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 Claims
Claims 1-20 are currently pending in application 18/810,733.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/21/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 claims at issue 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) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,106,336. Although the claims at issue are not identical, they are not patentably distinct from each other because both inventions disclose the same or equivalent elements for a customer facing media and renewable technology integrator assembly.
19/425,978
US 12,106,336 B2 (17/119,672)
1. A customer engagement platform assembly comprising:
a support post configured to be secured to a terrain, a girder disposed in and fixedly secured to the support post,
[15. The customer engagement platform assembly of claim 1, wherein the support post comprising a shell surrounding the girder.]
the support post being secured to the girder by radially extending arms, the shell comprising two semi-circular portions adjoined to one another at first seams;
a frame having a hollow interior defined by a height extension section, the height extension section comprising at least two portions, the frame being removably secured to the support post, the height extension section having a display mounting section formed therein and a cover extending over a top portion of the display mounting section, the girder extending into the hollow interior of the frame;
[19. The customer engagement platform assembly of claim 1, further comprising a flange attached to a bottom surface of the height extension section, the flange removably securing a bottom portion of the height extension section to a top portion of the support post.]
[20. The customer engagement platform assembly of claim 19, wherein the height extension section and the flange are each formed of two portions that adjoin at second seams, which provide access to an internal area inside the height extension section.]
at least one audio video communication device disposed in the display mounting section, the at least one audio video communication device
being configured for communicating information therefrom;
[4. The customer engagement platform assembly of claim 1, wherein and the frame houses the at least one audio video communication device and supports an electrical power supply and a control unit both of which are in the hollow interior of the frame and in communication with the at least one audio video communication device.]
a bracket system in fixed relation to the girder, located at least partially inside the frame and extending through the frame, the at least one audio video communication device being removably secured to the bracket system; and
the girder extending upwardly out of the cover and an uppermost end of the support post being connected to a canopy structure which is located above the cover.
2. The customer engagement platform assembly of claim 1, wherein the display mounting section has a substantially cylindrical exterior surface and the at least one audio video communication device has an arcuate shape complementary to the cylindrical exterior surface of the mounting section.
3. The customer engagement platform assembly of claim 1, wherein the display mounting section has a rectangular cross section and has at least two flat exterior surfaces and the at least one audio video communication device has a flat shape complementary to the at least two flat exterior surfaces of the mounting section.
5. The customer engagement platform assembly of claim 1, further comprising at least one electric vehicle charging station disposed on the frame and in electrical communication with the power supply, the at least one electric vehicle charging station being configured to charge a battery for an electric vehicle.
6. The customer engagement platform assembly of claim 4, wherein the control unit comprises at least one of network equipment, communication protocols, Internet protocol address targeting, geo-fencing, geo-targeting, online behavioral targeting, text bot and apps enabled communication protocols.
7. The customer engagement platform assembly of claim 1, wherein the canopy structure comprises a first deck and a second deck fixed to one another along a valley.
8. The customer engagement platform assembly of claim 1, wherein the canopy structure comprises an upwardly facing mounting surface having at least one of a fabric and a metal substrate configured to provide shading and weather protection for the customer engagement platform assembly.
9. The customer engagement platform assembly of claim 1, wherein the canopy structure comprises an upwardly facing mounting surface having at least one solar photovoltaic module configured to receive energy from light rays and convert the energy into electricity.
10. The customer engagement platform assembly of claim 9, wherein the at least one solar photovoltaic module is in electrical communication with the electrical power supply and the control unit both of which are in communication with the at least one audio video communication device.
11. The customer engagement platform assembly of claim 10, further comprising at least one electric vehicle charging station disposed on the frame and in electrical communication with the electrical power supply, the at least one electric vehicle charging station being configured to charge a battery for an electric vehicle.
12. The customer engagement platform assembly of claim 9, wherein the at least one solar photovoltaic module is in electrical communication with at least one of a utility electric grid, a battery storage device and a remote electrical load spaced apart from the customer engagement platform assembly.
13. The customer engagement platform assembly of claim 1, wherein the height extension section has at least one access feature configured to provide access to the internal area inside the height extension section.
14. The customer engagement platform assembly of claim 13, wherein the at least one access feature comprises at least one of an access port, a window, a hinged door and a multiple piece assembly.
16. An arrangement of customer engagement platform assemblies according to claim 1, the arrangement comprising a first vehicle transient location located on a terrain and a second vehicle transient location located on the terrain, the first vehicle transient location being positioned adjacent to the second vehicle transient location;
the customer engagement platform assembly positioned at a junction between the first vehicle transient location and the second vehicle transient location, the customer engagement platform assembly comprising a first of the at least one audio video communication device and a second of the at least one audio video communication device, the first of the at least one audio video communication device being positioned towards and viewable from the first vehicle transient location and the second of the at least one audio video communication device being positioned towards and viewable from the second vehicle transient location.
