DETAILED ACTION
This Office action is in response to the application filed on 27 January 2025.
Claims 1-20 are presented for examination.
Double Patenting
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp/.
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. 12,212,403 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim recitations are merely reworded to recite the same limitation in different language and some of the limitations have been grouped in a slightly different manner but still overall set forth the same limitations. All the recited elements and limitations are found over claims 1-20 of U.S. Patent No. 12,212,403 B2.
Claims 1-20 in the instant application are much broader than claims 1-20 of U.S. Patent No. 12,212,403 B2 as shown below.
For example,
Instant appl. 19/038,023 patent # 12,212,403 B2
Claims 1-20 ≈ claims 1-20
claims 1+2 ≈ claim 1
claim 3 ≈ claim 2
claim 4 ≈ claim 3
claims 5+7 ≈ claim 18
claims 8+9 ≈ claim 17
claims 15+16 ≈ claim 20
Wherein,
The instant method claims 8+9,10,11,12,13,14 correspond to the instant satellite communication claims 1,2,3,4,6,5+7, respectively.
The instant Non-Transitory Computer-Readable Media (NTCRM) claims 15+16, 17,18,19,20 correspond to the instant satellite communication claims 1,2,3,4,6 respectively.
“A satellite comm. system” ≈ “A satellite gateway”
“if the failure…” in claim 1 ≈ “when the failure…” in claim 1
The method claim 17 corresponds to the satellite gateway claim 1; and the NTCRM claim corresponds to the satellite gateway claim 1 in Patent No. 12,212,403 B2
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Conclusion
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/HAI V NGUYEN/Primary Examiner, Art Unit 2649
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