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 .
Claim Status
Claims 1-57 are pending.
Election/Restrictions
Applicant’s election without traverse of Group 1, described in claims 1-16 and 27-57 in the reply filed on 07/29/2026 is acknowledged.
Claims 17-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/29/2026.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-14, 16 and 43-56 is/are rejected under 35 U.S.C. 103 as being unpatentable over MEHRING (US 2020/0065353) in view of KULESZ (US 2006/0187017).
Regarding claims 1 and 43,
MEHRING teaches an enhanced method for detecting and verifying an environmental anomaly related to a shipping container using a first command node mounted to the shipping container, a second command node mounted to the shipping container, and a plurality of sensor-based ID nodes disposed in different locations within the shipping container, the method comprising:
detecting, by the first command node, sensor data generated by and broadcast from the sensor-based ID nodes, wherein a first of the plurality of sensor-based ID nodes comprises a temperature sensor and a second of the plurality of sensor-based ID nodes comprises a barometric pressure sensor ([0099]-[0105] teach utilizing sensor tags for collecting temperature data in a shipping container; [0109] teaches that tag data shall be transmitted to a reader/access point and then to a server, said reader or server corresponding to command nodes, said sensors corresponding to ID nodes; [0038] teaches a sensor network to continuously monitor the environment of handling of the goods at a unit level (e.g., individual product, carton, case, box, pallet, container, trailer, sea van, unit load device (ULD), etc.); [0087] teaches checking barometric pressure).
Mehring fails to expressly teach the first and second command nodes operating as specifically recited.
KULESZ teaches a system for detecting the occurrence of anomalies that includes a plurality of spaced apart nodes, wherein the system may be employed in relation to shipping containers ([0047], [0071], [0072]) the method comprising:
detecting, by the first command node (“one node 20” per [0055]), sensor data generated by and broadcast from the sensor-based ID nodes (sensor 60);
responsively identifying, by the first command node, the environmental anomaly for the shipping container based upon the sensor data detected by the first command node([0055] teaches nodes 20 and its controller may detect an anomaly based on a specific test by a specific sensor 60);
transmitting, by the first command node, a validation request to the second command node(“adjacent node 20” or “next nearest node” in [0055]), the validation request comprising a request to verify the environmental anomaly for the shipping container identified by the first command node (the “one node 20” can signal an “adjacent node 20” if an anomaly has been detected wherein it shall send a signal to its next nearest nodes 20 (or to any number of nodes) for each of the analogous sensors 60 to conduct its own test for the detected substance);
detecting, by the second command node(“adjacent node 20” or “next nearest node” in [0055]), the sensor data generated and broadcast from the sensor-based ID nodes ([0055] teaches collecting data from “analogous sensors 60”);
receiving, by the second command node, the validation request from the first command node ([0055] teaches that controller 70 of “one node 20” signals “adjacent node 20”);
verifying, by the second command node, the environmental anomaly for the shipping container in response to the validation request and based upon the sensor data detected by the second command node ([0055] teaches that the analogous sensor 60 conducts its own tests); and
broadcasting, by the second command node, a verification message based upon whether the environmental anomaly for the shipping container is verified by the second command node ([0055] teaches that following corroboration by the second/”adjacent node 20”, a signal is sent to an emergency response system, said adjacent node 20 must therefore producing and transmitting a signal signaling a corroboration determination).
Before the effective filing date of the invention, it would have been obvious to modify the Mehring system per the teachings of Kulesz, such that the Mehring employs a plurality of readers and sensors with its shipping containers, each reader has one or more sensor tags associated with the reader each reader being configured to query adjacent reader(s) and carry out corroboration operation. By conducting a plurality of verification operations using adjacent nodes, the likelihood of erroneous anomaly detection is reduced.
Regarding claims 2 and 44,
Kulesz teaches that the step of broadcasting the verification message further comprises transmitting, by the second command node, a validated alert notification to an external transceiver to cause the external transceiver to initiate a mediation response to the environmental anomaly([0056] teaches a plurality of nodes functioning as a relay system to transmit data to an emergency response system, in the instance that the second command node is in the relay system, the second node therefore cooperates in transmitting the alert notification).
