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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,743,955. Although the claims at issue are not identical, they are not patentably distinct from each other because even though they are not word for word with each other they both teach the same inventive concept.
Regarding claim 1, U.S. Patent No. 11,743,955 teaches a method, comprising powering, using a power adapter, one or more antennas, wherein the power adapter is electrically coupled to the one or more antennas, and wherein the one or more antennas are attached to an inner surface of a faceplate configured to be attached to a wall; connecting, using at least one processor communicatively coupled to the one or more antennas, the one or more antennas to a network; causing, using the at least one processor, the one or more antennas to perform at least one of transmitting or receiving one or more signals to perform one or more functions; receiving, using the at least one processor, a user input; and syncing, using the at least one processor, the one or more antennas with the network in response to receiving the user input (Claim 1).
Regarding claim 2, U.S. Patent No. 11,743,955 teaches wherein the faceplate comprises at least one of a wall faceplate, a power outlet faceplate, a data connection faceplate, an Ethernet connection faceplate, a coaxial cable connection faceplate, a light switch faceplate, an audio connection faceplate, a video connection faceplate, or a multi-function faceplate (Claim 2).
Regarding claim 3, U.S. Patent No. 11,743,955 teaches wherein the one or more antennas are embedded within the inner surface of the faceplate (Claim 3).
Regarding claim 4, U.S. Patent No. 11,743,955 teaches wherein the one or more signals comprise at least one of one or more radio communications signals, one or more WiFi communications signals, one or more cellular communications signals, or one or more Bluetooth communications signals (Claim 4).
Regarding claim 5, U.S. Patent No. 11,743,955 teaches wherein performing the one or more functions comprises at least one of performing wireless access point functionality; performing wireless communications functionality; performing cellular communications functionality; performing Bluetooth communications functionality; performing Ethernet communications functionality; or performing WiFi mesh functionality (Claim 5).
Regarding claim 6, U.S. Patent No. 11,743,955 teaches wherein the one or more antennas are communicatively coupled to an Ethernet connection, wherein the one or more antennas are further configured to perform at least one of transmitting the one or more signals to the Ethernet connection or receiving the one or more signals from the Ethernet connection (Claim 6).
Regarding claim 7, U.S. Patent No. 11,743,955 teaches wherein the Ethernet connection is at least one of an Ethernet port, one or more Ethernet cables disposed in the wall, or one or more Ethernet wires disposed in the wall (Claim 7).
Regarding claim 8, U.S. Patent No. 11,743,955 teaches wherein the one or more antennas or the at least one processor, via the one or more antennas, is at least one of communicatively coupled to one or more user devices via a first wired connection; communicatively coupled to the one or more user devices via a first wireless connection; communicatively coupled to at least one of a router or a gateway device via a second wired connection; communicatively coupled to at least one of the router or the gateway device via a second wireless connection; communicatively coupled to the one or more user devices via a third wired connection and communicatively coupled to at least one of the router or the gateway device via a fourth wired connection; communicatively coupled to the one or more user devices via a third wireless connection and communicatively coupled to at least one of the router or the gateway device via a fourth wireless connection; communicatively coupled to the one or more user devices via a fifth wireless connection and communicatively coupled to at least one of the router or the gateway device via a fifth wired connection; or communicatively coupled to the one or more user devices via a sixth wired connection and communicatively coupled to at least one of the router or the gateway device via a sixth wireless connection (Claim 8).
Regarding claim 9, U.S. Patent No. 11,743,955 teaches in response to receiving the user input, sending, using the at least one processor, an initialization message to at least one of a user device or a software application ("app") running on the user device to sync the one or more antennas with the network; receiving, with the user device or the app running on the user device, a response to the initialization message; and in response to receiving the response to the initialization message, syncing, using the user device or the app running on the user device, the one or more antennas with the network (Claim 9).
Regarding claim 10, U.S. Patent No. 11,743,955 teaches wherein one or more indicator lights are attached to the faceplate, wherein the one or more indicator lights are configured to indicate at least one of whether the one or more antennas are receiving power; whether the one or more antennas are powered on or off; a signal strength of the one or more signals; a bandwidth availability of the one or more antennas; or a detection of motion in front of the faceplate (Claim 10).
