DETAILED ACTION
This is in response to applicant's communication filed on 10/15/2024, wherein:
Claim 1 is pending.
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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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. US 11659490 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because their scope are overlapped.
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US 11659490 B2
1. An aviation connectivity gateway module for remotely offloading aircraft data from avionics of an aircraft, the avionics including a plurality of sensors, the aviation connectivity gateway module comprising:
a processor configured to receive a remote wake-up command indicating an invocation to wake up and power on the avionics to pull sensor readings from the sensors;
a first communication element configured to communicatively couple the processor to the avionics when the processor receives the remote wake-up command;
a second communication element configured to communicatively couple the processor to a remote computing device; and
a memory configured to store the aircraft data obtained from the avionics,
wherein the processor is further configured to:
power on the avionics when the processor receives the remote wake-up command and the avionics are initially in a powered off state,
obtain the aircraft data from the avionics and store the aircraft data on the memory when the avionics have been powered on, and
transmit the aircraft data from the memory to the remote computing device via the second communication element so as to remotely acquire aircraft data when the avionics are initially in the powered off state,
the aviation connectivity gateway module is configured to transmit the aircraft data via a backup transmission means if a primary transmission means is unavailable,
the aviation connectivity gateway module being configured to operate in an airborne mode, a ground mode, a sleep mode, a deep sleep mode, and a pilot data request mode,
the aviation connectivity gateway module being further configured to switch from the deep sleep mode to the pilot data request mode when the processor receives the remote wake-up command, the aviation connectivity gateway module being configured to generate aircraft data independently from the avionics.
15. An aviation connectivity gateway module for remotely offloading aircraft data from avionics of an aircraft, the avionics including a plurality of sensors, the aviation connectivity gateway module comprising:
a processor configured to receive a remote wake-up command indicating an invocation to wake up and power on the avionics to pull sensor readings from the sensors;
a first communication element configured to communicatively couple the processor to the avionics when the processor receives the remote wake-up command;
a second communication element configured to communicatively couple the processor to a remote computing device; and
a memory configured to store the aircraft data obtained from the avionics,
wherein the processor is further configured to:
power on the avionics when the processor receives the remote wake-up command and the avionics are initially in a powered off state,
initialize an interface according to aircraft configurations in a configuration file,
obtain the aircraft data from the avionics and store the aircraft data on the memory when the avionics have been powered on, and
transmit the aircraft data from the memory to the remote computing device via the second communication element in reverse order so as to remotely acquire aircraft data when
the avionics are initially in the powered off state,
the aviation connectivity gateway module is configured to transmit the aircraft data via a backup transmission means if a primary transmission means is unavailable,
the aviation connectivity gateway module being configured to operate in an airborne mode, a ground mode, a sleep mode, a deep sleep mode, and a pilot data request mode,
the aviation connectivity gateway module being further configured to switch from the deep sleep mode to the pilot data request mode when the processor receives the remote wake-up command, the aviation connectivity gateway module being configured to generate aircraft data independently from the avionics.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-2, 6, and 10 of U.S. Patent No. US 12150061 B2 in view of Baum et al. (US 20090077623 A1).
Regarding claim 1, U.S. Patent No. US 12150061 B2 discloses an aviation connectivity gateway module for remotely offloading aircraft data from avionics of an aircraft, the avionics including a plurality of sensors, the aviation connectivity gateway module comprising (claim 1 – “An aviation connectivity gateway module for remotely offloading aircraft data from avionics of an aircraft, the avionics including a plurality of sensors, the aviation connectivity gateway module comprising”):
a processor configured to receive a remote wake-up command indicating an invocation to wake up and power on the avionics to pull sensor readings from the sensors (claim 1 – “a processor configured to receive a remote wake-up command when the avionics are in a powered off state and the aircraft is not flying, the remote wake-up command indicating an invocation to wake up and power on the avionics to obtain sensor readings from the sensors”);
a first communication element configured to communicatively couple the processor to the avionics when the processor receives the remote wake-up command (claim 1 – “a first communication element configured to communicatively couple the processor to the avionics when the processor receives the remote wake-up command”);
a second communication element configured to communicatively couple the processor to a remote computing device (claim 1 – “a second communication element configured to communicatively couple the processor to a remote computing device”); and
a memory configured to store the aircraft data obtained from the avionics (claim 2 – “a memory configured to store the aircraft data obtained from the avionics”),
wherein the processor is further configured to: power on the avionics when the processor receives the remote wake-up command and the avionics are initially in a powered off state, obtain the aircraft data from the avionics and store the aircraft data on the memory when the avionics have been powered on (claim 1 – “wherein the processor is further configured to: power on the avionics when the processor receives the remote wake-up command; obtain the aircraft data from the avionics when the avionics have been powered on”), and transmit the aircraft data from the memory to the remote computing device via the second communication element so as to remotely acquire aircraft data when the avionics are initially in the powered off state (claim 1 – “transmit the aircraft data to the remote computing device via the second communication element so as to remotely acquire aircraft data when the avionics are in the powered off state and the aircraft is not flying”),
the aviation connectivity gateway module being configured to operate in an airborne mode, a ground mode, a sleep mode, a deep sleep mode, and a pilot data request mode, the aviation connectivity gateway module being further configured to switch from the deep sleep mode to the pilot data request mode when the processor receives the remote wake-up command (claim 6 – “wherein the aviation connectivity gateway module is configured to operate in an airborne mode, a ground mode, a sleep mode, a deep sleep mode, and a pilot data request mode, the aviation connectivity gateway module being configured to switch from the deep sleep mode to the pilot data request mode when the processor receives the remote wake-up command”),
the aviation connectivity gateway module being configured to generate aircraft data independently from the avionics (claim 10 – “wherein the aviation connectivity gateway module is configured to generate aircraft data independently from the avionics”).
However, U.S. Patent No. US 12150061 B2 is silent on details about (1) the aviation connectivity gateway module is configured to transmit the aircraft data via a backup transmission means if a primary transmission means is unavailable.
Baum discloses that the aviation connectivity gateway module is configured to transmit the aircraft data via a backup transmission means if a primary transmission means is unavailable (claim 24 – “wherein the gateway transmits event data of the security system to the central monitoring station over the secondary communication link when the primary communication link is unavailable”).
Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed the invention, to modify the invention of U.S. Patent No. US 12150061 B2 to incorporate secondary communication link from Baum because doing so would apply a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP §2141 -III) to improve the reliability of data connection.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG HONG whose telephone number is (571)270-7928. The examiner can normally be reached on Monday-Friday from 8:00 am to 5:00 pm.
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/DUNG HONG/
Primary Examiner, Art Unit 2643
Prosecution Insights