DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 2 – 21 are pending.
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 2 – 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, and 4 – 10 of U.S. Patent No. 12,273,216. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent require all the limitations of the claims of the instant application.
Allowable Subject Matter
Claims 2 – 21 would be allowable if rewritten, amended, or a proper terminal disclaimer is filed to overcome the nonstatutory double patenting rejection set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 2 – 11 would be allowable if rewritten, amended, or a proper terminal disclaimer is filed to overcome the nonstatutory double patenting rejection set forth in this Office action because the prior art of record fails to teach or suggest alone or in combination a plurality of peripheral devices installed in an emergency response vehicle, at least three of the plurality of peripheral devices having a first device type and each being identified as a primary device, a secondary device, or an ancillary device, each of the plurality of peripheral devices configured to receive addressable commands and receive and store an address; a controller installed in the emergency response vehicle in communication with the plurality of peripheral devices and configured to transmit addressable commands to each of the plurality of peripheral devices; and wherein the address of each of the plurality of peripheral devices are selectable by a user to create a configuration; wherein the configuration is transferred to the controller of the emergency response vehicle, as required by independent claim 2, in combination with the other claimed limitations (emphasis added). US Patent No. 6,449,715 (hereinafter Krivoshein) teaches a system operating serial devices which receive addressable commands and store addresses (Krivoshein; Figure 1 Items 62 – 65, Col 10 Lines 41 – 60, Col 33 Lines 22 – 33), a controller in communication with the peripheral devices (Krivoshein; Figure 1 Item 60) that communicates addressable commands to the peripheral devices (Krivoshein; Col 10 Lines 22 – 27), where the addresses for the peripherals are selected by a user (Krivoshein; Col 25 Line 49 – Col 34 Line 15, Col 33 Lines 27 – 33), and the configuration is sent to the controller (Krivoshein; Co 12 Line 60 – Col 13 Line 37), but does not teach the peripheral devices being identified as a primary device, a secondary device, or ancillary device, as required by independent claim 2. US Patent Application Publication No. 2017/0368982 (hereinafter Dellock) teaches operating multiple serial devices in an emergency response vehicle (Dellock; Paragraph [0035]), but does not teach the details of the peripheral device type or identification required by independent claim 2. US Patent Application Publication No. 2020/0215962 (hereinafter Brower) teaches assigning peripheral device addresses in an emergency response vehicle (Brower; Paragraphs [0040] – [0042]), but does not teach the peripheral devices being identified as a primary device, a secondary device, or ancillary device, as required by independent claim 2. Additionally, it would not have been obvious to combine the prior art of record to arrive at the claimed invention.
Claims 3 – 11 would also be allowable because of their dependence, either directly or indirectly, upon allowable independent claim 2.
Claims 12 – 21 would be allowable if rewritten, amended, or a proper terminal disclaimer is filed to overcome the nonstatutory double patenting rejection set forth in this Office action because the prior art of record fails to teach or suggest alone or in combination selecting a plurality of peripheral devices, each of the plurality of peripheral devices configured to receive addressable commands and receive and store an address, wherein at least three of the plurality of peripheral devices have a first device type and each being identified as a primary device, a secondary device, or an ancillary device; installing a controller in the emergency response vehicle, wherein the controller is in communication with the plurality of peripheral devices; creating a configuration indicative of each of the plurality of peripheral devices, including the address for each of the plurality of peripheral devices; and transferring the configuration to the controller of the emergency response vehicle; and transmitting, via the controller, addressable commands to each of the plurality of peripheral devices, as required by independent claim 12, in combination with the other claimed limitations (emphasis added). US Patent No. 6,449,715 (hereinafter Krivoshein) teaches a system operating serial devices which receive addressable commands and store addresses (Krivoshein; Figure 1 Items 62 – 65, Col 10 Lines 41 – 60, Col 33 Lines 22 – 33), a controller in communication with the peripheral devices (Krivoshein; Figure 1 Item 60) that communicates addressable commands to the peripheral devices (Krivoshein; Col 10 Lines 22 – 27), where the addresses for the peripherals are selected by a user (Krivoshein; Col 25 Line 49 – Col 34 Line 15, Col 33 Lines 27 – 33), and the configuration is sent to the controller (Krivoshein; Co 12 Line 60 – Col 13 Line 37), but does not teach the peripheral devices being identified as a primary device, a secondary device, or ancillary device, as required by independent claim 12. US Patent Application Publication No. 2017/0368982 (hereinafter Dellock) teaches operating multiple serial devices in an emergency response vehicle (Dellock; Paragraph [0035]), but does not teach the details of the peripheral device type or identification required by independent claim 12. US Patent Application Publication No. 2020/0215962 (hereinafter Brower) teaches assigning peripheral device addresses in an emergency response vehicle (Brower; Paragraphs [0040] – [0042]), but does not teach the peripheral devices being identified as a primary device, a secondary device, or ancillary device, as required by independent claim 12. Additionally, it would not have been obvious to combine the prior art of record to arrive at the claimed invention.
Claims 13 – 21 would also be allowable because of their dependence, either directly or indirectly, upon allowable independent claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD B FRANKLIN whose telephone number is (571)272-0669. The examiner can normally be reached M-F 8:30am-5pm.
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/RICHARD B FRANKLIN/ Examiner, Art Unit 2181
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