DETAILED ACTION
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 .
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The invention as claimed is not disclosed nor rendered obvious in view of any prior art. As to independent claims 1, 10, and 20, all prior art fail to teach or suggest, alone or in combination, the recited method and system. However, claims 1-20 are currently rejected under a nonstatutory double patenting rejection. A response is respectfully requested of Applicant.
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 1-9 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,253,438. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,253,438 recites “An acoustic monitoring system comprising: one or more acoustic sensors disposed on, within, or proximate one or more pieces of equipment, the one or more acoustic sensors configured to record sound; and a server in communication with the one or more acoustic sensors, the server comprising memory and one or more processors configured, for each individual acoustic sensor of the one or more acoustic sensors, to: monitor … operation of the one or more pieces of equipment … compare the operational audio signature data to a stored baseline audio signature data; determine that the operational audio signature data corresponds to an abnormal condition associated with the at least one component based on comparing the operational audio signature data to the stored baseline audio signature data; and generate an alert indicative of the abnormal condition”, and claim 1 of the present application recites “An acoustic monitoring system comprising: one or more acoustic sensors disposed on, within, or proximate one or more pieces of equipment, the one or more acoustic sensors configured to record sound; and processing circuitry in communication with the one or more acoustic sensors, the processing circuitry comprising memory and one or more processors configured, for each individual acoustic sensor of the one or more acoustic sensors, to: detect operation of the one or more pieces of equipment; trigger monitoring based on detecting the operation of the one or more pieces of equipment; receive sound recorded by the one or more acoustic sensors during normal operation of the one or more pieces of equipment; generate, based on the received sound, baseline audio signature data; store the baseline audio signature data in the memory; monitor operation of the one or more pieces of equipment, using the one or more acoustic sensors, to generate operational acoustic data”, and claim 20 of the present application recites “An acoustic monitoring system comprising: a memory configured to store a plurality of baseline audio signatures for a piece of item processing equipment; one or more processors in communication with the memory, the one or more processors configured to: identify an operational state of the piece of item processing equipment; receive, from one or more acoustic sensors located on or proximate to a piece of item processing equipment, sound recorded by the one or more acoustic sensors during operation of the piece of item processing equipment; generate an operational audio signature based on the received sound recorded by the one or more acoustic sensors; select one of the plurality of baseline audio signatures based on the identified operational state of the piece of item processing equipment; compare the operational audio signature to the selected one of the baseline audio signatures; and determine that the operational audio signature data corresponds to an abnormal condition associated with the at least one component based on comparing the operational audio signature data to the stored baseline audio signature data”.
U.S. Patent 12,253,438
An acoustic monitoring system comprising: one or more acoustic sensors disposed on, within, or proximate one or more pieces of equipment, the one or more acoustic sensors configured to record sound; and a server in communication with the one or more acoustic sensors, the server comprising memory and one or more processors configured, for each individual acoustic sensor of the one or more acoustic sensors …
Application 19/059,128 (claim 1)
An acoustic monitoring system comprising: one or more acoustic sensors disposed on, within, or proximate one or more pieces of equipment, the one or more acoustic sensors configured to record sound; and processing circuitry in communication with the one or more acoustic sensors, the processing circuitry comprising memory and one or more processors configured, for each individual acoustic sensor of the one or more acoustic sensors …
Application 19/059,128 (claim 20)
An acoustic monitoring system comprising: a memory configured to store a plurality of baseline audio signatures for a piece of item processing equipment; one or more processors in communication with the memory, the one or more processors configured to: identify an operational state of the piece of item processing equipment …
U.S. Patent 12,253,438
… monitor … operation of the one or more pieces of equipment … compare the operational audio signature data to a stored baseline audio signature data; determine that the operational audio signature data corresponds to an abnormal condition associated with the at least one component based on comparing the operational audio signature data to the stored baseline audio signature data; and generate an alert indicative of the abnormal condition …
Application 19/059,128 (claim 1)
… detect operation of the one or more pieces of equipment; trigger monitoring based on detecting the operation of the one or more pieces of equipment; receive sound recorded by the one or more acoustic sensors during normal operation of the one or more pieces of equipment; generate, based on the received sound, baseline audio signature data; store the baseline audio signature data in the memory; monitor operation of the one or more pieces of equipment, using the one or more acoustic sensors, to generate operational acoustic data …
Application 19/059,128 (claim 20)
… receive, from one or more acoustic sensors located on or proximate to a piece of item processing equipment, sound recorded by the one or more acoustic sensors during operation of the piece of item processing equipment; generate an operational audio signature based on the received sound recorded by the one or more acoustic sensors; select one of the plurality of baseline audio signatures based on the identified operational state of the piece of item processing equipment; compare the operational audio signature to the selected one of the baseline audio signatures …
Claim 10 recites similar limitations as claims 1 and 20 discussed above. Therefore, claims 10-19 are rejected under the nonstatutory double patenting rejection as claims 1-9 and 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Perry (U.S. Patent 11,589,204) teaches smart speakerphone emergency monitoring. Chang et al. (US Patent Application, Pub. No.: US 2022/0180891 A1) teach methods and systems for human activity tracking.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THJUAN KNOWLIN ADDY whose telephone number is (571)272-7486. The examiner can normally be reached 8:30AM - 5:00PM Mon-Fri.
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/THJUAN K ADDY/Primary Examiner, Art Unit 2693
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