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 .
Status of Claims
The following is a non-final, first action on the merits, in response to continuation application filed October 07, 2024. Claims 1-20, are currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/21/2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The non-statutory 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 time wise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the claims at issue 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1-20, are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-18, of the issued U.S. Patent No. 12,120,266. Although the claims at issue are not identical, they are not patentably distinct from each other because, for instance, the limitations of claim 1, - A computer-implemented method comprising:
receiving, by one or more processors of a first computing device, from one or more sensors, sensor data indicative of health information associated with a user of the first computing device;
in response to determining to send a request to a second computing device to establish a communication, session, determining, by the one or more processors and based at least in part on the health information associated with the user, contextual information indicative of an urgency level of the communication session; and
sending, by the one or more processors to the second computing device, the request to establish the communication session and an indication of the contextual information associated with the communication session. - recited in the instant application is broader and similar enough to be encompassed by the limitations presented in claim 1, of the issued patent No. 12,120,266.
Similarly, the limitations of claim 11, - A system comprising: one or more sensors (output devices) configured to sense health information associated with a user of the system; one or more processors; and one or more memories storing processor-executable instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising: receiving sensor data from the one or more sensors; in response to determining to send a request to a remote computing device to establish a communication session, determining, based at least in part on the health information associated with the user, contextual information indicative of an urgency level of the communication session; and sending, to the remote computing device, the request to establish the communication session and an indication of the contextual information associated with the communication session. - recited in the instant application is broader and similar enough to be encompassed by the limitations presented in claim 11, of the issued patent No. 12,120,266.
Similarly, the limitations of claim 20, - One or more non-transitory computer-readable storage media storing processor-executable instructions that, when executed by one or more processors of a computing device, cause the one or more processors to perform operations comprising: receiving, from one or more sensors, sensor data indicative of health information associated with a user of the computing device; in response to determining to send a request to a remote computing device to establish a communication session, determining, based at least in part on the health information associated with the user, contextual information indicative of an urgency level of the communication session; and sending, to the remote computing device, the request to establish the communication session and an indication of the contextual information associated with the communication session. - recited in the instant application is broader and similar enough to be encompassed by the limitations presented in claim 18, of the issued patent No. 12,120,266.
Similarly, the limitations of claims 2-10, 12-19, recited in the instant case are broadly recited to be encompassed by the claim 2-10, 12-17, of the issued patent No. 12,071,065.
The claim 1, analyzed above, show limitations of the claim 1, in the instant application are broader having similar limitation to be encompassed by the limitations of claim 1, of the US Patent No. 12,071,065, as anticipation to all limitations considered is equivalent to obviousness and as such would have been obvious to one of ordinary skill in the art to implement the claims similarly recited in the instant application using the claims of US Patent 12,071,065, in order to implement vehicle image projection claimed in the instant application. Claims 2-10, show equivalency to claims 2-10, respectively, of the US Patent 12,071,065.
Conclusion
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/QUTBUDDIN GHULAMALI/
Primary Examiner,
Art Unit 2632.
Prosecution Insights