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 .
Double Patenting
1. 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 obviousness-type 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); and 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) maybe used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
2. The claims 1-4, 7-10, and 14-17 are provisionally rejected on the ground of non-statutory double patenting over claims 1 - 20 of copending Application No. 18/965,020 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The claims 1-4, 7-10, and 14-17 are provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1 - 20 of copending Application No. 18/965,020. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1 - 20 of copending Application No. 18/965,020 encompasses the limitations of claims 1-4, 7-10, and 14-17 of instant application. Moreover, omission of a reference element whose function is not needed would be obvious to one of ordinary skill in the art. It is well settled that the omission of an element and its functions is an obvious expedient if the remaining elements performs the same function as before In re Karison, 163 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 uspq 375 (Bd. App. 1969).
More specifically, the independent claims 1, 7, and 14 of the present application is same scope, same function and same results as claims 1, 7, and 14 of the copending Application No. 18/965,020. In addition, even though the claims of present application omitted or simply rearranged claimed structure, or added the limitation using similar claimed elements, the basic foundation, function and results of claimed invention of the copending Application No. 18/965,020 is same as claimed invention of the present application.
In addition, the independent claims 1, 7, and 14 of the present application is the basically same invention as the independent claims 1, 7, and 14 of the copending Application No. 18/965,020. The subject matter claimed in the instant application is fully disclosed in the copending Application and is covered by the copending Application since the copending Application and the instant application are claiming common subject matter, as follows, and the difference of the limitations are wordings differently.
For example;
Instant Application
U.S copending Application No. 18/965,020
1. A wireless transceiver information provisioning device, comprising: a wireless transceiver information provisioning device chassis; a transceiver device connector that is included on the wireless transceiver information provisioning device chassis and that is configured to be connected to a wireless transceiver information provisioning device connector on a transceiver device that is connected to a port; and a wireless communication subsystem that is housed in the wireless transceiver information provisioning device chassis and coupled to the transceiver device connector, wherein the wireless communication subsystem is configured to: receive, via the transceiver device connector when the transceiver device connector is connected to a first wireless transceiver information provisioning device connector on a first transceiver device that is connected to a first port, first transceiver information associated with the first transceiver device; store the first transceiver information; wirelessly receive, from a first wireless device, a transceiver information request; and wirelessly transmit, to the first wireless device in response to receiving the transceiver information request, the first transceiver information.
1. A transceiver information provisioning device, comprising: a transceiver information provisioning device chassis; a transceiver device connector that is included on the transceiver information provisioning device chassis and that is configured to be connected to a transceiver information provisioning device connector on a transceiver device that is connected to a port; a cable connector that is included on the transceiver information provisioning device chassis and that is configured to be connected to a cable; and a communication subsystem that is housed in the transceiver information provisioning device chassis and coupled to the transceiver device connector and the cable connector, wherein the communication subsystem is configured to: receive, via the transceiver device connector when the transceiver device connector is connected to a first transceiver information provisioning device connector on a first transceiver device that is connected to a first port, first transceiver information associated with the first transceiver device; store the first transceiver information; and provide, via the cable connector, the first transceiver information.
14. A method for wirelessly providing information about a transceiver device, comprising: connecting, by a first wireless transceiver information provisioning device via a transceiver device connector on the first wireless transceiver information provisioning device, to a first wireless transceiver information provisioning device connector on a first transceiver device that is connected to a first port on a computing device; receiving, by the first wireless transceiver information provisioning device via the transceiver device connector, first transceiver information associated with the first transceiver device; storing, by the first wireless transceiver information provisioning device, the first transceiver information; wirelessly receiving, by the first wireless transceiver information provisioning device from a first wireless device, a transceiver information request; and wirelessly transmitting, by the first wireless transceiver information provisioning device to the first wireless device in response to receiving the transceiver information request, the first transceiver information.
The claim 7 is same as claim 14.
