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 .
Status of Claims
Claims 34-63, 65-84, 86-119, and 121-154 have been cancelled.
Claims 1-33, 64, 85, and 120 are currently pending and have been examined.
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 1-13, 15-33, 64, 85, and 120 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-31, 61, 81, and 114 of U.S. Patent No. 12,260,368. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of App. No. 19/088,075
Claim 1 of U.S. Patent No. 12,260,368
A system for receiving and temporarily maintaining a delivery item and dynamically initiating a dispatched logistics operation for a storage receptacle, the storage receptacle having an entrance opening for receiving the delivery item, a temporary storage area for temporarily maintaining the delivery item once deposited with the storage receptacle, and a retrieval door providing selective access to the temporary storage area, the system comprising:
A system for receiving and temporarily maintaining a delivery item and dynamically initiating a dispatched logistics operation for a storage receptacle, the storage receptacle having an entrance opening for receiving the delivery item, a temporary storage area for temporarily maintaining the delivery item once deposited with the storage receptacle, and a retrieval door providing selective access to the temporary storage area, the system comprising:
a backend server that maintains a management profile related to the storage receptacle;
a backend server that maintains a management profile related to the storage receptacle;
a bridge node mounted to the storage receptacle;
a bridge node mounted to the storage receptacle;
a wireless accessory sensor node having at least one sensor that monitors for a change in state of the storage receptacle, wherein the wireless accessory sensor node being further operative to
a wireless accessory sensor node having at least one sensor that monitors for a change in state of the storage receptacle, wherein the wireless accessory sensor node being further operative to
detect the change in state of the storage receptacle based upon sensor data generated by the at least one sensor,
detect the change in state of the storage receptacle based upon sensor data generated by the at least one sensor,
record timestamped information reflecting the detected change in state of the storage receptacle, and
record timestamped information reflecting the detected change in state of the storage receptacle, and
broadcast an updated advertising signal having a data available flag set within the updated advertising signal, the data available flag indicating the wireless accessory sensor node has event information available for upload by the bridge node, the event information including at least the timestamped information reflecting the detected change in state of the storage receptacle;
broadcast an updated advertising signal having a data available flag set within the updated advertising signal, the data available flag indicating the wireless accessory sensor node has event information available for upload by the bridge node, the event information including at least the timestamped information reflecting the detected change in state of the storage receptacle;
wherein the bridge node being operative to detect the data available flag set within the updated advertising signal during a reporting period for the bridge node,
retrieve the event information available for upload during the reporting period from the wireless accessory sensor node, and
transmit the retrieved event information to the backend server at a reporting time during the reporting period; and
wherein the bridge node being operative to
detect the data available flag set within the updated advertising signal during a reporting period for the bridge node,
retrieve the event information available for upload during the reporting period from the wireless accessory sensor node, and
transmit the retrieved event information to the backend server at a reporting time during the reporting period; and
wherein the backend server, in response to receiving the retrieved event information from the bridge node, being operative to identify location information related to a first logistics asset,
compare the retrieved event information received from the bridge node to the location information related to the first logistics asset, dynamically initiate the dispatched logistics operation as a result of comparing the retrieved event information received from the bridge node to the location information related to the first logistics asset
wherein the backend server, in response to receiving the retrieved event information from the bridge node, being operative to
identify location information related to a first logistics asset,
compare the retrieved event information received from the bridge node to the location information related to the first logistics asset,
dynamically initiate the dispatched logistics operation as a result of comparing the retrieved event information received from the bridge node to the location information related to the first logistics asset,
wherein the backend server is further operative to dynamically initiate the dispatched logistics operation based upon a comparison of the retrieved event information received from the bridge node to a server-tracked historic use pattern for the storage receptacle maintained as part of the management profile on the backend server, and
wherein the backend server is further operative to dynamically initiate the dispatched logistics operation when the comparison of the retrieved event information received from the bridge node to the server-tracked historic use pattern for the storage receptacle indicates a likelihood for an additional deposit of a further delivery item detected within the storage receptacle to be less than a threshold dispatch initiation value.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 14 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,260,368. This is a statutory double patenting rejection.
