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 is in response to Applicant’s amendment which was filed on 06/15/2026 and has been entered. Claims 1, 2, 3, 5, 6, 16, 18, and 20 have been amended. No claims have been cancelled. No claims have been added. Claims 1-20 are pending in this application, with claims 1, 16 and 20 being independent.
Response to Arguments
Applicant’s amendment filed 06/15/2026 to claim 3 has been entered and overcomes the rejection under 35 USC 112. The rejection of claim 3 has been withdrawn.
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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, 16 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Publication No. 2025/0142333 (NOTE: a notice of allowance has been issued however U.S. Patent No. has not been assigned). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761. For example, claims 1, 16 and 20 of the pending application has the same limitations as claim 1 of the patent except for “a network configured to manage outgoing or incoming wireless transmission, wherein the network comprises a controller configured to: regulate wireless transmissions to or from the secured facility, and based on determining that the wireless transmission comprises identifying data corresponding to an authorized device in the log, instruct the network to manage the outgoing or incoming wireless transmission to its destination.” Therefore, claim 1 of the pending application is broader than claim 1 of the patent.
Claims 1, 16 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 5 of copending Application No. 18/481746 (reference application) in view of US PUBLICATION NO. 2012/0094668 (“Vratskides”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application are recited in the co-pending application. The instant application additionally recites extracting and storing identification information from the device information in a log. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to store data of each mobile device placed in the containment space in order to maintain a historical record of past mobile device in the confinement space.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over US PUBLICATION NO. 2012/0094668 (“Vratskides”) in view of US Publication No. 2019/0311562 (“Campbell et al.”).
Regarding claim 1, Vratskides discloses a method for managing cellular devices comprising:
receiving a cellular device in an RF containment space configured to provide an electronically isolated environment by blocking electromagnetic waves or radio frequency (RF) waves such that the cellular device is electronically isolated from outside when the cellular device is placed inside the RF containment space ([0013-0015] Fig. 1, enclosure 101, impenetrable by and pervious to electromagnetic radiation, mobile phone 103; [0063-0065] shielded enclosure dimensions, mobility), wherein the RF containment space comprises one or more internal antennas ([0030] A transmitter and a receiver, or alternatively a transceiver 102, are placed within the EMF shielded enclosure);
transmitting, using the one or more internal antennas, one or more cellular network signals configured to emulate at least one base station of a telecommunication carrier to cause the cellular device to initiate connecting to a network set up by a virtual base station coupled to the RF containment space ([0032] The internal transceiver is controlled by a controller 105 such that it generates a radio cell of a cellular communication network within the enclosure);
providing, on a display, a graphical user interface (GUI) for inputting information, displaying information associated with the cellular device, or viewing a log ([0052-0056] visual display 201, extracted information, unique user identifier, database storage); and
in response to the cellular device attempting to gain access to the network, obtaining device information from the cellular device placed in the RF containment space via the one or more cellular network signal, extracting and storing identification information from the device information in the log ([0057] At step 302, once inside the enclosure, the mobile phone is unable to receive any external signals and the mobile phone loses coverage and connection to its home network. This causes the mobile phone to roam to seek a new visiting network with which to register and connect with as in step 303. In step 304, the mobile phone registers with the femtocell generated within the enclosure since the femtocell is the only cell available to the mobile phone.).
Vratskides discloses extracting a cellular identifier and correlating identifier with stored database information corresponding to claimed “determining whether the cellular device matches identification information stored in a profile database” but does not specify based on a determination that the cellular device matches identification information stored in the profile database, checking the cellular device in by storing the identification information on the log.
In a similar field of endeavor, Campbell et al. discloses a security scanner at a facility that communicates with the wearable device to receive and decode the stored data to determine a status of the wearer and whether the wearer may enter or leave the facility. Illustrated in Fig. 3, the method includes, when initialized or activated, the wearable security apparatus 10 outputs its device ID for receipt by a local security scanner 12. At block 104, a security scanner 12 receives the device ID from the wearable security apparatus 10 and/or other identification data, e.g., PIN and so on, and directs the received identification data to the associate registry 14. The associate registry 14 at decision diamond 106 compares the received data to the linked record data corresponding to the wearer and corresponding wearable device to verify whether the wearable security apparatus 10 is registered ([0036-0037]). A positive determination results in an electronic check-in of a wearable security apparatus 10.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the cellular device identification of Vratskides to incorporate the registration and check-in status management disclosed by Campbell et al. to maintain a record of whether the device has entered the secured facility.
