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 .
1. Acknowledgement is made to the preliminary amendment, filed 7/31/2025. Claims 32-88 have been canceled. Claims 1-31 are pending.
Information Disclosure Statement
2. Acknowledgement is made to the information disclosure statement (IDS) submitted on 7/31/2025. The information disclosure statement is being considered by the examiner.
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.
3. Claims 1-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 6-20, 22-25, 31, 33, 36, & 38 of U.S. Patent No. 12,254,719, hereinafter US ‘719. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to the same subject matter and recite similar claim limitations. See the table below for a mapping of the independent claims wherein similar limitations are in “bold”.
Instant Application
US ‘719
1. A computing system for optimizing luggage handling, comprising:
a printing device;
at least one processor;
memory containing computer readable instructions that are accessible by the at least one processor, wherein the computer readable instructions are configured to cause the at least one processor to:
acquire, with one of an optical scanning device or a radio frequency communication device, an electronic representation of an originating bag tag identifier (O-BTI) associated with a luggage item of a passenger;
locate and access information of a manifest record of the passenger based on information contained in the O-BTI; and
transmit print instructions to the printing device for printing a return bag tag identifier based on the information of the manifest record of the passenger, the return bag identifier being formatted according to the International Air Transport Association (IATA) standard.
1. A method comprising:
a) electronically acquiring, by an electronic acquiring device, an originating bag tag identifier (O-BTI) from an indicium affixed to a luggage item of a passenger, the O-BTI generated by a travel carrier;
b) accessing, by at least one processor, information in a manifest record of the passenger, the manifest record located using the O-BTI acquired from the indicium; and
c) printing, by a printing device, a return leg travel International Air Transport Association (IATA) formatted bag tag for a return flight from information in the manifest record.
4. The method according to claim 1, wherein the travel carrier is an airline carrier; and the acquiring, by the electronic acquiring device, includes one of:
a) scanning, by a barcode scanner, the O-BTI from the indicium from the airline carrier that is a printed bag tag and attached to the luggage item; or
b) scanning, by the barcode scanner, the O-BTI on the indicium from the airline carrier that is a printed marker and adhered to the luggage item.
10. A computing system for optimizing luggage handling, comprising:
a printing device;
an electronic acquiring device, wherein the electronic acquiring device is one of: an optical scanning device or a radio frequency communication device;
at least one processor; and
memory containing computer readable instructions that are accessible by the at least one processor, the computer readable instructions are configured to cause the at least one processor to:
acquire, by the electronic acquiring device, an IATA license plate from an indicium affixed to a luggage item of a passenger, the IATA license plate being generated by a travel carrier;
obtain information in a manifest record of the passenger, the manifest record located using the IATA license plate acquired from the indicium; and
print, by the printing device, a return leg travel IATA formatted bag tag for a return flight based on information in the manifest record.
10. A method comprising:
a) electronically acquiring, by an electronic acquiring device, an IATA license plate from an indicium affixed to a luggage item of a passenger, the IATA license plate generated by a travel carrier;
b) receiving, by at least one processor, information in a manifest record of the passenger, the manifest record located using the IATA license plate acquired from the indicium; and
c) printing, by a printing device, a return leg travel IATA formatted bag tag for a return flight from information in the manifest record.
13. The method according to claim 10, wherein the travel carrier is an airline carrier; and the acquiring, by the electronic acquiring device, includes one of:
a) scanning, by a barcode scanner, the IATA license plate from the indicium from the airline carrier that is a printed tag and attached to the luggage item; or
b) scanning, by the barcode scanner, the IATA license plate on the indicium from the airline carrier that is a printed marker and adhered to the luggage item.