Claim 14 of App. No. 19/088,075
Claim 1 of U.S. Patent No. 12,260,368
A system for receiving and temporarily maintaining a delivery item and dynamically initiating a dispatched logistics operation for a storage receptacle, the storage receptacle having an entrance opening for receiving the delivery item, a temporary storage area for temporarily maintaining the delivery item once deposited with the storage receptacle, and a retrieval door providing selective access to the temporary storage area, the system comprising:
A system for receiving and temporarily maintaining a delivery item and dynamically initiating a dispatched logistics operation for a storage receptacle, the storage receptacle having an entrance opening for receiving the delivery item, a temporary storage area for temporarily maintaining the delivery item once deposited with the storage receptacle, and a retrieval door providing selective access to the temporary storage area, the system comprising:
a backend server that maintains a management profile related to the storage receptacle;
a backend server that maintains a management profile related to the storage receptacle;
a bridge node mounted to the storage receptacle;
a bridge node mounted to the storage receptacle;
a wireless accessory sensor node having at least one sensor that monitors for a change in state of the storage receptacle, wherein the wireless accessory sensor node being further operative to
a wireless accessory sensor node having at least one sensor that monitors for a change in state of the storage receptacle, wherein the wireless accessory sensor node being further operative to
detect the change in state of the storage receptacle based upon sensor data generated by the at least one sensor,
detect the change in state of the storage receptacle based upon sensor data generated by the at least one sensor,
record timestamped information reflecting the detected change in state of the storage receptacle, and
record timestamped information reflecting the detected change in state of the storage receptacle, and
broadcast an updated advertising signal having a data available flag set within the updated advertising signal, the data available flag indicating the wireless accessory sensor node has event information available for upload by the bridge node, the event information including at least the timestamped information reflecting the detected change in state of the storage receptacle;
broadcast an updated advertising signal having a data available flag set within the updated advertising signal, the data available flag indicating the wireless accessory sensor node has event information available for upload by the bridge node, the event information including at least the timestamped information reflecting the detected change in state of the storage receptacle;
wherein the bridge node being operative to detect the data available flag set within the updated advertising signal during a reporting period for the bridge node,
retrieve the event information available for upload during the reporting period from the wireless accessory sensor node, and
transmit the retrieved event information to the backend server at a reporting time during the reporting period; and
wherein the bridge node being operative to
detect the data available flag set within the updated advertising signal during a reporting period for the bridge node,
retrieve the event information available for upload during the reporting period from the wireless accessory sensor node, and
transmit the retrieved event information to the backend server at a reporting time during the reporting period; and
wherein the backend server, in response to receiving the retrieved event information from the bridge node, being operative to identify location information related to a first logistics asset,
compare the retrieved event information received from the bridge node to the location information related to the first logistics asset, dynamically initiate the dispatched logistics operation as a result of comparing the retrieved event information received from the bridge node to the location information related to the first logistics asset
wherein the backend server, in response to receiving the retrieved event information from the bridge node, being operative to
identify location information related to a first logistics asset,
compare the retrieved event information received from the bridge node to the location information related to the first logistics asset,
dynamically initiate the dispatched logistics operation as a result of comparing the retrieved event information received from the bridge node to the location information related to the first logistics asset,
wherein the backend server is further operative to dynamically initiate the dispatched logistics operation based upon a comparison of the retrieved event information received from the bridge node to a server-tracked historic use pattern for the storage receptacle maintained as part of the management profile on the backend server
wherein the backend server is further operative to dynamically initiate the dispatched logistics operation based upon a comparison of the retrieved event information received from the bridge node to a server-tracked historic use pattern for the storage receptacle maintained as part of the management profile on the backend server, and
wherein the backend server is further operative to dynamically initiate the dispatched logistics operation when the comparison of the retrieved event information received from the bridge node to the server-tracked historic use pattern for the storage receptacle indicates a likelihood for an additional deposit of a further delivery item detected within the storage receptacle to be less than a threshold dispatch initiation value.
wherein the backend server is further operative to dynamically initiate the dispatched logistics operation when the comparison of the retrieved event information received from the bridge node to the server-tracked historic use pattern for the storage receptacle indicates a likelihood for an additional deposit of a further delivery item detected within the storage receptacle to be less than a threshold dispatch initiation value.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following cited arts are to show the state of related art.
Skaaksrud (U.S. Patent App. Pub. No. 20150349917), Skaaksrud (U.S. Patent App. Pub. No. 20150339862), Hertz (U.S. Pre-Grant Pub. No. 20050154602), Zhu (U.S. Pre-Grant Pub. No. 20180365641), Dixon (U.S. Pre-Grant Pub. No. 20170278063), Goja (U.S. Pre-Grant Pub. No. 20180197140), Pleasant (U.S. Patent No. 9609973), Perez (U.S. Pre-Grant Pub. No. 20180190054), Kashi (U.S. Pre-Grant Pub. No. 20230206172), and Faugere ("Hyperconnected City Logistics: Smart Lockers Terminals & Last Mile Delivery Networks", 2016).
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Wayne S Murray whose telephone number is (571)272-4306. The examiner can normally be reached M-F 8am-5pm.
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/Wayne S. Murray/Examiner, Art Unit 3628
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