14. A transceiver information provisioning device, comprising: a transceiver information provisioning device chassis; a transceiver device connector that is included on the transceiver information provisioning device chassis and that is configured to be connected to a transceiver information provisioning device connector on a transceiver device that is connected to a port; a cable connector that is included on the transceiver information provisioning device chassis and that is configured to be connected to a cable; and a communication subsystem that is housed in the transceiver information provisioning device chassis and coupled to the transceiver device connector and the cable connector, wherein the communication subsystem is configured to: receive, via the transceiver device connector when the transceiver device connector is connected to a first transceiver information provisioning device connector on a first transceiver device that is connected to a first port, first transceiver information associated with the first transceiver device; store the first transceiver information; and provide, via the cable connector, the first transceiver information.
The additional limitation is not affecting the scope of the present invention. In addition, even though the claim of present application omitted or rearrangement of the claim structure (simply rearranged and restructured the claim elements using same or similar words), the limitation of independent claims 1, 7, and 14 of the U.S. copending Application No. 18/965,020 are encompassed the claimed invention of the independent claims 1, 7, and 14 of the present application.
Therefore, the function and results of the claim invention of present application are same as the claim invention of the U.S. copending Application No. 18/965,020.
Furthermore, the dependents claims 2-4, 8-10, and 15-17 of the present application are also the same result and same function as the claims 1 – 20 of the copending Application No. 18/965,020.
"A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). " ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 1, 3-4, 7, 9-10, 14, and 16-17 are rejected under 35 U.S.C. 102(1)(1) as being anticipated by Narayanan et al. (US 2021/0218431).
Regarding claim 1, Narayanan teaches that a wireless transceiver information provisioning device (Fig. 1 and pages 2, paragraphs 18 – 20). Narayanan teaches that a wireless transceiver information provisioning device chassis (Fig. 1, 2 and pages 2, paragraphs 18 – 20, where teaches information provisioning device chassis), a transceiver device connector that is included on the wireless transceiver information provisioning device chassis and that is configured to be connected to a wireless transceiver information provisioning device connector on a transceiver device that is connected to a port (Fig. 1, 2 and pages 2, paragraphs 18 – pages 3, paragraphs 23, where teaches a transceiver device including the transceiver information provisioning device chassis to connect by connector to wireless transceiver information provisioning device to a port), and a wireless communication subsystem that is housed in the wireless transceiver information provisioning device chassis and coupled to the transceiver device connector (Fig. 1, 2 and pages 2, paragraphs 18 – pages 3, paragraphs 23, where teaches a wireless communication subsystem including the transceiver information provisioning device chassis coupled by transceiver device connector), the wireless communication subsystem is configured to: receive, via the transceiver device connector when the transceiver device connector is connected to a first wireless transceiver information provisioning device connector on a first transceiver device that is connected to a first port (Fig. 2, 3 and pages 2, paragraphs 18 – pages 3, paragraphs 25, where teaches wireless identification system may be mechanically connected to the port /transceiver/networking device by a mechanical connection, the mechanical connection may be any type of connection, and allows the wireless identification system to be released from the port/networking device, and transceiver subsystems may be provided in the chassis also houses a driver that is coupled to connections that configured to transmit data signals via the transceiver device between devices coupled to the transceiver device), first transceiver information associated with the first transceiver device (Fig. 2, 3 and pages 2, paragraphs 18 – pages 3, paragraphs 25), store the first transceiver information (Fig. 2, 4 and pages 4, paragraphs 29 – pages 5, paragraphs 30, where teaches identification information stored on the wireless identification system), wirelessly receive, from a first wireless device, a transceiver information request, and wirelessly transmit, to the first wireless device in response to receiving the transceiver information request, the first transceiver information (Fig. 6, 7, 8 and pages 2, paragraphs 28 – pages 5, paragraphs 33, where teaches provisioning operations that include the controller processing system utilizing the wireless communication system in the networking device to provide configuration information on the transceiver device, and the provisioning operations may include the controller engine provided by the controller processing system in the networking device utilizing its wireless communication system to communicate with the controller system in the transceiver device via its wireless communication system, and other registers in the transceiver device, as well as providing configurations for other subsystems in the transceiver device).
Regarding claim 3, Narayanan teaches that receive, via the transceiver device connector when the transceiver device connector is connected to the first wireless transceiver information provisioning device connector on the first transceiver device that is connected to the first port, power (Fig. 2, 3 and pages 2, paragraphs 19 – pages 4, paragraphs 28).
