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 .
This office action is in response to the application serial number 18/769,517 filed on 07/11/2024.
Claims 1-11, 12-18, 19-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/11/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 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 § 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.
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. claim 1 of U.S. Patent No. : US 12063185 . Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 19 of the application serial number 18769517
Claim 1 of U.S. Patent No. claim 1 of U.S. Patent No. : US 12063185
a plurality of full duplex transceiver assemblies comprising a first full duplex transceiver assembly and a second full duplex transceiver assembly each having a microprocessor configured to emit a stream of data; and an expansion board assembly having a microprocessor configured to emit a stream of data, wherein the first full duplex transceiver assembly further comprises a mechanism electrically connected to the microprocessor of the first full duplex transceiver assembly, wherein the mechanism is configured to cause a predetermined bit or bits to be inserted into the stream of data of the first full duplex transceiver assembly in order to cause a signal including the stream of data of the expansion board assembly to be repeated, thereby allowing a user of the first full duplex transceiver assembly to communicate with a user of the second full duplex transceiver assembly among a plurality of different channels, even when the first and second full duplex transceiver assemblies are physically out of range to communicate directly with one another.
A communication system comprising: a number of full duplex transceiver assemblies comprising a first full duplex transceiver assembly and a plurality of full duplex transceiver assemblies, the plurality of full duplex transceiver assemblies each having a microprocessor configured to emit a stream of data, thereby allowing the plurality of full duplex transceiver assemblies to communicate among a plurality of different channels, the plurality of full duplex transceiver assemblies comprising a second full duplex transceiver assembly, a third full duplex transceiver assembly, and a fourth full duplex transceiver assembly, wherein the first full duplex transceiver assembly is configured to emit a stream of data having a predetermined bit or bits inserted into a predetermined bit space or bit spaces thereof in order to cause a signal including the stream of data of the second full duplex transceiver assembly to be repeated, thereby allowing a user of the third full duplex transceiver assembly to communicate with a user of the fourth full duplex transceiver assembly among the plurality of different channels, even when the third and fourth full duplex transceiver assemblies are physically out of range to communicate directly with one another)
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. : US 12063185 in view of Qu et al. ( US 20170118003, hereinafter, Qu’s 003 ).
Regarding to the claim 20, claim 1 of U.S. Patent No. : US 12063185 discloses the limitations of the claim 19 above.
However, claim 1 of U.S. Patent No. : US 12063185 does not disclose two way radio.
Qu’s 003, from the same or similar fields of endeavor, teaches being configured for use with a first two-way radio and a second two-way radio, wherein the expansion board assembly comprises a plurality of electrical connectors and a printed circuit board, wherein the microprocessor of the expansion board assembly is provided on the printed circuit board, and wherein each of the electrical connectors is electrically connected to the printed circuit board and is configured to be electrically connected to a corresponding one of the first two-way radio and the second two-way radio [see Figure 5 and Paragraph 0092] ( a radio coupling mechanism 108 is operatively connected to the circuit board 500. The radio coupling mechanism 108 is configured to enable operational coupling of the assembly 100 to a two-way radio 202. The two-way radio 202 may include a port having multiple connectors and protrusions designed to mate with the radio coupling mechanism 108. In some embodiments, a second transistor operatively attaches to the circuit board 500 and electrically couples to the radio coupling mechanism 108. The second transistor electrically couples to the two-way radio 202 through the radio coupling mechanism 108) .
Thus, it would have been obvious to one of ordinary skill in the art to modify the system of claim 1 of U.S. Patent No. : US 12063185 in view of Qu’s 003 because Qu’s 003 suggests that an improved communication system, full duplex transceiver assembly and full duplex transceiver amplifier assembly.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. : US 12063185 in view of Qu et al. ( US 20170118003, hereinafter, Qu’s 003 ).
Regarding to the claim 1, claim 1 of U.S. Patent No. : US 12063185 teaches a communication system for use with a first two-way radio and a second two-way radio, the communication system comprising: a number of full duplex transceiver assemblies comprising a first full duplex transceiver assembly having a microprocessor and a mechanism electrically connected to the microprocessor, the microprocessor being configured to emit a stream of data ( A communication system comprising: a number of full duplex transceiver assemblies comprising a first full duplex transceiver assembly and a plurality of full duplex transceiver assemblies, the plurality of full duplex transceiver assemblies each having a microprocessor configured to emit a stream of data, thereby allowing the plurality of full duplex transceiver assemblies to communicate among a plurality of different channels, the plurality of full duplex transceiver assemblies comprising a second full duplex transceiver assembly, a third full duplex transceiver assembly, and a fourth full duplex transceiver assembly, wherein the first full duplex transceiver assembly is configured to emit a stream of data having a predetermined bit or bits inserted into a predetermined bit space or bit spaces thereof in order to cause a signal including the stream of data of the second full duplex transceiver assembly to be repeated, thereby allowing a user of the third full duplex transceiver assembly to communicate with a user of the fourth full duplex transceiver assembly among the plurality of different channels, even when the third and fourth full duplex transceiver assemblies are physically out of range to communicate directly with one another) ;
wherein the mechanism is configured to cause a predetermined bit or bits to be inserted into the stream of data, thereby automatically causing: 1) a closure of the first circuit to be remotely activated, and 2) communication to be passed between a user of the first full duplex transceiver assembly and a user of the first radio [see the claim 1] .