19. A computing system for optimizing luggage handling, comprising:
a communication device;
a printing device;
an electronic acquiring device, wherein the electronic acquiring device is one of: an optical scanning device or a radio frequency communication device;
at least one processor; and
memory containing computer readable instructions that are accessible by the at least one processor, the computer readable instructions are configured to cause the at least one processor to:
acquire, by the electronic acquiring device, passenger data from an indicium affixed to a luggage item of a passenger, the passenger data including information contained in an originating bag tag identifier (O-BTI);
obtain, by the communication device, information from a manifest record associated with the passenger based on the passenger data acquired from the indicium; and
print, by the printing device, a return leg travel International Air Transport Association (IATA) formatted bag tag for a return flight for the passenger from information in the manifest record.
18. A method comprising:
a) receiving, by at least one processor, information from a manifest record of a passenger, the manifest record located using an originating bag tag identifier (O-BTI) electronically acquired from an indicium affixed to a luggage item of the passenger, the O-BTI generated by a travel carrier; and
b) printing, by a printing device in communication with the at least one processor, a return leg travel International Air Transport Association (IATA) formatted bag tag for a return flight for the passenger from information in the manifest record received by the printing device.
25. The method according to claim 24, wherein the marker identifier is a barcode, readable by a barcode scanning device, wherein the marker identifier includes one of the O-BTI or a new passenger tracking identifier.
27. A computing system for optimizing luggage handling, comprising:
a communication device;
an electronic acquiring device, wherein the electronic acquiring device is one of:
an optical scanning device or a radio frequency communication device;
at least one processor; and
memory containing computer readable instructions that are accessible by the at least one processor, the computer readable instructions are configured to cause the at least one processor to:
acquire, by the electronic acquiring device, passenger data from an indicium affixed to a luggage item of a passenger, the passenger data including information contained in an originating bag tag identifier (O-BTI);
obtain, by the communication device, information from a manifest record of the passenger based on the passenger data acquired from the indicium;
create a digital recreation of the indicium based on the manifest record and the passenger data; and
transmit, via the communication device, the digital recreation of the indicium to a mobile device of the passenger.
31. A method comprising:
a) receiving, by at least one processor, an originating bag tag identifier (O-BTI) electronically acquired from an indicium affixed to a luggage item of a passenger, the O-BTI generated by a travel carrier;
b) locating, by the at least one processor, information from a manifest record of the passenger, the manifest record located using the O-BTI acquired from the indicium; and
c) communicating to a printing device in communication with the at least one processor, information to print a return leg travel International Air Transport Association (IATA) formatted bag tag for a return flight from information in the manifest record.
36. The method according to claim 35, further comprising, during the check in:
obtaining boarding pass information for the return flight of the passenger; and
communicating, by the at least one processor, the boarding pass information to an electronic communication device of the passenger.
38. The method according to claim 37, wherein the marker identifier is printable as a barcode, readable by a barcode scanning device, wherein the marker identifier includes one of the O-BTI or a new passenger tracking identifier.
Additionally, with respect to the dependent claims, the limitations of claims 3 & 4 of the instant application can be found in claim 2 of US ‘719, the limitations of claim 5 of the instant application can be found in claim 4 of US ‘719, the limitations of claims 6-9 of the instant application can be found in claims 6-9 of US ‘719, respectively, the limitations of claims 11-17 of the instant application can be found in claims 11-17 of US ‘719, respectively, the limitations of claims 20 & 21 of the instant application can be found in claims 19 & 20 of US ‘719, respectively, the limitations of claims 22-24 of the instant application can be found in claims 22-24 of US ‘719, respectively, the limitations of claims 25 & 26 of the instant application can be found in claim 25 of US ‘719, the limitations of claims 28 & 31 of the instant application can be found in claim 33 of US ‘719, and the limitations of claims 29 & 30 of the instant application can be found in claim 31 of US ‘719. Claims 2 & 18 are rejected as being dependent from rejected base claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAULTEP SAVUSDIPHOL whose telephone number is (571)270-1301. The examiner can normally be reached on M-F,7-3 EST. If the examiner cannot be reached by telephone, he can be reached through the following email address: paultep.savusdiphol@uspto.gov
If attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Michael G. Lee can be reached on (571) 272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAULTEP SAVUSDIPHOL/Primary Examiner, Art Unit 2876