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 . The instant application with Application Number 18/604,144 filed on 03/13/2024 is presented for examination. Claims 1-15 are pending.
Information Disclosure Statment
The Information Disclosure Statements dated 03/13/2024 and 05/27/2026 are acknowledged and the cited references have been considered in this examination.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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).
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Claim 1 is rejected on the ground of non-statutory double patenting over claim 1 of U.S. Patent No. US 12,684,210 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: an electronic apparatus comprising: a first thermometer that detects a first temperature corresponding to an ambient temperature of an environment in which the electronic apparatus is used; a second thermometer that detects a second temperature corresponding to a temperature of an outer casing of the electronic apparatus. The patented application anticipates the instant application claimed.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Claim 1 of instant application: 18/604,144
Claim 1 of paten’d application US 12,684,210
An electronic apparatus comprising: a first thermometer that detects a first temperature corresponding to an ambient temperature of an environment in which the electronic apparatus is used; a second thermometer that detects a second temperature corresponding to a temperature of an outer casing of the electronic apparatus; a processor; and a memory storing a program that, when executed by the processor, causes the electronic apparatus to function as: a charging unit that executes charging processing for charging a battery; and a control unit that performs control to obtain an estimated ambient temperature by estimating an ambient temperature based on the first temperature, and restrict an operation of the electronic apparatus when the second temperature has reached a threshold that has been set based on the estimated ambient temperature, wherein the control unit obtains the estimated ambient temperature using a first method when the charging processing has been executed in a state where the electronic apparatus is not activated, and obtains the estimated ambient temperature using a second method when the charging processing has not been executed in the state where the electronic apparatus is not activated.
An electronic apparatus comprising: a first thermometer; a second thermometer, wherein the first thermometer and the second thermometer are arranged such that a change over time of a difference between a first measurement obtained by the first thermometer and a second measurement obtained by the second thermometer satisfies a specific condition; a CPU; a memory that stores a program for, when the program is executed by the CPU, causing the electronic apparatus to function as: a control unit that executes control for restricting a function of the electronic apparatus in response to a temperature of a housing of the electronic apparatus exceeding a threshold, wherein the control unit estimates an ambient temperature based on the first measurement, the second measurement, and the specific condition and sets the threshold based on the estimated ambient temperature, and wherein the control unit sets a second value obtained by adding a predetermined value to the estimated ambient temperature as the threshold.
Claims 2-13 of the instant application are dependent on rejected instant claim 1 above; hence rejected, at least, for their dependency on rejected claim 1.
Claim 14 is rejected on the ground of non-statutory double patenting over claim 13 of U.S. Patent No. US 12,684,210 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: a method of controlling an electronic apparatus, wherein the electronic apparatus comprises: a first thermometer; and a second thermometer; wherein the first thermometer and the second thermometer are arranged such that a change over time of a difference between a first measurement obtained by the first thermometer and a second measurement obtained by the second thermometer satisfies a specific condition. The patented application anticipates the instant application claimed.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Claim 14 of instant application: 18/604,144
Claim 13 of paten’d application US 12,684,210
A control method for an electronic apparatus, wherein the electronic apparatus comprises: a first thermometer that detects a first temperature corresponding to an ambient temperature of an environment in which the electronic apparatus is used; a second thermometer that detects a second temperature corresponding to a temperature of an outer casing of the electronic apparatus; and a charging unit that executes charging processing for charging a battery, wherein the control method comprises: performing control to obtain an estimated ambient temperature by estimating an ambient temperature based on the first temperature, and restrict an operation of the electronic apparatus when the second temperature has reached a threshold that has been set based on the estimated ambient temperature, in the controlling, the estimated ambient temperature is obtained using a first method when the charging processing has been executed in a state where the electronic apparatus is not activated, and the estimated ambient temperature is obtained using a second method when the charging processing has not been executed in the state where the electronic apparatus is not activated.
A method of controlling an electronic apparatus, wherein the electronic apparatus comprises: a first thermometer; and a second thermometer; wherein the first thermometer and the second thermometer are arranged such that a change over time of a difference between a first measurement obtained by the first thermometer and a second measurement obtained by the second thermometer satisfies a specific condition; the method comprising: executing control for restricting a function of the electronic apparatus in response to a temperature of a housing of the electronic apparatus exceeding a threshold, wherein the executing control includes estimating an ambient temperature based on the first measurement, the second measurement, and the specific condition, setting the threshold based on the estimated ambient temperature, wherein the setting sets a second value obtained by adding a predetermined value to the estimated ambient temperature as the threshold.
Claim 15 of the instant application is somewhat similar in limitations to claim 14 of the same instant application; hence rejected the same.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YALKEW FANTU whose telephone number is (571)272-8928. The examiner can normally be reached Monday-Friday 7:00AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DREW A DUNN can be reached at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YALKEW FANTU/Primary Examiner, Art Unit 2859
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