DETAILED ACTION
Claims 1-20 are pending. This is in response to the application filed on November 15, 2024, which is a Continuation of the parent application 18/631,768 filed on April 10, 2024, as Patent 12149524.
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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1, 19 and 20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 19 and 20 respectively of prior U.S. Patent No. 12,149524. This is a statutory double patenting rejection.
Prior art made of record and not relied upon
Pub 20220245661: Food ordering system with customer mobile device application responds to the restaurant beacon ping with identifying info if the beacon is properly credentialed where data on the customer application is proximity-based (Figs. 20-22 and related text).
Inquiry communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI M TRAN whose telephone number is (571)270-1994. The examiner can normally be reached Mon-Fri: 9am-5pm.
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/TRI M TRAN/Primary Examiner, Art Unit 2432
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