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 .
Status of Claims
Currently claims 1-36 are cancelled and claims 37-85 are new.
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 37-85 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-49 of U.S. Patent No. 12,166,824. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter is found in the claims from the allowed parent case.
Claim 37 is found in claim 1.
Claim 38 is found in claim 2.
Claim 39 is found in claim 3.
Claim 40 is found in claim 4.
Claim 41 is found in claim 5.
Claim 42 is found in claim 6.
Claim 43 is found in claim 7.
Claim 44 is found in claim 8.
Claim 45 is found in claim 9.
Claim 46is found in claim 10.
Claim 47 is found in claim 11.
Claim 48 is found in claim 12.
Claim 49 is found in claim 13.
Claim 50 is found in claim 14.
Claim 51 is found in claim 15.
Claim 52 is found in claim 16.
Claim 53 is found in claim 17.
Claim 54 is found in claim 18.
Claim 55 is found in claim 19.
Claim 56 is found in claim 20.
Claim 57 is found in claim 21.
Claim 58 is found in claim 22.
Claim 59 is found in claim 23.
Claim 60 is found in claim 24.
Claim 61 is found in claim 25.
Claim 62 is found in claim 26.
Claim 63 is found in claim 27.
Claim 64 is found in claim 28.
Claim 65 is found in claim 29.
Claim 66 is found in claim 30.
Claim 67 is found in claim 31.
Claim 68 is found in claim 32.
Claim 69 is found in claim 33.
Claim 70 is found in claim 34.
Claim 71 is found in claim 35.
Claim 72 is found in claim 36.
Claim 73 is found in claim 37.
Claim 74 is found in claim 38.
Claim 75 is found in claim 39.
Claim 76 is found in claim 40.
Claim 77 is found in claim 41.
Claim 78 is found in claim 42.
Claim 79 is found in claim 43.
Claim 80 is found in claim 44.
Claim 81 is found in claim 45.
Claim 82 is found in claim 46.
Claim 83 is found in claim 47.
Claim 84 is found in claim 48.
Claim 85 is found in claim 49.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner can normally be reached M-F 9am-5pm EST. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
2005/0206506 discloses using command nodes and nodes in a system for fore detection of hazardous events.
2014/0069664 discloses fire suppression panels being used in an enclosed space such as a shipping container.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH A GREENLUND/Primary Examiner, Art Unit 3752
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