The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This is in response to amended claims filed on 12/3/24, in which Claims 1-20 are presented for examination of which Claims 1, 8 and 14 are in independent form.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-14 of U.S. Patent No. 11704528 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because, broader claims in a later application constitute obvious double patenting of narrow claims in an issued patent. See In re Van Ornum and Stang, 214, USPQ 761, 766, and 767 (CCPA) (the court sustained an obvious double patenting rejection of generic claims in a continuation application over narrower species claims in an issued patent); In re Vogel, 164 USPQ 619, 622, and 623 (CCPA 1970) (generic application claim specifying "meat" is obvious double patenting of narrow patent claim specifying "pork"). Alternatively, it would have been obvious to one having ordinary skill in the art at the time the invention was made to omit the additional elements, since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Allowable Subject Matter
Claims 1-20 would allowable if a terminal disclaimer is filed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
MOHIUDDIN et al. (Mohiuddin; US 20190354824 A1) discloses an energy harvesting radio Frequency Identification (RFID) chip (Abstract) with two level power output ([0055]), comprising: a processor (310 of Fig 3 controller); a non-transitory memory (308 of Fig 3 memory); a first radio transceiver (306 of Fig 3 transceiver); a circuit (including 302, 332 of Fig 3) configured to convert radio frequency (RF) energy from ambient RF signals received by a first energy harvesting antenna (718 of Fig 7A; [0050] energy harvesting circuit 302 is configured to harvest energy from one or more sources (e.g., heat, light, vibration, magnetic field, and/or RF energy)) to a first electrical energy level and to convert RF energy from proximate RF signals to a second electrical energy level ([0041] antenna 302, 312 for allowing data to be exchanged with the external device via a wireless communication technology (e.g., an RFID technology)); an energy storage device (336 of Fig 3, 414 of Fig 4) configured to store electrical energy ([0059]-[0060]); and an application stored in the non-transitory memory that ([0040] communication protocols are part of the device's firmware and reside in memory 308), when executed by the processor in response to the first electrical energy level, transfers a beacon (722 of Fig 7B obtains updates and 628 of Fig 6B transmits beacon, item related information, (see 724 of Fig 7B)) to the first radio transceiver to broadcast in a first RF range ([0077]-[0078] steps 628 and 630 transmits a signal (e.g., a beacon or RF signal) including item related information (e.g., all or a portion of the same or different item related information that was previously output from the EST). This transmission is achieved using a communication enabled device of the EST (e.g., a communication enabled device 304 of FIG. 3). The transmitted signal is received by an external device and output therefrom, as shown by 630. The external device can include, but is not limited to, an ESL (e.g., ESL 104.sub.1, 104.sub.2, or 104.sub.3 of FIG. 1) and/or a mobile device (e.g., mobile device 126 of FIG. 1)); and communicating an alarm message from the EST to a remote computing device (e.g., computing device 112 of FIG. 1) indicating that the EST will be entering a deleted state). Mohiuddin does not teach in response to the second electrical energy level, transferring a message to the first radio transceiver or a second radio transceiver to broadcast in a second RF range.
Cote et al. (Cote; 2007/0205902) discloses a textile fabric system ([0006] used with an article of clothing), comprising: an article made from textile fabric ([0006]), comprising, a textile fabric ([0006]); a radio Frequency Identification (RFID) chip ([0027] RFID circuitry; 470 of Fig 4) retained by the thumb tack ([0006]), comprising, a non-transitory memory (part of RFID in order to store the ID), a radio transceiver ([0031 receiver at 440 and transmitter at 475 of Fig 6), an energy harvesting antenna (410 Fig 6), a circuit (420 of Fig 6) configured to convert energy received from a first energy harvesting antenna to a first electrical energy level by ambient radio frequency signals ([0027] RF harvesting circuitry 420 for converting the received ambient RF energy to a direct current signal) and a second electrical energy level by proximate radio frequency signals ([0031] directional coupler 446 is used to ensure that signals received by the antenna 445 only go to the receiver 440 and signals transmitted by the RFID transmitter 475 only go out the antenna 445), an energy storage device configured to store electrical energy ([0027] charge storage component 430), an application stored in the non-transitory memory that, when executed by the processor in response to a first electrical energy level, transfers an RFID identification to a first radio transceiver to broadcast in a first radio frequency signal ([0031] response from the RFID transmitter 475 can either be a generic signal identifying a tag's presence, or can be modulated with a code associated with each individual tag. It is advantageous that the tag responds to an interrogation with a unique identifier code as this allows for the tag to be affirmatively identified at a point of sale before a release signal is sent to the tag); a user equipment (UE) (600 of Fig 6), comprising, a short range radio transceiver (device 600 transmits an RF interrogation signal 610 through antenna 630…signal 620 sent by the RFID transmitter 475 is received by the detection device 600).