Regarding claim 11, U.S. Patent No. 11,743,955 teaches wherein the one or more indicator lights are located on at least one of a front face of the faceplate or an edge of the faceplate (Claim 11).
Regarding claim 12, U.S. Patent No. 11,743,955 teaches an apparatus, comprising a faceplate configured to be attached to a wall; a power adapter electrically coupled to the one or more antennas and configured to provide power to the one or more antennas; at least one processor communicatively coupled to the one or more antennas; and a non-transitory computer readable medium communicatively coupled to the at least one processor, the non-transitory computer readable medium having stored thereon computer software comprising a set of instructions that, when executed by the at least one processor, causes the apparatus to connect the one or more antennas to a network; cause the one or more antennas to perform the one or more functions; receive a user input; and sync the one or more antennas with the network in response to receiving the user input (Claim 12).
Regarding claim 13, U.S. Patent No. 11,743,955 teaches wherein the faceplate comprises at least one of a wall faceplate, a power outlet faceplate, a data connection faceplate, an Ethernet connection faceplate, a coaxial cable connection faceplate, a light switch faceplate, an audio connection plate, a video connection faceplate, or a multi-function faceplate (Claim 13).
Regarding claim 14, U.S. Patent No. 11,743,955 teaches wherein the power adapter is electrically coupled to a power source, wherein the power source is at least one of a battery, an electrical wall outlet, a solar cell, or one or more electrical power wires disposed in the wall (Claim 14).
Regarding claim 15, U.S. Patent No. 11,743,955 teaches wherein the one or more signals comprise at least one of one or more radio communications signals, one or more WiFi communications signals, one or more cellular communications signals, or one or more Bluetooth communications signals (Claim 15).
Regarding claim 16, U.S. Patent No. 11,743,955 teaches wherein performing the one or more functions comprises at least one of: performing wireless access point functionality; performing wireless communications functionality; performing cellular communications functionality; performing Bluetooth communications functionality; performing Ethernet communications functionality; or performing WiFi mesh functionality (Claim 16).
Regarding claim 17, U.S. Patent No. 11,743,955 teaches wherein the one or more antennas or the at least one processor, via the one or more antennas, is at least one of communicatively coupled to one or more user devices via a first wired connection; communicatively coupled to the one or more user devices via a first wireless connection; communicatively coupled to at least one of a router or a gateway device via a second wired connection; communicatively coupled to at least one of the router or the gateway device via a second wireless connection; communicatively coupled to the one or more user devices via a third wired connection and communicatively coupled to at least one of the router or the gateway device via a fourth wired connection; communicatively coupled to the one or more user devices via a third wireless connection and communicatively coupled to at least one of the router or the gateway device via a fourth wireless connection; communicatively coupled to the one or more user devices via a fifth wireless connection and communicatively coupled to at least one of the router or the gateway device via a fifth wired connection; or communicatively coupled to the one or more user devices via a sixth wired connection and communicatively coupled to at least one of the router or the gateway device via a sixth wireless connection (Claim 17).
Regarding claim 18, U.S. Patent No. 11,743,955 teaches a system, comprising a plurality of wireless functionality devices, each wireless functionality device comprising a faceplate configured to be attached to a wall; one or more antennas attached to an inner surface of the faceplate and configured to perform at least one of transmitting or receiving one or more signals to perform one or more functions; a power adapter electrically coupled to the one or more antennas and configured to provide power to the one or more antennas; at least one processor communicatively coupled to the one or more antennas; and a non-transitory computer readable medium communicatively coupled to the at least one processor, the non-transitory computer readable medium having stored thereon computer software comprising a set of instructions that, when executed by the at least one processor, causes said wireless functionality device to connect the one or more antennas to a network; cause the one or more antennas to perform the one or more functions; receive a user input; and sync the one or more antennas with the network in response to receiving the user input (Claim 18).
Regarding claim 19, U.S. Patent No. 11,743,955 teaches wherein the plurality of wireless functionality devices is communicatively coupled together to form a mesh network (Claim 19).