Regarding claim 4, Narayanan teaches that the first transceiver information includes at least one of: transceiver device information for the first transceiver device, port information for the first port, and computing device information for a computing device that includes the first port (Fig. 2, 3 and pages 2, paragraphs 19 – pages 4, paragraphs 28).
Regarding claim 7, Narayanan teaches all the limitation as discussed in claim 1. Furthermore, Narayanan further teaches that a computing device including a first port (Fig. 2, 5), a first transceiver device that is connected to the first port and that includes a first wireless transceiver information provisioning device connector (Fig. 6, 7, 8 and pages 2, paragraphs 28 – pages 5, paragraphs 33), and a first wireless transceiver information provisioning device that includes a transceiver device connector that is connected to the first wireless transceiver information provisioning device connector (Fig. 6, 7, 8 and pages 2, paragraphs 28 – pages 5, paragraphs 33), wherein the wireless transceiver information provisioning device is configured to: receive, via the transceiver device connector, first transceiver information associated with the first transceiver device (Fig. 6, 7, 8 and pages 2, paragraphs 28 – pages 5, paragraphs 33).
Regarding claim 9, Narayanan teaches all the limitation as discussed in claims 1 and 3.
Regarding claim 10, Narayanan teaches all the limitation as discussed in claims 1 and 4.
Regarding claim 14, Narayanan teaches all the limitation as discussed in claims 1 and 7. Furthermore, Narayanan teaches that connecting, by a first wireless transceiver information provisioning device via a transceiver device connector on the first wireless transceiver information provisioning device (Fig. 6, 7, 8 and pages 2, paragraphs 28 – pages 5, paragraphs 33), to a first wireless transceiver information provisioning device connector on a first transceiver device that is connected to a first port on a computing device (Fig. 6, 7, 8 and pages 2, paragraphs 28 – pages 5, paragraphs 33), receiving, by the first wireless transceiver information provisioning device via the transceiver device connector, first transceiver information associated with the first transceiver device (Fig. 2, 3 and pages 2, paragraphs 18 – pages 3, paragraphs 25, where teaches wireless identification system may be mechanically connected to the port /transceiver/networking device by a mechanical connection, the mechanical connection may be any type of connection, and allows the wireless identification system to be released from the port/networking device, and transceiver subsystems may be provided in the chassis also houses a driver that is coupled to connections that configured to transmit data signals via the transceiver device between devices coupled to the transceiver device), storing, by the first wireless transceiver information provisioning device, the first transceiver information (Fig. 2, 4 and pages 4, paragraphs 29 – pages 5, paragraphs 30, where teaches identification information stored on the wireless identification system), wirelessly receiving, by the first wireless transceiver information provisioning device from a first wireless device, a transceiver information request (Fig. 6, 7, 8 and pages 2, paragraphs 28 – pages 5, paragraphs 33, where teaches provisioning operations that include the controller processing system utilizing the wireless communication system in the networking device to provide configuration information on the transceiver device, and the provisioning operations may include the controller engine provided by the controller processing system in the networking device utilizing its wireless communication system to communicate with the controller system in the transceiver device via its wireless communication system, and other registers in the transceiver device, as well as providing configurations for other subsystems in the transceiver device), and wirelessly transmitting, by the first wireless transceiver information provisioning device to the first wireless device in response to receiving the transceiver information request, the first transceiver information (Fig. 6, 7, 8 and pages 2, paragraphs 28 – pages 5, paragraphs 33).
Regarding claim 16, Narayanan teaches all the limitation as discussed in claims 1 and 3.
Regarding claim 17, Narayanan teaches all the limitation as discussed in claims 1 and 4.
Allowable Subject Matter
5. Claims 5-6, 11-13, and 18-20 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 prior art of record fails to disclose the limitation “the wireless communication subsystem is configured to: wirelessly receive, from the first wireless device, a peer wireless connection establishment instruction, and establish, in response to receiving the peer wireless connection establishment instruction, a peer wireless connection with a peer wireless transceiver information provisioning device, and wirelessly transmit, to the peer wireless transceiver information provisioning device subsequent to establishing the peer wireless connection, the first transceiver information” as specified the claims.
Conclusion
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J.L
July 17, 2026
John J Lee
/JOHN J LEE/
Primary Examiner, Art Unit 2649
Prosecution Insights