Ritter et al. (Ritter; US 2008/0129457) discloses a system, comprising: a radio Frequency Identification (RFID) chip ([0002] RFID chip), comprising, a non-transitory memory (32 of Fig 1 memory module), a processor (31 of Fig 1 control module), a radio transceiver, an application stored in the non-transitory memory that, when executed by the processor in response to a first electrical energy level, transfers an RFID identification to a first radio transceiver to broadcast in a first radio frequency signal ([0035] after confirmation of the wearer identity, the necessary identification data are transmitted via the communication interfaces 36 and 13 to the mobile communication device 1 by means of the control module 31); a user equipment (UE) (1 of Fig 1 mobile communication device), comprising, a processor, a memory, a short range radio transceiver ([0028] interface 11 by means of which data information can be exchanged between the mobile communication terminal 1 and an identification device 3 via a wireless communication channel in near range (NFC)), a long range radio transceiver ([0028] communication interface 13), a monitoring application executing in memory, configured to send an application data package by establishing a communication session ([0027] data information can be exchanged between the mobile communication terminal 1 and a communication network 4 via the communication channel 6; [0029] via communication network 4 of Fig 1), with a remote application executing on a remote network (including 4 and 7 of Fig 1) via a wireless connection (including 5 and 6 of Fig 1) with a wireless communication protocol to a wireless receiver ([0029] communication terminal 7 can be, for example, a fixed net telephone, a wired or wireless house telephone) communicatively coupled to the remote network, wherein the application data package comprises the RFID identification, an application identification ([0035] the identification can be compared with the identification by means of MAC address (Media Access Control). Involved in the case of the MAC address is the hardware address of all network devices which serve the unambiguous identification of the device in the network. Each identification tag 3 contains an unambiguous and unique number), a remote network (including 4, 7 of Fig 1), comprising, a remote application ([0029] a telephone application of a personal computer), executing on the remote network.
SHAKEDD et al. (Shakedd; US 2021/0019482) discloses a textile fabric system (Abstract, [0029], Figs 3-7), comprising: an article made from textile fabric, comprising, a textile fabric, a pocket ([0029] fabric pocket); a radio Frequency Identification (RFID) chip, comprising, a non-transitory memory (9022 of Fig 9), a processor (9020 of Fig 9), a radio transceiver (including 2110, 2114, 9032, 2106 of Fig 9), an energy harvesting antenna (2112 of Fig 9), an impedance circuit ([0223]) configured to convert energy received from a first energy harvesting antenna to a first electrical energy level by ambient radio frequency signals ([0092] tag 1100 may be configured to harvest energy in multiple frequency bands, and to power operation thereof using the harvested energy. For example, tag 1100 may include one antenna for harvesting energy, two antennae for harvesting energy, three antenna for harvesting energy, or any other number of antennae to harvest energy in a desired number of frequency bands) and a second electrical energy level by proximate radio frequency signals ([0080] configured to harvest ambient energy and to use the harvested energy to send an identification signal to a receiver), an energy storage device configured to store electrical energy (2108 of Fig 9), an application stored in the non-transitory memory that, when executed by the processor in response to a first electrical energy level, transfers an RFID data to a first radio transceiver to broadcast in a first radio frequency signal ([0415] RFID reader acts both as an exciter (charging the RFID tags in its field with the energy required for them to receive and transmit RFID signals) as well as a transceiver (transmitting and receiving data to and from the tags).
While Mohiuddin, Cote, Ritter and Shakedd disclose RFID systems with various methods of gathering energy and transferring data, the prior art of record fails to teach or render obvious, alone or in combination, the unique system that, receive ambient radio frequency (RF) signals and sustained RF signals from an RF energy source proximate to the hybrid RFID chip; convert RF energy from the ambient RF signals to a first electrical energy level and to convert RF energy from the sustained RF signals to a second greater electrical energy level, broadcast a first message in response to the first electrical energy level, and subsequent to broadcasting the first message, broadcast a second different message in response to the second electrical energy level, as detailed in the independent claim.
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. Isabell (US 8,593,256) discloses a washable RFID device for apparel tracking including: a circuit to communicate an identification code to an RFID reader; a first antenna operatively connected to the circuit; and a radiating structure inductive coupled to the first antenna.
b. KUZBARI et al. (US 2019/0138870) discloses a tracking system comprising a tag reader with an interrogating antenna. One or more tags comprising an electrical energy generator configured to convert environmental energy to electrical energy. A radio frequency, RF, communication circuit. A controller configured to use the electrical energy generated by the electrical energy generator to transmit a data signal to the tag reader using the RF communication circuit.
c. Rokhsaz (US 2019/0034672) discloses a method for an RFID reader to transmit a first and second radio frequency (RF) signal of a plurality of RF signals, which each include a unique carrier frequency and an instruction to an RFID tag to respond with a received power level indication. And receiving a first and second response from the RFID tag that includes a first and second received power level indication.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta 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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/MARK S RUSHING/Primary Examiner, Art Unit 2689