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 .
Response to Amendment
In the amendments filed April 1st, 2026, the following has occurred: claims 3-4, 6-7, and 9-11 have been amended; claims 12-20 are new; claims 1-20 remain pending in this application. Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
Response to Arguments
Applicant’s arguments, see Applicant’s Remarks, filed April 1st, 2026, with respect to the rejection under 35 U.S.C. 103 have been fully considered and are persuasive. The rejection of claim 1 has been withdrawn.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the multibeam imaging sonar (claim 1), the Y-port splitter (claim 19), and tethered GPS (claim 19) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 objected to because of the following informalities:
Regarding claim 1:
“a sonar image displayed on the display (sonar display)” should read – a sonar image displayed on the display –
Appropriate 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 § 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 1-2 and 4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9 of copending Application No. 18601793 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other. The claims of the instant application and the claims of the copending application are compared in the table below.
Instant Application (18/601,811)
Copending Application (18/601,793)
1. An underwater handheld computing system comprising:
a display;
at least one hardware processor;
and one or more software modules are configured to, when executed by the at least one hardware processor, receive a selection of a mission marker;
display a diver's position, heading, depth and course history for the selected mission marker on the display;
and interface with a multibeam imaging sonar that uses a 12 degree aperture on a 750k frequency band to improve the resolution and clarity of a sonar image displayed on the display (sonar display), using a narrow beam width that allows for more precise targeting and detection of objects.
1. An underwater handheld computer system comprising:
at least one hardware processor;
and one or more software modules are configured to, when executed by the at least one hardware processor, receive a selection of a mission marker;
display a diver's position, heading, depth and course history for the selected mission marker;
and a sonar display comprising a plurality of sonar color palettes that are used to enhance the visualization of data displayed using the plurality of sonar color palettes.
9. The system of claim 1, wherein the underwater handheld computer system further comprises a multibeam imaging sonar that uses a 12 degree aperture on a 750k frequency band to improve the resolution and clarity of a sonar image displayed on the display, using a narrow beam width that allows for more precise targeting and detection of objects.
2. The system of claim 1, wherein the sonar display comprises a plurality of sonar color palettes.
9. The system of claim 1, wherein the underwater handheld computer system further comprises a multibeam imaging sonar that uses a 12 degree aperture on a 750k frequency band to improve the resolution and clarity of a sonar image displayed on the display, using a narrow beam width that allows for more precise targeting and detection of objects.
4. The system of claim 2, wherein one or more software modules are configured to, when executed by the at least one hardware processor, enhance highlight the visualization of data displayed using the plurality of sonar color palettes.
9. The system of claim 1, wherein the underwater handheld computer system further comprises a multibeam imaging sonar that uses a 12 degree aperture on a 750k frequency band to improve the resolution and clarity of a sonar image displayed on the display, using a narrow beam width that allows for more precise targeting and detection of objects.
Claim 1
Claim 9 of the copending application recites all of the limitations of claim 1 of the instant application.
Claim 2
Claim 9 of the copending application recites the same limitations as claim 2 of the instant application.
Claim 4
Claim 9 of the copending application recites the same limitations as claim 4 of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1 and 9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 23 of U.S. Patent Application 18/601,732 which received a Notice of Allowance on May 26th, 2026. Although the claims at issue are not identical, they are not patentably distinct from each other. The claims of the instant application and the claims of the allowed application are compared in the table below.
Instant Application (18/601,811)
Allowed Application (18/601,732)
1. An underwater handheld computing system comprising:
a display;
at least one hardware processor;
and one or more software modules are configured to, when executed by the at least one hardware processor, receive a selection of a mission marker;
display a diver's position, heading, depth and course history for the selected mission marker on the display;
and interface with a multibeam imaging sonar that uses a 12 degree aperture on a 750k frequency band to improve the resolution and clarity of a sonar image displayed on the display (sonar display), using a narrow beam width that allows for more precise targeting and detection of objects.
1. An underwater handheld computer system comprising:
at least one hardware processor;
a display;
a heads up display configured to mirror data displayed on the display;
and one or more software modules that are configured to, when executed by the at least one hardware processor, receive one or more inputs related to an underwater surveying or location mission;
import data from one or more software applications;
and create a mission file based on the received inputs and the imported data.
