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 Arguments
Applicant’s arguments, filed 08/03/2026, with respect to claims 1-5, 7-12, and 21 have been fully considered and are persuasive. The rejection of the claims has been withdrawn and an indication of allowance is detailed below.
Applicant's arguments with respect to claims 13-20 have been fully considered but they are not persuasive. Applicant’s amendments to the claims overcome the prior art rejection, however, claim 13 remains rejected on the ground of nonstatutory obviousness-type double patenting which is detailed below.
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 obviousness-type 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); 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 13-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable with respect to claims 5-8 of US Patent 11,540,245 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in US Patent 11,540,245 B2 with obvious wording variations. Take an example of comparing claim 13 of pending application and claims 5 & 6 of US Patent 11,540,245 B2:
Pending Application 17/097,944
US Patent 11,540,245 B2
A home appliance configured to be registered in a server, comprising
(claim 5) A home appliance configured to be registered in a server, comprising
a wireless fidelity (Wi-Fi) module
(claim 5) a Wi-Fi module having a virtual interface
a controller configured to, based on the home appliance not being registered in a server, (i) control the Wi-Fi module to search for a pre-registered home appliance transmitting a beacon signal
(claim 5) a controller configured, based on the home appliance not being registered in a server, to control the Wi-Fi module to search for a registered home appliance transmitting a beacon signal
control the Wi-Fi module to connect to the pre-registered home appliance and receive access point (AP) information from the pre-registered home appliance
(claim 5) the controller is configured to: control …the Wi-Fi module to attempt communication connection to the searched registered home appliance
(claim 6) based on the Wi-Fi module receiving information regarding AP connected to the registered home appliance from the communicatively-connected registered home appliance …the Wi-Fi module to attempt the connection with the AP through the virtual interface based on the received AP information
(here, the combination of claim 5 & 6 teaches the Wi-Fi module attempting and successfully connecting to a registered home appliance and receiving AP information)
wherein the home appliance comprises a memory storing a list of a plurality of preset hidden service set identifiers (SSIDs)
(claim 5) a preset hidden SSID stored in a list (here, a stored list would inherently be stored in some form of memory)
wherein a hidden SSID of the pre-registered home appliance matches a preset hidden SSID stored in the list
(claim 5) control, based on the controller determined that the hidden SSID of the searched registered home appliance matches the preset hidden SSID stored in the list
Allowable Subject Matter
Claims 1-5, 7-12, and 21 are allowed.
The following is an examiner’s statement of reasons for allowance: With respect to claim 1, the limitations “wherein the unregistered home appliance…stor[es] a list of a plurality of preset hidden service set identifiers (SSIDs)” and “based on the unregistered home appliance not being registered in the server, control the Wi-Fi module to search for the pre-registered home appliance transmitting the beacon signal and determine whether a hidden SSID included in the beacon signal of the searched pre-registered home appliance matches a preset hidden SSID stored in the list” in combination with the remaining limitations of the claim is not found in the prior art, therefore, claim 1 is allowed. Claim 21 recites similar limitations as those of claim 1, therefore, claim 21 is allowed for similar reasons as stated above. Claims 2-5 and 7-12 depend from an allowed base claim, therefore, claims 2-5 and 7-12 are allowed.
Claims 14-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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 BRIAN P COX whose telephone number is (571)272-2728. The examiner can normally be reached Monday-Friday 8:00AM-4PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached at 5712722832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN P COX/ Primary Examiner, Art Unit 2474
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