DETAILED ACTION
1. This is the first action on the merits relating to U.S. Application Serial No. 19/197,852 filed on May 2, 2025. Currently claims 1-20 remain in the examination.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
3. Applicant’s disclosure of related application information as described in paragraph [0001] of the specification is acknowledged.
Double Patenting
4. 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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5. Claims 1, 2, 7-10, and 15-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, and 5 of U.S. Patent No. 12,321,809 B2 to Butler (hereinafter “809 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the following claims comparison would show.
Instant Application
809 patent
Claim 1
A method comprising:
receiving, by an analysis server, a map of radio frequency (RF) power levels in a radio frequency identification (RFID) read zone from a communication device, wherein the map is based on a received signal strength (RSS) of a RF signal received by a RFID application on the communication device at a plurality of locations in an environment, and wherein the RF signal comprises a frequency in a cellular frequency range;
analyzing, by the analysis server, the map of RF power levels in the RFID read zone; and
sending, by the analysis server, a command to an RFID reader to tune a transmitted RF signal, wherein the command is based on the analysis of the map of the RF power levels.
Claim 1
A method for mapping, testing, and monitoring radio frequency identification (RFID) tags in an environment via a communication device, comprising:
receiving, by an RFID application stored in a non-transitory memory of the communication device and executable by a processor of the communication device, a first radio frequency (RF) signal from an RFID reader at a plurality of locations in an environment, wherein the first RF signal comprises a frequency in a cellular frequency range;
determining, by the RFID application, a receive signal strength (RSS) of the first RF signal at each the plurality of locations;
generating, by the RFID application, a map of RF power levels in an RFID read zone in the environment based on the RSS of the first RF signal at the plurality of locations;
in response to a change in the environment, receiving, by the RFID application, a second radio frequency (RF) signal from the RFID reader at the plurality of locations, wherein the second RF signal comprises a frequency in a cellular frequency range;
determining, by the RFID application, a receive signal strength (RSS) of the second RF signal at each the plurality of locations;
generating, by the RFID application, an updated map of RF power levels in an updated RFID read zone in the environment based on the RSS of the second RF signal at the plurality of locations; and
sending, by the RFID application, the updated map of RF power levels to at least one of the RFID reader or an analysis server, wherein the RFID reader tunes a transmitted RF signal based on the updated map of RF power levels.
Claim 2
The method of claim 1, wherein the RSS of the RF signal at each location in the RFID read zone is configured to energize an RFID tag at each of the locations in the RFID read zone.
Claim 5
The method of claim 1, wherein the RSS of the first RF signal at each location in the RFID read zone is configured to energize an RFID tag at each of the locations in the RFID read zone.
Claim 7
The method of claim 1, wherein the environment is an industrial environment.
Claim 2
The method of claim 1, wherein the environment is an industrial environment.
Claim 8
A method comprising:
receiving, by a radio frequency identifier (RFID) reader, a map of radio frequency (RF) power levels in a RFID read zone, wherein the map is based on a received signal strength (RSS) of a RF signal received by a RFID application on a communication device at a plurality of locations in an environment, and wherein the RF signal comprises a frequency in a cellular frequency range;
analyzing, by the RFID reader, the map of RF power levels in the RFID read zone; and
tuning, by the RFID reader, a transmitted RF signal based on the analysis of the map of the RF power levels.
Claim 1
See claim 1 above.
Claim 9
The method of claim 8, wherein the map is received by the RFID reader from the communication device or an analysis server.
Claim 1
See claim 1 above.
Claim 10
The method of claim 8, wherein the RSS of the RF signal at each location in the RFID read zone is configured to energize an RFID tag at each of the locations in the RFID read zone.
Claim 5
The method of claim 1, wherein the RSS of the first RF signal at each location in the RFID read zone is configured to energize an RFID tag at each of the locations in the RFID read zone.
Claim 15
A method comprising:
receiving, by an analysis server or a radio frequency identifier (RFID) reader, a plurality of maps of radio frequency (RF) power levels in one or more RFID read zones from a plurality of communication devices, wherein each of the plurality of maps is based on a received signal strength (RSS) of a RF signal received by a RFID application on a corresponding communication device at a plurality of locations in an environment, and wherein the RF signal comprises a frequency in a cellular frequency range;
analyzing, by the analysis server or the RFID reader, the plurality of maps of RF power levels in the one or more RFID read zones; and
tuning, by the RFID reader, a transmitted RF signal based on the analysis of the plurality of maps of the RF power levels.
Claim 1
See claim 1 above.
Claim 16
The method of claim 15, wherein the RFID reader tunes the transmitted RF signal in response to a command received from the analysis server.
Claim 1
See claim 1 above.
Claim 17
The method of claim 15, wherein the RSS of the RF signal at each location in the one or more RFID read zones is configured to energize an RFID tag at each of the locations in the one or more RFID read zones.
Claim 5
The method of claim 1, wherein the RSS of the first RF signal at each location in the RFID read zone is configured to energize an RFID tag at each of the locations in the RFID read zone.
As shown in the claims comparison above, although they are not verbatim identical, it is the Examiner’s position that the limitations of claims 1, 8 and 15 (independent claims) are fully shown in claim 1 of 809 patent. The three main parts of claims 1, 8, and 15 of the instant application are underlined sections of claim 1 of 809 patent. Accordingly, they are not patentably distinct.
Allowable Subject Matter
6. Claims 3-6, 11-14, and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
7. The following is a statement of reasons for the indication of allowable subject matter: Claims are directed at a method comprising:
receiving, by an analysis server, a map of radio frequency (RF) power levels in a radio frequency identification (RFID) read zone from a communication device, wherein the map is based on a received signal strength (RSS) of a RF signal received by a RFID application on the communication device at a plurality of locations in an environment, and wherein the RF signal comprises a frequency in a cellular frequency range;
analyzing, by the analysis server, the map of RF power levels in the RFID read zone; and
sending, by the analysis server, a command to an RFID reader to tune a transmitted RF signal, wherein the command is based on the analysis of the map of the RF power levels,
wherein the command instructs the RFID reader to adjust at least one of the RF power of the transmitted RF signal transmitted to the environment or a directionality of the transmitted RF signal transmitted to the environment.
This is combination of claims 1 and 3, for example. The cited prior arts neither disclose nor suggest the method above. The limitations in other objected claims are also allowable.
Conclusion
The pertinent prior arts made of record but not relied are listed in the attached form PTO-892. These are considered pertinent to Applicant's disclosure. Applicant is respectfully suggested to carefully review these references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ahshik Kim whose telephone number is (571)272-2393. The examiner can normally be reached between the hours of 8:00 AM to 5:00 PM Monday thru Friday. Examiner’s fax phone number is (571)273-2393.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael G. Lee, can be reached on (571)272-2398. The fax phone number for this Group is (571)273-8300.
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/AHSHIK KIM/Primary Examiner, Art Unit 2876
March 18, 2026