15. The underwater handheld computer system of claim 1, wherein the underwater handheld computer is configured to receive a selection of a mission marker and display a diver's position, heading, depth and course history for the selected mission marker.
23. The underwater handheld computer system of claim 15, wherein the underwater handheld computer comprises a multibeam imaging sonar that uses a 12 degree aperture on a 750k frequency band to increase resolution of a sonar image displayed on the display, and to reduce interference during targeting and detection of objects
9. The system of claim 1, wherein the underwater handheld computing system comprises a heads up display to mirror the data displayed on the display.
1. An underwater handheld computer system comprising:
at least one hardware processor;
a display;
a heads up display configured to mirror data displayed on the display;
and one or more software modules that are configured to, when executed by the at least one hardware processor, receive one or more inputs related to an underwater surveying or location mission;
import data from one or more software applications;
and create a mission file based on the received inputs and the imported data.
15. The underwater handheld computer system of claim 1, wherein the underwater handheld computer is configured to receive a selection of a mission marker and display a diver's position, heading, depth and course history for the selected mission marker.
23. The underwater handheld computer system of claim 15, wherein the underwater handheld computer comprises a multibeam imaging sonar that uses a 12 degree aperture on a 750k frequency band to increase resolution of a sonar image displayed on the display, and to reduce interference during targeting and detection of objects
Claim 1
Claim 23 of the allowed application recites all of the limitations of claim 1 of the instant application.
Claim 9
Claim 23 of the allowed application recites all of the limitations of claim 9 of the instant application.
Allowable Subject Matter
Claim 1-20 are allowable over prior art, however stand rejected provisional nonstatutory double patenting rejections (claims 1-2 and 4) as well as nonstatutory double patenting rejections (claims 1 and 9).
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, Basilico discloses an underwater handheld computing system comprising:
a display(Fig. 3 (16));
at least one hardware processor (Fig. 3 (50));
and one or more software modules are configured to, when executed by the at least one hardware processor, receive a selection of a mission marker ([0042], diver unit provides navigation assistance by displaying distance and direction to a specific target which his selected by the user via a scroll wheel and button);
display a diver's position, heading, depth
Basilico fails to teach
Display[ing] a course history
interface with a multibeam imaging sonar that uses a 12 degree aperture on a 750k frequency band to improve the resolution and clarity of a sonar image displayed on the display (sonar display), using a narrow beam width that allows for more precise targeting and detection of objects.
Stokes teaches
display[ing] a course history ([0076], sonar system may incorporate a look-up table that is selectable by a user which includes location/positioning information including previously visited positions/locations).
Basilico, as modified in view of Stokes fails to teach
interface with a multibeam imaging sonar that uses a 12 degree aperture on a 750k frequency band to improve the resolution and clarity of a sonar image displayed on the display (sonar display), using a narrow beam width that allows for more precise targeting and detection of objects.
Bluepoint teaches
interface with a multibeam imaging sonar that uses a 12 degree aperture on a 750k frequency band to improve the resolution and clarity of a sonar image displayed on the display (sonar display), using a narrow beam width that allows for more precise targeting and detection of objects ([pg. 2], Oculus M750d has an operating frequency of 750 kHz and a vertical aperture of either 20 degrees or 12 degrees across 512 beams. However, as noted in Applicant’s Remarks, the Oculus M750d of Bluepoint does not have the required 12 degree aperture being used in conjunction with the 750k frequency mode, rather a 20 degree aperture is used in the 750k mode, whereas the 12 degree aperture is used in a 1.2MHz mode. Therefore Bluepoint fails to teach the required limitation. No other identified prior art teaches the specific aperture and frequency band characteristics either wholly or in part with sufficient motivation to combine).
Claims 2-20 are indicated as containing allowable subject matter due to their respective dependency upon base claim that has been indicated as containing allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER RICHARD WALKER whose telephone number is (571)272-6136. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuqing Xiao can be reached at 571-270-3603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER RICHARD WALKER/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
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