However, claim 1 of U.S. Patent No. : US 12063185 does not explicitly teach two- way radio.
Qu’s 003, from the same or similar fields of endeavor, teaches an expansion board assembly comprising a printed circuit board and a plurality of electrical connectors, wherein the printed circuit board has a first circuit and a second circuit, wherein each of the electrical connectors is electrically connected to the printed circuit board and is configured to be electrically connected to a corresponding one of the first two-way radio and the second two- way radio [see Figure 5 and Paragraph 0092] ( a radio coupling mechanism 108 is operatively connected to the circuit board 500. The radio coupling mechanism 108 is configured to enable operational coupling of the assembly 100 to a two-way radio 202. The two-way radio 202 may include a port having multiple connectors and protrusions designed to mate with the radio coupling mechanism 108. In some embodiments, a second transistor operatively attaches to the circuit board 500 and electrically couples to the radio coupling mechanism 108. The second transistor electrically couples to the two-way radio 202 through the radio coupling mechanism 108) .
Thus, it would have been obvious to one of ordinary skill in the art to modify the system of claim 1 of U.S. Patent No. : US 12063185 in view of Qu’s 003 because Qu’s 003 suggests that an improved communication system, full duplex transceiver assembly and full duplex transceiver amplifier assembly.
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. : US 12063185 . Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding to the claim 8, claim 1 of U.S. Patent No. : US 12063185 discloses wherein the first circuit is the same as the second circuit.
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. : US 12063185 . Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding to the claim 10, claim 1 of U.S. Patent No. : US 12063185 discloses wherein the first circuit is the same as the second circuit.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. : US 12063185 . Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding to the claim 11, claim 1 of U.S. Patent No. : US 12063185 discloses wherein the mechanism is a button
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 11652503. Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding to the claim 13, claim 10 of U.S. Patent No. 11652503 discloses wherein the first full duplex transceiver assembly further comprises a mechanism electrically connected to the microprocessor, wherein the first full duplex transceiver assembly is configured to communicate on at least a first channel and a second channel, wherein, while the microprocessor is emitting the stream of data and the first full duplex transceiver assembly is on the first channel, the printed circuit board of the expansion board assembly is configured to allow the audio from the users of each of the first two- way radio and the second two-way radio to be passed to the user of the first full duplex transceiver assembly at the same time, as well as allow audio to be passed from the user of the first full duplex transceiver assembly to the user of the first two-way radio, while preventing audio from being passed from the user of the first full duplex transceiver assembly to the user of the second two- way radio (10. A communication system comprising: a full duplex transceiver amplifier assembly comprising: a housing, a microphone coupled to the housing, a printed circuit board coupled to and disposed within the housing, the printed circuit board comprising a transceiver having a microprocessor, and an amplifier, and a speaker electrically connected to the printed circuit board, the amplifier being electrically connected to the microphone, the speaker and the transceiver, wherein the microprocessor is configured to emit a delayed controlling stream of data, and a number of full duplex transceiver assemblies each configured to be worn by a different user, each of the number of full duplex transceiver assemblies comprising a housing and printed circuit board coupled to the housing, the printed circuit board comprising a transceiver having a microprocessor, each microprocessor of the number of full duplex transceiver assemblies being configured to emit a different stream of controlling data, wherein the full duplex transceiver amplifier assembly further comprises an automatic gain controller coupled to the housing of the full duplex transceiver amplifier assembly, and wherein, responsive to an audio level proximate one of the plurality of full duplex transceiver assemblies rising above a predetermined value, the automatic gain controller moves the full duplex transceiver amplifier assembly from a TRANSMIT state to a RECEIVE state, thereby preventing audio from passing from the full duplex transceiver amplifier assembly to the one of the plurality of full duplex transceiver assemblies.)
Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. : US 12063185 . Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding the claim 16, claim 1 of U.S. Patent No. : US 12063185 discloses wherein the number of full duplex transceiver assemblies further comprises a second full duplex transceiver assembly configured the same as the first full duplex transceiver assembly, wherein the expansion board assembly further comprises a microprocessor provided on the printed circuit board and configured to emit a stream of data, wherein the first full duplex transceiver assembly further comprises a mechanism electrically connected to the microprocessor of the first full duplex transceiver assembly, wherein the mechanism is configured to cause a predetermined bit or bits to be inserted into the stream of data of the first full duplex transceiver assembly in order to cause a signal including the stream of data of the expansion board assembly to be repeated, thereby allowing a user of the first full duplex transceiver assembly to communicate with a user of the second full duplex transceiver assembly among a plurality of different channels, even when the first and second full duplex transceiver assemblies are physically out of range to communicate directly with one another.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 12, 14, 15, 17, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benefield ( US 20200280829, hereinafter, Benefield’s 829 ) in view of Qu et al. ( US 20170118003, hereinafter, Qu’s 003 ).
