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 .
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.
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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. 12,200592. Although the claims at issue are not identical, they are not patentably distinct from each other because for example both claims 1 in the patent and instant application teaches { receive a session initiation protocol (SIP) call from a mobile device associated with a user, wherein the SIP call includes a call setup phase, wherein the call setup phase includes an exchange of multiple header fields; obtain the multiple header fields from the SIP call; determine that the SIP call is an open-line call by identifying a first field within the multiple header fields, wherein the first field indicates that the SIP call is the open-line call; upon determining that the SIP call is the open-line call, notify the receiver of the open- line call to not engage in an audible conversation with the user; upon determining that the SIP call is the open-line call, determine a geographical location associated with the mobile device; and upon determining that the SIP call is the open-line call, send a notification to dispatch assistance to the geographical location associated with the mobile device).
The patent is narrower than the instant application, because the patent teaches (wherein the optional field includes an additional-identity field defined by 3GPP TS 24.229), however, this limitation included in claim 2 on the instant application, therefore combining claim 1 and 2 and rewording some of the claim limitations will obtain the paten.
Allowable Subject Matter
Claims 1-20 would be allowable if overcome the DP rejection.
The following is a statement of reasons for the indication of allowable subject matter:
During search, Examiner found the following closest arts to the claimed invention:
Bentley (US 20140169534) teaches, a Public Safety Answering Point (PSAP) may utilize a new model to handle Open Line emergency calls (abstract), The capture and analysis of call elements by separating call streams in real-time, delivery of an audio speech intelligibility-optimized stream to the emergency call-taker and/or dispatcher, the use of automated sound identification libraries and tools, the use of a spectrogram display, and the automatic use of pop-up notification or auto-dispatch based on policies, facilitate immediate specific (and possibly automatic) actions on all incoming calls, including 9-1-1 Open Line calls (Paragraph 12).
Ravichandran (US 20200274964) teaches, SIP emergency call (Paragraph 26), identity header, registration messages (Paragraph 31, 50).
None of the cited arts alone or in reasonable combination, found by Examiner teaches { determine that the SIP call is an open-line call by identifying a first field within the multiple header fields,wherein the first field indicates that the SIP call is the open-line call;upon determining that the SIP call is the open-line call, notify the receiver of the open- line call to not engage in an audible conversation with the user; upon determining that the SIP call is the open-line call, determine a geographical location associated with the mobile device; and upon determining that the SIP call is the open-line call, send a notification to dispatch assistance to the geographical location associated with the mobile device}.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA EL-ZOOBI whose telephone number is (571)270-3434. The examiner can normally be reached Monday-Friday 7-4.
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/MARIA EL-ZOOBI/Primary Examiner, Art Unit 2692
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