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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/23/2025 was filed after the mailing date of the non-final rejection on 04/22/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 3-12, 21-23, 16, 17, 19, 22, 15, & 20, respectively, of U.S. Patent No. 18/156768. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application 19/013,786
Patent No. 18/156,768
Claim 1
Claim 1
A non-transitory computer-readable medium storing instructions that, when executed, configure a computing device to: based on determining that a camera lens of the computing device is at least partially fogged, heat the camera lens by causing a change in an operation state of a first component of the computing device; and based on a further determination that the heated camera lens remains at least partially fogged after heating the camera lens: select a second component of a plurality of components of the computing device, wherein the plurality of components comprise components that are each configured to perform one or more of functions of the computing device; and further heat the camera lens by causing a change in an operation state of the selected second component.
A
Claim 2
Claim 3
The non-transitory computer-readable medium of claim 1, wherein the second component comprises a processor, and wherein the instructions, when executed, configure the computing device to cause the operation state of the second component to change by at least causing a clock speed of the processor to increase.
The
Claim 3
Claim 4
The non-transitory computer-readable medium of claim 1, wherein the second component comprises a light source configured to illuminate a region outside of the computing device with infrared light, and wherein the instructions, when executed, configure the computing device to cause the operation state of the second component to change by at least causing the light source to turn on.
The
Claim 4
Claim 5
The non-transitory computer-readable medium of claim 1, wherein the instructions, when executed, configure the computing device to: determine an image based on light received via the camera lens; and determine based on the image, that the camera lens is at least partially fogged.
fogged.
Claim 5
Claim 6
The non-transitory computer-readable medium of claim 1, wherein the instructions, when executed, configure the computing device to: determine an image based on light received via the camera lens; and determine based on the image, that the camera lens is at least partially fogged.
least partially fogged.
Claim 6
Claim 7
The non-transitory computer-readable medium of claim 1, wherein each of the first component and the second component is a component selected from a different one of the following components of the computing device: a lens heater; a light source configured to illuminate a region outside the computing device with infrared light; a processor; or a speaker.
Claim 7
Claim 8
A non-transitory computer-readable medium storing instructions that, when executed, configure a computing device to: based on determining that a lens of the computing device is at least partially fogged, generate heat for the lens by causing a change in an operation state of a first component of the computing device, wherein the first component has a functionality that is a non-heating functionality, and wherein the first component comprises one of: a component configured to perform a processing function and that causes the change in the operation state by causing a processing speed to increase, a component configured to perform an illumination function and that causes the change in the operation state by causing a region outside the computing device to be illuminated, a component configured to perform a wireless communication function and that causes the change in the operation state by causing a wireless transmission power of the computing device to increase, or a component configured to perform a user interface function and that causes the change in the operation state by causing at least one of illumination or sound to be generated.
that is a non-heating functionality, and wherein the first component comprises one of: a component configured to perform a processing function and that causes the change in the operation state by causing a processing speed to increase, a component configured to perform an illumination function and that causes the change in the operation state by causing a region outside the computing device to be illuminated, a component configured to perform a wireless communication function and that causes the change in the operation state by causing a wireless transmission power of the computing device to increase, or a component configured to perform a user interface function and that causes the change in the operation state by causing at least one of illumination or sound to be generated.
Claim 8
Claim 9
The non-transitory computer-readable medium of claim 6, wherein the first component is configured to perform the processing function, and wherein the instructions, when executed, configure the computing device to cause the change in the operation state of the first component by at least causing the processing speed to increase.
component
Claim 9
Claim 10
The non-transitory computer-readable medium of claim 6, wherein the first component is configured to perform the wireless communication function, and wherein the instructions, when executed, configure the computing device to cause the change in the operation state of the first component by at least causing the wireless transmission power of the computing device to increase.
Claim 10
Claim 11
The non-transitory computer-readable medium of claim 6, wherein the first component is configured to perform the user interface function, and wherein the instructions, when executed, configure the computing device to cause the change in the operation state of the first component by at least causing the at least one of illumination or sound to be generated.
at least one of illumination or sound to be generated.
Claim 11
Claim 12
A non-transitory computer-readable medium storing instructions that, when executed, configure a computing device to: determine that a lens of the computing device is at least partially fogged; select a first component of the computing device, from a plurality of components of the computing device, based on an indication of an amount of heat that the first component generates; and based on determining that the lens is at least partially fogged, generate heat for the lens by causing a change in an operation state of the first component, wherein the first component has a functionality that is a non-heating functionality.
Claim 12
Claim 21
The non-transitory computer-readable medium of claim 11, wherein the first component is configured to perform a processing function, and wherein the instructions, when executed, configure the computing device to cause the change in the operation state of the first component by at least causing a processing speed to increase.
The
Claim 13
Claim 22
The non-transitory computer-readable medium of claim 11, wherein the first component is configured to perform an illumination function, and wherein the instructions, when executed, configure the computing device to cause the change in the operation state of the first component by at least causing a region outside the computing device to be illuminated.
The
Claim 14
Claim 23
The non-transitory computer-readable medium of claim 11, wherein the first component is configured to perform a wireless communication function, and wherein the instructions, when executed, configure the computing device to cause the change in the operation state of the first component by at least causing a wireless transmission power of the computing device to increase.
The
Claim 15
Claim 16
A non-transitory computer-readable medium storing instructions that, when executed, configure a camera to: determine that a component of the camera is to be heated; and based on determining that the component of the camera is to be heated, heat the component by increasing an operating speed of a processor.
A and based on
Claim 16
Claim 17
The non-transitory computer-readable medium of claim 15, wherein the component comprises a lens.
The
Claim 17
Claim 19
The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, further configure the camera to additionally heat the component by increasing a power of wireless transmission by the camera.
The
Claim 18
Claim 22
The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, further configure the camera to additionally heat the component by causing a light of the camera to be illuminated.
The
Claim 19
Claim 15
The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, further configure the camera to additionally heat the component by causing an additional component of the camera to be operated, wherein the additional component of the camera has a functionality that is a non-heating functionality.
Claim 20
Claim 20
The non-transitory computer-readable medium of claim 15, wherein the instructions, when executed, configure the camera to the determine that the component is to be heated by at least: determining, based on light received via a lens of the camera, an image; and determining, based on the image, that the component is to be heated.
The
In view of the foregoing, Claims 1-20 of the pending application are obvious variants and encompassed by Claims 1, 3-12, 21-23, 16, 17, 19, 22, 15, & 20, respectively, of U.S. Patent No. 18/156,768.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN DANIEL BARRY whose telephone number is (571)270-0432. The examiner can normally be reached M-Th 0730-1630.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached on 517-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN DANIEL BARRY/Examiner, Art Unit 2638
/LIN YE/Supervisory Patent Examiner, Art Unit 2638
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