17. The arrangement of customer engagement platform assemblies of claim 16, further comprising at least one electric vehicle charging station disposed on the customer engagement platform assembly, the at least one electric vehicle charging station being accessible from at least one of the first vehicle transient location and the second vehicle transient location.
18. The customer engagement platform assembly of claim 1, wherein the radially extending arms extend through the height extension section and are secured to the at least one audio video communication device.
1. A customer engagement platform assembly comprising:
a support post configured to be secured to a terrain, a girder disposed in and fixedly secured to the support post,
the support post comprising a shell surrounding the girder and
secured to the girder by radially extending arms, the shell comprising two semi-circular portions adjoined to one another at first seams;
a frame having a hollow interior defined by a height extension section, the height extension section comprising at least two portions, the frame being removably secured to the support post, the height extension section having a display mounting section formed therein and a cover extending over a top portion of the display mounting section, the girder extending into the hollow interior of the frame,
a flange attached to a bottom surface of the height extension section, the flange removably securing a bottom portion of the height extension section to a top portion of the support post,
the height extension section and the flange are each formed of two portions that adjoin at second seams, which provide access to an internal area inside the height extension section;
at least one audio video communication device disposed in the display mounting section, the at least one audio video communication device
being configured for communicating information therefrom,
and the frame houses the at least one audio video communication device and supports an electrical power supply and a control unit both of which are in the hollow interior of the frame and in communication with the at least one audio video communication device;
a bracket system in fixed relation to the girder, located at least partially inside the frame and extending through the frame, the at least one audio video communication device being removably secured to the bracket system; and
the girder extending upwardly out of the cover and an uppermost end of the support post being connected to a canopy structure which is located above the cover.
2. The customer engagement platform assembly of claim 1, wherein the display mounting section has a substantially cylindrical exterior surface and the at least one audio video communication device has an arcuate shape complementary to the cylindrical exterior surface of the mounting section.
3. The customer engagement platform assembly of claim 1, wherein the display mounting section has a rectangular cross section and has at least two flat exterior surfaces and the at least one audio video communication device has a flat shape complementary to the at least two flat exterior surfaces of the mounting section.
4. The customer engagement platform assembly of claim 1, further comprising at least one electric vehicle charging station disposed on the frame and in electrical communication with the power supply, the at least one electric vehicle charging station being configured to charge a battery for an electric vehicle.
5. The customer engagement platform assembly of claim 1, wherein the control unit comprises at least one of network equipment, communication protocols, Internet protocol address targeting, geo-fencing, geo-targeting, online behavioral targeting, text bot and apps enabled communication protocols.
6. The customer engagement platform assembly of claim 1, wherein the canopy structure comprises a first deck and a second deck fixed to one another along a valley.
7. The customer engagement platform assembly of claim 1, wherein the canopy structure comprises an upwardly facing mounting surface having at least one of a fabric and a metal substrate configured to provide shading and weather protection for the customer engagement platform assembly.
8. The customer engagement platform assembly of claim 1, wherein the canopy structure comprises an upwardly facing mounting surface having at least one solar photovoltaic module configured to receive energy from light rays and convert the energy into electricity.
9. The customer engagement platform assembly of claim 8, wherein the at least one solar photovoltaic module is in electrical communication with the electrical power supply and the control unit both of which are in communication with the at least one audio video communication device.
10. The customer engagement platform assembly of claim 9, further comprising at least one electric vehicle charging station disposed on the frame and in electrical communication with the electrical power supply, the at least one electric vehicle charging station being configured to charge a battery for an electric vehicle.
11. The customer engagement platform assembly of claim 8, wherein the at least one solar photovoltaic module is in electrical communication with at least one of a utility electric grid, a battery storage device and a remote electrical load spaced apart from the customer engagement platform assembly.
12. The customer engagement platform assembly of claim 1, wherein the height extension section has at least one access feature configured to provide access to the internal area inside the height extension section.
13. The customer engagement platform assembly of claim 12, wherein the at least one access feature comprises at least one of an access port, a window, a hinged door and a multiple piece assembly.
14. An arrangement of customer engagement platform assemblies according to claim 1, the arrangement comprising a first vehicle transient location located on a terrain and a second vehicle transient location located on the terrain, the first vehicle transient location being positioned adjacent to the second vehicle transient location;
the customer engagement platform assembly positioned at a junction between the first vehicle transient location and the second vehicle transient location, the customer engagement platform assembly comprising a first of the at least one audio video communication device and a second of the at least one audio video communication device, the first of the at least one audio video communication device being positioned towards and viewable from the first vehicle transient location and the second of the at least one audio of the video communication device being positioned towards and viewable from the second vehicle transient location.
15. The arrangement of customer engagement platform assemblies of claim 14, further comprising at least one electric vehicle charging station disposed on the customer engagement platform assembly, the at least one electric vehicle charging station being accessible from at least one of the first vehicle transient location and the second vehicle transient location.
