DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
The Application Data Sheet (ADS) appears to contradict documentation related to the corresponding PCT application.
The PCT request form (P.N.101.CONV) included with the current application appears to indicate that the priority application for the PCT was U.S. Application No. 17/745,099. However, the Application Data Sheet appears to indicate Application No. 11/847,519 as the priority application. The ‘519 application does not appear to be related to the current application.
It may be necessary to submit a new ADS in order to rectify this issue.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 2606-B.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 1740.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In paragraph 189, line 9, “2606-B” should be -2608-B-.
Appropriate correction is required.
Claim Objections
Claims 59-70 are objected to because of the following informalities:
In claim 59, line 1, “comprising” should be -comprises-.
In claim 61, line 2, “packet comprises” should be -packet comprising- or -packet that comprises-.
In claim 62, line 5, “device;” should be -device; and-,
Appropriate correction is required.
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 53-61 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11,847,519 (hereafter referred to as “the ‘519 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the disclosure of the ‘519 patent anticipates the invention as claimed in current claims 53-61.
Current claims 53-61
Claims 1-7, ‘519 patent
53. A tag comprising: a communications interface configured to receive and transmit data over Bluetooth low energy (BLE);
1. A tag being configured to communicate with a device, the tag comprising: a communications interface configured to receive and transmit data over Bluetooth low energy (BLE);
a processor configured to: generate at least one data packet, the at least one data packet comprising at least a unique tag identification (ID) associated with the tag and a device ID associated with a device to which the at least one data packet is intended;
a processor configured to: generate a plurality of data packets, each data packet of the plurality of the data packets comprising at least a unique tag identification (ID) associated with the tag, a device ID associated with the device to which each data packet is intended, and a unique data packet ID;
receive a time slot via one-way BLE communication from the device, the time slot assigned by the device, the time slot defining a period of time during which the tag is configured to transmit and to receive data; and
receive a time slot via one-way BLE communication from the device, the time slot being assigned by the device and defining a period of time during which the tag is configured to transmit and to receive data; and
broadcast the at least one data packet via one-way BLE communication using the communication interface during the time slot, the at least one data packet configured to be recognized by the receiving device by the device ID of the at least one data packet;
broadcast the plurality of data packets via one-way BLE communication using the communication interface during the time slot, each data packet being configured to be received and recognized by the device on the basis of the device ID of each data packet;
receive the data packet ID of each of the data packets that was not received by the device; broadcast again each data packet that was not received via the one-way BLE communication using the communication interface during the time slot;
a memory configured to store the unique tag ID; and
a memory configured to store the unique tag ID; and
a power source.
a power source.
54. The tag of claim 53, wherein the processor is further configured for: generating at least one discovery packet, the at least one discovery packet comprising at least the unique tag ID;
2. The tag of claim 1, wherein the processor is further configured for: generating at least one discovery packet, the at least one discovery packet comprising at least the unique tag ID;
broadcasting the at least one discovery packet via the one-way BLE communication using the communication interface; and
broadcasting the at least one discovery packet via the one-way BLE communication using the communication interface; and
receiving a discovery confirmation packet including the time slot and the device ID.
receiving a discovery confirmation packet including the time slot and the device ID.
55. The tag of claim 53, wherein the processor is further configured for powering the communication interface only during the time slot.
3. The tag of claim 1, wherein the processor is further configured for powering the communication interface only during the time slot.
56. The tag of claim 53, wherein the time slot assigned to the tag repeats at predetermined intervals.
4. The tag of claim 1, wherein the time slot assigned to the tag repeats at predetermined intervals.
57. The tag of claim 53, wherein the at least one data packet further comprises sensor data, the sensor data being received from at least one sensor.
5. The tag of claim 1, wherein each data packet further comprises sensor data, the sensor data being received from at least one sensor.
58. The tag of claim 57, further comprising the at least one sensor, the sensor being configured to sense at least one parameter to generate the sensor data.
6. The tag of claim 5, further comprising the at least one sensor, the sensor being configured to sense at least one parameter to generate the sensor data.
