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 .
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 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 non-statutory 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 non-statutory 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 8, 13, 14, 15, 20, and 21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 8, 11, 12, 20, 23, and 24 of U.S. Patent No. 11,997,526 (hereinafter Patent526). Although the conflicting claims are not identical, they are not patentably distinct from each other because some of the limitations in the instant application claims 8 and 15 have been eliminated or modified some words with the same meaning from patent526 claims 8, and 20 as seen in the bold and italic in the tables below. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
Instant application claim 8: Patent526 claim 8:
An apparatus comprising:
An apparatus comprising:
one or more processors; and
one or more processors; and
memory storing processor-executable instructions that, when executed by the one or more processors, cause the apparatus to:
memory storing processor-executable instructions that, when executed by the one or more processors, cause the apparatus to:
determine an indication of a connection error with a first network device via a first network connection;
send, to a first network device, a request to establish a first network connection with the first network device;
send, to a computing device via a second network connection, the indication of the connection error with the first network device;
receive, from the first network device, an indication of a connection error;
determine a characteristic of a second network device has been modified; and
determine that the one or more characteristics of the first network device have been modified; and
send, to a computing device via a second network connection, the indication of the connection error with the first network device, wherein the computing device is configured to modify one or more characteristics of the first network device
establish, based on the modification to the characteristic of the second network device, a connection with the first network device via a third network connection.
establish a third network connection with the first network device.
As to claim 13, this claim is fully disclosed in Patent526 claim 11.
As to claim 14, this claim is fully disclosed in Patent526 claim 12.
Instant application claim 15: Patent526 claim 20:
One or more non-transitory computer-readable media storing processor-
executable instructions that, when executed by at least one processor, cause the at least
one processor to:
One or more non-transitory computer-readable media storing processor-executable instructions that, when executed by at least one processor, cause the at least one processor to:
determine an indication of a connection error with a first network device via a first
network connection;
send, to a first network device, a request to establish a first network connection with the first network device;
send, to a computing device via a second network connection, the indication of the
connection error with the first network device;
receive, from the first network device, an indication of a connection error;
send, to a computing device via a second network connection, the indication of the connection error with the first network device, wherein the computing device is configured to modify one or more characteristics of the first network device;
determine a characteristic of a second network device has been modified; and
determine that the one or more characteristics of the first network device have been modified; and
establish, based on the modification to the characteristic of the second network device, a
connection with the first network device via a third network connection.
establish a third network connection with the first network device.
As to claim 20, this claim is fully disclosed in Patent526 claim 23.
As to claim 21, this claim is fully disclosed in Patent526 claim 24.
Allowable Subject Matter
Claims 9-12 and 16-19 are objected to as being dependent upon a rejected base claims, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 1-7 and 22-28 are allowed.
Response to Arguments
Applicant’s arguments with respect to claims 1-7 and 22-28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHIRIN SAM whose telephone number is (571)272-3082. The examiner can normally be reached Mon - Fri, 10:30am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz R. Sheikh can be reached at (571) 272 - 3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Date: 03/03/2026
/PHIRIN SAM/Primary Examiner, Art Unit 2476