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
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,118,877. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of US Pat No. 12,118,877 anticipate the claims of the current application.
Claim 1 of the current application corresponds to claim 1 of US Pat No. 12,118,877.
Claim 2 of the current application corresponds to claim 2 of US Pat No. 12,118,877.
Claim 3 of the current application corresponds to claim 3 of US Pat No. 12,118,877.
Claim 4 of the current application corresponds to claim 4 of US Pat No. 12,118,877.
Claim 5 of the current application corresponds to claim 5 of US Pat No. 12,118,877.
Claim 6 of the current application corresponds to claim 6 of US Pat No. 12,118,877.
Claim 7 of the current application corresponds to claim 7 of US Pat No. 12,118,877.
Claim 8 of the current application corresponds to claim 8 of US Pat No. 12,118,877.
Claim 9 of the current application corresponds to claim 9 of US Pat No. 12,118,877.
Claim 10 of the current application corresponds to claim 10 of US Pat No. 12,118,877.
Claim 11 of the current application corresponds to claim 11 of US Pat No. 12,118,877.
Claim 12 of the current application corresponds to claim 12 of US Pat No. 12,118,877.
Claim 13 of the current application corresponds to claim 13 of US Pat No. 12,118,877.
Claim 14 of the current application corresponds to claim 14 of US Pat No. 12,118,877.
Claim 15 of the current application corresponds to claim 15 of US Pat No. 12,118,877.
Claim 16 of the current application corresponds to claim 16 of US Pat No. 12,118,877.
Claim 17 of the current application corresponds to claim 17 of US Pat No. 12,118,877.
Claim 18 of the current application corresponds to claim 18 of US Pat No. 12,118,877.
Claim 19 of the current application corresponds to claim 19 of US Pat No. 12,118,877.
Claim 20 of the current application corresponds to claim 20 of US Pat No. 12,118,877.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 5, 6, 8-12, 15, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Page et al. (US Pub No. 2013/0271264) and Weir (US Pub No. 2016/0260958).
Regarding claim 1, Page teaches a portable alert device (See abstract), comprising: base component housing:
a transceiver connected to alert components (See abstract, Fig. 5, 502 and [0055]), and
the alert components including an audible alarm and a button connected to the transceiver (See abstract and [0058]),
wherein selection of the button effectuates communication alerts to one or more recipients (See abstract, [031]-[0032], and [0036] teaches an alarm that sends a message or call to a predetermined recipient),
wherein a separate switch engages with the alert components so that: responsive to switch/button engagement the alert component audible alarm is either activated or the audible alarm is deactivated (See abstract and [0075]-[0076] teach several alarm modes which allow for an audible or a silent mode.).
Page does not teach a key component including a connector, wherein the key component forms a first opening that facilitates a user's grip of the key component, wherein the connector extends out of a first side of the key component; and a base component with a first end and a second end opposite the first end, wherein the first end is formed with a cavity opening into a cavity of the base component, wherein an interior surface of the cavity is formed to permit the key component to partially withdraw from the cavity through the cavity opening and prevent the key component from entirely withdrawing from the cavity of the base component.
Weir teaches a key component including a connector, wherein the key component forms a first opening that facilitates a user's grip of the key component, wherein the connector extends out of a first side of the key component; and a base component with a first end and a second end opposite the first end, wherein the first end is formed with a cavity opening into a cavity of the base component, wherein an interior surface of the cavity is formed to permit the key component to partially withdraw from the cavity through the cavity opening and prevent the key component from entirely withdrawing from the cavity of the base component (See Fig. 1a-5c, [0042], [0052]-[0054], [0060], and [0067]. Fig. 1A and [0042] teach a base component, 110, with a slot/cavity opening, 112, in the housing with an interior surface that receives a pull tab. Fig. 2a-5C and [0054] teach a pull tab that is inserted in the cavity, is prevented from full withdrawal out of the cavity, and acts as a switch to activate a circuit. The pull tab is the claimed key component.).
Both Page’s buttons and Weir’s pull tab operate as switches and are known to one of ordinary skill in the art at the time the invention was filed. One of ordinary skill in the art could have simply substituted Weir’s pull tab for Page’s button and the results of the substitution would have yielded predictable results to one of ordinary skill in the art. Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made.
Regarding claims 2 and 12, Page teaches the alert components are battery powered, and wherein the back piece further includes a removeable battery door (See Fig. 1C and 2A. Fig. 1C teaches a CR1616 battery. A person of ordinary skill in the art would recognize that the CR1616 battery has an industry diameter of 16 mm. AS seen in Fig. 1C the battery extends to the sidewalls of the housing in the base component. Fig. 2A & 4A show that the connector covers substantially most of the space between the sidewalls of the housing but does not extend entirely to the sidewalls of the housing. Therefore, it would be obvious to a person of ordinary skill in the art that the connector length is greater than 8 mm and less than 16 mm. Therefore, it is obvious to a person of ordinary skill in the art to size the connector to 11 mm.).
