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 Arguments
Applicant’s arguments filed 3/18/2026 are persuasive. Prior art rejection has been overcome.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 1065269. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the claimed subject matter to arrive at the slightly broader instant claims. See table below.
Instant App.
Patent # 10652698
Comments
1. A computer-implemented method comprising: obtaining, in connection with at least a first instance, geo-location data associated with one or more hardware devices in relation to a user device;
1. A computer-implemented method comprising: obtaining geo-location data attributed to one or more access points within a given proximity of a previously-determined geo-location of a user processing device, wherein an access point comprises a networking hardware device having identifiable geo-location properties, and wherein the geo-location data attributed to the one or more access points comprises geo-location data defined as a one-dimensional spiral data structure relative to the previously-determined geo-location of the user processing device, wherein the one-dimensional spiral data structure is configured to have one or more predetermined geometric properties;
Substantially similar claim language. Instant limitation is broader.
detecting, in connection with at least a second instance, at least a portion of the one or more hardware devices;
detecting one or more access points within the given proximity of the user processing device;
Substantially similar claim language. Instant limitation is broader.
determining geo-location data associated with the user device based at least in part on comparing geo-location data associated with the at least a portion of the one or more hardware devices detected in connection with the at least a second instance to at least a portion of the geo-location data obtained in connection with the at least a first instance; and
comparing the one or more detected access points to the obtained geo-location data; and determining geo-location data attributed to the user processing device based at least in part on the comparing of the one or more detected access points to the obtained geo-location data;
Substantially similar claim language. Instant limitation is broader.
performing one or more automated actions based at least in part on the determined geo-location data associated with the user device;
Obvious over claim 2
wherein the method is carried out by the user device.
wherein the method is carried out locally by the user processing device.
Substantially similar claim language. Instant limitation is broader.
Claims 2-10 are obvious over claims 1-9, 14, 18, and 20 of Patent 10652698.
Instant App.
Patent # 10652698
Comments
11. An apparatus comprising: at least one user device comprising a processor coupled to a memory; the at least one user device being configured: to obtain, in connection with at least a first instance, geo-location data associated with one or more hardware devices in relation to the at least one user device;
18. An apparatus comprising: at least one processing device comprising a processor coupled to a memory; the at least one processing device being configured: to obtain geo-location data attributed to one or more access points within a given proximity of a previously-determined geo-location of a user processing device, wherein an access point comprises a networking hardware device having identifiable geo-location properties, and wherein the geo-location data attributed to the one or more access points comprises geo-location data defined as a one-dimensional spiral data structure relative to the previously-determined geo-location of the user processing device, wherein the one-dimensional spiral data structure is configured to have one or more predetermined geometric properties;
Substantially similar claim language. Instant limitation is broader.
to detect, in connection with at least a second instance, at least a portion of the one or more hardware devices;
to detect one or more access points within the given proximity of the user processing device;
Substantially similar claim language. Instant limitation is broader.
to determine geo-location data associated with the at least one user device based at least in part on comparing geo-location data associated with the at least a portion of the one or more hardware devices detected in connection with the at least a second instance to at least a portion of the geo-location data obtained in connection with the at least a first instance; and
to compare the one or more detected access points to the obtained geo-location data; and to determine geo-location data attributed to the user processing device based at least in part on the comparing of the one or more detected access points to the obtained geo-location data.
Substantially similar claim language. Instant limitation is broader.
to perform one or more automated actions based at least in part on the determined geo-location data associated with the at least one user device.
Obvious over claim 2.
Claims 12-18 are obvious over claims 1-9, 14, 18, and 20 of Patent 10652698.
Instant App.
Patent # 1065269
Comments
19. A non-transitory processor-readable storage medium having stored therein program code of one or more software programs, wherein the program code when executed by at least one user device causes the at least one user device: to obtain, in connection with at least a first instance, geo-location data associated with one or more hardware devices in relation to the at least one user device;
16. A non-transitory processor-readable storage medium having stored therein program code of one or more software programs, wherein the program code when executed by at least one processing device causes the at least one processing device: to obtain geo-location data attributed to one or more access points within a given proximity of a previously-determined geo-location of a user processing device, wherein an access point comprises a networking hardware device having identifiable geo-location properties, and wherein the geo-location data attributed to the one or more access points comprises geo-location data defined as a one-dimensional spiral data structure relative to the previously-determined geo-location of the user processing device, wherein the one-dimensional spiral data structure is configured to have one or more predetermined geometric properties;
Substantially similar claim language. Instant limitation is broader.
to detect, in connection with at least a second instance, at least a portion of the one or more hardware devices;
to detect one or more access points within the given proximity of the user processing device;
Substantially similar claim language. Instant limitation is broader.
to determine geo-location data associated with the at least one user device based at least in part on comparing geo-location data associated with the at least a portion of the one or more hardware devices detected in connection with the at least a second instance to at least a portion of the geo-location data obtained in connection with the at least a first instance; and
to compare the one or more detected access points to the obtained geo-location data; and to determine geo-location data attributed to the user processing device based at least in part on the comparing of the one or more detected access points to the obtained geo-location data.
Substantially similar claim language. Instant limitation is broader.
to perform one or more automated actions based at least in part on the determined geo-location data associated with the at least one user device.
Obvious over claim 2.
Claims 20 is obvious over claim 20 of Patent 10652698.
Allowable Subject Matter
Claims 1-20 would be allowable pending a properly filed Terminal Disclaimer.
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.
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Any inquiry concerning this communication or earlier communications from the
Examiner should be directed to Fayyaz Alam whose telephone number is (571) 270-1102. The Examiner can normally be reached on Monday-Friday from 9:30am to 7:00pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Jeanette Parker can be reached on (571) 270-3647. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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Fayyaz Alam
April 4, 2026
/FAYYAZ ALAM/
Primary Examiner, Art Unit 2674