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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, lines 7, the phrase, “the processor,” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the processor” be changed to “the smartphone processor” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 1, lines 8, the phrase “the memory” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the memory” be changed to “the smartphone memory” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 1, lines 10, the phrase “the processor” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the processor” be changed to “the smartphone processor” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 1, lines 10, the phrase “the memory” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the memory” be changed to “the smartphone memory” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 1, lines 14, the phrase, “the microcontroller” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the microcontroller” be changed to “the separate microcontroller” to set forth claim language consistency, clarity, and incompliance with proper antecedent basis?
In claim 6, lines 4, the phrase “a memory device” appears to be inconsistent with claim language consistency, clarity, and antecedent basis. Should the phrase be changed to “the smartphone memory” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 9, lines 3, replace “a solar panel” with “the solar panel” to set forth proper antecedent basis.
In claim 11, lines 9, the phrase “the processor,” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the processor” be changed to “the smartphone processor” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 11, lines 16, the phrase “the processor,” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the processor” be changed to “the smartphone processor” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 11, lines 17, the phrase “the memory” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the memory” be changed to “the smartphone memory” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 11, lines 17, before “memory” insert “smartphone” and after “memory” insert “device” to read “the smartphone memory device” to set forth claim language consistency and clarity.
In claim 11, lines 22, the phrase, “the microcontroller” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the microcontroller” be changed to “the separate microcontroller” to set forth claim language consistency, clarity, and incompliance with proper antecedent basis?
In claim 11, lines 25, after “processor,” insert “and” to read “the smartphone processor, and the smartphone memory” to set forth claim language consistency and clarity.
In claim 15, lines 5, the phrase “a memory device” is vague, confusing, and appears to be noncompliant with proper antecedent basis. Should the phrase be changed to “the smartphone memory” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 16, lines 4, the phrase “a memory device” is vague, confusing, and appears to be noncompliant with proper antecedent basis. Should the phrase be changed to “the smartphone memory” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 18, lines 10, the phrase “the processor,” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the processor” be changed to “the smartphone processor” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 18, lines 11, the phrase “the memory” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the memory” be changed to “the smartphone memory” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 18, lines 17, the phrase “the processor,” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the processor” be changed to “the smartphone processor” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 18, lines 17-18, the phrase “the memory” is vague and confusing and/or appears to lack antecedent basis. Should the phrase “the memory” be changed to “the smartphone memory” to set forth claim language consistency, clarity, and in compliance with proper antecedent basis?
In claim 19, the phrase “The remote sensing system” should be changed to “The portable remote sensing system” to be in compliant with the preamble statement from which it depends.
In claim 20, the phrase “The remote sensing system” should be changed to “The portable remote sensing system” to be in compliant with the preamble statement from which it depends.
Appropriate correction is required.
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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,336,075B2 to Gaw et al because the claimed invention, claims 1-20 of the present application is a broader version of the claimed invention, claims 1-19 of the U.S. Patent.
With respect to claim 1 and claim 2, and claim 7, Gaw et al disclose in claim 1, and claim 7, a remote sensing device comprising, an enclosure; a smartphone operating system having a kernel that resides within the smartphone operating system, wherein the kernel includes a plurality of device drivers; a smartphone processor disposed within the enclosure managed by the smartphone operating system; a smartphone memory communicatively coupled to the smartphone processor, in which the memory is disposed within the enclosure and managed by the smartphone operating system; a sensor module communicatively coupled to the smartphone processor and the smartphone memory, in which the sensor module is disposed within the enclosure and managed by the smartphone operating system; a separate microcontroller disposed within the enclosure managed by the smartphone operating system, in which the microcontroller includes a power management module; a battery electrically coupled to the separate microcontroller, wherein the battery powers the smartphone processor, the smartphone memory, and the sensor module; a solar panel electrically coupled to the separate microcontroller, in which the power management module associated with the separate microcontroller charges the battery; a wireless communication module that is communicatively coupled to a wide area network, in which the wireless communication module is disposed within the enclosure and managed by the smartphone operating system; and wherein the wireless communication module receives an over-the-air (OTA) update for a device driver associated with the sensor module; and a first printed circuit board that includes the smartphone processor, the smartphone memory, and the wireless communication module. Although the claims at issue are not identical, they are not patentably distinct from each other because a remote sensing device is structurally and functionally equivalent to a remote sensing device of the present application resulting in being deployed at low cost, consume low power, have the ability to support local storage of data, operate on commonly used software development platforms, provide multiple modes of communications, support an integrated data framework, and support user mobility. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use a remote sensing device similarly as the present application’s remote sensing device to provide communication of data from the remote site to the user or central operations resulting in improved reliability and ease of deployment to achieve low cost installation and maintenance.
With respect to claim 3, Gaw et al disclose in claim 2, the remote sensing device wherein the sensor module includes a camera.
With respect to claim 4, Gaw et al disclose in claim 4, the remote sensing device wherein the sensor module includes an external camera that is electrically coupled and communicatively coupled to the remote sensing device with a wired connection.
With respect to claim 5, Gaw et al disclose in claim 3, the remote sensing device wherein the smartphone processor and smartphone memory encode a low-resolution video stream for communication over a cellular network; and the smartphone processor and smartphone memory encode a high-resolution video stream for storage on a memory device.
With respect to claim 6, Gaw et al disclose in claim 5, the remote sensing device wherein the sensor module includes a plurality of cameras, in which each video stream associated with each camera is encoded as a low-resolution video stream for communication over a cellular network and as a high-resolution video stream for storage on a memory device.
