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 .
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. Claim 1 lines 9,18, Claims 3,6, and 12 recite, “connection enabler”. It is unclear what the applicant referring as a connection enabler. The specification does not clearly explain what a connection enabler mean. Is it a switch, a connecter, a transceiver, a memory, a controller…? The term “connection enabler” is indefinite. Further the term “proximity” in claim 1 line 20 is a relative term which renders the claim indefinite. The term “proximity” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The location of the first device and the second device in the claim has been rendered indefinite by the use of the term “Proximity”.
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 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) may be 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).
Claims 1,2,4,5,9-20 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-4,6,7,12-20 of copending Application No. 18/870,238. Although the conflicting claims are not identical, they are not patentably distinct from each other because Claims 1-18, 20 of the present application are an obvious subset of the limitations presented in claims 1-4,6,7,12-20 of copending Application No. 18/870,238.
This is a provisional obviousness-type double patenting rejection.
The following table illustrates the conflicting claim pairs:
Present Application
1
2
4
5
9
10
11
12
13
14
15
16
17
18
19
20
App. No. 18/870,238
1
2
3
4
13
6
7
12
1
14
15
16
17
18
19
20
The following table illustrates a mapping of the limitations of claim 1 of the present application when compared against the limitations of claim 1 of copending Application No. 18/870,238. The differences have been bolded for purposes of clarity.
Claim 1 of Present Application
Claim 1 of copending Application No. 18/870,238
A first device for checking coverage of a fiber optic link of a fiber optic network,
A device for checking coverage of a fiber optic link of a fiber optic network,
the fiber optic link configured to connect an apparatus at a central office of a telecommunications service provider and terminal equipment located within the fiber optic network, the first device comprising:
the fiber optic link configured to connect an apparatus at a central office of a telecommunications service provider and terminal equipment within the fiber optic network, the device comprising:
a processing unit;
a processing unit;
a positioning unit;
a positioning unit;
a modem unit;
a modem unit;
and a connection enabler;
and a connection enabler;
wherein the modem unit being configured to be connected is configured to connect to the fiber optic link at the terminal equipment and is configured to retrieve first data indicating that the fiber optic link is established,
wherein the modem unit is configured to connect to the fiber optic link at the terminal equipment and is configured to retrieve data indicating that the fiber optic link is established,
wherein the positioning unit is configured to provide geographical coordinates of the first device,
wherein the positioning unit is configured to provide geographical coordinates of the device,
wherein the processing unit is configured to provide encrypted data by encrypting the first data indicating that the fiber optic link is established and the geographical coordinates of the first device,
wherein the processing unit is configured to provide encrypted data by encrypting the data indicating that the fiber optic link is established and the geographical coordinates of the device,
and wherein the connection enabler is configured to transmit the encrypted data to a second device when the second device is in proximity of the first device.
and wherein the connection enabler is configured to transmit the encrypted data to a coverage checking server via a mobile communication network.
As the table above illustrates, all the limitations of claim 1 of the present application are taught by claim 1 of copending Application No. 18/870,238.
Thus, claim 1 of the present application would have been obvious to one of ordinary skill in the art at the time of the invention in view of claim 1 of copending Application No. 18/870,238, as anticipation of all limitations is tantamount to obviousness.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Campbell et al.(US 11,101,884) discusses localization anomalies of a fiber optic network. Smithey et al. (US 8,019,353 B1) discusses method and system for reporting fiber optic delay for use in locating/positioning a wireless device. Bowler et al. (US 2013/0286852 A1) discusses a method of estimating a physical location of a network fault. Kozischek et al.(US 2013/0022350) discusses an optical-fiber-network (OFN) radio-frequency identification (RFID) method for deploying and/or provisioning service and/or locating faults in an optical-fiber-network.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIBRET A WOLDEKIDAN whose telephone number is (571)270-5145. The examiner can normally be reached 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID C PAYNE can be reached at (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIBRET A WOLDEKIDAN/Primary Examiner, Art Unit 2635
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