Regarding claims 5 and 15, Page teaches the alert components are battery powered, and wherein the back piece further includes a removeable battery door (See [0067] which teaches that the opening is shaped to permit passage of a circular object, string or wire. It would be obvious to a person of ordinary skill in the art to shape the slot in a shape identical the circular object that is passing through the slot in order to reduce “the likelihood of contaminant entry through the slot 412.”).
Regarding claims 6 and 16, Page teaches the alert components are battery powered, and wherein the back piece further includes a removeable battery door (See [0049]).
Regarding claims 8 and 18, Page teaches the communication alerts include:
placement of a prerecorded call to a mobile smart device associated with the user of the portable alert device (See [0067]),
transmission of a first text message from an external resource to the mobile smart device and a second text message from the external resource to mobile devices associated with the one or more recipients (See [0063]-[0064] which teaches establishing communication with a call center and a central monitoring station. [0031] teaches communication can be a phone call or a message. IT would be obvious to a person of ordinary skill in the art that a call center and monitoring station receive communications and then communicate with another entity to provide local assistance. Therefore, a second message from an external resource to one or more recipients is obvious to a person of ordinary skill in the art given the communication teachings of Page.), and
transmission of a location of the mobile smart device to one or more of the mobile devices associated with the one or more recipients (See [0067]).
Regarding claims 9 and 19, Page teaches different selection combinations of the button effectuate different communication alerts, wherein the different selection combinations include a single selection of the button, two consecutive selections of the button, and holding down the button for a particular amount of time (See [0054], [0071], and [0075] teach different sequences of button presses, including multiple pushes or holding a button for several seconds in order to activate different alarm modes, including a silent and an audible alert.).
Regarding claims 10 and 20, Page teaches a power switch connected to the audible alarm that enables function of the audible alarm upon disengagement and engagement of the connector from the alert components (See [0045]).
Regarding claim 11, Page teaches a portable alert device (See abstract), comprising: base component housing:
a transceiver housed by the base component is connected to alert components (See abstract, Fig. 5, 502 and [0055]), and
the alert components including an audible alarm and a button connected to the transceiver (See abstract and [0058]),
wherein selection of the button effectuates communication alerts to one or more recipients (See abstract, [031]-[0032], and [0036] teaches an alarm that sends a message or call to a predetermined recipient),
wherein a separate switch engaged with the alert components so that: deactivating the audible alarm (See abstract and [0075]-[0076] teach several alarm modes which allow for an audible or a silent mode.).
Page does not teach responsive to a connector included in a key component being disengaged from alert components housed in a base component, activating an audible alarm included in the base component, wherein the connector is engaged with the alert components to enable such disengagement, wherein the key component forms a first opening that facilitates a user's grip of the key component, wherein the connector extends out of a first side of the key component, wherein: the base component includes a first end and a second end opposite the first end, wherein the first end is formed with a cavity opening into a cavity of the base component, wherein an interior surface of the cavity is formed to permit the key component to partially withdraw from the cavity through the cavity opening and prevent the key component from entirely withdrawing from the cavity of the base component.
Weir teaches responsive to a connector included in a component being disengaged from components housed in a base component, activating a circuit included in the base component, wherein the connector is engaged with the components to enable such disengagement, wherein the key component forms a first opening that facilitates a user's grip of the key component, wherein the connector extends out of a first side of the key component, wherein: the base component includes a first end and a second end opposite the first end, wherein the first end is formed with a cavity opening into a cavity of the base component, wherein an interior surface of the cavity is formed to permit the key component to partially withdraw from the cavity through the cavity opening and prevent the key component from entirely withdrawing from the cavity of the base component (See Fig. 1a-5c, [0042], [0052]-[0054], [0060], and [0067]. Fig. 1A and [0042] teach a base component, 110, with a slot/cavity opening, 112, in the housing with an interior surface that receives a pull tab. Fig. 2a-5C and [0054] teach a pull tab that is inserted in the cavity, is prevented from full withdrawal out of the cavity, and acts as a switch to activate a circuit. The pull tab is the claimed key component.).
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Page and Weir as applied to claims 1 and 11 above, and further in view of Basu et al. (US Pat No. 10,096,232).
Regarding claims 7 and 17, Page does not teach the audible alarm is 130 decibels.
Basu teaches the audible alarm is 130 decibels (See Col. 6, lines 28-35).
One of ordinary skill in the art at the time the invention was filed would have been motivated to modify Page’s device to include Basu’s teachings to ensure a sufficiently loud alarm to alert nearby people of a dangerous situation. Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS S MCCORMACK whose telephone number is (571)272-0841. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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/THOMAS S MCCORMACK/ Primary Examiner, Art Unit 2686