Regarding claims 3 and 45,
Kulesz teaches that the validated alert notification comprises an instruction to cause the external transceiver to initiate the mediation response to the environmental anomaly ([0055] and [0056] teach that corroboration by an adjacent node initiates signal transmission to a target communication destination).
Regarding claims 4, 10, 46 and 51,
Kulesz teaches a mediation response causes the external transceiver to generate a secondary mediation response notification for an operator of the transit vehicle as a targeted mediation recipient, the second mediation response notification requesting the operator of the transit vehicle to alter movement of the transit vehicle([0094] of Kulesz teaches that the system is configured to allow a takeover or modify the function of that location to accomplish the goal of the software agent 400 wherein a specialized agents 400 may move in response to an event or condition.)
Regarding claims 5, 11, 47 and 52,
Kulesz teaches that the mediation response causes the external transceiver to generate a secondary mediation response notification for a logistics crew member of the transit vehicle as a targeted mediation recipient, the secondary mediation response notification requesting the logistics crew member to inspect the enhanced shipping container([0078] teaches sending an alert to evacuation personnel, decontamination teams and clean-up crews, and one of which reasonably corresponding to “a crew member” who carries out an inspection).
Regarding claims 6, 12, 48 and 53,
Kulesz teaches that the mediation response causes the external transceiver to generate a secondary mediation response notification that activates a fire suppression method within the transit vehicle and outside the shipping container ([0068] teaches that the nodes may function as fire detectors which are further connected to a command or control system (e.g., sprinkler system)).
Regarding claims 7 and 49,
Kulesz teaches the step of broadcasting the verification message further comprises transmitting, by the second command node, the verification message to the first command node ([0055], [0056] teaches determining corroboration between adjacent nodes, therefor said adjacent node(s) 20 must therefore produce and transmit a signal signaling a corroboration determination); and further comprising the step of transmitting, by the first command node, a validated alert notification to an external transceiver in response to receipt of the verification message from the second command node and to cause the external transceiver to initiate a mediation response to the environmental anomaly ([0055] teaches signaling an emergency response system; [0056] teaches a plurality of nodes functioning as a relay system to transmit data to an emergency response system, in the instance that the second command node is in the relay system, the second node therefore cooperates in transmitting the alert notification).
Regarding claims 8, 9 and 50,
Kulesz teaches that the validated alert notification comprises an instruction to cause the external transceiver to initiate the mediation response to the environmental anomaly ([0055] teaches signaling an emergency response system; [0056] teaches a plurality of nodes functioning as a relay system to transmit data to an emergency response system, in the instance that the second command node is in the relay system, the second node therefore cooperates in transmitting the alert notification).
Regarding claim 54,
Kulesz teaches the step of transmitting the validated alert notification to the external transceiver further comprises transmitting the validated alert notification to a transceiver-equipped fire suppression system as the external transceiver, wherein the validated alert notification further comprising an instruction for the transceiver-equipped fire suppression system to activate and dispense fire suppression material into the shipping container([0068] teaches that the nodes may function as fire detectors which are further connected to a command or control system (e.g., sprinkler system)).
Regarding claims 13 and 55,
Kulesz teaches the step of responsively identifying the environmental anomaly further comprises identifying, by the first command node, the environmental anomaly for the shipping container when (a) the broadcasted sensor data detected by the first command node does not include the sensor data from at least a threshold number of the sensor-based ID nodes ([0096] teaches verification using any number of nodes as a matter of design choice) and (b) the broadcasted sensor data detected by the first command node indicates an environmental condition that exceeds an environmental threshold ([0055] of Mehring teaches that data comparison utilizes threshold values).
Regarding claims 14 and 56,
Mehring teaches the step of verifying the environmental anomaly further comprises responsively verifying the environmental anomaly for the shipping container when (a) the broadcasted sensor data detected by the second command node does not include the sensor data from at least a threshold number of the sensor-based ID nodes ([0096] teaches verification using any number of nodes as a matter of design choice)and (b) the broadcasted sensor data detected by the second command node indicates an environmental condition that exceeds an environmental threshold([0055] of Mehring teaches that data comparison utilizes threshold values).