59. The tag of claim 53, wherein the at least one data packet comprising a plurality of data packets, each one of the data packets comprising a respective data packet ID.
60. The tag of claim 59, wherein the processor is further configured for: receiving an identification of at least one of the data packets that was not received by the device; and broadcasting again the at least one of the data packets that was not received via the one-way BLE communication using the communication interface during the time slot assigned to the tag.
61. The tag of claim 60, wherein said receiving the identification comprises receiving a confirmation packet comprises one bit for each one of the data packets, each bit indicating whether its corresponding data packet has been received.
7. The tag of claim 1, wherein said receiving the identification comprises receiving a confirmation packet comprises one bit for each one of the data packets, each bit indicating whether its corresponding data packet has been received.
Both the current independent claim 53 and claim 1 of the ‘519 patent disclose a tag comprising: a communications interface configured to receive and transmit data over Bluetooth low energy (BLE); a processor configured to: generate at least one data packet, the at least one data packet comprising at least a unique tag identification (ID) associated with the tag and a device ID associated with a device to which the at least one data packet is intended; a processor configured to: generate at least one data packet, the at least one data packet comprising at least a unique tag identification (ID) associated with the tag and a device ID associated with a device to which the at least one data packet is intended; receive a time slot via one-way BLE communication from the device, the time slot assigned by the device, the time slot defining a period of time during which the tag is configured to transmit and to receive data; and broadcast the at least one data packet via one-way BLE communication using the communication interface during the time slot, the at least one data packet configured to be recognized by the receiving device by the device ID of the at least one data packet; a memory configured to store the unique tag ID; and a power source.
Both the current claim 59 and claim 1 of the ‘519 patent disclose the at least one data packet comprising a plurality of data packets, each one of the data packets comprising a respective data packet ID.
Both the current claim 60 and claim 1 of the ‘519 patent disclose the receiving an identification of at least one of the data packets that was not received by the device; and broadcasting again the at least one of the data packets that was not received via the one-way BLE communication using the communication interface during the time slot assigned to the tag.
Claim 1 of the ‘519 patent further discloses the tag being configured to communicate with the device. The current claim 53 does not appear to explicitly disclose this.
Current claims 53 and 59-60 do not disclose the same invention as claim 1 of the ‘519 patent. However, as shown above, their respective inventions are anticipated by the disclosure of claim 1 of the ‘519 patent Therefore, they are rejected on the ground of nonstatutory anticipation-type double patenting.
As shown above, claims 54-58 and 61 appear to have similar disclosures to those of claims 2-7 of the ‘519 patent. Based on the rejection of independent claim 53, these claims are similarly rejected on the ground of nonstatutory anticipation-type double patenting.
Claims 62-70 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-14 of the ‘519 patent. Although the claims at issue are not identical, they are not patentably distinct from each other because the disclosure of the ‘519 patent anticipates the invention as claimed in current claims 62-70.
Current claims 62-70
Claims 8-14, ‘519 patent
62. A device for identifying a tag, the device comprising: a communication interface configured to receive and transmit data over Bluetooth low energy (BLE);
8. A device for identifying a tag, the device being configured to communicate with the tag, the device comprising: a communication interface configured to receive and transmit data over Bluetooth low energy (BLE);
a memory for storing at least a device identification (ID) associated with the at least one device;
a memory for storing at least a device identification (ID) associated with the at least one device;
at least one processor configured for: determining a time slot, the time slot defining a period of time during which a tag is configured to transmit and receive data;
at least one processor configured for: determining a time slot, the time slot defining a period of time during which a tag is configured to transmit and receive data;
broadcasting the time slot and the device ID via one-way BLE communication;
broadcasting the time slot and the device ID via one-way BLE communication;
receiving, via one-way Bluetooth low energy (BLE) communication, at least one data packet broadcasted by the tag during the assigned time slot, the at least one data packet including the device ID;
receiving, via one-way Bluetooth low energy (BLE) communication, a plurality of data packets broadcasted by the tag during the assigned time slot each data packet of the plurality of data packets including the device ID and a unique data packet ID;
recognizing the device ID of the at least one data packet and if the device ID of the at least one data packet is associated with the device ID of the device: identifying the tag based on the at least one data packet; and
recognizing the device ID of each data packet and if the device ID of each data packet is associated with the device ID of the device: identifying the tag based on the at least one data packet;
outputting the identification of the tag.
