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 and 23-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-9, 11-13, 15, and 17 of U.S. Patent No. 12,111,964. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of Pat No. 12,111,964 anticipate the claims of the present application.
Present Application
Pat No. 12,111,964
1. A power wheelchair, comprising: a plurality of wheels operatively connected to the power wheelchair;
one or more motors operatively associated with the power wheelchair;
a drive controller operatively connected to the one or more motors;
and a drive manager device operatively connected to the drive controller, wherein the drive manager device is to:
establish a first communication session with an input collection/display unit that is operable by a user in the power wheelchair,
establish a second communication session with a caregiver unit that is external to the power wheelchair and operable by a caregiver,
determine a command by processing command data received from one of the input collection/display unit or the caregiver unit,
the command being a request to drive the power wheelchair,
and cause voltage to be applied to the drive controller to cause the drive controller to interact with the one or more motors to actuate one or more wheels of the plurality of wheels,
determine that one of the input collection/display unit or the caregiver unit is a controlling device that is presently controlling the power wheelchair,
the other unit being a non-controlling device,
and cause a user interface to be provided for display on the non-controlling device such that the user interface:
omits buttons corresponding to directional drive controls so as to prevent the non-controlling device from driving the power wheelchair,
and displays one or more buttons corresponding to controls other than the directional drive controls.
1. A power wheelchair, comprising: a plurality of wheels operatively connected to the power wheelchair;
one or more motors operatively associated with the power wheelchair;
a drive controller operatively connected to the one or more motors and mounted to the power wheelchair;
and a drive manager device operatively connected to the drive controller, wherein the drive manager device is to:
communicate with an input collection/display unit via a first communication interface, the input collection/display unit operable by a user in the power wheelchair,
communicate, via a third communication interface, with a caregiver unit that is external to the power wheelchair and operable by a caregiver
determine a command made by the user by processing command data received in a communication with the input collection/display unit,
the command being a request to drive the power wheelchair, in response to determining the command,
cause voltage to be applied through a second communication interface and to the drive controller, wherein the voltage causes the drive controller to interact with the one or more motors to actuate one or more wheels of the plurality of wheels, , ,
determine that the input collection/display unit is a controlling device that is presently controlling the power wheelchair,
where the caregiver unit is a non-controlling device,
and cause a user interface to be provided for display on the non-controlling device such that the user interface:
omits buttons corresponding to directional drive controls so as to prevent the non-controlling device from driving the power wheelchair,
and displays one or more buttons corresponding to controls other than the directional drive controls.
Claims 23-34 of the present application are mapped to claims 3-9, 11-13, 15, and 17 of U.S. Pat No. 12,111,964, respectively.
Allowable Subject Matter
Claims 21-22 are objected to as being dependent upon a rejected base claim, but would be allowable if the double patenting rejection of claim 1 is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAYCE R BIBBEE whose telephone number is (571)270-7222. The examiner can normally be reached Mon-Thurs 8:00-6:00.
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/CHAYCE R BIBBEE/Examiner, Art Unit 2624
/MATTHEW A EASON/Supervisory Patent Examiner, Art Unit 2624