DETAILED ACTION
This office action is in response to communication filed on 8 November 2024.
Claims 1 – 8 are presented for examination.
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 .
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 – 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 8 of U.S. Patent No. 10,546,343 in view of U.S. P.G. Pub. 2004/0177008 (hereinafter, Yang). Yang teaches obtaining individual arrival estimates for when each user is expected to arrive (¶ 159, "User and the MPS server may install devices that utilize location determination technique, such as Mobile Location Determination System (MLDS), Global Positioning System (GPS) or car navigation system etc. A tracking device installed with the user along with the device installed with the MPS server may allow the MPS operator (or the MPS server) to detect the user's current location and/or traveling directions. The MPS operator (or the MPS server) may periodically update the user's current location information by using these technologies and use this information to estimate the time of user arrival and prepare the user's order accordingly."). It would have been obvious to one having ordinary skill in the art prior to the effective filing date to combine obtaining from Yang with U.S. Patent No. 10,546,343. This combination would have yielded a predictable result because one can obtain estimates different ways that includes a calculating step, so the obtaining of Yang from a mobile tracking device is a simple swap that would seamlessly encompass calculating functionality as a method of obtaining.
Claims 1 – 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 8 of U.S. Patent No. 11,610,253. Although the claims at issue are not identical, they are not patentably distinct from each other because the differences are minor including obtaining versus calculating arrival estimates that could be interpreted as similar claimed functionality.
Allowable Subject Matter
None of the prior art of record, taken individually or in any combination, teach, inter alia a method of: processing a plurality of orders for goods at a provider location, comprising: (i) obtaining, by a data processing system, individual arrival estimates for when each of a plurality of users is expected to arrive, each user associated with a respective order, wherein: the arrival estimates ae obtained by networked mobile wireless telecommunication computing devices associated with the respective orders, independently of the data processing system, based on respective locations of the networked mobile wireless telecommunication computing devices; and whereby the data processing system does not have to calculate the arrival estimates to thereby distribute processing load away from the data processing system to the networked mobile wireless telecommunication computing devices; (ii) the data processing system using the arrival estimates to schedule processing of the orders; (iii) the data processing system obtaining an arrival sequence estimate for the users indicating a sequence in which the users are expected to arrive at a target within the provider location, wherein: the arrival sequence estimate is different from the arrival estimates for the users, and is also obtained other than from the arrival estimates for the users because: the arrival estimates are based on at least predicting paths of the networked mobile wireless telecommunication computing devices through a constrained travel path network; whereas obtaining the arrival sequence estimate comprises the data processing system ordering the users according to their respective radial distances from another networked mobile wireless telecommunication computing device located at a target within the provider location, wherein the radial distances are calculated independent of the constrained travel path network; the radial distances being obtained by the data processing system using location information received from the networked mobile wireless telecommunication computing devices and obtained using at least one of global positioning system coordinates, cellular repeater triangulation coordinates and Wi-Fi triangulation coordinates; (iv) processing the orders to produce completed orders; and (v) organizing the completed orders for presentation to the users according to the arrival sequence estimate, wherein organization of the completed orders according to the arrival sequence estimate is independent of the arrival estimate; wherein the sequence in which the users are expected to arrive at the target within the provider location, as represented by the arrival sequence estimate, is different from the sequence in which order processing for the users is triggered according to the arrival estimates.
Furthermore, neither the prior art, the nature of the problem, not knowledge of a person having ordinary skill in the art provides for any predictable or reasonable rationale to combine prior art teachings.
The closest prior art to the Applicant's claimed invention is U.S. P.G. Pub. 2004/0177008 (hereinafter, Yang). Yang discloses determining arrival time estimates based on mobile tracking for preparation of user order, but does not disclose the particular method of determining separate calculation for arriving at the overall location estimate and then a separate calculation as to when a particular user, once inside the location, will arrive at the front of the line as part of a sequence as is claimed in this application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA GURSKI whose telephone number is (571)270-5961. The examiner can normally be reached Monday to Thursday 7am to 5pm EST.
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/AMANDA GURSKI/Primary Examiner, Art Unit 3625