DETAILED ACTION
This Office action is in response to the application filed on 12 December 2024.
Claims 1-20 are presented for examination.
Specification
The disclosure is objected to because of the following informalities:
The described elements of :”the power pack 121” as indicated in instant paragraphs [168], [170] but are not illustrated on instant Figures 18B, 19.
The described elements of :”the power pack 109” and of “an interior space 109” as indicated in Figure 19, and [168], [170], [171] are not clear at all; wherein the instant figure 19 shows 2 elements of “the power pack 109”.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The instant Figures and specification lack to provide proper antecedent basis for the claimed elements of “a wearable electronic device” and of “a rechargeable power source”, and “a power pack” and “a power source” that should be given a number on instant figures and in instant paragraphs.
The instant patent publication [121] and figure 9 describe that, “... As illustrated, the direct current electrical energy signal output by the voltage regulator 35 is received at the load 16 of the electronic device 14. In some examples, a portion of the direct current electrical power signal may be utilized to power the receiver control system 36 and any components thereof; however, it is certainly possible that the receiver control system 36, and any components thereof, may be powered and/or receive signals from the load 16 (e.g., when the load 16 is a battery and/or other power source) and/or other components of the electronic device 14”.
It appears that the instant [121] does not describe the corresponding to the claimed element of “a rechargeable power source”.
There is unclear whether the described electronic device 14 in Figures 1,2,9 corresponds to the described wearable electronic device 101 in figures 18-20.
The described power pack 121 should be illustrated in Figures 18, 19 and Figure 19 illustrates two elements of “power pack 109” on two different components.
Appropriate correction is required.
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 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 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,170,549 B2 (application No. 17/497,353). Although the claims at issue are not identical, they are not patentably distinct from each other because the claim recitations are merely reworded to recite the same limitation in different language and some of the limitations have been grouped in a slightly different manner but still overall set forth the same limitations. All the recited elements and limitations are found over claims 1-20 of U.S. Patent No. 12,170,549 B2.
The instant claims 1-20 are broader than claims 1-20 of U.S. Patent No. 12,170,549 B2.
The instant independent claim 1 is broader than independent claim 1 of U.S. Patent No. 12,170,549 B2 (e.g., instant claims 1+7 = claim 1 in US patent No. 12,170,549 B2),
wherein the instant claimed element of “an Alternating Current (AC) wireless power transmission having an operating frequency and comprising (i) wireless power signals and (ii) data signals” = the claimed element of “a transmission” in US Patent No. 12,170,549 B2; the instant claimed element of “the rechargeable power source” = the claimed element of “a load associated with the wireless power receiver system” in US patent No: 12,170, 549 B2.
The instant claim 2 is described in instant figures 18B, 19 and [169], [170] described the power pack 121 including a battery 119.
The instant claim 3 is described in instant [167].
The instant claim 4 is described in instant [170].
The instant claim 5 is described in instant [83].
The instant claim 6 is described in instant [83].
The instant claims 8-15 = the claims 10-17 in US patent No. 12,170,549 B2 respectively
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Conclusion
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/HAI V NGUYEN/Primary Examiner, Art Unit 2649