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 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the receiving grooves" in line 8. There is insufficient antecedent basis for this limitation in the claim. It is unclear if it is referring to the plurality of receiving grooves in lines 6-7 or other receiving grooves. If it is referring to the plurality of receiving grooves in lines 6-7, then it should be amended to recite “the plurality of receiving grooves”. Appropriate correction is required.
Claim 1 recites the limitation "the waveguide element" in line 11. There is insufficient antecedent basis for this limitation in the claim. It is unclear if it is referring to the waveguide element in contact with the plurality of balls in line 11 or another waveguide element. If it is referring to the waveguide element in contact with the plurality of balls in line 11, then it should be amended to recite “the waveguide element in contact with the plurality of balls”. Appropriate correction is required.
Claim 13 recites the limitation " the first vibration by the sensor" in line 11. There is insufficient antecedent basis for this limitation in the claim. It is unclear if it is referring to the first vibration of the waveguide element by the sensor in line 10 or another first vibration by the sensor. If it is referring to the first vibration of the waveguide element by the sensor in line 10, then it should be amended to recite “the first vibration of the waveguide element by the sensor”. Appropriate correction is required.
Claim 13 recites the limitation " the second vibration by the sensor" in line 14. There is insufficient antecedent basis for this limitation in the claim. It is unclear if it is referring to the second vibration of the waveguide element by the sensor in line 13 or another second vibration by the sensor. If it is referring to the first vibration of the waveguide element by the sensor in line 10, then it should be amended to recite “the second vibration of the waveguide element by the sensor”. Appropriate correction is required.
Claims 2-12 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph for being dependent on claim 1.
Claims 14-16 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph for being dependent on claim 13.
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, 10, 13-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. US 12196601 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims cover the same subject matter.
Both independent claims’ features of the instant application and the co-pending application can be compared as:
Instant Application: 18962204 (Claim 1)
US Patent: US 12196601 B2 (Claim 1)
A tamper-detection device configured to be disposed in a casing comprising a lower casing and an upper casing, the tamper-detection device comprising:
A disassembling detection device configure to be disposed in a casing comprising a lower casing and an upper casing, wherein the disassembling detection device comprising:
a base plate configured to being affixed in the lower casing;
a base plate configured to being affixed in the lower casing;
a vibrator disposed on the base plate;
a vibrator disposed on the base plate;
a sensor disposed on the base plate;
a sensor disposed on the base plate;
a carrier disposed between the vibrator and the sensor, the carrier comprising a plurality of receiving grooves;
a carrier disposed between the vibrator and the sensor, the carrier comprising a plurality of receiving grooves;
a plurality of balls arranged in the receiving grooves in a predetermined arrangement, wherein a number of the plurality of balls is less than a number of the plurality of receiving grooves; and
a plurality of balls arranged in the receiving grooves by a predetermined arrangement, wherein a number of the plurality of balls is less than a number of the plurality of receiving grooves;
a waveguide element in contact with the plurality of balls,
a waveguide element in contact with the plurality of balls; and
wherein the vibrator is configured to vibrate the waveguide element, and the sensor detects a vibration of the waveguide element.
a magnetic element disposed on the waveguide element, and configured to be affixed to the upper casing;
wherein when the upper casing is separated from the lower casing, the waveguide element is pulled away from the carrier, and the magnetic element attracts the plurality of balls to the waveguide element.
Instant Application: 18962204 (Claim 2)
US Patent: US 12196601 B2 (Claim 4)
The tamper-detection device as claimed in claim 1, wherein each of a top of the vibrator and a top of the sensor is in contact with the waveguide element.
The disassembling detection device as claimed in claim 1, wherein each of a top of the vibrator and a top of the sensor is in contact with the waveguide element.
Instant Application: 18962204 (Claim 3)
US Patent: US 12196601 B2 (Claim 5)
The tamper-detection device as claimed in claim 1, wherein each of a top of the vibrator and a top of the sensor is in contact with the waveguide element.
The disassembling detection device as claimed in claim 1, wherein the base plate is a circuit board, and the vibrator and the sensor are electrically connected to the circuit board.
Instant Application: 18962204 (Claim 4)
US Patent: US 12196601 B2 (Claim 1)
The tamper-detection device as claimed in claim 1, wherein a magnetic element is disposed on the waveguide element, and configured to be affixed to the upper casing, wherein when the upper casing is separated from the lower casing, the waveguide element is pulled away from the carrier, and the magnetic element attracts the plurality of balls to the waveguide element.