Regarding to the claim 12, Benefield’s 829 teaches a number of full duplex transceiver assemblies comprising a first full duplex transceiver assembly having a microprocessor configured to emit a stream of data ( a number of full duplex transceiver assemblies comprising a first full duplex transceiver assembly having a microprocessor configured to emit a stream of data ) [see Figure 4 and Figure 3 and Paragraph 0039 ];
wherein, while the microprocessor is emitting the stream of data, the first and second circuits of the printed circuit board of the expansion board assembly are configured to allow audio from users of each of the first radio and the second radio to be passed to a user of the first full duplex transceiver assembly at the same time [see Figure 4 and Figure 3 and Paragraph 0039 ].
However, Benefield’s 829 does not explicitly teach two-way radio.
Qu’s 003, from the same or similar fields of endeavor, teaches an expansion board assembly comprising a printed circuit board and a plurality of electrical connectors, wherein the printed circuit board has a first circuit and a second circuit, wherein each of the electrical connectors is electrically connected to the printed circuit board and is configured to be electrically connected to a corresponding one of the first two-way radio and the second two- way radio [see Figure 5 and Paragraph 0092] ( a radio coupling mechanism 108 is operatively connected to the circuit board 500. The radio coupling mechanism 108 is configured to enable operational coupling of the assembly 100 to a two-way radio 202. The two-way radio 202 may include a port having multiple connectors and protrusions designed to mate with the radio coupling mechanism 108. In some embodiments, a second transistor operatively attaches to the circuit board 500 and electrically couples to the radio coupling mechanism 108. The second transistor electrically couples to the two-way radio 202 through the radio coupling mechanism 108) .
Thus, it would have been obvious to one of ordinary skill in the art to modify the system of claim 1 of U.S. Patent No. : US 12063185 in view of Qu’s 003 because Qu’s 003 suggests that an improved communication system, full duplex transceiver assembly and full duplex transceiver amplifier assembly.
Regarding to the claim 14, Benefield’s 829 further teaches wherein the first full duplex transceiver assembly comprises a mechanism electrically connected to the microprocessor and configured to cause a predetermined bit or bits to be inserted into the stream of data, thereby allowing audio to be passed from the user of the first full duplex transceiver assembly to the users of each of the first two-way radio and the second two-way radio at the same time [see Figure 4 and Figure 3 and Paragraph 0039].
Regarding to the claim 15, Benefield’s 829 further teaches wherein the number of full duplex transceiver assemblies further comprises a second full duplex transceiver assembly configured the same as the first full duplex transceiver, and configured to communicate with the expansion board assembly in the same manner by which the first full duplex transceiver assembly communicates with the expansion board assembly [see Figure 4 and Figure 3 and Paragraph 0039].
Regarding to the claim 17, Benefield’s 829 further teaches wherein the first and second circuits of the printed circuit board of the expansion board assembly each comprise a closure configured to be remotely activated by the first full duplex transceiver assembly in order to allow the audio from the users of each of the first two-way radio and the second two-way radio to be passed to the user of the first full duplex transceiver assembly at the same time [see Figure 4 and Figure 3 and Paragraph 0039 ].
Regarding to the claim 18, Benefield’s 829 further teaches wherein the closure is a relay [see Paragraph 0039 and Figure 4 and Figure 3].
Allowable Subject Matter
Claims 2, 3, 4, 5, 6 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.
The following is an examiner’s statement of reasons for allowance:
The prior art fails to disclose the mechanism is configured to cause another predetermined bit or bits to be inserted into the stream of data, thereby automatically causing: 3) a closure of the second circuit to be remotely activated, and 4) two-way audio communication to be passed between the user of the first full duplex transceiver assembly and a user of the second two-way radio.
Claim 7 is 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.
The following is an examiner’s statement of reasons for allowance:
The prior art fails to disclose wherein the number of full duplex transceiver assemblies further comprises a second full duplex transceiver assembly configured the same as the first full duplex transceiver, and configured to communicate with the expansion board assembly in the same manner by which the first full duplex transceiver assembly communicates with the expansion board assembly.
Claim 9 is 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.
The following is an examiner’s statement of reasons for allowance:
The prior art fails to disclose wherein the expansion board assembly further comprises a microprocessor provided on the printed circuit board and configured to emit a stream of data, wherein either: a) the predetermined bit or bits to be inserted into the stream of data of the first full duplex transceiver assembly, or b) another predetermined bit or bits to be inserted into the stream of data of the first full duplex transceiver assembly by the mechanism, are configured to cause a signal including the stream of data of the expansion board assembly to be repeated, thereby allowing the user of the first full duplex transceiver assembly to communicate with a user of the second full duplex transceiver assembly among a plurality of different channels, even when the first and second full duplex transceiver assemblies are physically out of range to communicate directly with one another.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUONG T HO whose telephone number is (571)272-3133. The examiner can normally be reached 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUONG T HO/Primary Examiner, Art Unit 2412
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