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 .
Claims 46 – 55, 57, and 60 – 68 are pending.
Response to Arguments
Applicant’s arguments have been considered but are moot in view the new ground of rejection (Double Patenting). See the table for comparison of the conflicting claims between the applications.
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 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 57, 60, 61, 62, 63, 64, and 65 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims (46+56+59), 47, 48, 49, 50, 51, 52, 53, 54, 55, 57, 60, 61, 62, 63, 64, and 65, respectively of copending Application No. 17/966,126. Although the claims at issue are not identical (see the arrangement of the elements of the copending Application No. 17/966,126 comprising a sensor unit comprising a sensor, since in the current application, a sensor is a separate element from the sensor unit), they are not patentably distinct from each other because they encompass substantially similar subject matter.
The following table is presented for the purpose of a comparison of the conflicting claims between the applications.
Application No. 18/600,641
Application No. 17/966,126
Claim 46
Claim 46 + 56 + 59
A pest monitoring system, comprising:
a sensor configured to measure a change in fringe capacitance; and
a sensor unit including:
a housing including a power source;
at least one microprocessor; a non-volatile memory;
a transceiver;
a clock; and
a connector operatively connected to the sensor;
wherein the pest monitoring system is disposed in a mesh topology; and
wherein the sensor unit is configured to wirelessly feed data to at least one node disposed in the mesh topology.
A pest monitoring system, comprising a sensor unit, the sensor unit including:
a sensor configured to measure a change in fringe capacitance;
a housing including a power source;
at least one microprocessor; a non-volatile memory;
a transceiver;
a clock; and
a connector operatively connected to the sensor;
wherein the sensor unit is programmed to manage power usage.
Claim 56: wherein the pest monitoring system is disposed in at least one of a mesh topology and a wireless network
Claim 59: wherein the pest monitoring system is configured to feed data to a central node
Claim 47
Claim 47
wherein: the sensor includes a plurality of conductors including: an electrically conductive sensor conductor; and two electrically conductive un-grounded conductors disposed on opposing sides of the sensor conductor to form a triplet; the plurality of conductors are supported on an un-grounded conductive substrate, which is electrically isolated from the plurality of conductors; and each conductor of the plurality of conductors has a width and a thickness, and is disposed spaced apart from other conductors of the plurality of conductors by a distance such that the sensor is tuned to at least one of detect and identify a given animal.
wherein: the sensor includes a plurality of conductors including: an electrically conductive sensor conductor; and two electrically conductive un-grounded conductors disposed on opposing sides of the sensor conductor to form a triplet; the plurality of conductors are supported on an un-grounded conductive substrate, which is electrically isolated from the plurality of conductors; and each conductor of the plurality of conductors has a width and a thickness, and is disposed spaced apart from other conductors of the plurality of conductors by a distance such that the sensor is tuned to at least one of detect and identify a given animal.
Claim 48
Claim 48
wherein: the sensor conductor includes copper; and the two un-grounded conductors include at least one of copper and aluminium.
wherein: the sensor conductor includes copper; and the two un-grounded conductors include at least one of copper and aluminium.
Claim 49
Claim 49
wherein the un-grounded conductive substrate is electrically isolated via at least one of a plastics layer and a coating.
wherein the un-grounded conductive substrate is electrically isolated via at least one of a plastics layer and a coating.
Claim 50
Claim 50
wherein: the sensor is structured as an elongated strip; and the plurality of conductors extend along the elongated strip and are disposed substantially parallel to one another.
wherein: the sensor is structured as an elongated strip; and the plurality of conductors extend along the elongated strip and are disposed substantially parallel to one another.
Claim 51
Claim 51
wherein: the sensor conductor and one of the two un-grounded conductors define a conductor pair; at least one conductor of the conductor pair is electrically chargeable; each conductor of the conductor pair has an edge about which a fringe field is generatable, the fringe field extending both between and above the conductors of the conductor pair; the fringe field is tuned to at least one of detect and identify a targeted animal when the targeted animal interferes with the fringe field; and the fringe field is determined by a selection of: a material, the width, and the thickness of each conductor of the conductor pair; a distance between the conductors of the conductor pair; and a charge exerted upon the conductor pair.
wherein: the sensor conductor and one of the two un-grounded conductors define a conductor pair; at least one conductor of the conductor pair is electrically chargeable; each conductor of the conductor pair has an edge about which a fringe field is generatable, the fringe field extending both between and above the conductors of the conductor pair; the fringe field is tuned to at least one of detect and identify a targeted animal when the targeted animal interferes with the fringe field; and the fringe field is determined by a selection of: a material, the width, and the thickness of each conductor of the conductor pair; a distance between the conductors of the conductor pair; and a charge exerted upon the conductor pair.
