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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 5/4/2024 & 1/25/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Invention II in the reply filed on 1/28/2026 is acknowledged.
Claims 1-7 & 15-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/28/2026.
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.
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 8-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13-19 of copending Application No. 18/418,241 (reference application)(‘241 hereinafter. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 8 application ‘241 teaches receiving, from a first barometer, a first measurement of absolute barometric pressure p1 for a first moment-in-time t1; receiving, from a first wireless terminal, a second measurement of absolute barometric pressure p2 for a second moment-in-time t2, wherein the second measurement of absolute barometric pressure p2 is measured by a second barometer in the first wireless terminal; receiving, from a second wireless terminal:(i) an indication of a change in barometric pressure Ap at a third barometer in the second wireless terminal during a time-interval Δt, and (ii) an indication of whether or not the second wireless terminal was stationary during the time-interval Δt; when the indication of whether or not the second wireless terminal was stationary during the time-interval At indicates that the second wireless terminal was indeed stationary, generating an estimate of the altitude of the first wireless terminal at the second moment-in-time t2, based on:(i) the second measurement of absolute barometric pressure p2, and(ii) a reference barometric pressure po that is based on: (1) the sum of p1+Δp, and (2) an estimate of the altitude of the first barometer; and transmitting, to a location-based-application server, the estimate of the altitude of the first wireless terminal. (Claim 13)
Regarding claim 9 application ‘241 teaches the estimate of the altitude of the first wireless terminal is expressed in building floors above local ground level. (Claim 14)
Regarding claim 10 application ‘241 teaches the estimate of the altitude of the first wireless terminal is expressed in meters above mean sea level. (Claim 15)
Regarding claim 11 application ‘241 teaches the time-interval Δt is concurrent with the time-interval from t1 to t2. (Claim 16)
Regarding claim 12 application ‘241 teaches the time-interval Δt overlaps the majority of the time-interval from t1 to t2, and(ii) the time-interval from t1 to t2 overlaps the majority of the time- interval Δt. (Claim 17)
Regarding claim 13 application ‘241 teaches the indication of a change in barometric pressure Δp is provided by the second wireless terminal explicitly. (Claim 18)
Regarding claim 14 application ‘241 teaches the time-interval Δt extends from a third moment-in-time i3 to a fourth moment-in-time t4; wherein the indication of a change in barometric pressure Δp is provided by the second wireless terminal as: (i) a third measurement of absolute barometric pressure p3 for the third moment-in-time t3 and (ii) a fourth measurement of absolute barometric pressure p4 for the fourth moment-in-time t4; and further comprising determining the change in barometric pressure Δp at the second barometer in the wireless terminal during the time-interval Δt based on the difference of p4 minus p3. (Claim 19)
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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US 20250137779 A1 Method for generating enhanced estimate of reference barometric pressure by using dissimilar pressure references to determine elevation of wireless terminal, involves transmitting estimate of altitude of wireless terminal to location-based-application server
US 20250137779 A1 Estimating the Location of a Wireless Terminal Based on Dissimilar Barometric Pressure References
US 11467291 B2 Estimation of barometric pressure measurement bias with adjustment based on a value expected for a wireless terminal
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US 8306676 B1 Systems and methods for differential altitude estimation utilizing spatial interpolation of pressure sensor data
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina M Deherrera can be reached at (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855
