DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
2. This Office Action is in response to the application 18/797,584 filed on 08/08/2024.
Claims 1-68 are pending in the application.
Priority
3. Acknowledgment is made of Applicant's claim for domestic priority to which is a CON of 17/563,318 12/28/2021 PAT 12,088,670 which is a CON of 17/099,792 11/17/2020 PAT 11240311 which is a CON of 15/716,881 09/27/2017 PAT 10868867 which is a CON of 15/361 ,434 11/27/2016 which is a DIV of 13/733,634 01/03/2013 which claims benefit of 61/584,500 01/09/2012 and claims benefit of 61/620,129 04/04/2012 and claims benefit of 61/637,030 04/23/2012 and claims benefit of 61/647,034 05/15/2012.
Information Disclosure Statement
4. The information disclosure statements (IDSs) submitted on 08/08/2024, 08/08/2024, 08/08/2024, 08/08/2024, 08/08/2024, 08/08/2024, 08/08/2024, 08/08/2024, 08/08/2024, 08/08/2024, 08/08/2024, 08/08/2024, 08/08/2024, 09/24/2024, 12/26/2024, 02/12/2025, 06/15/2025, 08/05/2025, 12/13/2025, 02/23/2026, 08/08/2024 (part) and 08/08/2024 (part) are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
1449 receipt date 08/08/2024 and annotated date 03/10/2024 at 09:18 am Non-Patent Literature (NPL) entries 4,11,15, 16, 25, 18, 38 does not include a date (with at least the year) and not being considered by the examiner.
1449 receipt date 08/08/2024 and annotated date 03/10/2024 at 09:24 am Non-Patent Literature (NPL) entries 1-5, 12-13, 15-16, 39, 42 does not include a date (with at least the year) and not being considered by the examiner.
Double Patenting
5. 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.
6. Claims 1-68 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-67 of U.S. Patent No. 12,088,670 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are merely obvious variations of the claims 1-67 in the of U.S. Patent No. 12,088,670 B2 of US Application no. 17/563318, and as such is unpatentable for obvious-type double patenting which is outlined in the table below.
:
Instant Application # 18/797584
U.S. Patent No. 12,088,670 B2 of Application no. 17/563318
Claim 1:
A method for use with a wire pair that is part of, or connectable to, a network in a vehicle, the wire pair concurrently carrying Direct Current (DC) power and bi-directional digital data signals that is carried over a frequency band that is above the DC power using Frequency Division Multiplexing (FDM), the method comprising:
executing a software, by a processor in the vehicle;
receiving, in the vehicle by a transceiver that is controlled by the processor, an actuator command from the wire pair via a connector that is connectable to the wire pair;
affecting a first phenomenon by an actuator in response to the received actuator command, wherein the actuator is coupled to receive the actuator command from the processor;
powering the transceiver and the processor from the DC power via the connector; and uniquely identifying the processor in the network using a digital address, wherein the connector, the processor, and the transceiver, are enclosed in a single enclosure mountable in the vehicle.
20. The method according to claim 1, further comprising sensing, in the vehicle by a sensor , a second phenomenon, and providing, by the sensor, a value responsive to the first phenomenon; and receiving, by the processor from the sensor, the value.
21. The method according to claim 20, further comprising sending, in the vehicle by the transceiver, the value to the wire pair via the connector.
Claim 1:
A method for use with a wire pair that is part of, or connectable to, a network in a vehicle, the wire pair concurrently carrying Direct Current (DC) power and bi-directional digital data signals that is carried over a frequency band that is above the DC power using Frequency Division Multiplexing (FDM), the method comprising:
executing a software, by a processor in the vehicle;
sensing, by a sensor in the vehicle, a first phenomenon, and providing, by the sensor, a value responsive to the first phenomenon; receiving, by the processor from the sensor, the value;
transmitting, by a transceiver in the vehicle that is controlled by the processor, the value to the wire pair via a connector that is connectable to the wire pair;
powering the transceiver and the processor from the DC power via the connector; and uniquely identifying the processor in the network using a digital address, wherein the connector, the sensor, the processor, and the transceiver are enclosed in a single enclosure mountable in the vehicle.
39. The method according to claim 1, further comprising affecting a second phenomenon by an actuator in response to an actuator command, wherein the actuator is coupled to receive the actuator command from the processor.
