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
The application of Stephen Pearce for Passive Reader and Active Receiver/Transmitter Devices For Logistics Tracking filed 1/17/25 has been examined, Claims 1-20 are pending.
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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Claim 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,229,620
Although the claims at issue are not identical, they are not patentably distinct from each other because limitations of the instant claims are included in the patented claims. The instant claims are generally broader than the patented claims.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1,4,8-10, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Twitchell US Patent Application Publication 20080136624 in view of Kjaldgaard US Patent Application Publication 20230232186.
Regarding claim 1,10, Twitchell teaches a logistics tracking device comprising:
at least one cellular transmitter for transmission of wireless signals via a cellular network (paragraph 046,066);
at least one ultra-wide band (UWB) transmitter for transmission of radio signals over a short-range network (paragraph 0109,0131);
at least one radio frequency identification (RFID) reader configured to detect at least one passive RFID indicator (paragraph 062-063,0107);
at least one controller in communication with the at least one cellular transmitter, the at least one UWB transmitter, and the at least one RFID reader, the at least one controller configured to selectively enable communication by one of the least one cellular transmitter or at least one UWB transmitter, and cause the enabled at least one cellular transmitter or the at least one UWB transmitter to wirelessly transmit information detected by the at least one RFID reader to a remote computing device or computer server (the electronic circuitry control transmission and reception of signals and operate by a server based application, paragraph 038,0109);
at least one enclosure containing the at least one cellular transmitter, the at least one UWB transmitter, the at least one RFID reader, or the at least one controller (paragraph 083). Twitchell is not explicit in teaching one or more printed circuit boards supporting one or more of the least one cellular transmitter, the at least one reader, the at least one controller. Kjaldgaard et al. in an analogous art teaches mounting the circuity of a tracking device on printed circuit board (paragraph 030).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Twitchell as disclosed by Kjaldgaard et al. because such modification represents an improvement over the system of Twitchell by providing a convenient and efficient means of connecting circuity of the tracking device and further contributing to a compact and cost effective design.
Regarding claim 4, Twitchell teaches the enclosure is an integrated housing (paragraph 057-059) but is not explicit in teaching the housing is an unopenable enclosure. One skilled in the art recognizes that a container can be openable or unopenable based on the desired level of security for the tracking device.
It would have been obvious to one of ordinary skill in the art at the time of the invention for the housing to be an unopenable enclosure because such modification represent an improvement for improving the security of the tracking device.
Regarding claim 8, Twitchell teaches a separate power bank configured to be connected to the transport platform in proximity to the receiver/transmitter device and electrically connected to the receiver/transmitter device for providing power for the at least one cellular transmitter, the at least one UWB transmitter, the at least one RFID reader, and the at least one processor (battery, paragraph 0139). Twitchell teaches ceasing communication by the at least one cellular transmitter or the at least one UWB transmitter comprises ceasing to apply power from a battery of the logistics tracking device to the at least one cellular transmitter or the at least one UWB transmitter (paragraph 0143).
Regarding claim 9, Twitchell teaches short range communication for Bluetooth Low energy communication (paragraph 0109).
Regarding claim 18, Twitchell teaches a transport platform for detection of one or more shipment units secured thereto, comprising: a base comprising a frame and a plurality of elongated members mounted to the frame defining a supporting surface for the one or more shipment units (pellet, paragraph 0118); and a logistics tracking device mounted to one or more of the plurality of elongated members (paragraph 0118), comprising: at least one cellular transmitter for transmission of wireless signals via a cellular network (paragraph 046, 066); at least one ultra-wide band (UWB) transmitter for transmission of radio signals over a short-range network (paragraph 0109,0131); at least one radio frequency identification (RFID) reader configured to detect at least one passive RFID indicator associated with the one or more shipment units (paragraph 062-063, 0107); and at least one controller in communication with the at least one cellular transmitter, the at least one UWB transmitter, and the at least one RFID reader, the at least one controller being configured to selectively (i) enable communication by one of the at least one cellular transmitter or the at least one UWB transmitter, (ii) cease communication by the other of the at least one cellular transmitter or the at least one UWB transmitter, and (iii) cause the enabled at least one cellular transmitter or the at least one UWB transmitter to wirelessly transmit information detected by the at least one RFID reader to a remote computing device or computer server (the electronic circuitry control transmission and reception of signals and operate by a server based application, paragraph 038,0109);
at least one enclosure containing the at least one cellular transmitter, the at least one UWB transmitter, the at least one RFID reader, the at least one controller (paragraph 083). Twitchell is not explicit in teaching one or more printed circuit boards supporting one or more of the least one cellular transmitter, the at least one reader, the at least one controller. Kjaldgaard et al. in an analogous art teaches mounting the circuity of a tracking device on printed circuit board (paragraph 030).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Twitchell as disclosed by Kjaldgaard et al. because such modification represents an improvement over the system of Twitchell by providing a convenient and efficient means of connecting circuity of the tracking device and further contributing to a compact and cost effective design.
Claim(s) 2 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Twitchell US Patent Application Publication 20080136624 in view of Kjaldgaard US Patent Application Publication 20230232186 in view of Volkerink et al. US Patent Application Publication 20220300892 and further in view of Bleggi US Patent Application 20160050310..
Regarding claim 2, Twitchell is silent on teaching the housing is configured to fit between horizontal slats of the transport platform and comprises at least one fastener receiver configured to receive a fastener for securing the housing to one or more of the horizontal slats. Volkerink et al. in analogous art teaches the tracking device is configured to fit between horizontal slats of the transport platform and comprises at least one fastener receiver configured to receive a fastener for securing the housing to one or more of the horizontal slats (fig. 0124). Bleggi in an analogous art teaches a tracking device having the dimension in the range of 3.25 inches in width and height of ,625 inches in height (paragraph 084).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Twitchell in view of Kjaldgaard as disclosed by Volkerink et al. in view of Bleggi because such modification allows each asset secured to the transportable device to be tracked and further increasing the security of the asset been transported.
