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 1-6, 12-13, 15-19 and 21 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, 2018/0057331 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 and relative 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. Goepner et al., US-PGPUB 2018/0057331, meanwhile, discloses the claimed relative position determinations, as shown below. As such, it would have been obvious to use the teachings of Zeiler and Goepner 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 § 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.
Claims 1-6, 12-13, 15-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kaufmann et al., EP3477329 (hereinafter Kaufmann) (cited by the Applicant) in view of Zeiler et al., US-PGPUB 2019/0159034 (hereinafter Zeiler) and Goepner et al., US-PGPUB 2018/0057331 (hereinafter Goepner)
Regarding Claim 1. Kaufmann discloses a position tracking system (Abstract) comprising:
a first plurality of wireless transceivers, each wireless transceivers of the first plurality of wireless transceivers configured to be coupled to a respective portable tool of a plurality of portable tools, and each wireless transceivers, the first wireless transceiver configured to transmit a first wireless signal (Fig. 3a, 100s; Paragraph [0007], anchors and tags mounted to various devices and machine, and portable tool such as survey instrument, and obvious that tags and anchors are attached to other portable tools; Paragraph [0014], [0052]-[0054], transceivers mounted on machinery), a second plurality of wireless transceivers configured to be coupled to a base assembly of a lift device, the second plurality of 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 each wireless transceiver of the first plurality of wireless transceivers is configured to detect the plurality of second wireless signals (Fig. 4, lift device, with reference anchor on 102; Fig. 3a, lift device, 100 at the base, both shown as exemplary locations; 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), a third wireless transceiver coupled with an implement of the lift device, the implement configured to move relative to the base assembly (Fig. 3a, 100, Fig. 4, 100; Paragraphs [0092]-[0094]), and one or more processing circuits configured to determine a first position of each portable tool of the plurality of portable tools relative to the base assembly based on communication between the first plurality of wireless transceivers and the second plurality of wireless transceivers, determine a second position of the implement based on communication between the third wireless transceiver and the second plurality of wireless transceivers, determine a relative position between at least one portable tool of the plurality of portable tools and the implement based on the first position of the at least one portable tool and the second position of the implement (Abstract; positions of the wireless anchors with respect to the reference; Paragraph [0001], [0014], determining object positions of the transceivers, based on time of flight measurement with respect to the reference anchors, [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; Note: Since the positions are determined, the relative positions are therefore also known, or obvious to determine)
Kaufman does not explicitly disclose each of the first plurality of wireless transceivers is configured to be coupled to a respective portable tool of a plurality of portable tools, does not explicitly disclose determine a relative position between at least one portable tool of the plurality of portable tools and the implement based on the first position of the at least one portable tool and the second position of the implement, and provide a virtual toolbox user interface that (i) displays the first position of each portable tool of the plurality of portable tools and (ii) displays the relative position between the at least one portable tool and the implement.
Zeiler discloses each of the plurality of 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 provide a virtual toolbox user interface that (i) displays the first position of each portable tool of the plurality of portable tools and (ii) displays the relative position between the at least one portable tool and the implement ((Figs. 1, 5s, 6s, 10; Claim 21, Abstract; Paragraphs [0004]-[0005]; Paragraph [0024], displaying location, and type of the monitored tool, where tools are also machines, Fig. 5B, tool relative to Truck)
Goepner discloses controlling industrial truck, including determining the relative positions of the plurality of portable wireless transceivers and the truck (Paragraphs [0017], [0028]; and the rest Paragraphs [0008]-[0014], [0016]-[0022])
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 and Goepner 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, determine a relative position between at least one portable tool of the plurality of portable tools and the implement based on the first position of the at least one portable tool and the second position of the implement, and provide a virtual toolbox user interface that (i) displays the first position of each portable tool of the plurality of portable tools and (ii) displays the relative position between the at least one portable tool and the implement, so as to efficiently track tools and control the operation of the lift machine.
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 at least wireless transceiver of the first plurality of wireless transceivers 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 3. Kaufmann discloses each wireless transceiver of the first plurality of wireless transceivers includes a dedicated battery (Paragraph [0060], tag with battery, [0062], anchor with battery)
Regarding Claim 4. Kaufmann discloses one or more processing circuits is integrated into a single device (Paragraphs [0057], [0060], [0062]).