47. The method according to claim 39, wherein the second phenomenon is the same as the first phenomenon.
Although the claims 1 and 20-21 at issue are not identical, they are not patentably distinct from each other because the limitations of claims 1 and 20-21 of the instant application is disclosed by the limitations of claim 1, 39 and 47 of U.S. Patent No. 12,088,670 B2 of Application no. 17/563318, and as such is unpatentable for obvious-type double patenting.
Instant Application Claims 2-19 recite substantially the same limitation as the patented claims 2-19 of U.S. Patent No. 12,088,670 B2 of Application no. 17/563318, therefore the application claims 2-19 are anticipated by the patented claims 2-19.
Instant Application Claims 22-40 recite substantially the same limitation as the patented claims 20-38 of U.S. Patent No. 12,088,670 B2 of Application no. 17/563318, therefore the application claims 22-40 are anticipated by the patented claims 20-38.
Instant Application Claims 41-46 recite substantially the same limitation as the patented claims 40-45 of U.S. Patent No. 12,088,670 B2 of Application no. 17/563318, therefore the application claims 41-46 are anticipated by the patented claims 40-45.
Instant Application Claims 47-48 recite substantially the same limitation as the patented claim 46 of U.S. Patent No. 12,088,670 B2 of Application no. 17/563318, therefore the application claims 47-48 are anticipated by the patented claim 46.
Instant Application Claims 49-68 recite substantially the same limitation as the patented claims 48-67 of U.S. Patent No. 12,088,670 B2 of Application no. 17/563318, therefore the application claims 49-68 are anticipated by the patented claims 48-67.
Therefore, Claims 1-68 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-67 of U.S. Patent No. 12,088,670 B2 of Application no. 17/563318. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are merely obvious variations of the claims 1-67 in the U.S. Patent No12,088,670 B2 of Application no. 17/563318, and as such is unpatentable for obvious-type double patenting.
7. Claims 1-68 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-16, 18-33, 35-56 and 58-66 of U.S. Patent No. 11,240,311 B2 of US Application no. 17/099792. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are merely obvious variations of the claims 1, 4-16, 18-33, 35-56 and 58-66 in the of U.S. Patent No. 11,240,311 B2 of US Application no. 17/099792, and as such is unpatentable for obvious-type double patenting which is outlined in the table below:
Instant Application # 18/797,584
US Patent 11240311 B2 (Application No. 17/099,792)
Claim 1:
A method for use with a wire pair that is part of, or connectable to, a network in a vehicle, the wire pair concurrently carrying Direct Current (DC) power and bi-directional digital data signals that is carried over a frequency band that is above the DC power using Frequency Division Multiplexing (FDM), the method comprising:
executing a software, by a processor in the vehicle;
receiving, in the vehicle by a transceiver that is controlled by the processor, an actuator command from the wire pair via a connector that is connectable to the wire pair;
affecting a first phenomenon by an actuator in response to the received actuator command, wherein the actuator is coupled to receive the actuator command from the processor;
powering the transceiver and the processor from the DC power via the connector; and uniquely identifying the processor in the network using a digital address, wherein the connector, the processor, and the transceiver, are enclosed in a single enclosure mountable in the vehicle.
20. The method according to claim 1, further comprising sensing, in the vehicle by a sensor , a second phenomenon, and providing, by the sensor, a value responsive to the first phenomenon; and receiving, by the processor from the sensor, the value.
21. The method according to claim 20, further comprising sending, in the vehicle by the transceiver, the value to the wire pair via the connector.
Claim 1:
A device for use with a network that uses a single wire pair, the wire pair concurrently carrying Direct Current (DC) power and bi-directional digital data signals that is carried over a frequency band above and distinct from the DC power using Frequency Division Multiplexing (FDM), the device comprising:
a software and a processor for executing the software; a connector for connecting to the wire pair; a transceiver coupled between the processor and the connector for transmitting digital data to, and receiving digital data from, the wire pair via the connector;
a sensor for sensing a first phenomenon, the sensor having an output coupled for transmitting to the processor a value responsive to the first phenomenon;
an actuator for affecting a second phenomenon in response to an actuator command from the processor; and a single enclosure mountable for housing the connector, the processor, the actuator, and the transceiver, wherein the transceiver, the actuator,
and the processor are coupled for being powered from the DC power via the connector, wherein the device configured to transmit the value to the wire pair via the connector, and wherein the device is addressable in the network using a digital address.
