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 nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,264,528. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention of the instant application is a similar version of the claimed invention of the above identified U.S. Patent with the similar intended scope as shown below:
Instant Application
Patent No. 12,264,528
Claim 1. A door sensor, comprising:
a first emitter configured to emit an emission beam comprising IR light during an emitting phase;
a lens configured to form an IR pattern on a surface by:
duplicating the emission beam to form a first duplicated beam and a second duplicated beam,
directing the first duplicated beam to a first reception area on the surface, the first reception area comprising the first duplicated beam and a third duplicated beam from a second emitter, and
directing the second duplicated beam to a second reception area on the surface;
a receptor configured to receive a reception beam from the first reception area, the reception beam comprising one or more of the first duplicated beam and the third duplicated beam reflected from the surface during a listening phase;
the receptor further configured to receive an interference beam from an adjacent door sensor during the listening phase; and
a controller operatively coupled to a memory storing computer-readable instructions that, when executed by the controller, cause the controller to:
determine one or more of a frequency and a phase of the interference beam,
determine whether the emitting phase should take precedence over the transmission of the interference beam, and
adjust a timing of one or more of the emitting phase and the listening phase based on one or more of the frequency and the phase of the interference beam.
Claim 1. A door sensor, comprising:
a first emitter configured to emit an emission beam comprising IR light during an emitting phase;
a lens configured to form an IR pattern on a surface by:
duplicating the emission beam to form a first duplicated beam and a second duplicated beam,
directing the first duplicated beam to a first reception area on the surface, the first reception area comprising the first duplicated beam and a third duplicated beam from a second emitter, and
directing the second duplicated beam to a second reception area on the surface;
a receptor configured to receive a reception beam from the first reception area, the reception beam comprising one or more of the first duplicated beam and the third duplicated beam reflected from the surface during a listening phase;
the receptor further configured to receive an interference beam from an adjacent door sensor during the listening phase; and
a controller operatively coupled to a memory storing computer-readable instructions that, when executed by the controller, cause the controller to:
determine one or more of a frequency and a phase of the interference beam, and
adjust a timing of one or more of the emitting phase and the listening phase based on one or more of the frequency and the phase of the interference beam.
It is noted that claims 2-10 and 12-20 of the present application correspond to claims 2-10 and 12-20 of U.S. Patent No. 12,264,528; and it is noted that claim 11 is rejected due to the similar reason set forth regarding claim 1 of the present application.
Allowable Subject Matter
Claims 1-20 would be allowable if a timely filed terminal disclaimer would be submitted to overcome the outstanding double patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 1-10, the prior art fails to disclose or make obvious a door sensor comprising, in addition to the other recited features of the claim, the details and functions of a first emitter, a lens, a first reception area, a second emitter, a second reception area, a receptor, a memory and a controller in the manner recited in claim 1. Regarding claims 11-20, the prior art fails to disclose or make obvious a method of use in a door sensor comprising, in addition to the other recited features of the claim, the steps of emitting an emission beam comprising IR light during an emitting phase; forming an IR pattern on a surface by; duplicating the emission beam to from a first duplicated beam and a second duplicated beam; directing the first duplicated beam to a first reception area, the first reception area comprising the first duplicated beam and a third duplicated beam from a second emitter; directing the second duplicated beam to a second reception area; receiving a reception beam from the first reception area; receiving an interference beam transmitted from an adjacent door sensor during the listening phase; determining one or more of a frequency and a phase of the interference beam; and adjusting a timing of one of more of the emitting phase and the listening phase in the manner recited in claim 11.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Iwata et al (US 9,341,013) is cited for disclosing an automatic door sensor device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN K PYO whose telephone number is (571)272-2445. The examiner can normally be reached 9:00-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Y Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN K PYO/Primary Examiner, Art Unit 2878
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