Regarding claim 16, Vratskides discloses a system (Fig. 1), comprising:
a box configured to provide an electronically isolated environment by blocking electromagnetic waves or radio frequency (RF) waves such that a cellular device is electronically isolated from outside the box when the cellular device is placed in the box, wherein the box comprises one or more internal antennas ([0013-0015] Fig. 1, enclosure 101, impenetrable by and pervious to electromagnetic radiation, mobile phone 103; [0063-0065] shielded enclosure dimensions, mobility, [0030] A transmitter and a receiver, or alternatively a transceiver 102, are placed within the EMF shielded enclosure);
one or more memories containing at least a profile database and a log ([0043] data storage device 107, database);
a display ([0052-0056] visual display 201, extracted information, unique user identifier, database storage); and
one or more processors configured to: provide, on the display, a graphical user interface (GUI) for inputting information, displaying information associated with the cellular device, or viewing a log; receive the cellular device in the box; generate a virtual base station configured to emulate at least one base station of a telecommunication carrier, wherein the virtual base station is coupled to the box; transmit, using the one or more internal antennas, one or more cellular network signals configured to emulate at least one base station of a telecommunication carrier to cause the cellular device to initiate connecting to a network set up by a virtual base station coupled to the box; in response to the cellular device attempting to gain access to the network, obtain device information from the cellular device placed in the box via the one or more cellular network signal; extract and store identification information from the device information in the log ([0057] At step 302, once inside the enclosure, the mobile phone is unable to receive any external signals and the mobile phone loses coverage and connection to its home network. This causes the mobile phone to roam to seek a new visiting network with which to register and connect with as in step 303. In step 304, the mobile phone registers with the femtocell generated within the enclosure since the femtocell is the only cell available to the mobile phone.).
Vratskides discloses extracting a cellular identifier and correlating identifier with stored database information corresponding to claimed “determining whether the cellular device matches identification information stored in a profile database” but does not specify based on a determination that the cellular device matches identification information stored in the profile database, checking the cellular device in by storing the identification information on the log.
In a similar field of endeavor, Campbell et al. discloses a security scanner at a facility that communicates with the wearable device to receive and decode the stored data to determine a status of the wearer and whether the wearer may enter or leave the facility. Illustrated in Fig. 3, the method includes, when initialized or activated, the wearable security apparatus 10 outputs its device ID for receipt by a local security scanner 12. At block 104, a security scanner 12 receives the device ID from the wearable security apparatus 10 and/or other identification data, e.g., PIN and so on, and directs the received identification data to the associate registry 14. The associate registry 14 at decision diamond 106 compares the received data to the linked record data corresponding to the wearer and corresponding wearable device to verify whether the wearable security apparatus 10 is registered ([0036-0037]). A positive determination results in an electronic check-in of a wearable security apparatus 10.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the cellular device identification of Vratskides to incorporate the registration and check-in status management disclosed by Campbell et al. to maintain a record of whether the device has entered the secured facility.
Regarding claim 20, Vratskides discloses an apparatus for managing cellular devices comprising
a box configured to provide an electronically isolated environment by blocking electromagnetic waves or radio frequency (RF) waves such that the cellular device is electronically isolated from outside the box when a cellular device is placed in the box, wherein the box comprises one or more internal antennas ([0013-0015] Fig. 1, enclosure 101, impenetrable by and pervious to electromagnetic radiation, mobile phone 103; [0063-0065] shielded enclosure dimensions, mobility, [0030] A transmitter and a receiver, or alternatively a transceiver 102, are placed within the EMF shielded enclosure);
a display ([0052-0056] visual display 201, extracted information, unique user identifier, database storage);
a memory configured to store at least a profile database and a log ([0043] data storage device 107, database; and
a processing system configured to:
provide, on the display, a graphical user interface (GUI) for inputting information when generating the profile and displaying the profile of the cellular device, generate a virtual base station configured to emulate at least one base station of a telecommunication carrier, wherein the virtual base station is coupled to the box, transmit, using the one or more internal antennas, one or more cellular network signals configured to emulate at least one base station of a telecommunication carrier to cause the cellular device to attempt to connect to a network set up by the virtual base station, in response to the cellular device attempting to gain access to the network, obtain device information from the cellular device placed in the box via the one or more cellular network signal, and extract and store identification information from the device information in the log ([0057] At step 302, once inside the enclosure, the mobile phone is unable to receive any external signals and the mobile phone loses coverage and connection to its home network. This causes the mobile phone to roam to seek a new visiting network with which to register and connect with as in step 303. In step 304, the mobile phone registers with the femtocell generated within the enclosure since the femtocell is the only cell available to the mobile phone.).
Vratskides discloses extracting a cellular identifier and correlating identifier with stored database information corresponding to claimed “determining whether the cellular device matches identification information stored in a profile database” but does not specify based on a determination that the cellular device matches identification information stored in the profile database, checking the cellular device in by storing the identification information on the log.