Although the claims 1 and 20-21 at issue are not identical, they are not patentably distinct from each other because the limitations of claim 1 of the instant application is disclosed by the limitations of claim 1 of US Patent 11,240,311 B2 of US Application No. 17/099,792, and as such is unpatentable for obvious-type double patenting.
Instant Application Claims 2-14 recite substantially the same limitation as the patented claims 4-16 of U.S. Patent No. 11,240,311 B2 of US Application No. 17/099,792, therefore the application claims 2-14 are anticipated by the patented claims 4-16.
Instant Application Claims 16-19 recite substantially the same limitation as the patented claims 18-21 of U.S. Patent No. 11,240,311 B2 of US Application No. 17/099,792, therefore the application claims 16-19 are anticipated by the patented claims 18-21.
Instant Application Claims 22-33 recite substantially the same limitation as the patented claims 22-33 of U.S. Patent No. 11,240,311 B2 of US Application No. 17/099,792, therefore the application claims 22-33 are anticipated by the patented claims 22-33.
Instant Application Claims 34-39 recite substantially the same limitation as the patented claims 35-40 of U.S. Patent No. 11,240,311 B2 of US Application No. 17/099,792, therefore the application claims 34-39 are anticipated by the patented claims 35-40.
Instant Application Claim 40 recite substantially the same limitation as the patented claim 42 of U.S. Patent No. 11,240,311 B2 of US Application No. 17/099,792, therefore the application claim 41 is anticipated by the patented claim 42.
Instant Application Claims 45-46 recite substantially the same limitation as the patented claims 43-44 of U.S. Patent No. 11,240,311 B2 of US Application No. 17/099,792; therefore the application claims 44-46 are anticipated by the patented claims 43-44.
Instant Application Claims 47-58 recite substantially the same limitation as the patented claims 45-56 of U.S. Patent No. 11,240,311 B2 of US Application No. 17/099,792; therefore the application claims 47-58 are anticipated by the patented claims 45-56.
Instant Application Claims 59-65 recite substantially the same limitation as the patented claims 58-64 of U.S. Patent No. 11,240,311 B2 of US Application No. 17/099,792, therefore the application claims 59-65 are anticipated by the patented claims 58-64.
Instant Application Claims 67-68 recite substantially the same limitation as the patented claims 65-66 of U.S. Patent No. 11,240,311 B2 of US Application No. 17/099,792, therefore the application claims 67-68 are anticipated by the patented claims 65-66.
Therefore, Claims 1-67 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-16, 18-33, 35-56 and 58-66 of U.S. Patent No. 11,24,0311 B2 of US Application no. 17/099792. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are merely obvious variations of the claims 1, 4-16, 18-33, 35-56 and 58-66 in the U.S. Patent No. 11240311 B2 of US Application no. 17/099792, and as such is unpatentable for obvious-type double patenting.
8. Claims 1-67 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15, 17-32 and 34-70 of U.S. Patent No. 10,868,867 B2 of US Application no. 15/716,881. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are merely obvious variations of the claims 1-15, 17-32 and 34-70 in the of U.S. Patent No. 10,868,867 B2 of US Application no. 15/716,881, and as such is unpatentable for obvious-type double patenting which is outlined in the table below:
Instant Application No. # 18797,584
US Patent 10868867 B2 (Application No. 15/716,881)
Claim 1:
A method for use with a wire pair that is part of, or connectable to, a network in a vehicle, the wire pair concurrently carrying Direct Current (DC) power and bi-directional digital data signals that is carried over a frequency band that is above the DC power using Frequency Division Multiplexing (FDM), the method comprising:
executing a software, by a processor in the vehicle;
receiving, in the vehicle by a transceiver that is controlled by the processor, an actuator command from the wire pair via a connector that is connectable to the wire pair;
affecting a first phenomenon by an actuator in response to the received actuator command, wherein the actuator is coupled to receive the actuator command from the processor;
powering the transceiver and the processor from the DC power via the connector; and uniquely identifying the processor in the network using a digital address, wherein the connector, the processor, and the transceiver, are enclosed in a single enclosure mountable in the vehicle.
20. The method according to claim 1, further comprising sensing, in the vehicle by a sensor , a second phenomenon, and providing, by the sensor, a value responsive to the first phenomenon; and receiving, by the processor from the sensor, the value.
