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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “12” has been used to designate both an electronic key and a sensor; reference character “14” has been used to designate a merchandise security device, an item of merchandise, and a retail fixture; reference character “16” has been used to designate a programming or authorization station and a monitoring device; reference character “17” has been used to designate an input port and a battery cover; reference character “18” has been used to designate a charging station and alarm module. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of U.S. Patent No. 12,159,519. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims pertain to similar subject matter. The independent claims of the current application are merely the independent claims of the ‘519 reference with the alarm mode communicating using a third wireless communication protocol separated into its own dependent claim with the subject matter of claims 25 and 26 of the ’519 reference incorporated therein.
A prior art rejection has not been formulated in this Office action as the claimed subject matter is substantially similar to that found in the ‘519 reference mentioned above.
Using two separate communications protocols in security devices is not new as seen in the systems taught by Chantelou et al [U.S. 7,804,403]. Also, the gateway-based anti-theft security system taught by Blaser et al [U.S. 9,892,604] uses two communications protocols. However, the claimed protocols mentioned in the current application is for the exclusive use of the plurality of security devices deployed in the retail store and is separate from any other private or public network operated by the retail store.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Orlando et al [U.S. 6,868,493] comprises a plurality of security subsystems.
Bandy et al [U.S. 7,148,803] includes one or more RF addressable sensors in a communications network.
Grant et al [U.S. 10,210,681] includes a plurality of electronic keys in a security system.
Baker et al [U.S. 11,361,635] includes a plurality of security devices arranged in a planogram.
Wood et al [U.S. 12,406,556] provides locks to protect items from theft.
Fawcett et al [U.S. 12,494,100] includes a plurality of locking hooks.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN A. TWEEL JR whose telephone number is (571)272-2969. The examiner can normally be reached M-F 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta W Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAT
2/11/2026
/JOHN A TWEEL JR/Primary Examiner, Art Unit 2689