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 each portable tool of the plurality of portable tools by tracking positions of each 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 6. Kaufmann discloses the one or more processing circuits are configured to determine the first 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 a corresponding wireless transceiver of the first plurality of wireless transceivers and a second time at which each signal of the plurality of second wireless signals is detected by the corresponding 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 corresponding 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 12. Kaufmann discloses the first wireless signal includes information pertaining to a corresponding portable tool (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 corresponding portable tool, 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 13. Kaufmann discloses determine, using the first position of at least one portable tool of the plurality of portable tools, that a first operation of the lift device would result in a component of the lift device moving proximate to the at least portable tool; and prevent, responsive to determining that the first operation would result in the component moving proximate to the at least one portable tool, the first operation of the lift device (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 15. Kaufmann discloses a position tracking system (Abstract), comprising:
a plurality of first wireless transceivers configured to transmit a plurality of first wireless signals, a first wireless transceiver of the plurality of first wireless transceivers configured to be coupled to a portable tool (Fig. 3a, 100s; Paragraph [0007], anchors and tags mounted to various devices and machine, and portable tool such as survey instrument, Paragraph [0014], [0052]-[0054], transceivers mounted on machinery),
a plurality of second wireless transceivers configured to be coupled to a fixed portion of
the machine (Paragraph [0014]; Figs. 3-4; Paragraph [0007]), 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 based on communication between the first wireless transceiver and the plurality of second wireless transceivers, determine a second position of the movable component of the machine based on communication between the second wireless transceiver and the plurality of second wireless transceivers, determine a relative position between the portable tool and the movable component based on the first position of the portable tool and the second position of the movable component (Abstract; positions of the wireless anchors with respect to the reference; Paragraph [0001], [0014], determining object positions of the transceivers, based on time of flight measurement with respect to the reference anchors, [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; Note: Since the positions are determined, the relative positions are therefore also known, or obvious to determine)
Kaufman does not explicitly disclose determine a relative position between the portable tool and the movable component based on the first position of the portable tool and the second position of the movable component, and provide a virtual toolbox user interface that (i) displays the first position of the portable tool and (ii) displays the relative position between the at least one portable tool and the movable component.
Zeiler discloses each of the plurality of 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 provide a virtual toolbox user interface that (i) displays the first position of each portable tool of the plurality of portable tools and (ii) displays the relative position between the at least one portable tool and the implement ((Figs. 1, 5s, 6s, 10; Claim 21, Abstract; Paragraphs [0004]-[0005]; Paragraph [0024], displaying location, and type of the monitored tool, where tools are also machines, Fig. 5B, tool relative to Truck)
Goepner discloses controlling industrial truck, including determining the relative positions of the plurality of portable wireless transceivers and the truck (Paragraphs [0017], [0028]; and the rest Paragraphs [0008]-[0014], [0016]-[0022])
At the time of the invention filed, it would have been obvious to use the teaching of Zeiler and Goepner in Kaufmann and determine a relative position between the portable tool and the movable component based on the first position of the portable tool and the second position of the movable component, and provide a virtual toolbox user interface that (i) displays the first position of each portable tool and (ii) displays the relative position between the at least one portable tool and the movable component, 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 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 plurality of first wireless transceivers configured to transmit a plurality of first wireless signals, each of the plurality of first wireless transceivers condigured to be coupled to a respective portable tool of a plurality of portable tools (Fig. 3a, 100s; Paragraph [0007], anchors and tags mounted to various devices and machine, and portable tool such as survey instrument, and obvious that tags and anchors are attached to other portable tools; Paragraph [0014], [0052]-[0054], transceivers mounted on machinery)
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 explicitly 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, does not explicitly disclose determine a relative position between at least one portable tool of the plurality of portable tools and the movable component, and provide a virtual toolbox user interface that (i) displays the first position of each portable tool of the plurality of portable tools and (ii) displays the relative position between the at least one portable tool and the movable component
Zeiler discloses each of the plurality of 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 provide a virtual toolbox user interface that (i) displays the first position of each portable tool of the plurality of portable tools and (ii) displays the relative position between the at least one portable tool and the implement ((Figs. 1, 5s, 6s, 10; Claim 21, Abstract; Paragraphs [0004]-[0005]; Paragraph [0024], displaying location, and type of the monitored tool, where tools are also machines, Fig. 5B, tool relative to Truck)
Goepner discloses controlling industrial truck, including determining the relative positions of the plurality of portable wireless transceivers and the truck (Paragraphs [0017], [0028]; and the rest Paragraphs [0008]-[0014], [0016]-[0022])
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 and Goepner 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 relative position between at least one portable tool of the plurality of portable tools and the movable component, and provide a virtual toolbox user interface that (i) displays the first position of each portable tool of the plurality of portable tools and (ii) displays the relative position between the at least one portable tool and the movable component, 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).
Regarding Claim 21. 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 (Figs. 3a, 4)
5. 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 and Goepner, US-PGPUB 2018/0057331 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.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot in view of new grounds of rejection.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HYUN D PARK whose telephone number is (571)270-7922. The examiner can normally be reached 11-4.
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/HYUN D PARK/Primary Examiner, Art Unit 2857
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