In a similar field of endeavor, Campbell et al. discloses a security scanner at a facility that communicates with the wearable device to receive and decode the stored data to determine a status of the wearer and whether the wearer may enter or leave the facility. Illustrated in Fig. 3, the method includes, when initialized or activated, the wearable security apparatus 10 outputs its device ID for receipt by a local security scanner 12. At block 104, a security scanner 12 receives the device ID from the wearable security apparatus 10 and/or other identification data, e.g., PIN and so on, and directs the received identification data to the associate registry 14. The associate registry 14 at decision diamond 106 compares the received data to the linked record data corresponding to the wearer and corresponding wearable device to verify whether the wearable security apparatus 10 is registered ([0036-0037]). A positive determination results in an electronic check-in of a wearable security apparatus 10.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the cellular device identification of Vratskides to incorporate the registration and check-in status management disclosed by Campbell et al. to maintain a record of whether the device has entered the secured facility.
Regarding claims 2 and 17, Vratskides discloses the method of claim 1, further comprising: based on a determination that the cellular device does not match identification information stored in the profile database, generating a new profile associated with the cellular device based on the identification information, wherein the identification information with the cellular device is stored in the profile, and storing the new profile in the profile database. device ([0043] data storage device 107, database; [0058-0060] determine if new user, Fig. 5, customized element 1, whether user is new or known to system).
Regarding claim 3, Vratskides discloses the method of claim 2, wherein the profile comprises at least one of: a photo of a user of the cellular device, a number of the cellular device, a name of the user, a company name for the user, a Mobile Station International Subscriber Directory Number (MSISDN), an International Mobile Subscriber Identity (IMSI), an International Mobile Equipment Identity (IMEI), a trusted device indication, authorized for entry, check in time, check in date, a device check out warning, a device type, a provider, personal device indication, company device indication, profile created by, profile checked in by, or profile checked out by ([0042], [0044-0047] [0042] The other piece of information pertaining to the mobile phone that is transmitted from the mobile phone to the femtocell is the International Mobile Equipment Identity (IMEI) number).
Regarding claim 4, Vratskides discloses the method of claim 1, wherein the device information comprises at least one of an international mobile subscriber identity (IMSI) or an international mobile equipment identity (IMEI) ([0042] The other piece of information pertaining to the mobile phone that is transmitted from the mobile phone to the femtocell is the International Mobile Equipment Identity (IMEI) number).
Regarding claim 5, Vratskides discloses the method of claim 1, further comprising: based on a determination that the cellular device does not match identification information stored in the profile database, causing, on the display, a display of a first visual indicator to indicate that the cellular device is unknown ([0043] data storage device 107, database; [0058-0060] determine if new user, Fig. 5, customized element 1, whether user is new or known to system).
Regarding claims 6 and 18, Vratskides in view of Campbell et al. discloses the method of claim 1, further comprising: based on a determination that the cellular device matches identification information stored in the profile database, providing, on the display, a display of the profile associated with the cellular device, tracking a duration since the cellular device has been checked in, and causing, on the display, a display of a second visual indicator to indicate that the cellular device is known (Campbell, [0021] ) The display 22 may also display a result, for example, whether the device 10 is activated, whether the wearer is registered, and/or whether the wearer is checked-in).
Regarding claim 7, Vratskides the method of claim 6, wherein checking the cellular device in further comprises: determine whether a check-in of the cellular device has violated a predetermined condition, based on a determination that the check-in of the cellular device has violated the predetermined condition, causing, on the display, a display of a third visual indicator associated with the profile on the log (“violated a predetermined condition” is broad and has been interpreted as not meeting a condition, such as network affiliation, [0061] the generated message need not merely recite information derived from the extracted information into a pre-formed template, but also the actual template that is used could vary depending on the extracted information, further enhancing the ability to customise the message generated and sent to the user's mobile phone. As an example, were the user already to belong to a certain network, the message would not offer deals on a new network but would instead offer an upgrade for the user's phone. Likewise, were the user already to have a top of the range mobile phone handset, the message would forgo offering a new handset but could instead offer an upgrade network package).
Regarding claim 8, Vratskides discloses the method of claim 6, further comprising: based on a determination that the cellular device has been checked in past a first time threshold, causing, on the display, a display of a third visual indicator associated with the profile on the log, and storing a caution warning in a status box associated with the cellular device in the log (the claim does not define “time threshold”, Examiner interprets ([0058-0059] “number of times a user handset has been used with the system” corresponding to the time measurement and the threshold being met corresponding to the type of message the user receives, e.g. an appropriate salutation).
Regarding claim 9, Vratskides discloses the method of claim 6, further comprising: based on a determination that the cellular device has been checked in past a second time threshold, causing, on the display, a display of a fourth visual indicator associated with the profile on the log, and storing a warning in a status box associated with the cellular device in the log (the claim does not define “time threshold”, Examiner interprets ([0058-0059] “number of times a user handset has been used with the system” corresponding to the time measurement and the threshold being met corresponding to the type of message the user receives, e.g. an appropriate salutation).
