Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 12,033,279. Although the claims at issue are not identical, they are not patentably distinct from each other because they’re broader than each other in every way.
Instant Application
Patent 12,033,279
1. (Currently Amended) A non-transitory computer-readable medium containing program instructions stored on a memory thereon that when executed by at least one processor, cause the at least one processor to perform operations comprising:
1. A non-transitory computer-readable medium containing program instructions stored on a memory thereon that when executed by at least one processor, cause the at least one processor to perform operations comprising:
causing display of a representation of a geographical area comprising a first surface depicted at a non-topographical level of the geographical area and a second surface depicted at a different non-topographical level of the geographical area;
causing display of a representation of a geographical area comprising a first surface depicted at a non-topographical level of the geographical area and a second surface depicted at a different non-topographical level of the geographical area;
causing display of a third surface in the geographical area between the first surface and the second surface, wherein the third surface is different from the first surface and the second surface; and
causing display of a third surface in the geographical area between the first surface and the second surface, wherein the third surface is different from the first surface and the second surface;
and causing display of image data on the third surface that comprises real-time images from a location depicted by at least one of the first surface or the second surface, wherein the image data is received from a[[n]] satellite imaging device.
and causing display of image data on the third surface that comprises real-time images from a location depicted by at least one of the first surface or the second surface, wherein the image data is received from an imaging device located in proximity to the location.
Instant Application
1
2
3
4
5
6
7
8
9
10
Patent 12,033,279
1
2 & 3
3
4
5
6
7
8
9 & 10
10
Instant Application
11
12
13
14
15
16
17
18
19
20
Patent 12,033,279
11
12
13
14
15
16 & 17
17
18
19
20
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J CRADDOCK whose telephone number is (571)270-7502. The examiner can normally be reached Monday - Friday 10:00 AM - 6 PM EST.
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/ROBERT J CRADDOCK/Primary Examiner, Art Unit 2618