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 .
Specification
The disclosure is objected to because of the following informalities: the Specification filed on 10/25/2024, page 1, paragraph [0001], missing a new U.S. Patent Number 12,131,618.
Appropriate correction is required.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. US 12,131,618, 11,508,231 and US 10,796,559. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S Patent No. 12,131,618, 11,508,231 and US 10,796,559 fully encompass, and therefore anticipate the independent claims 1 and 13 accordingly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Romano discloses the remote alarm initiator is a portable, preferably hand-held transmitter/receiver. The operation of remote initiator is such that when activated the switch actuator used to activate the initiator is locked in an actuated state. The remote initiator thus will initially transmit a coded radio signal to one or more nearby fixed alarms for a short, predetermined period of time by the facility alarm or a central dispatcher. [US 5,235,320]
Rodgers discloses the provider at central station or otherwise fails to provide verification regarding predicted support exiting within a prescribed time period, the computer system may initiate an automated response in order to prevent or mitigate potential harm to patient. This may include one or both of sending notification to a responder regarding possible support exiting and/or sending a pre-recorded message.
[US 2007/0132597]
Layson discloses the improvement of public safety through the following elements: (1) the notification of subscribers to the information office in the vicinity of supervised released criminal offenders, where such notification can be given through an application on a fixed or mobile device. (2) sending reports of proximity information to the criminal justice supervision agency, (3) conducting a trend analysis and generating reports of potentially activity information. [ES 2689047 T3]
Any inquiry concerning this communication or earlier communications from examiner should be directed to primary examiner craft is Van Trieu whose telephone number is (571) 2722972. The examiner can normally be reached on Mon-Fri from 8:00 AM to 3:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Wang Quan-Zhen can be reached on (571) 272-3114.
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/VAN T TRIEU/
Primary Examiner, Art Unit 2685
02/18/2026
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