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. 12,136,436 (hereinafter reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants of each other.
Current Application
Reference Patent
1. A recording system comprising:
a plurality of recording devices;
a plurality of recording device managers in communication with the plurality of recording devices, wherein the plurality of recording device managers is associated with a fleet of vehicles; and
a data store storing a hierarchy of recording device manager indicia, each recording device manager indicia indicative of a recording device manager of the plurality of recording device managers,
wherein a recording device of the plurality of recording devices is synchronized with a first recording device manager of the plurality of recording device managers,
wherein the recording device is configured to synchronize with a second recording device manager of the plurality of recording device managers based on the hierarchy when synchronization between the recording device and the first recording device manager is lost.
2. The recording system of claim 1, wherein the recording device is a personal recording device and is configured to be worn by a user.
3. The recording system of claim 2, wherein the recording device is a body worn camera, wherein the user is a police officer, and wherein the vehicles include a plurality of emergency vehicles.
4. The recording system of claim 1, wherein the first recording device manager is associated with a vehicle of the fleet, wherein recording of the recording device is initiated by the first recording device manager based on a triggering event associated with the vehicle.
5. The recording system of claim 4, wherein the triggering event is detected by an accelerometer, a speedometer, a location sensor, or a switch actuated by a user.
6. The recording system of claim 1,
wherein the first recording device manager is associated with a first vehicle of the fleet, wherein the second recording device manager is associated with a second vehicle of the fleet, and wherein the recording device synchronizes with the second recording device manager when the first recording device manager is out of range.
7. The recording system of claim 1, wherein the recording device is configured to record video and audio and further configured to transmit an initiation signal to the first recording device manager indicating that recording has been initiated.
8. The recording system of claim 7, wherein the first recording device manager is configured to, upon receipt of the initiation signal, instruct the plurality of recording devices to begin recording data.
9. A recording system comprising: a plurality of recording devices; a plurality of recording device managers in communication with the plurality of recording devices, wherein the plurality of recording device managers is associated with a fleet of vehicles; and a data store storing a hierarchy of recording device manager indicia, each recording device manager indicia indicative of a recording device manager of the plurality of recording device managers, wherein a recording device of the plurality of recording devices is synchronized with a first recording device manager of the plurality of recording device managers, wherein the recording device is mounted on a user and is configured to record at least video, wherein the recording device is configured to synchronize with a second recording device manager of the plurality of recording device managers based on the hierarchy when synchronization between the recording device and the first recording device manager is lost.
10. The recording system of claim 9, wherein the recording device is further configured to record audio data and location data.
11. The recording system of claim 10,
wherein the first recording device manager is associated with a first vehicle of the fleet, wherein the second recording device manager is associated with a second vehicle of the fleet, and wherein the recording device synchronizes with the second recording device manager when the first recording device manager is out of range.
12. The recording system of claim 11, wherein the range is determined by the location data.
13. The recording system of claim 9, wherein the fleet includes a plurality of emergency vehicles, and the user is a police officer.
14. The recording system of claim 9, wherein the recording device is configured to send a signal indicating that the recording device is recording, wherein the first recording device manager, upon receiving the signal, instructs the plurality of recording devices to begin recording.
15. A method of managing a plurality of recording devices by a plurality of recording device managers, the method comprising: synchronizing a recording device of the plurality of recording devices with a first recording device manager of the plurality of recording device managers, wherein the plurality of recording device managers is associated with a fleet of vehicles; storing, by the recording device, a hierarchy of recording device manager indicia, each recording device manager indicia indicative of a recording device manager of the plurality of recording device managers; detecting, by the recording device, that synchronization with the first recording device manager is lost; and synchronizing with a second recording device manager of the plurality of recording device managers based on the hierarchy when the synchronization between the recording device and the first recording device manager is lost.
16. The method of claim 15, wherein the recording device is a body worn camera, wherein a user of the body worn camera is a police officer, and wherein the fleet includes a plurality of emergency vehicles.
17. The method of claim 15, further comprising initiating the recording device by the first recording device manager based on a triggering event.