With respect to claim 8, Gaw et al disclose in claim 6, the remote sensing device further comprising a plurality of SIMs, in which a first SIM communicates with a first cellular service provider and a second SIM communicates with a mobile virtual network operator (MVNO).
With respect to claim 9, Gaw et al disclose in claim 8, the remote sensing device further comprising a second printed circuit board that includes the separate microcontroller having the power management module, in which the separate microcontroller is electrically coupled to the battery and a solar panel that charges the battery.
With respect to claim 10, Gaw et al disclose in claim 9, the remote sensing device wherein the second printed circuit board is electrically coupled to the first printed circuit board and powers the smartphone processor and the smartphone memory.
With respect to claim 11, and claim 14, Gaw et al disclose in claim 10, a remote sensing system comprising, an enclosure; a first printed circuit board that includes, a smartphone operating system having a kernel that resides within the smartphone operating system, wherein the kernel includes a plurality of device drivers, a smartphone processor disposed within the enclosure managed by the smartphone operating system, a smartphone memory communicatively coupled to the smartphone processor, in which the smartphone memory is disposed within the enclosure and managed by the smartphone operating system, a wireless communication module that is communicatively coupled to a wide area network, in which the wireless communication module is disposed within the enclosure and managed by the smartphone operating system, a sensor module communicatively coupled to the smartphone processor and the smartphone memory, in which the sensor module is disposed within the enclosure and managed by the smartphone operating system; wherein the wireless communication module receives an over-the-air (OTA) update for a device driver associated with the sensor module; a second printed circuit board electrically and communicatively coupled to the first printed circuit board, the second printed circuit board includes a separate microcontroller disposed within the enclosure managed by the smartphone operating system, in which the microcontroller includes a power management module; and a battery electrically coupled to the separate microcontroller, wherein the battery is operatively coupled to the power management module and the battery powers the smartphone processor and the smartphone memory. Although the claims at issue are not identical, they are not patentably distinct from each other because a remote sensing system is structurally and functionally equivalent to a remote sensing system of the present application resulting in being deployed at low cost, consume low power, have the ability to support local storage of data, operate on commonly used software development platforms, provide multiple modes of communications, support an integrated data framework, and support user mobility. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use a remote sensing system similarly as the present application’s remote sensing system to provide communication of data from the remote site to the user or central operations resulting in improved reliability and ease of deployment to achieve low cost installation and maintenance.
With respect to claim 12, Gaw et al disclose in claim 11, the remote sensing system further comprising a solar panel electrically coupled to the separate microcontroller, in which the power management module associated with the separate microcontroller charges the battery.
With respect to claim 13, Gaw et al disclose in claim 12, the remote sensing system wherein the sensor module includes a camera.
With respect to claim 15, Gaw et al disclose in claim 13, the remote sensing system wherein the smartphone processor and smartphone memory encode a low-resolution video stream for communication over a cellular network; and the smartphone processor and the smartphone memory encode a high-resolution video stream for storage on a memory device.
With respect to claim 16, Gaw et al disclose in claim 15, the remote sensing system wherein the sensor module includes a plurality of cameras, in which each video stream associated with each camera is encoded as a low-resolution video stream for communication over a cellular network, and as a high-resolution video stream for storage on a memory device.
With respect to claim 17, Gaw et al disclose in claim 16, the remote sensing system further comprising a plurality of SIMs, in which a first SIM communicates with a first cellular service provider and a second SIM communicates with a mobile virtual network operator (MVNO).
With respect to claim 18, and claim 19, Gaw et al disclose in claim 17, a portable remote sensing system that can be moved from a first site to a second site, the portable remote sensing system comprising, an enclosure; a first printed circuit board that includes, a smartphone operating system having a kernel that resides within the smartphone operating system, wherein the kernel includes a plurality of device drivers, a smartphone processor disposed within the enclosure managed by a smartphone operating system, a smartphone memory communicatively coupled to the smartphone processor, in which the memory is disposed within the enclosure and managed by the smartphone operating system, a wireless communication module that is communicatively coupled to a wide area network, in which the wireless communication module is disposed within the enclosure and managed by the smartphone operating system, a sensor module communicatively coupled to the smartphone processor and the smartphone memory, in which the sensor module is disposed within the enclosure and managed by the smartphone operating system; wherein the wireless communication module receives an over-the-air (OTA) update for a device driver associated with the sensor module; a second printed circuit board electrically and communicatively coupled to the first printed circuit board, the second printed circuit board includes a separate microcontroller disposed within the enclosure managed by the smartphone operating system, in which the microcontroller includes a power management module; a battery electrically coupled to the separate microcontroller, wherein the battery is operatively coupled to the power management module and the battery powers the smartphone processor and the smartphone memory; and a solar panel electrically coupled to the separate microcontroller, in which the power management module associated with the separate microcontroller charges the battery with energy captured by the solar panel. Although the claims at issue are not identical, they are not patentably distinct from each other because a portable remote sensing system is structurally and functionally equivalent to a portable remote sensing system of the present application resulting in being deployed at low cost, consume low power, have the ability to support local storage of data, operate on commonly used software development platforms, provide multiple modes of communications, support an integrated data framework, and support user mobility. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use a portable remote sensing system similarly as the present application’s portable remote sensing system to provide communication of data from the remote site to the user or central operations resulting in improved reliability and ease of deployment to achieve low cost installation and maintenance.
With respect to claim 20, Gaw et al disclose in claim 19, the remote sensing system wherein the sensor module includes an external camera that is electrically coupled and communicatively coupled to the remote sensing system with a wired connection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DON J WILLIAMS whose telephone number is (571)272-8538. The examiner can normally be reached M-F 8 a.m.-5 p.m..
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/DON J WILLIAMS/Examiner, Art Unit 2878
