DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Argument
Applicant's arguments, file01/16/26, with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
Claims 4-5 and 12-13 are canceled.
Claims 14-22 are added.
Claims 1-3, 6-11 and 14-22 are pending.
Terminal disclaims filed on 01/16/26 are disapproved. Therefore, the double patenting rejection still maintains.
Correction is required.
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 §§ 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3, 6-11 and 14-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 10606451. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. 10606451 with obvious wording variations.
Instant Application
U.S. 10606451
1. A method of tracking and updating a location of a movable electronic device that includes a wireless interface for interaction with portable wireless mobile devices of users, the method comprising:
reducing an update interval of time for the movable electronic device based on a reduced time-average interval between observed node location changes; and
only when the update interval has elapsed,
(i) opportunistically interrogating a portable wireless mobile device of a user, via the wireless interface, for local GPS coordinates of the portable wireless mobile device only upon occurrence of a proximity event when the portable wireless mobile device is moved into proximity with the mobile electronic device, and (ii) electronically communicating the local GPS coordinates to a location server as the location of the movable electronic device.
1. A server for managing locations of movable electronic devices, the server comprising: a processor; a network interface for communicating with movable electronic devices that are incapable of receiving GPS signals; a location database comprising records each specifying a movable electronic device and its location; a computer memory storing instructions for execution by the processor, the instructions, when executed,
(i) determining update intervals for movable electronic devices,
(ii) in accordance with each determined update interval, instructing a movable electronic device to (a) interrogate a portable wireless mobile device for GPS coordinates only upon occurrence of a proximity event when the portable wireless mobile device is moved into proximity to the movable electronic device, and (b) report the GPS coordinates as a location of the movable electronic device, and (iii) storing the reported location in the location database.
Both sets of claims features of the instant application (2-3, 6-11 and 14-22) and U.S. 10606451 (claims 1-16) can be compared by using the table as shown above.
Claims 11-3, 6-11 and 14-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 9846525. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. 9846525 with obvious wording variations.
Instant Application
U.S. 9846525
1. A method of tracking and updating a location of a movable electronic device that includes a wireless interface for interaction with portable wireless mobile devices of users, the method comprising:
reducing an update interval of time for the movable electronic device based on a reduced time-average interval between observed node location changes; and
only when the update interval has elapsed,
(i) opportunistically interrogating a portable wireless mobile device of a user, via the wireless interface, for local GPS coordinates of the portable wireless mobile device only upon occurrence of a proximity event when the portable wireless mobile device is moved into proximity with the mobile electronic device, and (ii) electronically communicating the local GPS coordinates to a location server as the location of the movable electronic device.
1. A method of tracking and updating a location of a movable device including a wireless interface for interaction with a plurality of portable wireless mobile devices of one or more users, the method comprising the steps of:
establishing an update interval for the movable device corresponding to an adaptive time period based on a frequency with which the location of the movable device changes; and
only if an elapsed time since an immediately preceding location update for the movable device exceeds the update interval: (A) opportunistically triggering a communication session between a portable wireless mobile device and the movable device via the wireless interface only upon occurrence of a proximity event when the portable wireless mobile device is moved into proximity to the movable device; (B) computationally executing an agent program on the movable device automatically upon occurrence of the proximity event; (C) interrogating, by the agent program via the wireless interface during the session, the portable wireless mobile device for local GPS coordinates of the portable wireless mobile device and obtained by a GPS chipset of the portable wireless mobile device; (D) reporting the local GPS coordinates as a location of the movable device; and (E) storing the reported location in a location database of movable devices.
Both sets of claims features of the instant application (claims 2-3, 6-11 and 14-22) and U.S. 9846525 (claims 1-20) can be compared by using the table as shown above.
Allowable Subject Matter
Claims 1-3, 6-11 and 14-22 are allowed.
The following is an examiner’s statement of reasons for allowed:
Please see the reason cited, on page 6 of the remarks, by applicant filed on 01/16/26.
Claims 1-3, 6-11 and 14-22 are not allowed if it would not overcome the double patenting rejection.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAI PHUONG whose telephone number is 571-272-7896. The examiner can normally be reached on Monday-Friday, 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kathy Wang-Hurst can be reached on 571-270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-7687.
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/DAI PHUONG/Primary Examiner, Art Unit 2644