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 .
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 20-39 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent No. 12,229,478 in view of Shibi (US 2010/0023203).
For example;
Instant Application
U.S. Patent No. 12,229,478, Application No. 18/490,489
20. A method comprising:
receiving, by a device, atmospherics information comprising location-based atmospherics data;
identifying, by the device, geographic information corresponding to a location;
analyzing, by the device, based on the geographic information, the atmospherics information;
determining, by the device, based on the analysis of the atmospherics information, an actionable set of instructions, the actionable set of instructions enabling modification of an environment related to the geographic information of the location; and
storing, by the device, the actionable set of instructions in a database accessible over a network to at least one of the device or device at the location.
1. A method comprising:
receiving, by a device, atmospherics information comprising global atmospherics data and local atmospherics data;
identifying, by the device, geographic information corresponding to a locale of a user;
identifying, by the device, health-care information related to the user;
analyzing, by the device, based on the geographic information and the health-care information, the atmospherics information;
determining, by the device, based on the analysis of the atmospherics information, an actionable set of instructions, the actionable set of instructions enabling modification of an environment related to the geographic information of the locale in line with the health-care information; and
causing, by the device, execution of the actionable set of instructions.
No
23. The method of claim 22, further comprising the display further comprising information related to at least one of the geographic information or the actionable set of instructions.
18. The non-transitory computer-readable storage medium of claim 35, wherein the actional set of instructions comprise at least one of a display on an electronic display……
25. The method of claim 20, further comprising the atmospherics information being collected and provided from at least one of sensors at the location or a database configured to house information from the location.
6. The method of claim 20, wherein the atmospherics information is received from at least one of a sensor and database, wherein the sensor corresponds to a launched satellite, wherein the database provides data collected from a satellite in a satellite group.
27. The method of claim 20, further comprising: identifying health-care information related to a user; and performing the analysis based further on the health-care information.
1……. health-care information related to the user; analyzing, by the device, based on the geographic information and the health-care information…
28. The method of claim 20, further comprising: analyzing the atmospherics information by executing a predictive algorithm; and determining, based on the predictive algorithm analysis, atmospheric patterns for a time period, the time period being a time in the future from a current time,
wherein the actionable set of instructions are further based on the determined atmospheric patterns.
2. The method of claim 20, wherein the analysis of the atmospherics information comprises: analyzing the atmospherics information based on the geographic information and the health-care by executing, by the device, a predictive algorithm; and determining, based on the predictive algorithm analysis, atmospheric patterns for a time period, the time period being a time in the future from a current time.
3. The method of claim 21, wherein the determined set of actional set of instructions are further based on the determined atmospheric patterns.
29. The method of claim 20, further comprising the actionable set of instructions comprising at least one of a display on an electronic display, personalized recommendations for the user to act, manipulations of personal devices or manipulations of movements of at least one satellite.
4. The method of claim 20, wherein the actional set of instructions comprise at least one of a display on an electronic display, personalized recommendations for the user to act, manipulations of personal devices and manipulations of movements of at least one satellite.
30. A system comprising: a processor configured to:
receive atmospherics information comprising location-based atmospherics data;
identify geographic information corresponding to a location;
analyze, based on the geographic information, the atmospherics information;
determine, based on the analysis of the atmospherics information, an actionable set of instructions, the actionable set of instructions enabling modification of an environment related to the geographic information of the location; and
store, by the device, the actionable set of instructions in a database accessible over a network to at least one of the device or device at the location.
30. A device comprising: a processor configured to:
receive atmospherics information comprising global atmospherics data and local atmospherics data;
identify geographic information corresponding to a locale of a user; identify health-care information related to the user;
analyze, based on the geographic information and the health-care information, the atmospherics information;
determine, based on the analysis of the atmospherics information, an actionable set of instructions, the actionable set of instructions enabling modification of an environment related to the geographic information of the locale in line with the health-care information; and cause execution of the actionable set of instructions.
No
33. The system of claim 32, further comprising the display further comprising information related to at least one of the geographic information or the actionable set of instructions.
18. The non-transitory computer-readable storage medium of claim 35, wherein the actional set of instructions comprise at least one of a display on an electronic display……
35. The system of claim 30, further comprising the atmospherics information being collected and provided from at least one of sensors at the location or a database configured to house information from the location.
6. The method of claim 20, wherein the atmospherics information is received from at least one of a sensor and database, wherein the sensor corresponds to a launched satellite, wherein the database provides data collected from a satellite in a satellite group.
37. A non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions, that when executed by a device, perform a method comprising:
receiving, by the device, atmospherics information comprising location-based atmospherics data;
identifying, by the device, geographic information corresponding to a location;
analyzing, by the device, based on the geographic information, the atmospherics information;
determining, by the device, based on the analysis of the atmospherics information, an actionable set of instructions, the actionable set of instructions enabling modification of an environment related to the geographic information of the location; and
storing, by the device, the actionable set of instructions in a database accessible over a network to at least one of the device or device at the location.
16. A non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions, that when executed by a processor, perform a method comprising:
receiving, by the device, atmospherics information comprising global atmospherics data and local atmospherics data;
identifying, by the device, geographic information corresponding to a locale of a user; identifying, by the device, health-care information related to the user;
analyzing, by the device, based on the geographic information and the health-care information, the atmospherics information;
determining, by the device, based on the analysis of the atmospherics information, an actionable set of instructions, the actionable set of instructions enabling modification of an environment related to the geographic information of the locale in line with the health-care information; and causing, by the device, execution of the actionable set of instructions.
No
In view of the above, it is clear that the claims 20, 30, and 37 of the instant application and the claims 1, 11, and 16 of U.S. Patent No. 12,229,478, Application No. 18/490,489 merely recited the same invention except for storing, by the device, the actionable set of instructions in a database accessible over a network to at least one of the device or device at the location.
However, in related art, Shihi teaches storing, by the device, the actionable set of instructions in a database accessible over a network to at least one of the device or device at the location (See abstract; Paragraphs [0007, 0017, 0020, and 0029]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made to use (pre-AIA ) or before the effective filing date of the claimed invention (AIA ) to use Shibi’s teaching about storing, by the device, the actionable set of instructions in a database accessible over a network to at least one of the device or device at the location to the US Patent 10,069,200, Application No. 14/660,215 in order to perform data/voice communications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fuller et al. (US 2016/0380904), Saija (US 2016/0128108), Miyashita (US 2002/0019225), Fieischer, III et al. (US Patent #6,097,802), and Ashley (US Patent #5,402,116).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC E REGO whose telephone number is (571)272-8132. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim can be reached at 571-272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DOMINIC E REGO/Primary Examiner, Art Unit 2648 Tel 571-272-8132