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 .
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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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11678144 in view of Duff et al. (US 20200034501 A1).
Regarding claim 1, all limitations of claim 1 of the instant application are substantially similar to / contained in the corresponding limitations of claim 1 of US 11678144, with the following correspondences shown in the table below:
Instant application
US 11678144
Comments
Claim 1
Claim 1
at least one tracker having a visual display element;
a plurality of trackers; and provides directions and rewards associated with said branded locations.
Providing directions and rewards implies a display
at least one game server;
at least one remote server
at least one user device;
a plurality of user devices
one or more networks;
one or more networks;
where the at least one tracker is attached to a user to be tracked;
the said trackers are attached to a tracked entity
tracked entity is the user being tracked
where the at least one tracker communicates with the at least one game server, the at least one user device, or combinations thereof via the one or more networks;
where the said trackers communicate with the at least one remote server, the said user devices, the at least one charging station, or combinations thereof via the one or more networks
Where ….. and the at least one user device are operable to display the location of the at least one tracker;
where the at least one user device is operable to display the location of the at least one tracker;
where the tracker determines the arrival of the at least one tracker at the geographic area of a pre-determined specific location
where the at least one tracker communicates location information within one or more geofenced areas to the at least one remote server,
Geographic area = geofenced area
where the tracker receives specific information or rewards and displays the specific information or rewards to the user upon verification of arrival at said pre-determined specific location.
where said action or alert provides directions within a geofenced area as activities or other content branded to locations within the geofenced area and provides directions and rewards associated with said branded locations.
Directions would be provided on tracker display
US 11678144 does not disclose said at least one tracker enabling a smart compass application; where the smart compass application communicates location information to the at least one game server; where the smart compass application communicates with specific physical locations within a venue through a Near Field Communication (NFC) protocol.
In the same field of endeavor, however, Duff discloses:
a smart compass application ([0113]; [0187], last sentence; [0385]);
where the smart compass application communicates location information to the at least one game server (Fig. 1C, element 119 communicates via the network to server 108; [0193] discloses “Human (and/or animal) may be quantified with sensors within device 119 installed on or proximate to the Human 118”. If sensor is compass, it could communicate location and direction information);
where the smart compass application communicates with specific physical locations within a venue through a Near Field Communication (NFC) protocol ([0034] discloses “The method may include examples where the wearable device further includes near field communication devices.”; tracker interpreted as the wearable device, with smart compass sensor in the tracker).
Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to use the method, as taught by Duff in the system of US 11678144 because adding a smart compass would enable one to obtain direction and location (using multiple directions and triangulation).
Allowable Subject Matter
Claims 2 – 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Other Prior Art Cited
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
The following patents/publications are cited to further show the state of the art with respect to real-time tracking devices:
Barnett et al. (US 20180168464) discloses Internet of Things (IoT) Personal Tracking Apparatus, System, And Method.
McCormick (US 20180035257 A1) discloses device tracking system.
Gill (US 20210007325 A1) discloses a Pet Tracking Device.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADOLF DSOUZA whose telephone number is (571)272-1043. The examiner can normally be reached Mon - Fri 9 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh M Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADOLF DSOUZA/Primary Examiner, Art Unit 2632