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 .
This office action in is response to new claims 1-21 filed on Apr.03, 2025.
New claims 1-21 have been added.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 8, 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 13 respectively of U.S. Patent No. 10,251,022 . Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all the limitations of the instant application claims, respectively (see table below). The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Claims 2-7, 9-14, and 16-21 are rejected as being dependent on independent claims 1, 8 and 15.
Application 18/955,476
U.S. Patent No. 10,251,022
Claims 1, 8 and 15.
A method comprising: associating, with a first set of premises devices at a location, a first set of premises device identifiers associated with a first event; associating, with a second set of premises devices at the location, a second set of premises device identifiers associated with a second event; causing, based on the first event occurring, activation of a first application on a user device, wherein the first application monitors for the first set of premises device identifiers; and causing, based on the second event occurring, activation of a second application on the user device, wherein the second application monitors for the second set of premises device identifiers.
Claim 1.
A method comprising: assigning, to a first set of premises devices at a location, a first set of premises device identifiers associated with a first event; assigning, to a second set of premises devices at the location, a second set of premises device identifiers associated with a second event; determining, based on an event schedule, that the first event is occurring; activating, in response to the first event occurring, a first application on a user device that monitors for the first set of premises device identifiers; deactivating, in response to determining, based on the event schedule, that the first event has ended, the first application on the user device; and activating, in response to determining, based on the event schedule, that the second event is occurring, a second application on the user device to monitor for the second set of premises device identifiers.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 8-9 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ferris et al. (2011/0213691).
Regarding claim 15, Ferris discloses a system (see abstract, fig.3, element 104, paragraphs [0006], [0028] and its description) comprising: a computing device (see abstract, figs.3-4, element 104, paragraphs [0006-0007], [0028] and its description) configured to: associate, with a first set of premises devices at a location, a first set of premises device identifiers associated with a first event (see abstract, fig.3, element 104, 142 paragraphs [0006], [0026] and its description); associate, with a second set of premises devices at the location, a second set of premises device identifiers associated with a second event (see abstract, fig.3, element 104, 142, paragraphs [0006], [0026] and its description); cause, based on the first event occurring, activation of a first application on a user device, wherein the first application monitors for the first set of premises device identifiers (see abstract, fig3, elements 104, APPLICATION 1/142, [0006], [0026], [0029-0030] and its description); and cause, based on the second event occurring, activation of a second application on the user device, wherein the second application monitors for the second set of premises device identifiers (see abstract, fig.3, elements 104, APPLICATION C/142, paragraphs [0006], [0026], [0029-0030] and its description); and the user device configured to: operate one or more of the first application or the second application (see abstract, fig.3, elements APPLICATION 1/142, APPLICATION C/142, paragraphs [0006], [0026], [0029-0030] and its description).
Regarding claim 16, Ferris further discloses wherein the computing device is further configured to determine, based on an event schedule, one or more of the first event is occurring or the second event is occurring (see paragraphs [0031-0032]).
Regarding claims 1-21 and 8-9 recite limitations substantially similar to claims 15-16. Therefore, these claims were rejected for similar reasons as stated above.
Examiner's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CongVan Tran whose telephone number is (571) 272-7871. The examiner can normally be reached Mon-Th.
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UNITED STATES PATENT AND TRADEMARK OFFICE
/CONGVAN TRAN/
Primary Examiner, Art Unit 2647
Prosecution Insights