DETAILED ACTION
This action is in response to applicant’s amendment filed on 14 March 2024. Claims 1-20 are now pending in the present application. This action is made Non-Final.
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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on
14 March 2024
is in compliance with the provisions of 37 CFR 1.97 and is being considered by the examiner.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,962,392 B2 (Zavesky et al.; application no. 17/243,796; Applicant Related Art; hereinafter ARA ‘392). Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant application and the US patent ARA ‘392 claim the same subject matter. The common subject matter is synchronized satellite communications.
Regarding claims 1, 8, and 15, ARA ‘392 discloses a system comprising: a processor; and a memory that stores computer-executable instructions that, when executed by the processor, cause the processor to perform operations comprising: determining a geographic location of a requesting device and locations of a plurality of satellites at a time that the requesting device will receive data; identifying, based on the geographic location of the requesting device and the locations of the plurality of satellites, satellites that will provide the data to the requesting device; and providing instructions to at least one of the satellites, wherein the instructions comprise satellite network requirements for the satellites to provide the data { (drawn to features - see claims 1, 8, & 15, respectively) }.
Regarding claims 2, 9, and 16, ARA ‘392 discloses the system of claim 1, wherein the computer-executable instructions, when executed by the processor, cause the processor to perform further operations comprising: determining if changes should be made to the satellites that will provide the data to the requesting device; and in response to a determination that the changes should be made, updating the geographic location of the requesting device and the locations of the satellites, and
identifying the satellites based on an updated geographic location and updated locations { (drawn to features - see claims 2, 9, & 16, respectively) }.
Regarding claim 3, 10, and 17, ARA ‘392 discloses the system of claim 1, wherein the computer-executable instructions, when executed by the processor, cause the processor to perform operations further comprising: determining if a data transfer by the satellites to the requesting device has been completed; and in response to a determination that the data transfer has not been completed, again identifying the satellites { (drawn to features - see claims 3, 10, & 17, respectively) }.
Regarding claims 4, 11-12, and 18, ARA ‘392 discloses the system of claim 1, wherein the instructions define how the data is to be divided into data portions for delivery by the satellites and the time at which each data portion is to be delivered, wherein a first satellite delivers a first of the data portions to the requesting device at the time, and wherein a second satellite delivers a second of the data portions to the requesting device at the time { (drawn to features - see claims 4, 11-12, & 18) }.
Regarding claims 5, 13, and 19 ARA ‘392 discloses the system of claim 1, wherein the data comprises a first instance of the data intended for the requesting device and a second instance of data intended for another device, wherein a first satellite delivers the first instance of the data to the requesting device at the time, and wherein a second satellite delivers the second instance of data to the another device at the time
{ (drawn to features - see claim 5, 13, & 19, respectively) }.
Regarding claim 6, ARA ‘392 discloses the system of claim 5, the first instance of the data comprises a first token that is unique to the requesting device, and wherein the second instance of data comprises a second token that is unique to the another device { (drawn to features - see claim 6) }.
Regarding claims 7, 14, and 20, ARA ‘392 discloses the system of claim 1, wherein a first satellite delivers the data to the requesting device at the time, and wherein a second satellite delivers the data to another device at the time { (drawn to features - see claims 7, 14, & 20, respectively) }.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIE J DANIEL JR whose telephone number is (571)272-7907. The examiner can normally be reached on 9 - 6.
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/WILLIE J DANIEL JR/Primary Examiner, Art Unit 2465
WJD,Jr
20 March 2026
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