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 .
Response to Amendment
This action is responsive to applicant's amendment and remarks received on 04/27/2026.
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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Claims 1-2 and 4-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4-5, and 7-11 of U.S. Patent No. US 11645489 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are obvious variants of the patented claims. The following is an example for comparing claims of the instant application and claims of U.S. Patent No. US 11645489 B2:
Instant application
U.S. Patent No. US 11645489 B2
1. An impact indicator, comprising:
a microelectromechanical system (MEMS) device comprising an element movable from a first position to a second position in response to receipt by the element of an impact event, the element comprising an opening extending therethrough, the MEMS device further comprising a first circuitry configured to change from a first state to a second state in response to movement of the element from the first position to the second position, the first circuitry prevented from returning to the first state in response to changing to the second state;
a second circuitry coupled to the first circuitry, the second circuitry configured to output a value indicating that the element is in the second position; and
a removable activator element having a portion extending through the opening, the portion spaced apart from the element where the portion extends through the opening in the element, the activator element configured to enable movement of the element from the first position toward the second position without reaching the second position until removal of the activator element from the MEMS device.
Also see claim 8 and 15.
1. An impact indicator, comprising:
a micro-sensor communicatively coupled to the communications module inlay for detecting an impact event, the micro-sensor having irreversible detection circuitry to detect the actuation status;
a substrate having a communications module inlay to communicate an actuation status of the indicator; and
an activator element to maintain the micro-sensor in a non-reactive state until removal of the activator element from the micro-sensor, wherein the activator element includes a retention element coupled to an obstructer, wherein removal of the retention element from the indicator causes removal of the obstructer from the micro-sensor.
5. An impact indicator, comprising:
a micro-sensor activatable in response to receipt by the micro-sensor of an impact event, the micro-sensor including detection circuitry changeable from a first state to a second state in response to the activation of the micro-sensor, the detection circuitry prevented from returning to the first state in response to the activation; a radio-frequency identification (RFID) module coupled to the detection circuitry, wherein the RFID module outputs a value indicating that the micro-sensor has been activated; and
an activator element maintaining the micro-sensor in a non-reactive state until removal of the activator element from the micro-sensor,
wherein the activator element includes an obstructer configured to limit movement of a movable element of the micro-sensor.
Also see claim 3 and 9
4. The impact indicator of claim 1, wherein the MEMS device is formed on a silicon wafer substrate.
4. The impact indicator of claim 1, wherein the micro-sensor is formed on a wafer substrate.
8. An impact indicator, comprising:
a liquid crystal display (LCD) panel-fabricated device having a communications module inlay formed on a substrate thereof to communicate an actuated state of the impact indicator, the LCD panel-fabricated device further comprising movable element having an opening extending therethrough, the LCD panel-fabricated device further comprising a first circuitry configured to detect an impact event, the first circuitry being irreversible after detecting the impact event and being placed in the actuated state; and
an activator element having a portion extending through the opening and spaced apart from the movable element where the portion extends through the opening in the movable element, the activator element configured to maintain the first circuitry in a non-reactive state until removal of the activator element from the impact indicator.
9. The impact indicator of claim 8, wherein the activator element includes a retention element coupled to an obstructer, wherein the obstructer is coupled to the substrate, and wherein removal of the retention element from the impact indicator causes removal of the obstructer from the substrate.
Also see claims 1 and 15.
5. An impact indicator, comprising:
a micro-sensor activatable in response to receipt by the micro-sensor of an impact event, the micro-sensor including detection circuitry changeable from a first state to a second state in response to the activation of the micro-sensor, the detection circuitry prevented from returning to the first state in response to the activation; a radio-frequency identification (RFID) module coupled to the detection circuitry, wherein the RFID module outputs a value indicating that the micro-sensor has been activated; and
an activator element maintaining the micro-sensor in a non-reactive state until removal of the activator element from the micro-sensor,
wherein the activator element includes an obstructer configured to limit movement of a movable element of the micro-sensor.
7. The impact indicator of claim 5, wherein the micro-sensor is formed on a liquid crystal display (LCD) panel substrate.
Also see claim 1, 3, and 9
10. The impact indicator of claim 9, wherein the obstructer is adhesively coupled to the retention element.
2. The impact indicator of claim 1, wherein the obstructer is adhesively coupled to the retention element.
12. The impact indicator of claim 8, wherein the LCD panel-fabricated device comprises at least one beam configured to fracture upon receipt of the impact event.
14. The impact indicator of claim 12, wherein the at least one beam is coupled to the movable element.
10. The impact indicator of claim 5, wherein the micro-sensor includes a mass element coupled to at least one beam element, wherein the at least one beam element fractures in response to the micro-sensor experiencing the impact event.
11. The impact indicator of claim 10, wherein the detection circuitry is formed on the at least one beam element.
Claim 15-17.
See claims 1, 3, 5 and 7-9.
18. The impact indicator of claim 15, wherein the activator element includes an obstructer extending through the opening in the movable element.
9. The impact indicator of claim 5, wherein the obstructer extends through the movable element of the micro-sensor.
Response to Arguments
Applicant's arguments filed 04/27/2026 regarding the nonstatutory double patenting rejection have been fully considered but they are not persuasive. Applicant has not traversed the rejection on the merits and has stated the intent to file a terminal disclaimer under 37 CFR 1.321 "to the extent necessary at the time that the pending claims are otherwise deemed allowable." The rejection is accordingly maintained, and a compliant terminal disclaimer will be required prior to allowance. Applicant is advised that the terminal disclaimer must be filed and approved before the claims can be passed to issue.
Allowable Subject Matter
Claims 1–2 and 4–20 contain allowable subject matter over the prior art of record; these claims would be in condition for allowance upon resolution of the nonstatutory double patenting rejection by an approved terminal disclaimer.
The following is an examiner's statement of reasons for the indication of allowable subject matter: The prior art of record, alone or in combination, does not teach or suggest a removable activator element having a portion extending through an opening formed in the movable element and spaced apart from the movable element at that location, the activator being configured to enable movement of the element toward the actuated position without reaching it until the activator is removed, in combination with the remaining claim limitations. The closest art, Robinson (US 6,321,654), discloses a linchpin that spaces apart and rigidly restrains the movable member against all movement while in place, and thus teaches neither the spaced-apart-at-the-opening relationship nor the enable-limited-movement functionality claimed. Kranz (US 2006/0220803) discloses the impact-responsive proof-mass MEMS device and irreversible latching circuitry but is silent as to any activator or obstructer element. Neither reference, alone or in combination, and neither in combination with Klejwa, Branch, or Frazier, teaches or suggests the claimed activator relationship.
With respect to claims 8 and 15, the Examiner notes for the record that written description support for the opening extending through the movable element as applied to the liquid crystal display (LCD) panel-fabricated device is found in the disclosure defining micro-sensor 20 as a genus encompassing MEMS, LCD panel-fabricated, and R2R devices interchangeably ([0018]); in the generic description of the activator element and obstructer with respect to "sensor 20" ([0024]–[0025]); in the obstructer-through-an-opening activator arrangement shown in connection with a non-MEMS (R2R) sensor ([0031]–[0033]); and in the statement that the several sensor types "may be similarly configured" ([0034]). This disclosure conveys possession of the claimed activator arrangement across the disclosed sensor types.
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 RAJSHEED O BLACK-CHILDRESS whose telephone number is (571)270-7838. The examiner can normally be reached M to F, 10am to 5pm.
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/RAJSHEED O BLACK-CHILDRESS/Examiner, Art Unit 2685
/QUAN ZHEN WANG/Supervisory Patent Examiner, Art Unit 2685
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