DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
This is a first office action in response to application filed, with the above serial number, on 12 August 2024 in which claims 1-20 are presented for examination. Claims 1-20 are therefore pending in the application.
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.
Claims 1-20 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, the independent claims each recite “each of the plurality of physical devices includes one or more of a camera, a card scanner, a biometric scanner, and one or more user interfaces”. The range of physical devices thus may be interpreted to include “one or more of… one or more user interfaces” and appears indefinite if the user interfaces are within the clause. And as the user interfaces are described in par. 39 as physical devices including ‘a keyboard 202, a magnetic card scanner 204, an ID scanner 206, a smart card scanner 208 and a touch screen 210’ the claim is interpreted as “each of the plurality of physical devices includes one or more of a camera, a card scanner, a biometric scanner, in addition to one or more user interfaces”.
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 1-17 of U.S. Patent No. 12088455. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of 12088455 anticipate the claims of the instant application as follows:
12088455
‘238
Claim 1. A system for monitoring hardware of, and managing services provided by, a plurality of terminals, comprising: a central office linked to the plurality of terminals, wherein the central office includes a central office processor and a communications interface, wherein the central office processor is configured to: receive a plurality of scripts, wherein each of the plurality of scripts carries out a specific service, and wherein each of the plurality of scripts is associated with configuration information including a set of designated physical devices used to perform the specific service, and remotely and selectively configure services provided by the plurality of terminals by selectively transmitting one or more of the plurality of scripts and the configuration information to one or more of the plurality of terminals; and
the plurality of terminals each located remotely from the central office
and each configured to store scripts from among the plurality of scripts and configuration information transmitted from the central office processor, wherein each of the plurality of terminals includes a terminal processor and a plurality of physical devices each connected to the terminal processor via a hardware interface, wherein each of the plurality of physical devices includes one or more of a camera, a card scanner, a biometric scanner, and one or more user interfaces, and wherein the terminal processor is configured to: monitor an operational status of each of the plurality of physical devices, enable or disable scripts provided by the central office processor based on the operational status of each of the plurality of physical devices, and based on the configuration information, including:
receive, via the hardware interface, a hardware failure status of one of the plurality of physical devices, determine, in response to receiving the hardware failure status, and based on the configuration information including the set of designated physical devices for one or more of the stored scripts, that at least one of the stored scripts uses the one of the plurality of physical devices associated with the received hardware failure status, wherein the terminal processor manages the plurality of physical devices using a table identifying the plurality of physical devices used for the at least one of the stored scripts, and disable, in response to the determination, the at least one of the stored scripts, wherein at least one other one of the stored scripts remains enabled; and transmit, to the central office processor at predetermined intervals, the operational status of each of the plurality of physical devices.
Claim 1. A system comprising:
1117771
a plurality of terminals each located remotely from a linked system having a central processor and a communications interface and linked to the plurality of terminals
and each configured to store scripts from among a plurality of scripts and configuration information transmitted from the central processor, wherein each of the plurality of terminals includes a terminal processor and a plurality of physical devices each connected to the terminal processor via a hardware interface,
wherein each of the plurality of physical devices includes one or more of a camera, a card scanner, a biometric scanner, and one or more user interfaces, and wherein the terminal processor is configured to: monitor an operational status of each of the plurality of physical devices, enable or disable scripts provided by the central processor based on the operational status of each of the plurality of physical devices, and based on the configuration information, including:
receive, via the hardware interface, a hardware failure status of one of the plurality of physical devices, determine, in response to receiving the hardware failure status, and based on the configuration information including a set of designated physical devices for one or more of the stored scripts, that at least one of the stored scripts uses the one of the plurality of physical devices associated with the received hardware failure status, wherein the terminal processor manages the plurality of physical devices using a table identifying the plurality of physical devices used for the at least one of the stored scripts, and disable, in response to the determination, the at least one of the stored scripts, wherein at least one other one of the stored scripts remains enabled; and transmit, to the central processor at predetermined intervals, the operational status of each of the plurality of physical devices.
As can be seen above, ‘455 claim 1 anticipates ‘238 claim 1 as the bolded portions of each show.
‘238 claim 2 is anticipated by ‘455 claim 1.
‘238 claim 3 is anticipated by ‘455 claim 1.
‘238 claim 4 is anticipated by ‘455 claim 2.
‘238 claim 5 is anticipated by ‘455 claim 3.
‘238 claim 6 is anticipated by ‘455 claim 7.
‘238 claim 7 is anticipated by ‘455 claim 4.
‘238 claim 8 is anticipated by ‘455 claim 5.
‘238 claim 9 is anticipated by ‘455 claim 6.
‘238 claim 10 is anticipated by ‘455 claim 16.
‘238 claims 11-20 are similarly anticipated by ‘455 claims 8-15, 17 and as similarly mapped above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY TODD whose telephone number is (303)297-4763. The examiner can normally be reached 8:30-5 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Taylor can be reached on 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY TODD/Primary Examiner, Art Unit 2443
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