outputting the identification of the tag;
determining whether at least one additional packet that was sent by the tag has not been received; and
if at least one additional packet is identified by the gateway as having not been received, the concentrator further configured for: broadcasting the identification of at least one non-received packet along with the unique tag ID and the concentrator ID via the one-way BLE communication during the time slot.
63. The device of claim 62, wherein the at least one data packet comprises at least a unique tag ID associated with the tag and the device ID.
9. The device of claim 8, wherein the each data packet further comprises at least a unique tag ID associated with the tag and the device ID.
64. The device of claim 62, wherein the time slot assigned to the tag repeats at predetermined intervals.
10. The device of claim 8, wherein the time slot assigned to the tag repeats at predetermined intervals.
65. The device of claim 64, wherein the processor is configured for, prior to said determining the time slot: receiving a discovery packet broadcasted by the tag, the discovery packet comprising at least the unique tag ID, wherein said determining the time slot is performed in response to said receiving the discovery packet and said broadcasting the time slot comprises generating a discovery confirmation packet comprising the time slot and the device ID and broadcasting the discovery confirmation packet via the one-way BLE communication.
11. The device of claim 8, wherein the processor is configured for, prior to said determining the time slot: receiving a discovery packet broadcasted by the tag, the discovery packet comprising at least the unique tag ID, wherein said determining the time slot is performed in response to said receiving the discovery packet and said broadcasting the time slot comprises generating a discovery confirmation packet comprising the time slot and the device ID and broadcasting the discovery confirmation packet via the one-way BLE communication.
66. The device of claim 62, wherein the at least one data packet further comprises sensor data, the processor being further configured for one of: storing the sensor data and the unique tag ID on the memory; and transmitting the sensor data and the unique tag ID to an external server.
12. The device of claim 8, wherein each data packet further comprises sensor data, the processor being further configured for one of: storing the sensor data and the unique tag ID on the memory; and transmitting the sensor data and the unique tag ID to an external server.
67. The device of claim 62, wherein the at least one data packet comprising a plurality of data packets, each one of the data packets comprising a respective data packet ID.
68. The device of claim 67, wherein the processor is further configured for: identifying at least one additional packet that was sent by the tag and is missing from the received data packets, thereby identifying at least one non-received packet; and broadcasting the identification of the at least one non-received packet along with the unique tag ID and the device ID via the one-way BLE communication during the time slot.
69. The device of claim 68, wherein the processor is configured for: generating a confirmation packet being indicative of the data packet ID of the data packets that were received by the device, the identification of the at least one non-received packet, the unique tag ID and the device ID; and broadcasting the confirmation packet via the one-way BLE communication during the time slot.
13. The device of claim 8, wherein the processor is configured for: generating a confirmation packet being indicative of the data packet ID of the data packets that were received by the device, the identification of the at least one non-received packet, the unique tag ID and the device ID; and broadcasting the confirmation packet via the one-way BLE communication during the time slot.
70. The device of claim 69, wherein the confirmation packet comprises a plurality of bits each associated with a respective packet, the packet being one of: one of the data packets and one of the at least one non-received packet, each bit indicating whether its respective packet has been received.
14. The device of claim 13, wherein the confirmation packet comprises a plurality of bits each associated with a respective packet, the packet being one of: one of the data packets and one of the at least one non-received packet, each bit indicating whether its respective packet has been received.