21. The method according to claim 20, further comprising sending, in the vehicle by the transceiver, the value to the wire pair via the connector.
Claim 1:
A device for use with a single wire pair in a vehicle, the wire pair concurrently carrying DC power and bi-directional digital data signals that is carried over a frequency band above and distinct from the DC power using Frequency Division Multiplexing (FDM),
the device comprising: a connector for connecting to the wire pair; a power/data splitter having first, second and third ports, wherein the digital data signal is passed only between the first and second ports, and the DC power signal is passed only between the first and third ports, and wherein the first port is connected to the connector;
a software and a processor for executing the software; a transceiver coupled between the processor and the second port for transmitting digital data to, and
receiving digital data from, the wire pair via the connector; a sensor for sensing a first phenomenon in the vehicle,
the sensor having an output coupled for transmitting to the processor a value responsive to the first phenomenon; and
a single enclosure mountable in the vehicle for housing the connector, the power/data splitter, the processor, and the transceiver , wherein the transceiver and the processor are coupled to the third port for being powered from the DC power via the connector, and wherein the device is operative to transmit the value to the wire pair via the connector.
2. The device according to claim 1, wherein the single enclosure further comprises the sensor.
3. The device according to claim 1, wherein the sensor is external to the single enclosure, or wherein the sensor is mountable in the vehicle.
Although the claim 1 and 20-21 at issue are not identical, they are not patentably distinct from each other because the limitations of claims 1 and 20-21 of the instant application is disclosed by the limitations of claims 1-3 of US Patent 10,868,867 B2 of US Application no. 15/716,881, and as such is unpatentable for obvious-type double patenting.
Instant Application Claim 2 recites substantially the same limitation as the patented claim 4 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claim 2 is anticipated by the patented claim 4.
Instant Application Claims 4-14 recite substantially the same limitation as the patented claims 5-15 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claims 4-14 are anticipated by the patented claims 5-15.
Instant Application Claims 15 and 18 recite substantially the same limitation as the patented claim 19 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claims 15 and 18 are anticipated by the patented claim 19.
Instant Application Claims 16-17 recite substantially the same limitation as the patented claims 17-18 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claims 16-17 are anticipated by the patented claims 17-18.
Instant Application Claim 19 recite substantially the same limitation as the patented claim 20 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claim 19 is anticipated by the patented claim 20.
Instant Application Claims 22-33 recite substantially the same limitation as the patented claims 21-32 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claims 22-33 are anticipated by the patented claims 21-32.
Instant Application Claims 34-40 recite substantially the same limitation as the patented claims 34-40 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claims 34-40 are anticipated by the patented claims 34-40.
Instant Application Claims 41-46 recite substantially the same limitation as the patented claims 41-46 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claims 41-46 are anticipated by the patented claims 41-46.
Instant Application Claims 47-48 recite substantially the same limitation as the patented claim 47 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claims 47-48 are anticipated by the patented claim 47.
.
Instant Application Claims 49-58 recite substantially the same limitation as the patented claims 49-58 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claims 49-58 are anticipated by the patented claims 49-58.
Instant Application Claims 59-60 recite substantially the same limitation as the patented claims 61-62 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claim 59-60 are anticipated by the patented claims 61-62.
Instant Application Claims 61-68 recite substantially the same limitation as the patented claims 63-70 of U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, therefore the application claims 61-68 are anticipated by the patented claims 63-70.
Therefore, Claims 1-67 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15, 17-32 and 34-70 of U.S. Patent No. 10,868,867 B2 of US Application no. 15/716,881. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are merely obvious variations of the claims 1-15, 17-32 and 34-70 in the U.S. Patent No. 10868867 B2 of US Application no. 15/716,881, and as such is unpatentable for obvious-type double patenting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. US Patent 2007/0173202 A1 to Binder et al discloses Systems, methods and apparatus for improving the coverage of a wireless network based on frequency shifting scheme.
b. US PGPUB 2006/0097574 A1 to Gidge et al discloses A device and method for providing power line communications via an underground residential distribution power system is provided.
c. US PGPUB US 2011/0130163 A1 to SABAN et al discloses The invention is directed to a method and system for supporting wireless RF services over a wired digital data network infrastructure.
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/M.J.S/Examiner, Art Unit 2459 /TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459