Regarding claim 19, Twitchell teaches the base comprises a standard shipping pallet configured to be moved by a conventional forklift or dolly (paragraph 0118) but is silent on teaching the at least one enclosure of the logistics tracking device has a maximum width of at least 3.25 inches and is sized to fit between the adjacent elongated members of the base. Volkerink et al. in analogous art teaches the tracking device is configured to fit between horizontal slats of the transport platform and comprises at least one fastener receiver configured to receive a fastener for securing the housing to one or more of the horizontal slats (fig. 0124). Bleggi in an analogous art teaches a tracking device having the dimension in the range of 3.25 inches in width and height of ,625 inches in height (paragraph 084).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Twitchell in view of Kjaldgaard as disclosed by Volkerink et al. in view of Bleggi because such modification allows each asset secured to the transportable device to be tracked and further increasing the security of the asset been transported.
Claim(s) 3 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Twitchell US Patent Application Publication 20080136624 in view of Kjaldgaard US Patent Application Publication 20230232186 in view of Volkerink et al. US Patent Application Publication 20220300892 Bleggi US Patent Application 20160050310 and further in view of Asnis et al. US Patent Application Publication 20140194937.
Regarding claims 3 and 20, Twitchell is silent on teaching the housing is configured to fit between horizontal slats of the transport platform and comprises at least one fastener receiver configured to receive a fastener for securing the housing to one or more of the horizontal slats. Volkerink et al. in analogous art teaches the tracking device is configured to fit between horizontal slats of the transport platform and comprises at least one fastener receiver configured to receive a fastener for securing the housing to one or more of the horizontal slats (fig. 0124) and teaches an adhesive pad attached to an exterior surface of the housing for mounting the housing to the transport platform (paragraph 091,0125). Volkerink et al. is silent on teaching at least one fastener receiver is rotatable relative to the housing, such that, upon rotation, teeth on an outer surface of the at least one fastener receiver dig into one or more of the horizontal slats for securing the housing to the transport platform. Asnis et al. in an analogous art teaches a fastener for securing an object that is rotatable relative to the housing, such that, upon rotation, teeth on an outer surface of the at least one fastener receiver dig into one or more of the surface it is attached to (paragraph 08-09, 040,059).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Twitchell in view of Bleggi as disclosed by Volkerink et al. in view of Asni because an attachment means is required for attaching the tracking device to the asset been tracked and the attachment means disclosed by Volkerink et al. in view of Asni represent suitable and efficient attachment means for securing the tracking device.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Twitchell US Patent Application Publication 20080136624 in view of Kjaldgaard US Patent Application Publication 20230232186 and further in view of Kelly US Patent Application Publication 20170006573.
Regarding claim 5, Twitchell teaches a battery enclosed within the housing for providing power for the at least one cellular transmitter, the at least one UWB transmitter, the at least one RFID reader, and the at least one processor (paragraph 046,0138) but is silent on teaching the controller is configured to apportion battery power from the battery by radio type providing more for at least one cellular transmitter than for either the at least one RFID reader or the at least one UWB transmitter. Kelly in an analogous art teaches a controller configured to apportion battery power from the battery based on the power requirement of the different transmitter of the tracking device (paragraph 083).
It would have been obvious to one of ordinary skill in the art to modify the system of Twitchell in view of Kjaldgaard as disclosed by Kelly because such modification represents an improvement over the system of Twitchell in view of Kjaldgaard by effectively controlling the battery power and further increasing the reliability of the tracking device.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Twitchell US Patent Application Publication 20080136624 in view of Kjaldgaard US Patent Application Publication 20230232186 in view of Kelly US Patent Application Publication 20170006573 and further in view of Mohammed US Patent Application Publication 20240273462.
Regarding claim 6, Twitchell in view of Kjaldgaard in view of Kelly is silent on teaching a blink rate of the at least one UWB transmitter or of the at least one cellular transmitter is one blink per day or fewer than one blink per day when the logistics tracking device is being powered by the battery and/or when the logistics tracking device is stationary. Mohammed in an analogous art teaches the transmitter having one blink per day or fewer than one blink per day when the logistics tracking device is being powered by the battery and/or when the logistics tracking device is stationary (paragraph 091).
It would have been obvious to one of ordinary skill in the art to modify the system of Twitchell in view of Kjaldgaard in view of Kelly as disclosed by Mohammed at the time of the invention because such modification represents an improvement over the system of Twitchell in view of Kjaldgaard in view of Kelly in order to conserve battery life and increase the reliability of the tracking device.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Twitchell US Patent Application Publication 20080136624 in view of Kjaldgaard US Patent Application Publication 20230232186 and further in view of Venkata US Patent Application Publication 20250029196.
Regarding claim 11, Twitchell teaches an accelerometer for detecting acceleration (paragraph 0123) and a temperature sensor for detecting temperature (paragraph 061) for the logistic tracking device but is silent on teaching the at least one controller is configured to increase a blink rate for one or more of the at least one cellular transmitter or the at least one UWB transmitter upon a detected change in the acceleration or temperature information. Venkata in an analogous art teaches a tracking device increasing its transmission (blink) based on temperature detection (paragraph 027,074).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system Twitchell in view of Kjaldgaard because such modification represents an improvement over the system of Twitchell in view of Kjaldgaard by more frequently updating the status of the mobile platform based on the detected environmental conditions.
Conclusion
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/VERNAL U BROWN/Primary Examiner, Art Unit 2686
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