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 .
Status of the Application
2. This communication is the first action on the merits. Claim 1-20 are in pending status.
Drawings
3. The drawings filed on 2/2/24 are acceptable for examination proceedings.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
input devices configured to receive a controlling input, output devices configured to provide one or more outputs in claim 4, and 14;
server being configured to in claim 11, 15, and 19;
one or more output devices of the asset interface configured to provide the output in claim 16.
As the filed disclosure define the input and output device as “As shown, the asset interface 102b includes a plurality of input devices (e.g., buttons, knobs, dials, switches, microphones, etc.) and a plurality of output devices (e.g., a display screen and one or more lights, speakers, etc.). In some examples, the asset interface 102b may be configured to emit a perceptible output via one or more of its output devices, such as, for example, visibly blinking/flashing lights, visible display screen message/picture, audible siren, audible wailing, audible beeping, audible klaxon, and/or other visible and/or audible outputs” (Para. [0028], Fig. 1 of Pub: 2024/0173789);
Server as a “In the example of FIG. 1, the one or more asset tracking servers 110 include server communication circuitry 114, server processing circuitry 116, and server memory circuitry 112 in electrical communication with one another. In some examples, only one asset tracking server 110 may be used. In some examples, multiple asset tracking servers 110 may be used. As shown, the one or more asset tracking servers 110 are in communication with one or more gateways 140 through the network 101. In some examples, the asset tracking server(s) 110 may be in communication with one or more hubs 160 as well. In some examples, the asset tracking server(s) 110 may be in communication with the one or more gateways 140 and/or hubs 160 directly, without going through the network 101. In some examples, the server communication circuitry 114 may facilitate communication with the network 101, gateways 140, and/or hubs 160” (Para. [0047] of Pub: 2024/0173789).
Thus, the claimed limitations are supported by the specification and are in accordance with MPEP 2181(II)(B).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Double Patenting
4. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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.
5. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed method of identifying a welding asset of instant application is anticipated by a method of identifying a welding asset of US Patent. 11931833.
Claim 1 of this instant application
Claim 1 of the Patent:11931833
A method of identifying a welding asset, comprising: receiving, at a server, a selection signal representative of a selection of a particular welding asset;
A method of identifying a welding asset, comprising: receiving, at a welding asset tracking server, a selection signal, representative of a selection of a particular welding asset;
and sending, via the server, a command to a hub retained by the particular welding asset, the command being sent from the server to the hub through a welding asset tracking network,
and sending, via communication circuitry of the welding asset tracking server, a command to a hub retained by the particular welding asset, the command directing the particular welding asset to provide an output,
the welding asset tracking network comprising at least one welding asset retaining a gateway in communication with both the hub and the server, the gateway comprising long range communication circuitry through which the gateway is in communication with the server, and short range communication circuitry through which the gateway is in communication with the hub.
the command being sent from the welding asset tracking server to the hub through a welding asset tracking network, the welding asset tracking network comprising at least one welding asset retaining a gateway in communication with both the hub and the welding asset tracking server, the gateway comprising long range communication circuitry through which the gateway is in communication with the welding asset tracking server, and short range communication circuitry through which the gateway is in communication with the hub.
6. Claim 2-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed method of identifying a welding asset of instant application is anticipated by a method of identifying a welding asset of US Patent. 11931833.
7. Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 and 3 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed method of identifying a welding asset of instant application is anticipated by a method of identifying a welding asset of US Patent. 11931833.
8. Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed method of identifying a welding asset of instant application is anticipated by a method of identifying a welding asset of US Patent. 11931833.
9. Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed method of identifying a welding asset of instant application is anticipated by a method of identifying a welding asset of US Patent. 11931833.
10. Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed method of identifying a welding asset of instant application is anticipated by a method of identifying a welding asset of US Patent. 11931833.
11. Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed method of identifying a welding asset of instant application is anticipated by a method of identifying a welding asset of US Patent. 11931833.
12. Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed method of identifying a welding asset of instant application is anticipated by a method of identifying a welding asset of US Patent. 11931833.
13. Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed method of identifying a welding asset of instant application is anticipated by a method of identifying a welding asset of US Patent. 11931833.
14. Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed welding asset tracking system of instant application is anticipated by a welding asset tracking system of US Patent. 11931833.
Claim 11 of this instant application
Claim 11 of the Patent:11931833
A welding asset tracking system, comprising: a server in communication with long range communication circuitry of a gateway retained by at least one welding asset, and a welding asset tracking network comprising the at least one welding asset retaining the gateway, and short range communication circuitry, through which the gateway is in communication with the hub of the particular welding asset,
A welding asset tracking system, comprising: a welding asset tracking network comprising at least one welding asset retaining a gateway, the gateway comprising long range communication circuitry, through which the gateway is in communication with a welding asset tracking server, and short range communication circuitry, through which the gateway is in communication with a hub of a particular welding asset;
the gateway comprising long range communication circuitry, through which the gateway is in communication with the server,
and the welding asset tracking server comprising server communication circuitry in communication with the long range communication circuitry of the gateway retained by the at least one welding asset of the welding asset tracking network,
the server being configured to: receive a selection signal representative of a selection of a particular welding asset, and send a command to a hub of the particular welding asset; wherein the server is configured to send the command to the hub of the particular welding asset through the welding asset tracking network.
the server communication circuitry configured to: receive a selection signal representative of a selection of the particular welding asset, and send to the hub of the particular welding asset, via the welding asset tracking network, a command for the particular welding asset to provide an output.
15. Claim 12-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed welding asset tracking system of instant application is anticipated by a welding asset tracking system of US Patent. 11931833.
16. Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 and 13 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed welding asset tracking system of instant application is anticipated by a welding asset tracking system of US Patent. 11931833.
17. Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed welding asset tracking system of instant application is anticipated by a welding asset tracking system of US Patent. 11931833.
18. Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed welding asset tracking system of instant application is anticipated by a welding asset tracking system of US Patent. 11931833.
19. Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed welding asset tracking system of instant application is anticipated by a welding asset tracking system of US Patent. 11931833.
20. Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed welding asset tracking system of instant application is anticipated by a welding asset tracking system of US Patent. 11931833.
21. Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed welding asset tracking system of instant application is anticipated by a welding asset tracking system of US Patent. 11931833.
22. Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 11931833. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed welding asset tracking system of instant application is anticipated by a welding asset tracking system of US Patent. 11931833.
Claim Objections
Claim 13-20 are objected to because of the following informalities: Claim 13-20 need to amend to read as “The welding asset tracking system of…” instead of “The system of..”. Appropriate correction is required.
Allowable Subject Matter
There is no prior art rejection is provided. Claim 1-20 are allowable once the double patent rejection and claim objection is overcome.
The closest prior art Albrecht (Pub: 2007/0080153) disclose an apparatus and system for wirelessly identifying, locating, and/or monitoring the status of remote welding-type devices located at a job site or in storage.
Holverson (Pat: 9862048) disclose a method and apparatus for monitoring weld cell and related activity is disclosed. The activity is sensed using a variety of sensors, and reported to the controller, or to a remote location (Abstract).
Enyedy (Pub: 2018/0032066) disclose a production monitoring systems for monitoring weldment locations and inspection information and for generating inspection reports accessible to a wide variety of user devices (Para. [0001]).
Burch (Pub: 2014/0240125) disclose a systems and methods for wirelessly tracking power tools and related devices (Para. [0002]).
Rappl (Pub:2011/0073569) disclose welding systems, and more particularly to welding systems with power line communication (Para. [0002]).
Nelson (Pub: 2007/0205894) disclose a methods and apparatus for radio frequency identification for asset management (Para. [0007]).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
23. Claim 5, 8, 15, and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The above mentioned claim recites the limitation of “a subset size of the subset of
welding assets being smaller than a set size of the set of welding assets”. The filed disclosure does not describe the size of subset and set size of welding assets.
Hence claim 5, 8, 15, 19 are rejected under 35 U.S.C 112(a).
Conclusion
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/JIGNESHKUMAR C PATEL/Primary Examiner, Art Unit 2116