality of first wireless transceivers and the plurality of third wireless transceivers through the plurality of first wireless signals and the plurality of third wireless signals
and provide a user interface that displays the first position of each respective portable tool of the plurality of portable tools and the second position of the movable component of the machine.
Zeiler discloses a plurality of first wireless transceivers configured to transmit a plurality of first wireless signals, each of the plurality of first wireless transceivers configured to be coupled to a respective portable tool of a plurality of portable tools (Fig. 2, Paragraph [0062], each tracking unit has wireless transceivers, 190, 200, 195; Fig. 5s, Fig. 10), and determining the position of each respective portable tool of the plurality of portable tools is relative to a position of the machine, and wherein the virtual toolbox user interface further displays a respective tool type for each respective portable tool of the plurality of portable tools (Paragraph [0024], displaying location, and type of the monitored tool, where tools are also machines, Fig. 5B, tool relative to Truck)
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Zeiler in Kaufmann and have a plurality of first wireless transceivers configured to transmit a plurality of first wireless signals, each of the plurality of first wireless transceivers configured to be coupled to a respective portable tool of a plurality of portable tools, determine a first position of each respective portable tool of the plurality of portable tools based on communication between the plurality of first wireless transceivers and the plurality of third wireless transceivers through the plurality of first wireless signals and the plurality of third wireless signals
and provide a user interface that displays the first position of each respective portable tool of the plurality of portable tools and the second position of the movable component of the machine, and thereby efficiently track and monitor power tools and machines.
Regarding Claim 19. Zeiler discloses the first position of each respective portable tool of the plurality of portable tools is relative to a position of the machine, and wherein the user interface further displays one or more tool types identifying the plurality of portable tools (Paragraph [0024], displaying location, and type of the monitored tool, where tools are also machines, Fig. 5B, tool relative to Truck).
7. Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kaufmann et al., EP3477329 in view of Zeiler, US-PGPUB 2019/0159034 as applied to Claims 7 and 18 above, and further in view of Davis et al., US-PGPUB 2023/0164550 (hereinafter Davis)
Regarding Claim 9 and 20. Zeiler discloses the one or more processing circuits are configured to update the virtual user interface, responsive to an operator of the machine, to display the position of a subset of the plurality of portable tools associated with the operator of the machine (Paragraph [0128], [0139]-[0141], Paragraphs [0177]-[0184]; Paragraph [0014], security code from fob, [0109], user associated with that particular fob).
The modified Kaufmann does not disclose update the virtual user interface, responsive to receiving the credential an operator of the machine, to display the position of a subset of the plurality of portable tools associated with the operator of the machine
Davis discloses tracking the power tools, including fob update the virtual user interface, responsive to receiving the credential an operator of the machine (Paragraphs [0009], [0034], [0046], [0070], [0072]-[0076]) to display the position of a subset of the plurality of portable tools associated with the operator of the machine (Figs. 7-9).
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Davis in the modified Kaufmann and update the virtual user interface, responsive to receiving the credential an operator of the machine, to display the position of a subset of the plurality of portable tools associated with the operator of the machine, so as to efficiently monitor the power tools.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kubat et al., US-PGPUB 2018/0107191
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/HYUN D PARK/Primary Examiner, Art Unit 2857