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 10-19 of U.S. Patent No. 12,127,279. Although the claims at issue are not identical, they are not patentably distinct from each other because even though they are not word for word with each other they both teach the same inventive concept.
Regarding claim 1, U.S. Patent No. 12,127,279 teaches a method, comprising powering, using a power adapter, one or more antennas, wherein the power adapter is electrically coupled to the one or more antennas, and wherein the one or more antennas are attached to an inner surface of a faceplate configured to be attached to a wall; connecting, using at least one processor communicatively coupled to the one or more antennas, the one or more antennas to a network; causing, using the at least one processor, the one or more antennas to perform at least one of transmitting or receiving one or more signals to perform one or more functions; receiving, using the at least one processor, a user input; and syncing, using the at least one processor, the one or more antennas with the network in response to receiving the user input (Claim 1).
Regarding claim 2, U.S. Patent No. 12,127,279 teaches wherein the faceplate comprises at least one of a wall faceplate, a power outlet faceplate, a data connection faceplate, an Ethernet connection faceplate, a coaxial cable connection faceplate, a light switch faceplate, an audio connection faceplate, a video connection faceplate, or a multi-function faceplate (Claim 2).
Regarding claim 3, U.S. Patent No. 12,127,279 teaches wherein the one or more antennas are embedded within the inner surface of the faceplate (Claim 3).
Regarding claim 4, U.S. Patent No. 12,127,279 teaches wherein the one or more signals comprise at least one of one or more radio communications signals, one or more WiFi communications signals, one or more cellular communications signals, or one or more Bluetooth communications signals (Claim 4).
Regarding claim 5, U.S. Patent No. 12,127,279 teaches wherein performing the one or more functions comprises at least one of performing wireless access point functionality; performing wireless communications functionality; performing cellular communications functionality; performing Bluetooth communications functionality; performing Ethernet communications functionality; or performing WiFi mesh functionality (Claim 5).
Regarding claim 6, U.S. Patent No. 12,127,279 teaches wherein the one or more antennas are communicatively coupled to an Ethernet connection, wherein the one or more antennas are further configured to perform at least one of transmitting the one or more signals to the Ethernet connection or receiving the one or more signals from the Ethernet connection (Claim 6).
Regarding claim 7, U.S. Patent No. 12,127,279 teaches wherein the Ethernet connection is at least one of an Ethernet port, one or more Ethernet cables disposed in the wall, or one or more Ethernet wires disposed in the wall (Claim 7).
Regarding claim 8, U.S. Patent No. 12,127,279 teaches wherein the one or more antennas or the at least one processor, via the one or more antennas, is at least one of communicatively coupled to one or more user devices via a first wired connection; communicatively coupled to the one or more user devices via a first wireless connection; communicatively coupled to at least one of a router or a gateway device via a second wired connection; communicatively coupled to at least one of the router or the gateway device via a second wireless connection; communicatively coupled to the one or more user devices via a third wired connection and communicatively coupled to at least one of the router or the gateway device via a fourth wired connection; communicatively coupled to the one or more user devices via a third wireless connection and communicatively coupled to at least one of the router or the gateway device via a fourth wireless connection; communicatively coupled to the one or more user devices via a fifth wireless connection and communicatively coupled to at least one of the router or the gateway device via a fifth wired connection; or communicatively coupled to the one or more user devices via a sixth wired connection and communicatively coupled to at least one of the router or the gateway device via a sixth wireless connection (Claim 8).
Regarding claim 9, U.S. Patent No. 12,127,279 teaches in response to receiving the user input, sending, using the at least one processor, an initialization message to at least one of a user device or a software application ("app") running on the user device to sync the one or more antennas with the network; receiving, with the user device or the app running on the user device, a response to the initialization message; and in response to receiving the response to the initialization message, syncing, using the user device or the app running on the user device, the one or more antennas with the network (Claim 1).
Regarding claim 10, U.S. Patent No. 12,127,279 teaches wherein one or more indicator lights are attached to the faceplate, wherein the one or more indicator lights are configured to indicate at least one of whether the one or more antennas are receiving power; whether the one or more antennas are powered on or off; a signal strength of the one or more signals; a bandwidth availability of the one or more antennas; or a detection of motion in front of the faceplate (Claim 10).
