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 .
Detailed Action
Claims 1-20 are presenting for examination.
Allowable Subject Matter
Claims 1-7 & 15-20 are allowed.
Claims 1 & 15 are allowed because the prior art of record fails to disclose or suggest a computing device and a method including the limitations of “determining, based on first communications between a first wireless computing device and one or more wireless access points, a first location of the first wireless computing device; determining, based on second communications between a second wireless computing device and the one or more wireless access points, a second location of the second wireless computing device; preventing, based on a request for first content and based on determining that the first location corresponds to a different room compared to the second location, access, by the first wireless computing device, to the first content; and providing, based on the request and based on the determining that the first location corresponds to a different room compared to the second location, access, by the first wireless computing device, to second content associated with the first content”
Claims 2-7 & 16-20 are allowed because of their dependency from claims 1 & 15.
non-statutory double patenting rejection
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
Claim 8 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,218,951. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the patent 12,218,951 anticipated claim 8 of the examined application as been shown in the table below.
18/999,040
12,218,951
(New) A computing device comprising: one or more processors; and
memory storing instructions that, when executed by the one or more processors, cause the computing device to:
determine, based on first communications between a first wireless computing device and one or more wireless access points, a first location of the first wireless computing device;
determine, based on second communications between a second wireless computing device and the one or more wireless access points, a second location of the second wireless computing device; and
provide, based on a request for first content and based on determining that the first location and the second location correspond to a same room, access, by the first wireless computing device, to the first content.
1. A computing device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the computing device to: determine, based on first communications between a first wireless computing device and one or more wireless access points, a first location, of the first wireless computing device, within a premises; determine, based on second communications between a second wireless computing device and the one or more wireless access points, a second location, of the second wireless computing device, within the premises; retrieve, based on a request for first content, based on determining that the first location corresponds to a different room in the premises than the second location, and based on a first access level of a plurality of access levels, second content, wherein the second content comprises a modified version of the first content based on parental controls; and cause the second content to be sent to the first wireless computing device, wherein a second access level of the plurality of access levels is configured to provide, to the first wireless computing device, access to the first content when the first wireless computing device and the second wireless computing device are in a same room.
Claims 9-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record doesn’t teach the limitations of claims 9-14.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moustafa M Meky whose telephone number is (571)272-4005. The examiner can normally be reached Monday-Friday 9AM-5PM.
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MOUSTAFA M. MEKY
Primary Patent Examiner
Art Unit 2457
/MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457
06/26/2026
Prosecution Insights