CTNF 18/798,673 CTNF 85486 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Double Patenting 08-33 AIA 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. 08-34 AIA Claim 1-15 and 18-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-9, 13, 16 and 18-20 of U.S. Patent No. 12,108,493 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed limitations recited in the present application are found in the U.S. Patent No. 12,108,493 with obvious wording variations. Take an example of claim 1 of pending application and claim 1 of the U.S. Patent No. 12,108,493: Pending Application 18/798,673 U.S. Patent No. 12,108,493 Per claim 1, A wireless accessory device, comprising: a wireless communication interface adapted for communication with a host device and a second wireless accessory device ; a memory; and one or more processors in communication with the memory, the one or more processors configured to execute a first set of operations to perform a role switch from a slave mode to a master mode, the first set of operations comprising: negotiating a first anchor point for the role switch from the slave mode to the master mode; receiving, from the second wireless accessory device and over the wireless communications interface, logical link information for communicating with the host device ; receiving, from the second wireless accessory device and over the wireless communications interface , bit processing information , the bit processing information comprising cyclic redundancy check and header error check states ; and responsive to receiving the bit processing information, performing the role switch from the slave mode to the master mode at the first anchor point, the role switch from the slave mode to the master mode comprising: receiving packets directly from the host device after the first anchor point ; and relay ing the receiving packets to the second wireless accessory device Claim 2, similar to claim 2 in U.S. Patent No. 12,108,493. Claim 3, similar to claim 3 in U.S. Patent No. 12,108,493. Claim 4, similar to claim 4 in U.S. Patent No. 12,108,493. Claim 5, similar to claim 5 in U.S. Patent No. 12,108,493. Claim 6, similar to claim 6 in U.S. Patent No. 12,108,493. Claim 7, similar to claim 7 in U.S. Patent No. 12,108,493. Claim 8, similar to claim 8 in U.S. Patent No. 12,108,493. Claim 9, similar to claim 9 in U.S. Patent No. 12,108,493. Claim10, similar to claim 20 in U.S. Patent No. 12,108,493, Instead of measuring first metric, determination based on signal strength, RSSI or battery life, which is similar to a metric. Claim 11, similar claim language in claim 13 and 20 in U.S. Patent No. 12,108,493. Instead of sending first metrics to secondary wireless device, claim 13 recites transmitting logical link information from a host device to second device, wherein claim 20 recites signal strength and battery level, where examiner interprets this information can be sent between devices. Claim 12, , similar claim language in claim 13 and 20 in U.S. Patent No. 12,108,493, claim 13, transmitting or receiving data from host or second device, however in the pending application it refers to secondary wireless device which includes receiving second metrics, which is the same metrics as signal strength or battery level in claim 20. Claim 13, similar claim language in claim 13 and 20 in U.S. Patent No. 12,108,493, same rationale as explained in claim 12 above. Claim 14, , similar claim language in claim 18 and 20 in U.S. Patent No. 12,108,493, where claim 18 recites Anchor point, and claim 20 recites determination based signal strength or battery level, instead of first and second metrics in pending application. Claim 15, similar to claim19 in U.S. Patent No. 12,108,493. Claim 18, similar to claim 13 in U.S. Patent No. 12,108,493. Claim 19, similar to claim 16 in U.S. Patent No. 12,108,493. Claim 20, similar to claim 20 in U.S. Patent No. 12,108,493. Per claim 1, A wireless accessory device, comprising: a wireless communication interface adapted for communication with a host device and a second wireless accessory device ; a memory; one or more processors in communication with the memory, the one or more processors configured to execute a first set of operations to role switch from a master mode to a slave mode , the first set of operations comprising: negotiating an anchor point for a role switch ; transmitting logical link information for communicating with the host device to the second wireless accessory device ; transmitting bit processing information to the second wireless accessory device , the bit processing information comprising cyclic redundancy check and header error check states ; performing role switch at the negotiated anchor point; and receiving packets relay ed through the second wireless accessory device after the anchor point . Further, the instant claims obviously encompass the claimed invention of U.S. Patent No. 12,108,493 and differ only in terminology. To the extent that the instant claims are broadened and therefore generic to the claimed invention of U.S. Patent No. 12,108,493, in re Goodman 29 USPQ 2d 2010 CAFC 1993, states that a generic claim cannot be issued without a terminal disclaimer, if a species claim has been previously been claimed in a co-pending application 08-36 AIA Claim s 16 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 12,108,493 in view of Srivastava et al. (US20200252993) (hereinafter Srivastava) . U.S. Patent No. 12,108,493 discloses the wireless accessory device, wherein the first set of operations further comprises initiating the role switch from the slave mode to the master mode (claim 13, A method for role switching from a master mode to a slave mode), but fails to disclose further comprising one or more sensors based on sensor data from the one or more sensors. In an analogous field of endeavor, Srivastava discloses comprising one or more sensors based on sensor data from the one or more sensors (paragraph 0085, Fig 6, ref. 650, one or more sensors). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Srivastava into the invention of U.S. Patent No. 12,108,493, where U.S. Patent No. 12,108,493 teaches Role switch between wirelessly paired master/slave devices may be performed without perceived glitches in audio. The devices negotiate an anchor point, such as a point in time or a point in relation to other events, for performing the role switch and Srivastava teaches fast role switching between master and slave roles among wireless nodes. In one aspect, wireless nodes, such as wireless earbuds, coupled to a wireless source, may dynamically and intelligently swap master and slave roles to optimize battery life in the wireless nodes in order to improve the quality of service improving the reliability of the audio stream while balancing power consumption among the Bluetooth stereo earbud pair. Claim 17, refer to the same rationale as explained in claim 16, where one or more sensors are one or more of a switch (paragraph 0040, the master device may wish to switch roles with the slave device. For example, as described above, if the master device, the slave device, or the source device, determines that the remaining battery charge at the master device is below a threshold charge value, or is less than a remaining battery charge at the slave device, the master device may initiate a role switch request. In another example, role switches may occur if the link quality between the source device and the slave device is better than the link quality between the source device and the master device, one of the devices may initiate a role switch request). Allowable Subject Matter Claims 1-20 would be allowable if an approved terminal disclaimer is sent to the USPTO, as set forth in this Office action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH E DEAN, JR whose telephone number is (571)270-7116. The examiner can normally be reached Mon-Fri 7:30-3:30. 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, Alison Slater can be reached at 571-270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH E DEAN, JR/Primary Examiner, Art Unit 2647 Application/Control Number: 18/798,673 Page 2 Art Unit: 2647 Application/Control Number: 18/798,673 Page 3 Art Unit: 2647 Application/Control Number: 18/798,673 Page 4 Art Unit: 2647 Application/Control Number: 18/798,673 Page 5 Art Unit: 2647 Application/Control Number: 18/798,673 Page 6 Art Unit: 2647 Application/Control Number: 18/798,673 Page 7 Art Unit: 2647 Application/Control Number: 18/798,673 Page 8 Art Unit: 2647 Application/Control Number: 18/798,673 Page 9 Art Unit: 2647
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