Regarding claim 11, U.S. Patent No. 12,127,279 teaches wherein the one or more indicator lights are located on at least one of a front face of the faceplate or an edge of the faceplate (Claim 11).
Regarding claim 12, U.S. Patent No. 12,127,279 teaches an apparatus, comprising a faceplate configured to be attached to a wall; a power adapter electrically coupled to the one or more antennas and configured to provide power to the one or more antennas; at least one processor communicatively coupled to the one or more antennas; and a non-transitory computer readable medium communicatively coupled to the at least one processor, the non-transitory computer readable medium having stored thereon computer software comprising a set of instructions that, when executed by the at least one processor, causes the apparatus to connect the one or more antennas to a network; cause the one or more antennas to perform the one or more functions; receive a user input; and sync the one or more antennas with the network in response to receiving the user input (Claim 12).
Regarding claim 13, U.S. Patent No. 12,127,279 teaches wherein the faceplate comprises at least one of a wall faceplate, a power outlet faceplate, a data connection faceplate, an Ethernet connection faceplate, a coaxial cable connection faceplate, a light switch faceplate, an audio connection plate, a video connection faceplate, or a multi-function faceplate (Claim 13).
Regarding claim 14, U.S. Patent No. 12,127,279 teaches wherein the power adapter is electrically coupled to a power source, wherein the power source is at least one of a battery, an electrical wall outlet, a solar cell, or one or more electrical power wires disposed in the wall (Claim 14).
Regarding claim 15, U.S. Patent No. 12,127,279 teaches wherein the one or more signals comprise at least one of one or more radio communications signals, one or more WiFi communications signals, one or more cellular communications signals, or one or more Bluetooth communications signals (Claim 15).
Regarding claim 16, U.S. Patent No. 12,127,279 teaches wherein performing the one or more functions comprises at least one of: performing wireless access point functionality; performing wireless communications functionality; performing cellular communications functionality; performing Bluetooth communications functionality; performing Ethernet communications functionality; or performing WiFi mesh functionality (Claim 16).
Regarding claim 17, U.S. Patent No. 12,127,279 teaches wherein the one or more antennas or the at least one processor, via the one or more antennas, is at least one of communicatively coupled to one or more user devices via a first wired connection; communicatively coupled to the one or more user devices via a first wireless connection; communicatively coupled to at least one of a router or a gateway device via a second wired connection; communicatively coupled to at least one of the router or the gateway device via a second wireless connection; communicatively coupled to the one or more user devices via a third wired connection and communicatively coupled to at least one of the router or the gateway device via a fourth wired connection; communicatively coupled to the one or more user devices via a third wireless connection and communicatively coupled to at least one of the router or the gateway device via a fourth wireless connection; communicatively coupled to the one or more user devices via a fifth wireless connection and communicatively coupled to at least one of the router or the gateway device via a fifth wired connection; or communicatively coupled to the one or more user devices via a sixth wired connection and communicatively coupled to at least one of the router or the gateway device via a sixth wireless connection (Claim 17).
Regarding claim 18, U.S. Patent No. 12,127,279 teaches a system, comprising a plurality of wireless functionality devices, each wireless functionality device comprising a faceplate configured to be attached to a wall; one or more antennas attached to an inner surface of the faceplate and configured to perform at least one of transmitting or receiving one or more signals to perform one or more functions; a power adapter electrically coupled to the one or more antennas and configured to provide power to the one or more antennas; at least one processor communicatively coupled to the one or more antennas; and a non-transitory computer readable medium communicatively coupled to the at least one processor, the non-transitory computer readable medium having stored thereon computer software comprising a set of instructions that, when executed by the at least one processor, causes said wireless functionality device to connect the one or more antennas to a network; cause the one or more antennas to perform the one or more functions; receive a user input; and sync the one or more antennas with the network in response to receiving the user input (Claim 18).
Regarding claim 19, U.S. Patent No. 12,127,279 teaches wherein the plurality of wireless functionality devices is communicatively coupled together to form a mesh network (Claim 19).
Conclusion
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/ANDREW WENDELL/Primary Examiner, Art Unit 2648 9/3/2026
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