Both the current claim 62 and claim 8 of the ‘519 patent disclose a device for identifying a tag, the device comprising: a communication interface configured to receive and transmit data over Bluetooth low energy (BLE); a memory for storing at least a device identification (ID) associated with the at least one device; at least one processor configured for: determining a time slot, the time slot defining a period of time during which a tag is configured to transmit and receive data; broadcasting the time slot and the device ID via one-way BLE communication; receiving, via one-way Bluetooth low energy (BLE) communication, at least one data packet broadcasted by the tag during the assigned time slot, the at least one data packet including the device ID; recognizing the device ID of the at least one data packet and if the device ID of the at least one data packet is associated with the device ID of the device: identifying the tag based on the at least one data packet; and outputting the identification of the tag.
Both the current claim 67 and claim 8 of the ‘519 patent disclose wherein the at least one data packet comprising a plurality of data packets, each one of the data packets comprising a respective data packet ID.
Both the current claim 68 and claim 8 of the ‘519 patent disclose wherein the processor is further configured for: identifying at least one additional packet that was sent by the tag and is missing from the received data packets, thereby identifying at least one non-received packet; and broadcasting the identification of the at least one non-received packet along with the unique tag ID and the device ID via the one-way BLE communication during the time slot.
Claim 8 of the ‘519 patent further discloses the device being configured to communicate with the tag. The current claim 62 does not appear to explicitly disclose this.
Based on this, the current claim 8 of the ‘519 patent appears to anticipate the current claims 62 and 67-68. Based on this, current claims 62 and 67-68 are rejected on the ground of nonstatutory anticipation-type double patenting.
As shown above, current claims 63-66 and 69-70 appear to have similar disclosures to those of claims 9-14 of the ‘519 patent. Based on the rejection of independent claim 62, these claims are similarly rejected on the ground of nonstatutory anticipation-type double patenting.
Allowable Subject Matter
Claims 53-70 appear to comprise allowable subject matter, but they cannot be allowed at this time due to nonstatutory double patenting issues.
The following is a statement of reasons for the indication of allowable subject matter:
Referring to independent claim 53, the prior art of record does not appear to anticipate, explicitly teach, or fairly suggest a processor configured to broadcast the at least one data packet via one-way BLE communication using the communication interface during the time slot, the at least one data packet configured to be recognized by the receiving device by the device ID of the at least one data packet.
Further, it would not have been obvious to combine the above limitations with the remaining limitations of the claim.
Sambhwani et al. (US 2009/0185528) discloses memory that can additionally store protocols and/or algorithms associated with estimating and/or utilizing a channel, and regulating scheduling information associated with exclusive use of the shared resource. However, it does not appear to disclose the subject matter determined to be allowable.
Gilson et al. (US 2017/0063705) discloses wherein data packets containing the same or similar jitter ID may be recognized by other computing devices as being associated with a specified application and/or data flow. However, it does not appear to disclose the subject matter determined to be allowable.
Elg et al. (DE-69930612-T2) discloses transmitting a response to the wireless master unit during a subsequent slave-to-master time slot if the beacon packet paging message contained the unique identifier associated with the wireless slave unit. However, it does not appear to disclose the subject matter determined to be allowable.
Note that independent claim 62 contains the corresponding limitations of claim 53 as shown above; therefore, it is determined to contain allowable subject matter by the same reasoning accordingly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sambhwani et al. (US 2009/0185528) discloses memory that can additionally store protocols and/or algorithms associated with estimating and/or utilizing a channel, and regulating scheduling information associated with exclusive use of the shared resource.
Gilson et al. (US 2017/0063705) discloses wherein data packets containing the same or similar jitter ID may be recognized by other computing devices as being associated with a specified application and/or data flow.
Elg et al. (DE-69930612-T2) discloses transmitting a response to the wireless master unit during a subsequent slave-to-master time slot if the beacon packet paging message contained the unique identifier associated with the wireless slave unit.
However, these references do not appear to anticipate or explicitly teach the subject matter determined to be allowable.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN B ROCHE whose telephone number is (571)270-1721. The examiner can normally be reached Monday-Friday, 10:30 - 7.
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/J.B.R/Examiner, Art Unit 2184
/HENRY TSAI/Supervisory Patent Examiner, Art Unit 2184