… a magnetic element disposed on the waveguide element, and configured to be affixed to the upper casing; wherein when the upper casing is separated from the lower casing, the waveguide element is pulled away from the carrier, and the magnetic element attracts the plurality of balls to the waveguide element.
Instant Application: 18962204 (Claim 5)
US Patent: US 12196601 B2 (Claim 6)
The tamper-detection device as claimed in claim 4, further comprising a connecting element connected to the magnetic element and the waveguide element, and the waveguide element is separated from the magnetic element by the connecting element.
The disassembling detection device as claimed in claim 1, further comprising a connecting element connected to the magnetic element and the waveguide element, and the waveguide element is separated from the magnetic element.
Instant Application: 18962204 (Claim 6)
US Patent: US 12196601 B2 (Claim 7)
The tamper-detection device as claimed in claim 5, wherein the connecting element is an elastic part, and configured to reduce vibrations of the waveguide element being transmitted to the magnetic element, and the waveguide element is affixed to the magnetic element by the connecting element.
The disassembling detection device as claimed in claim 6, wherein the connecting element is an elastic part, and configured to reduce vibrations of the waveguide element being transmitted to the magnetic element.
Instant Application: 18962204 (Claim 7)
US Patent: US 12196601 B2 (Claim 9)
The tamper-detection device as claimed in claim 4, wherein the magnetic element is a plate structure, and adhered to the upper casing by glue, and the magnetic element is parallel to the waveguide element.
The disassembling detection device as claimed in claim 1, wherein the magnetic element is a plate structure, and adhered to the upper casing by glue, wherein the magnetic element is parallel to the waveguide element.
Instant Application: 18962204 (Claim 8)
US Patent: US 12196601 B2 (Claim 10)
The tamper-detection device as claimed in claim 4, wherein the magnetic element comprises: a fixed plate having an opening; and a magnet disposed in the opening, wherein the opening is at a central area of the fixed plate, and the magnet corresponds to a central area of the carrier.
The disassembling detection device as claimed in claim 1, wherein the magnetic element comprises: a fixed plate having an opening; and a magnet disposed in the opening. wherein the opening is at a central area of the fixed plate, and the magnet corresponds to a central area of the carrier.
Instant Application: 18962204 (Claim 10)
US Patent: US 12196601 B2 (Claim 8)
The tamper-detection device as claimed in claim 1, wherein the carrier comprises: a carrying body fastened to the base plate, and comprising the receiving grooves; and a buckle structure connected to the carrying body, and fastened to the magnetic element; wherein when the upper casing is separated from the lower casing, the buckle structure is separated from the magnetic element.
The disassembling detection device as claimed in claim 1, wherein the carrier comprises: a carrying body comprising the receiving grooves; and a buckle structure connected to the carrying body, and fastened to the magnetic element; wherein when the upper casing is separated from the lower casing, the buckle structure is separated from the magnetic element.
Instant Application: 18962204 (Claim 13)
US Patent: US 12196601 B2 (Claim 1, 2 and 3)
A tamper-detection method of an electronic apparatus comprising:
providing a tamper-detection device with a carrier, a vibrator, a waveguide element, and a sensor;
, wherein the disassembling detection device comprising:
a base plate configured to being affixed in the lower casing; a vibrator disposed on the base plate; a sensor disposed on the base plate; a carrier disposed between the vibrator and the sensor, the carrier comprising a plurality of receiving grooves;
affixing a tamper-detection device to a lower casing and an upper casing of an electronic apparatus;
A disassembling detection device configure to be disposed in a casing comprising a lower casing and an upper casing
arranging a plurality of balls in a plurality of receiving grooves of the carrier in a predetermined arrangement, and covering the upper casing on the lower casing;
a plurality of balls arranged in the receiving grooves by a predetermined arrangement, wherein a number of the plurality of balls is less than a number of the plurality of receiving grooves;
transmitting a vibration signal to the vibrator, and vibrating the waveguide element by the vibrator according the vibration signal;
wherein the vibrator is configured to vibrate the waveguide element when a vibration signal is generated (Claim 2)
detecting a first vibration of the waveguide element by the sensor, and forming a setting signal according to the first vibration by the sensor;
the sensor detects a vibration of the waveguide element and generates a setting signal when the waveguide element is vibrated by the vibrator. (Claim 2)
transmitting the vibration signal to the vibrator;
wherein the vibrator is configured to vibrate the waveguide element when a vibration signal is generated (Claim 2)
detecting a second vibration of the waveguide element by the sensor, forming a test signal according to the second vibration by the sensor; and
the sensor detects a vibration of the waveguide element and generates a setting signal when the waveguide element is vibrated by the vibrator. (Claim 2);
the sensor detects the waveguide element and generates a test signal (claim 3)
if the test signal detected is different from the setting signal, determining the upper casing have been opened by unauthorized operations after the setting signal is generated.
