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 .
Status of the Claims
Claims 1-9 have been examined.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In claim 1, the limitation “…a pool to the computing device…”, The metes and bounds of the claim are not clearly set forth because the phrase “a pool to the computing device” lacks clarity and fails to provide proper antecedent basis. It is unclear whether the claim intends to recite a pool, pool environment, pool map or pool clearing robot. Appropriate correction by the applicant is required.
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 doubles 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 1-9 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No.12079003B1, since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Current Application
12079003 (reference patent)
1. A system comprising: a video capture device; a pool cleaning robot separated from the video capture device; and a computing device; wherein the video capture device is configured to transmit one or more videos of a pool to the computing device, wherein the computing device comprising a memory and a processor, and wherein the memory stores executable instructions that, in response to execution by the processor, cause the computing device to at least: determine a position of the pool cleaning robot relative to the pool using the one or more videos; and generate a moving instruction for the pool cleaning robot, based on the position of the pool cleaning robot.
1. A system comprising: a video capture device; a pool cleaning robot separated from the video capture device; and a computing device, wherein the video capture device is positioned on the computing device or included as a part of the computing device, and wherein the computing device includes a floating wireless charger for charging the pool cleaning robot; wherein the video capture device is configured to transmit one or more videos of a pool to the computing device, wherein the computing device comprising a memory and a processor, and wherein the memory stores executable instructions that, in response to execution by the processor, cause the computing device to at least: determine a position of the pool cleaning robot relative to the pool using the one or more videos; and generate a moving instruction for the pool cleaning robot, based on the position of the pool cleaning robot.
From above comparison it show that the present application discloses the similar/same/identical limitations with terminology, both method/system/apparatus claim discloses with broader or same but not narrow means as specially in present claims do not further define the method/system/apparatus while similar/same/identical limitations patented in claims.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Durvasula (US20190271987A1).
Claim.1 Durvasula disclose a system (see at least abstract, a pool cleaning system for cleaning debris from a sub-merged surface of a swimming pool) comprising: a video capture device (see at least fig.1-5, p20-23, element 32 is a cameras, cameras 32 comprise devices configured to capture video or time lapse images of pool 22); a pool cleaning robot separated from the video capture device (see at least fig.1-6, p23-25, pool cleaning system 20 may utilize dedicated cameras 32 independent of any cameras associated with a home); and a computing device (see at least fig.1-6, p26-29, controller 42); wherein the video capture device is configured to transmit one or more videos of a pool to the computing device (see at least fig.1-6, p24-27, wherein the signals from cameras 32 are transmitted across a wide area network or may be achieved with software controller 42, controller 42 comprises one or more processing units in communication with vehicle 30 and cameras 32, p27), wherein the computing device comprising a memory and a processor, and wherein the memory stores executable instructions that, in response to execution by the processor (see at least fig.6, p26, controller 42 comprises one or more processing units in communication with vehicle 30 and cameras 32, the term “processing unit” shall means a presently developed or future developed processing unit that executes sequences of instructions contained in a memory, execution of the sequences of instructions causes the processing unit to perform steps such as generating control signals, p29), cause the computing device to at least: determine a position of the pool cleaning robot relative to the pool using the one or more videos (see at least fig.5-8, representing the current position of vehicle 30, a person may view the current position of vehicle 30, the extent to which pool 22 has been cleaned or covered by vehicle 30 and the extent of pool 22 that remains to be cleaned); and generate a moving instruction for the pool cleaning robot, based on the position of the pool cleaning robot (see at least fig.1-8, step 610 steer vehicle based on identified portions, p28-29, controller 42 is configured to generate control signals for steering vehicle 30 based upon signals received from cameras 32, because vehicle 30 is precisely steered under the control of controller 42, rather than traveling in a random manner, entire summer surfaces of pool 22 may be more quickly and efficiently covered and cleaned, controller 42 uses signals from cameras 32 to steer vehicle 34 such areas to re-clean).
Claim.2 Durvasula disclose wherein the one or more videos include a first video including a real time video of the pool and a second video including a previously recorded video (see at least fig.1-8, p24-27, wherein the signals from cameras 32 are transmitted across a wide area network or may be achieved with software controller 42, controller 42 comprises one or more processing units in communication with vehicle 30 and cameras 32, p44, controller 42 further relays either the raw signals from camera 32 or image signals generated based upon signals from cameras 32 to PED 464m wherein such images are presented on display 468).
Claim.3 Durvasula disclose wherein the computing device being caused to determine the position of the pool cleaning robot incudes being caused to: create a coordinate system for the pool using the first video; and determine the position of the pool cleaning robot relative to the pool using the second video and based on the coordinate system (see at least fig.1-8, step 610 steer vehicle based on identified portions, p28-29, controller 42 is configured to generate control signals for steering vehicle 30 based upon signals received from cameras 32, because vehicle 30 is precisely steered under the control of controller 42, rather than traveling in a random manner, entire summer surfaces of pool 22 may be more quickly and efficiently covered and cleaned, controller 42 uses signals from cameras 32 to steer vehicle 34 such areas to re-clean, p44, controller 42 further relays either the raw signals from camera 32 or image signals generated based upon signals from cameras 32 to PED 464m wherein such images are presented on display 468).
Claim.4 Durvasula disclose wherein the computing device is separated from the pool cleaning robot (see at least fig.1-8, p36, remote server 254 comprises a server remote from dry station 246 which is in communication with dry station 246 across network 260, remote server 254 includes controller 42).
Claim.5 Durvasula disclose wherein the pool cleaning robot includes a mark including a lighting device, and wherein the video capture device is configured to track the position of the pool cleaning robot based on the mark (see at least fig.1-8, p48, those portions 632 of surfaces 26, 28 of pool 22 over which of vehicle 30 has moved are identified by graphical depiction 620 either by color, markings or other various distinctive attributes, p23, cameras 32 capture movement of vehicle 30 while vehicle 30 is submerged within pool 22).
Claim.6 Durvasula disclose wherein the video capture device is positioned on the computing device or included as a part of the computing device (see at least fig.5, p44, signals from cameras 32 are transmitted across dry station, 246 across network 260 to controller 42 of remote server 254).
Claim.7 Durvasula disclose wherein the computing device includes a floating wireless charger for charging the pool cleaning robot (see at least fig.1-4,9, p31, provides electrical power to vehicle 30 in a wired fashion, either wired or wireless fashion, p51).
Claim.8 Durvasula disclose further comprising a secondary computing device that is a server in a cloud computing system (see at least fig.3, 9, p34, remote server 254, p36-37, a server remote from dry station 246 which is in communication with dry station 246 across network 260).
Claim.9 Durvasula disclose wherein the computing device is positioned along a side of the pool (see at least fig.5-9, p51, pool cleaning system 820 is similar to pool cleaning system 520 except the pool cleaning system 820 located controller 42 in dry station 246 and includes pool cleaning vehicle 830).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARDUL D PATEL whose telephone number is (571)270-7758. The examiner can normally be reached Monday-Friday 8am-5pm (IFP).
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/SHARDUL D PATEL/Primary Examiner, Art Unit 3664