Regarding claims 10 and 19, Vratskides discloses:
re-receiving the cellular device in the RF containment space; and re-transmitting the one or more cellular network signals configured to emulate the at least one base station of the telecommunication carrier to cause the cellular device to attempt to connect to a network set up by a base station; in response to the cellular device attempting to re-gain access to the network, re-obtaining device information from the cellular device placed in the RF containment space via the one or more cellular network signal; determining whether the obtained device information matches the identification information for the profile associated with the cellular device; and based on a determination that the obtained device information matches the identification information for the profile associated with the cellular device, stop tracking the duration since the cellular device has been checked in, and updating a check out information entry for the cellular device in the log (the same method occurring in claim 1, with the addition of the determination step determining if the mobile device has been previously registered, [0058] A record could be kept of the number of times the user/user's handset has been used with the system. Furthermore, a profile of the user could be built up attributed to the user by storing all of the extracted information and additional information determined therefrom from each visit).
Regarding claim 11, Vratskides discloses the method of claim 10, further comprising: based on a determination that the obtained device information does not match the identification information for the profile associated with the cellular device, causing, on the display, a warning, and storing the warning in the log ([0058-0059] “number of times a user handset has been used with the system” corresponding to the re-registration, and the threshold being met corresponding to the type of message the user receives, e.g. an appropriate salutation).
Regarding claim 12, Vratskides discloses the method of claim 1, wherein the log comprises at least one of: a list of a total number of cellular devices check in, check in information, check out information, a duration since the cellular device has been checked in, a status box, or a warning box ([0049] In an alternative embodiment, during the registration process of the mobile phone with the femtocell within the enclosure, once the mobile phone has transmitted its MNC and the mobile phone's current home network operator has been determined, this information is used by the femtocell so as to emulate a base station having the parameters necessary in order to correspond to a base station of the user's current network operator.).
Regarding claim 15, Vratskides discloses the method of claim 1, further comprising: identifying networks in an area of interest wherein the one or more cellular network signals are determined based on the identified networks ([0049] his information is used by the femtocell so as to emulate a base station having the parameters necessary in order to correspond to a base station of the user's current network operator) to cause the cellular device to connect to a network set up by the base station ([0049] a network or SIM locked mobile phone would be able to register and connect within the emulated femtocell within the enclosure).
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US PUBLICATION NO. 2012/0094668 (“Vratskides”) in view of US Publication No. 2019/0311562 (“Campbell et al.”) and further in view of US PUBLICATION NO. 2020/0303046 (“Martinez et al.”).
Regarding claim 13, Vratskides discloses the method of claim 2, wherein the profile database and the log are stored ([0053] the database can store further information relevant to the user, such as a record of the number of visits that the customer has made to the enclosure as well as updates of extracted and determined information based on subsequent uses of the system).
Vratskides does not specify the database being cloud server. However, storage of user data in a cloud server is well-known in the art. For example, Martinez et al. discloses [0033] The one or more cloud servers 120 may comprise a profile module 126 that monitors the received CSI-related metadata from a continuous monitoring of a monitored space. The profiles in the profile database 122 may be simple motion versus no-motion determination profiles or a more extensive profile database used for identifying activities, objects, individuals, biometrics, etc. The one or more cloud servers 120 may further comprise a device database 124 that stores device ID of all connected Wi-Fi APs.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Vratskides such that the information is stored at a cloud server for the known benefits of flexibility and remote access.
Regarding claim 14, Vratskides discloses the method of claim 2, further comprising: logging activity associated with profile generation process, activity with a check-in procedure, or check-out procedure in an activity log, and maintaining synchronization of the profile database, the log, and the activity log with a server, wherein the profile database and the log are stored in a local server ([0053] the database can store further information relevant to the user, such as a record of the number of visits that the customer has made to the enclosure as well as updates of extracted and determined information based on subsequent uses of the system).
Vratskides does not specify the database being cloud server. However, storage of user data in a cloud server is well-known in the art. For example, Martinez et al. discloses [0033] The one or more cloud servers 120 may comprise a profile module 126 that monitors the received CSI-related metadata from a continuous monitoring of a monitored space. The profiles in the profile database 122 may be simple motion versus no-motion determination profiles or a more extensive profile database used for identifying activities, objects, individuals, biometrics, etc. The one or more cloud servers 120 may further comprise a device database 124 that stores device ID of all connected Wi-Fi APs.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Vratskides such that the information is stored at a cloud server for the known benefits of flexibility and remote access.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JIRAPON TULOP whose telephone number is (571)270-7491. The examiner can normally be reached Monday to Friday, 10:00AM-6:00PM.
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/JIRAPON TULOP/Examiner, Art Unit 2693
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