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 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 20-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12184808. Although the claims at issue are not identical, they are not patentably distinct from each other because
For example claim 1 in the patent and claim 1 in the instant application teaches {A system comprising: one or more processors; and a memory storing instructions, which, when executed by the one or more processors, causes the one or more processors (reads on notification management entity): receive an emergency alert from a first user device associated with a first organization, but not associated with a second organization; determine that the first user device is located within a first security zone of the first organization and a second security zone of the second organization; and based on a determination that the first user device is not associated with the second organization, provide a modified emergency alert to one or more administrator devices of the second organization, the modified emergency alert indicative of information in the emergency alert from a first registered user, but which maintains anonymity of the first registered user}.
The patent is narrower than the instant application and teach {open a communication channel between the first user device and one or more administrator devices of the first organization}. However, this limitation is part of claim 21. Therefore, it would have been obvious to one with ordinary skill in the art before the filing date of the claimed invention to combine claim 1 and 2 to obtain the patent.
Allowable Subject Matter
Claims 20-39 will be allowable if overcome the DP rejection.
The following is an examiner’s statement of reasons for indicating allowance:
Laird (US 20050085257) teaches, a notification management entity (Fig. 1, el. 114, Paragraph 41) configured to: receive an emergency alert from a first user device (Fig. 1, el. 100) associated with a first organization (Paragraph 63-64; and 213, 205: the user is registered/associated with the server of the campus), but not associated with a second organization (Paragraph 213: the second campus security management server reads on the “second organization”); determine that the first user device is located within a first security zone of the first organization (Paragraph 212, 215), open a communication channel between the first user device and an administrator device of the first organization (Paragraph 5, 11); provide emergency alert to an administrator device[[s]] of the second organization, emergency alert indicative of information in the emergency alert from the first user (Paragraph 213, 267).
Larid teaches that the user device maybe located within a second security zone of the second organization (Paragraph 205, 267: if the handset contacts its home campus security management server and that server determines that the handset is located within a region managed by another campus security management server. Each campus security management server provides routing services to other campus security management servers, so contact with the home campus security management server is supported on host campuses).
Hiraishi (US 20080304642) teaches modifying the emergency alert, the modified emergency alert indicative of information in the emergency alert from the first user, but which maintains the anonymity of the first registered user. (Paragraph 130, 139, 140).
Fitch (US 6,424840) teaches the first user device is located within a first security zone of the first organization and a second security zone of the second organization {in an emergency, a cellphone is located within a first security zone of the first organization and a second security zone of the second organization, identify the location of the cellphone (Col. 7, lines 26-60 and Fig. 6)}.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA EL-ZOOBI whose telephone number is (571)270-3434. The examiner can normally be reached Monday-Friday 7-4.
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/MARIA EL-ZOOBI/ Primary Examiner, Art Unit 2692
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