Claim 52
Claim 52
further comprising a camera.
further comprising a camera.
Claim 53
Claim 53
wherein the sensor unit further includes an inductive coil for battery charging.
wherein the sensor unit further includes an inductive coil for battery charging.
Claim 54
Claim 54
wherein the at least one microprocessor is programmed to continuously recalibrate a baseline capacitance.
wherein the at least one microprocessor is programmed to continuously recalibrate a baseline capacitance.
Claim 55
Claim 55
further comprising at least one of trap and a bait station, wherein the sensor unit is disposed at least one of in and under the at least one of the trap and the bait station.
further comprising at least one of trap and a bait station, wherein the sensor unit is disposed at least one of in and under the at least one of the trap and the bait station.
Claim 57
Claim 57
wherein the pest monitoring system is configured to communicate via radiofrequency.
wherein the pest monitoring system is configured to communicate via radiofrequency.
Claim 60
Claim 60
wherein the pest monitoring system is interrogatable via a mobile device.
wherein the pest monitoring system is interrogatable via a mobile device.
Claim 61
Claim 61
wherein the sensor is structured as an elongated strip.
wherein the sensor is structured as an elongated strip.
Claim 62
Claim 62
wherein the sensor is flat, flexible, and encased in a plastic
wherein the sensor is flat, flexible, and encased in a plastic.
Claim 63
Claim 63
further comprising a plurality of sensor units including the sensor unit, wherein: the plurality of sensor units are disposed in a mesh topology; and the mesh topology is configured to self-heal when a link connecting two of the plurality of sensor units to one another becomes lost.
further comprising a plurality of sensor units including the sensor unit, wherein: the plurality of sensor units are disposed in a mesh topology; and the mesh topology is configured to self-heal when a link connecting two of the plurality of sensor units to one another becomes lost. Reply to Office Action of June 8, 2023
Claim 64
Claim 64
wherein each of the plurality of sensor units is operatively connected to a central node and is configured to feed data to the central node.
wherein each of the plurality of sensor units is operatively connected to a central node and is configured to feed data to the central node.
Claim 65
Claim 65
wherein: a first sensor unit of the plurality of sensor units is operatively connected to a second sensor unit of the plurality of sensor units; and the first sensor unit is operatively connected to the central node indirectly via the second sensor unit
wherein: a first sensor unit of the plurality of sensor units is operatively connected to a second sensor unit of the plurality of sensor units; and the first sensor unit is operatively connected to the central node indirectly via the second sensor unit
Comments
The prior art of record found as a result of the search, does not teach alone or in combination all of the elements recited in claim 45. Therefore, no prior art rejection for claim 45 is presented in this action. However, Claims 46 – 55, 57, and 60 – 68 are provisionally rejected on the ground of nonstatutory double patenting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bonemberg et al. (US 2020/0408569 A1) teaches a sensor device, comprising: a first electrode; a first signal generation device configured to apply an electrical signal to the first electrode such that the first electrode emits a first electrical field; a second electrode located at a first distance from the first electrode and configured to pick up the first electrical field (see claim 1).
Mikami (US 2019/0324073 A1) discloses a capacitive sensor comprising: a sensor head; and a capacitance measurement unit, wherein the sensor head includes: a sheet-shaped base material; a first conducting layer disposed on one surface of the base material; and a second conducting layer disposed on another surface of the base material, the second conducting layer positioned opposing to the first conducting layer in alignment with the first conducting layer (see claim 1).
Reime (US 2011/0095771 A1) suggests a device for capacitive detection of an object such as a post, a line or a finger which is arranged behind a flat article that is transparent to electromagnetic radiation, the device comprising: a sensor which comprises sensor electrodes for at least one of the detection of the object or for the detection of relative movements between the sensor and at least one of the flat article or the finger, and a control circuit for controlling the sensor electrodes (see claim 1).
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 GIOVANNI ASTACIO-OQUENDO whose telephone number is (571)270-5724. The examiner can normally be reached Monday - Friday, 8:00am - 5:00pm.
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/GIOVANNI ASTACIO-OQUENDO/Primary Examiner, Art Unit 2858 7/26/2025