16. The customer engagement platform assembly of claim 1, wherein the radially extending arms extend through the height extension section and are secured to the at least one audio video communication device.
Claim Rejections - 35 USC § 112 (b)
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.
Claims 1-20 rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “the shell” which contains insufficient antecedent basis. Correction for proper antecedent basis is requested.
Claim 2 recites “the mounting section” which contains insufficient antecedent basis. Correction for proper antecedent basis is requested.
Claim 3 recites “the mounting section” which contains insufficient antecedent basis. Correction for proper antecedent basis is requested.
Claim 5 recites “the power supply” which contains insufficient antecedent basis. Correction for proper antecedent basis is requested.
Claim 10 recites “the electrical power supply” and “the control unit”, both of which contains insufficient antecedent basis. Correction for proper antecedent basis is requested.
Claim 11 recites “the electrical power supply” which contains insufficient antecedent basis. Correction for proper antecedent basis is requested.
Claim 13 recites “the internal area” which contains insufficient antecedent basis. Correction for proper antecedent basis is requested.
Claims 2-19 are also rejected as being dependent from claim 1, under the same rationale and reasoning as identified above.
Allowable Subject Matter
Claims 1-20 are allowed over the prior art.
The following is an examiner’s statement of reasons for allowance:
All previous rejections are withdrawn due to Applicant’s amendments and arguments.
The present invention is directed to a customer engagement platform assembly. Each independent claim identifies the following uniquely distinct features: “a support post configured to be secured to a terrain, a girder disposed in and fixedly secured to the support post, the support post being secured to the girder by radially extending arms, the shell comprising two semi-circular portions adjoined to one another at first seams; a frame having a hollow interior defined by a height extension section, the height extension section comprising at least two portions, the frame being removably secured to the support post, the height extension section having a display mounting section formed therein and a cover extending over a top portion of the display mounting section, the girder extending into the hollow interior of the frame; at least one audio video communication device disposed in the display mounting section, the at least one audio video communication device being configured for communicating information therefrom; a bracket system in fixed relation to the girder, located at least partially inside the frame and extending through the frame, the at least one audio video communication device being removably secured to the bracket system; and the girder extending upwardly out of the cover and an uppermost end of the support post being connected to a canopy structure which is located above the cover.”
The closest prior art, Mackler et al. (US 2015/0113987 A1) and Thramann et al. (US 2016/0294022 A1) disclose(s) conventional customer platform assemblies. Mackler discloses a support post configured to be secured to a terrain, a girder disposed in and fixedly secured to the support post, the support post being secured to the girder by radially extending arms (See at least Figs.21-24, Abstract, “…vertical columns inserted into at least a first portion of the bore holes, wherein: crossbeams are installed on an upper portion of a vertical column to form a support structure; and a canopy is connected to the crossbeams, wherein the canopy is formed from multiple attached photovoltaic modules and thermal tubes are integrated with the photovoltaic modules…”; Para 0034, 0075-0080, 0085-0091); a frame having a hollow interior (See at least Figs.21-24; Abstract, Para 0066, “FIG. 22 is an illustrative example of a column cover that includes advertising or branding in accordance with some embodiments of the disclosed subject matter.”; Para 0092, “In some embodiments, the vertical support column can have a hollow interior, where additional pipes, wiring, or other connectors can be routed through the hollow interior of the vertical support column.”); and at least one audio video communication device disposed in the display mounting section, the at least one audio video communication device being configured for communicating information therefrom (See at least Para 0021, 0045 and 0121-0123). Thramann also discloses a support post configured to be secured to a terrain, a girder disposed in and fixedly secured to the support post, the support post being secured to the girder by radially extending arms (See at least Fig.1, and Para 0049, “… a solar power canopy 100 is shown. Solar power canopy 100 is shown with a central support structure 102 comprising a vertical strut 104 having an exposed portion 106 and a buried portion 108. The buried portion may be below ground or connected to a foundation of a building, parking lot, etc. In other words, the buried portion 108 may alternatively be a flanged connection to a foundation. The central support structure 102 further has two horizontal support struts 110 extending from the vertical strut 104. The vertical strut 104 and two horizontal support struts 110 form a generally “T” shaped support structure. As shown, the horizontal support struts 110 form a generally “V” shape although flat or an inverted “V” shape among other shapes are possible. A roof 112 is formed over and supported by the horizontal support struts 110. Arranged on the roof 112 are photovoltaic panels 114, which are sometimes referred to as solar panels or simply panels. …”. However, Mackler and Thramann (singularly or in combination) fail to anticipate or render the above underlined limitations obvious.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN P OUELLETTE whose telephone number is (571)272-6807. The examiner can normally be reached on M-F 8am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda C Jasmin, can be reached at telephone number (571) 272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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March 6, 2026
/JONATHAN P OUELLETTE/Primary Examiner, Art Unit 3629