18. The method of claim 17, wherein the first recording device manager is associated with a vehicle of the fleet, wherein the triggering event is detected by a sensor associated with the vehicle.
19. The method of claim 15, further comprising transmitting, by the recording device, an initiation signal to the first recording device manager indicating that recording has been initiated.
20. The method of claim 19, further comprising upon receipt of the initiation signal from the recording device, instructing, by the first recording device manager, the plurality of recording devices to begin recording data.
1. A recording system comprising:
a first personal recording device configured to be worn by a user, the first personal recording device comprising: at least one sensor configured to be worn by the user, wherein the at least one sensor generates location information of the at least one sensor;
a data store storing a hierarchy of recording device manager indicia, each recording device manager indicia associated with a recording device manager of a plurality of recording device managers associated with a fleet of vehicles; and
transmitter configured to send the location information to a receiver; and
a first recording device manager communicatively connected to and synchronized with the first personal recording device based on the hierarchy of the recording device manager indicia, the first recording device manager comprising non-transitory computer-readable media storing computer-executable instructions that, when executed by at least one processor, perform a method of determining a threat, the method comprising:
receiving the location information by the receiver; determining a distance between the first personal recording device and a location sensor associated with the first recording device manager; comparing the distance to a distance threshold, wherein the distance threshold is a minimum distance between the first personal recording device and the first recording device manager representing the distance between the user and the first recording device manager; instructing the first personal recording device to begin recording when the distance between the first personal recording device and the first recording device manager exceeds the distance threshold; and transmitting instructions directly to a second recording device manager instructing a second personal recording device to begin recording, wherein the second personal recording device is synchronized with the second recording device manager; wherein
the first personal recording device is further configured to synchronize with the second recording device manager based on the hierarchy when synchronization between the first personal recording device and the first recording device manager is lost.
Claim 1 of reference patent does not recite a plurality of recording devices and the plurality of recording device managers in communication with the plurality of recording devices.
Official Notice is taken that one of ordinary skill in the art would have been motivated to have a recording device manager in communication with at least a recording device into the system recited in claim 1 of reference patent to manage recording on difference devices effectively.
see claim 1 of reference patent above.
Claim 1 of reference patent does not recite the recording device is a body worn camera, wherein the user is a police officer, and wherein the vehicles include a plurality of emergency vehicles.
Official Notice is taken that a body worn camera, wherein the user is a police officer, and vehicles include a plurality of emergency vehicles are well known.
One of ordinary skill in the art would have been motivated to incorporate a body worn camera, wherein the user is a police officer, and vehicles include a plurality of emergency vehicles into the system recited in claim 1 of reference patent to apply the system to law enforcement, thus enhancing the utility of the system.
see claim 1 of reference patent above.
see claim 1 of reference patent above.
Claim 1 of reference patent does not recite the first recording device manager is associated with a first vehicle of the fleet, wherein the second recording device manager is associated with a second vehicle of the fleet, and wherein the recording device synchronizes with the second recording device manager when the first recording device manager is out of range.
It would have been obvious to one skilled in the art to employ on each vehicle of the fleet a recording device manager so that a recording device on one vehicle is synchronized with a device recording manager in the other vehicle when connection with a current recording manager is out of range into the system recited in claim 1 of reference patent to ensure the recording is properly performed in various vehicle deployment situations.
Claim 1 of reference patent does not recite the recording device is configured to record video and audio and further configured to transmit an initiation signal to the first recording device manager indicating that recording has been initiated.
It would have been obvious to one skilled in the art to incorporate the recording device is configured to record video and audio and further configured to transmit an initiation signal to the first recording device manager indicating that recording has been initiated into the system recited in claim 1 of reference patent to facilitate synchronizing recordings among different devices.
rejected for a similar reason discussed in claim 7 above.
Claims 9-20 are rejected for similar reasons as discussed in claims 1-7 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG Q DANG whose telephone number is (571)270-1116. The examiner can normally be reached IFT.
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/HUNG Q DANG/Primary Examiner, Art Unit 2484