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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 9 recites the following limitation:
“wherein the first radio frequency tags is configured to send a location and communication signal when it or its transceiver is activated by its activation signal receiver receiving an activation signal from the first radio frequency portable tag”.
The above limitation indicates that the first radio frequency tag or the transceiver of the first radio frequency tag is activated by an activation signal from the first radio frequency portable tag itself. The specification of the instant application teaches a radio frequency tag is activated by an exciter (as described in paragraph 0036 of the specification of instant application) or activated by an activated signal from another radio frequency tag (as described in paragraph 0041 of the specification of instant application). The specification fails to disclose a radio frequency tag being activated by activation signal received from the radio frequency tag itself,
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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,156,166 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following comparison.
Claim
Instant Application
Claim
US Patent 12,156,166 B2
1
A radio frequency portable tag for a location system, comprising:
a transceiver configured to send and receive radio frequency location and communication signals;
an activation signal receiver configured to receive activation signals to activate the tag and/or the transceiver; and
an activation signal transmitter configured to send activation signals for activating other radio frequency tags.
1
A radio frequency portable tag for a location system, comprising:
a transceiver configured to send and receive radio frequency location and communication signals;
an activation signal receiver configured to receive activation signals to activate the radio frequency portable tag and/or the transceiver; and
an activation signal transmitter configured to send activation signals for activating other radio frequency tags;
wherein the transceiver is configured to send a radio frequency location and communication signal including information indicating that the radio frequency portable tag was activated by at least one of the other radio frequency tags.
2
The radio frequency portable tag according to Claim 1, further comprising a controller configured to control the transceiver and the activation signal transmitter, wherein activation of the tag comprises activation of the controller.
2
The radio frequency portable tag according to claim 1, further comprising a controller configured to control the transceiver and the activation signal transmitter, wherein activation of the radio frequency portable tag comprises activation of the controller.
3
The radio frequency portable tag according to Claim 2, further comprising a battery configured to power the transceiver, the activation signal receiver, the activation signal transmitter, and the controller.
3
The radio frequency portable tag according to claim 2, further comprising a battery configured to power the transceiver, the activation signal receiver, the activation signal transmitter, and the controller.
4
The radio frequency portable tag according to Claim 1, wherein the transceiver is one of a high frequency transceiver, an ultra-high frequency transceiver and a super high frequency transceiver.
4
The radio frequency portable tag according to claim 1, wherein the transceiver is one of a high frequency transceiver, an ultra-high frequency transceiver and a super high frequency transceiver.
5
The radio frequency portable tag according to Claim 4, wherein the transceiver is configured to send and receive signals according to at least one of the IEEE 802.11 standards, the Bluetooth SIG specifications, and the Bluetooth Low Energy standard.
5
The radio frequency portable tag according to claim 4, wherein the transceiver is configured to send and receive signals according to at least one of the IEEE 802.11 standards, the Bluetooth SIG specifications, and the Bluetooth Low Energy standard.
6
The radio frequency portable tag according to Claim 1, wherein the activation signals comprise at least one of low frequency RF signals, high frequency RF signals, and 125 kHz RF signals.
6
The radio frequency portable tag according to claim 1, wherein the activation signals comprise at least one of low frequency RF signals, high frequency RF signals, and 125 kHz RF signals.
7
The radio frequency portable tag according to Claim 1, wherein the activation signal transmitter is activated to transmit activation signals when the activation signal receiver receives an activation signal from another device.
7
The radio frequency portable tag according to claim 1, wherein the activation signal transmitter is activated to transmit activation signals when the activation signal receiver receives an activation signal from another device.
8
The radio frequency portable tag according to Claim 7, wherein the another device is at least one of a fixed exciter and a second radio frequency portable tag.
8
The radio frequency portable tag according to claim 7, wherein the another device is at least one of a fixed exciter and a second radio frequency portable tag.
(1) regarding claim 1:
Claim 1 of US Patent 12,156,166 B2 discloses all subject matter of claim 1 as shown above, therefore, claim 1 of US Patent 12,156,166 B2 anticipated claim 1.
(2) Regarding claims 2-8:
Claims 2-8 of US Patent 12,156,166 B2 discloses all subject matter of claims 2-8 as shown above, therefore, claims 2-8 of US Patent 12,156,166 B2 anticipated claims 2-8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bengtsson et al. (US 2022/0014892 A1) discloses electronic tag for data management.
Compaijen (EP 3467699 A1) discloses systema of RFID reader units transmitting synchronized modulation using asynchronous carrier waves.
Gernandt et al. (US 2012/0242481 A1) used in European search report discloses an apparatus and method for locating, tracking, controlling and recognizing tagged object using active RFID technology with a area tag or an intermittently active RFID tag shown in figure 6 comprising a single RF transceiver for extending the range of controller 103 and the fixed tag 101, but fails to disclose a transceiver configured to send and receive radio frequency location and communication signals; an activation signal receiver configured to receive activation signals to activate the tag and/or the transceiver; and an activation signal transmitter configured to send activation signals for activating other radio frequency tags.
Liin et al. (US 2017/0006424 A1) discloses a wireless u3nderground location tracking.
Shakedd et al. (US 2021/0027608 A1) discloses wireless dual-mode identification tag.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIU M LEE whose telephone number is (571)270-1083. The examiner can normally be reached M-T 8:30-7:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh M Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIU M LEE/Primary Examiner, Art Unit 2632 9/15/2026
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