Regarding claim 16,
Kulesz teaches that the command nodes comprise a plurality of master nodes where each of the master nodes are further operative to self-locate ([0065] teaches that the mobile nodes will include a global positioning device or similar positioning device for an exact determination of the location of the mobile node.)
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 and 43 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 22 and 23 of U.S. Patent No. 11,159,622 to Skaaksrud. Although the claims at issue are not identical, they are not patentably distinct from each other because of obvious variations in wording.
Regarding claim 1,
Claim 22 of Skaaksrud-U.S. Patent No. 11,159,622 teaches an enhanced wireless node system for detecting and verifying an environmental anomaly within a shipping container being transported on a transit vehicle having an external transceiver, the system comprising: a plurality of sensor-based ID nodes disposed in different locations within the shipping container, wherein each of the sensor-based ID nodes comprising an ID node processor, an environmental sensor coupled to the ID node processor, the environmental sensor operative to generate sensor data related to an environmental condition proximate the respective sensor-based ID node within the shipping container, wherein a first of the plurality of sensor-based ID nodes comprises a temperature sensor and a second of the plurality of sensor-based ID nodes comprises a barometric pressure sensor, and a wireless radio transceiver coupled to the ID node processor, the wireless radio transceiver being operative to broadcast the sensor data in response to a command from the ID node processor; and a plurality of command nodes mounted to the shipping container, wherein each of the command nodes further comprising a command node processor, a first communication interface coupled to the command node processor, the first communication interface being operative to communicate with each of the sensor-based ID nodes using a first wireless communication format compatible with the wireless radio transceiver on each of the sensor-based ID nodes, and a second communication interface coupled to the command node processor, the second communication interface being operative to communicate with the external transceiver associated with the transit vehicle using a second wireless communication format compatible with the external transceiver; and wherein a first of the command nodes being programmatically configured to be operative to detect the sensor data broadcasted from the sensor-based ID nodes using the first communication interface on the first of the command nodes, responsively identify the environmental anomaly for the shipping container based upon the sensor data detected by the first of the command nodes, and transmit a validation request over the second communication interface to a second of the command nodes, the validation request comprising a request to verify the environmental anomaly for the shipping container identified by the first of the command nodes; and wherein the second of the command nodes being programmatically configured to be operative to detect the sensor data broadcasted from the sensor-based ID nodes using the first communication interface on the second of the command nodes, receive the validation request from the first of the command nodes, verify the environmental anomaly for the shipping container in response to the validation request and based upon the sensor data detected by the second of the command nodes, and broadcast a verification message over the second communication interface based upon whether the environmental anomaly for the shipping container is verified by the second of the command nodes.
Regarding claim 43,
Claim 23 of Skaaksrud -U.S. Patent No. 11,159,622 teaches an enhanced method for detecting and verifying an environmental anomaly related to a shipping container using a first command node mounted to the shipping container, a second command node mounted to the shipping container, and a plurality of sensor-based ID nodes disposed in different locations within the shipping container, the method comprising: detecting, by the first command node, sensor data generated by and broadcast from the sensor-based ID nodes, wherein a first of the plurality of sensor-based ID nodes comprises a temperature sensor and a second of the plurality of sensor-based ID nodes comprises a barometric pressure sensor; responsively identifying, by the first command node, the environmental anomaly for the shipping container based upon the sensor data detected by the first command node; transmitting, by the first command node, a validation request to the second command node, the validation request comprising a request to verify the environmental anomaly for the shipping container identified by the first command node; detecting, by the second command node, the sensor data generated and broadcast from the sensor-based ID nodes; receiving, by the second command node, the validation request from the first command node; verifying, by the second command node, the environmental anomaly for the shipping container in response to the validation request and based upon the sensor data detected by the second command node; and broadcasting, by the second command node, a verification message based upon whether the environmental anomaly for the shipping container is verified by the second command node.
Allowable Subject Matter
Claims 15 and 57 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.
Claims 27-42 are allowed
Conclusion
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/DIONNE PENDLETON/Primary Examiner, Art Unit 2689