the test signal is different from the setting signal (claim 3)
Regarding claim 14, US Patent: US 12196601 B2 (Tang) does not specifically disclose further comprising: recording and storing the setting signal by the electronic apparatus.
However, US 20050039040 A1 (Ransom, Douglas S. et al.) does disclose further comprising: recording and storing the setting signal by the electronic apparatus (par.86 “The network interface 435 is coupled with the EM Network 270 via a channel 445, and transmits EM data to and receives EM data from the EM Network 270 … The memory 422 is operable to store and retrieve data.”; par.127 “Any recorded images may be stored in EM Component 200”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tang to include the teachings of Ransom; which would provide an energy management device which further includes a tamper prevention seal coupled with the energy management device, operative to substantially deter unauthorized access to the energy management device and indicate any such access, and a seal tamper detection unit coupled with the processor and the tamper prevention seal and operative to detect when the tamper prevention seal indicates that unauthorized access has occurred as disclosed by Ransom (par.24).
Instant Application: 18962204 (Claim 15)
US Patent: US 12196601 B2 (Claim 1 & 3)
The tamper-detection method as claimed in claim 13, further comprising: separating the upper casing from the lower casing; and arranging of the plurality of balls in the receiving grooves in an arrangement that is different from the predetermined arrangement.
wherein when the upper casing is separated from the lower casing (claim 1)
wherein when the arrangement of the balls in the receiving grooves is different from the predetermined arrangement (claim 3)
Instant Application: 18962204 (Claim 16)
US Patent: US 12196601 B2 (Claim 1)
The tamper-detection method as claimed in claim 15, wherein the tamper-detection device is further provided with a magnetic element disposed on the waveguide element; the tamper-detection device is affixed to the electronic apparatus by affixing the waveguide element to the upper casing of the electronic apparatus; and the tamper-detection method further comprising:
pulling away the waveguide element of the tamper-detection device from the carrier by the upper casing; and attracting the plurality of balls to the waveguide element by the magnetic element.
a magnetic element disposed on the waveguide element, and configured to be affixed to the upper casing;
wherein when the upper casing is separated from the lower casing, the waveguide element is pulled away from the carrier, and the magnetic element attracts the plurality of balls to the waveguide element.
Allowable Subject Matter
Claims 9, 11 and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9, the prior art does not teach or suggest, in combination with the rest of the limitation of claims 1 and 4,
“… wherein the lower casing comprises a lower mounting protrusion, and the upper casing comprises an upper mounting protrusion, the base plate is affixed to the lower mounting protrusion, and the magnetic element is affixed to the upper mounting protrusion.”
Regarding claim 11, the prior art does not teach or suggest, in combination with the rest of the limitation of claims 1 and 10,
“… wherein the receiving grooves are arranged in an array, and the balls protrude out of the receiving grooves and the carrying body.”
Regarding claim 12, the prior art does not teach or suggest, in combination with the rest of the limitation of claim 1,
“… a number of the plurality of balls is in a range of 0.1 times to 0.9 times of a number of the plurality of receiving grooves.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 20160109326 A1; Sanchez; Jorge et al. is a method and optical shield for detecting tampering.
US 20140204543 A1; CHANG; YENG MING et al. is a tamper protection device and data transaction apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL F.R. TCHATCHOUANG whose telephone number is (571)272-3991. The examiner can normally be reached Monday - Friday 8:00am -5:00am.
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/CARL F.R. TCHATCHOUANG/Examiner, Art Unit 2858
/RAUL J RIOS RUSSO/Examiner, Art Unit 2858
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