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
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 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,119,875. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 of the present application are an obvious subset of the limitations presented in claims 1-20 of US Pat No. 12,119,875.
The following table illustrates the conflicting claim pairs:
Present App.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
US Pat 12,119,875
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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 US Pat 12,119,875. The differences have been bolded for purposes of clarity.
Claim 1 of Present Application
Claim 1 of US Pat 12,119,875
A detector system for an optical communication system for receiving data through a variably refractive medium, the detector system comprising:
A detector system for an optical communication system for receiving data through a variably refractive medium, the detector system comprising:
a controller, wherein the controller is configured to:
a plurality of detectors; a routing system that includes optical components and/or fiber components, wherein the routing system transmits an inbound beam of light to a first set of detectors of the plurality of detectors; and a controller, wherein the controller is configured to:
obtain one or more control parameters; determine whether a re-configuration condition is satisfied based on the one or more control parameters;
obtain one or more control parameters; determine whether a re-configuration condition is satisfied based on the one or more control parameters;
in response to determining the re-configuration condition is satisfied, determine a system re-configuration from a first state to a second state,
in response to determining the re-configuration condition is satisfied, determine a system re-configuration from a first state to a second state,
wherein the first state is an active state of an optical communication system for causing an inbound beam of light to be directed to a first set of detectors of a plurality of detectors,
wherein the first state is an active state of the optical communication system for causing the inbound beam of light to be directed to the first set of detectors,
and the second state is new state of the optical communication system for causing the inbound beam of light to be directed to a second set of detectors of the plurality of detectors;
and the second state is new state of the optical communication system for causing the inbound beam of light to be directed to a second set of detectors;
and perform the system re-configuration to the second state.
and perform the system re-configuration to the second state.
As the table above illustrates, all the limitations of claim 1 of the present application are taught by claim 1 of US Pat 12,119,875.
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 US Pat 12,119,875, as anticipation of all limitations is tantamount to obviousness.
The following table illustrates a mapping of the limitations of claim 20 of the present application when compared against the limitations of claim 20 of US Pat 12,119,875. The differences have been bolded for purposes of clarity.
Claim 20 of Present Application
Claim 20 of US Pat 12,119,875
A non-transitory computer readable medium storing instructions that, when executed by at least one processor, cause the at least one processor to implement a computer-implemented method of optically transmitting data through a variably refractive medium, the computer-implemented method comprising:
A non-transitory computer readable medium storing instructions that, when executed by at least one processor, cause the at least one processor to implement a computer-implemented method of optically transmitting data through a variably refractive medium, the computer-implemented method comprising:
determining whether a re-configuration condition is satisfied;
obtaining one or more control parameters; determining whether a re-configuration condition is satisfied based on the one or more control parameters;
in response to determining the re-configuration condition is satisfied, determining a system re-configuration from a first state to a second state,
in response to determining the re-configuration condition is satisfied, determining a system re-configuration from a first state to a second state,
wherein the first state is an active state of a free-space optical system for causing an inbound beam of light to be directed to a first set of detectors,
wherein the first state is an active state of a free-space optical system for causing an inbound beam of light to be directed to a first set of detectors,
and the second state is new state of the free-space optical system for causing the inbound beam of light to be directed to a second set of detectors;
and the second state is new state of the free-space optical system for causing the inbound beam of light to be directed to a second set of detectors;
and performing the system re-configuration to the second state.
and performing the system re-configuration to the second state.
As the table above illustrates, all the limitations of claim 20 of the present application are taught by claim 20 of US Pat 12,119,875.
Thus, claim 20 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 20 of US Pat 12,119,875, as anticipation of all limitations is tantamount to obviousness.
Conclusion
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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/HIBRET A WOLDEKIDAN/Primary Examiner, Art Unit 2635