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 .
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,307,874 (17/942,302). Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations.
Moreover, Application’s claim 1 has additional wording for substituting terms which were not recited in the patent and modified to be broader in scope.
For Example below:
US Patent #12307874
Instant Application #19/204,383
1.
A method, comprising:
receiving, with a processor of a tracking device, which tracking device comprises at least one orientation sensor, at least one baseline orientation signal from the at least
one orientation sensor,
wherein the at least one baseline orientation signal was generated at a baseline time and with the tracking device being stationary and being in a baseline orientation,
determining, with the processor, at least one baseline orientation value corresponding to the at least one baseline orientation signal;
receiving, with the processor, at least one current orientation signal from the at least one orientation sensor, wherein the at least one current orientation signal was generated by the at least one orientation sensor during a configured no-change period after the baseline time and with the tracking device being stationary and being in a current orientation,
determining, with the processor, at least one new orientation value corresponding to the at least one current orientation signal;
analyzing, with the processor, the at least one new orientation value and the at least one baseline orientation value to result in an orientation change;
analyzing, with the processor, the orientation change with respect to an orientation change criterion to result in an orientation change determination; and
based on the orientation change determination, sending an alert message to a tracking device application indicating the orientation change determination.
1.
A method, comprising:
generating, by a tracking device comprising at least one processor and at least one
orientation sensor, at least one baseline orientation signal,
wherein the at least one baseline orientation signal is with the tracking device being stationary and being in a baseline orientation,
determining, by the tracking device, at least one baseline orientation value corresponding
to the at least one baseline orientation signal;
generating, by the tracking device, at least one current orientation signal, wherein the at
least one current orientation signal is generated with the tracking device being stationary and
being in a current orientation,
determining, by the tracking device, at least one new orientation value corresponding to the at least one current orientation signal;
analyzing, by the tracking device, the at least one new orientation value and the at least
one baseline orientation value to result in an orientation change;
analyzing, by the tracking device, the orientation change with respect to an orientation
change criterion to result in an orientation change determination; and
based on the orientation change determination, facilitating directing, by the tracking
device to a tracking device application, an alert message indicative of the orientation change
determination.
Claim 2 is similar having a baseline vector.
Claim 3 is similar having a orientation change.
Claim 4 is similar having a GPS.
Claim 5 is similar having a wireless communication module.
Claim 2 is similar having a baseline vector.
Claim 3 is similar having a orientation change.
Claim 3 is similar having a GPS.
Claim 4 is similar having a wireless communication module.
6. A tracking device, comprising:
at least one orientation sensor;
a processor configured to:
receive at least one baseline orientation signal from the at least one orientation sensor,
wherein the at least one baseline orientation signal was generated at a baseline time and with the tracking device being stationary and being in a baseline orientation,
determine at least one baseline orientation value corresponding to the at least one baseline orientation signal;
receive at least one current orientation signal from the at least one orientation sensor,
wherein the at least one current orientation signal was generated during a configured no-change period after the baseline time and with the tracking device being stationary and being in a current orientation,
determine at least one new orientation value corresponding to the at least one current orientation signal;
analyze the at least one new orientation value and the at least one baseline orientation value to result in an orientation change;
analyze the orientation change with respect to an orientation change criterion to result in an orientation change determination;
and
based on the orientation change determination, send an alert message to a tracking device application indicating the orientation change determination.
6. A tracking device, comprising:
at least one orientation module;
a processor configured to:
receive at least one baseline orientation signal from the at least one orientation module, wherein the at least one baseline orientation signal is generated with the tracking device being stationary and being in a baseline orientation,
determine at least one baseline orientation value corresponding to the at least one baseline orientation signal;
receive at least one current orientation signal from the at least one orientation module, wherein the at least one current orientation signal is generated during a configured no-change period after the baseline time and with the tracking device being stationary and being in a current orientation,
determine at least one new orientation value corresponding to the at least one current orientation signal;
analyze the at least one new orientation value and the at least one baseline orientation value to result in an orientation change value;
analyze the orientation change value with respect to an orientation change value criterion to result in an orientation change value determination; and
based on the orientation change value determination, facilitate directing, to a tracking device application, an alert message indicating the orientation change value determination.
Claim 7 is similar having a baseline vector.
Claim 8 is similar having a orientation change.
Claim 9 is similar having a orientation module.
Claim 10 is similar having a MEMS device.
Claim 11 is similar having a IMU.
Claim 12 is similar having a new orientation value.
Claim 13 is similar having a GPS module.
Claim 14 is similar having a wireless communication module.
Claim 15 is similar having a GPS module.
Claim 7 is similar having a baseline vector.
Claim 8 is similar having a orientation change.
Claim 9 is similar having a orientation module.
Claim 10 is similar having a MEMS device.
Claim 11 is similar having a IMU.
Claim 12 is similar having a new orientation value.
Claim 13 is similar having a GPS module.
Claim 14 is similar having a wireless communication module.
Claim 15 is similar having a GPS module.
16. A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processor of a tracking
device, which tracking device comprises at least one orientation sensor, facilitate
performance of operations, comprising:
receiving at least one baseline orientation signal from the at least one orientation sensor,
wherein the at least one baseline orientation signal was generated at a baseline time and with the tracking device being stationary and being in a baseline orientation,
determining at least one baseline orientation value corresponding to the at least
one baseline orientation signal;
receiving at least one current orientation signal from the at least one orientation
sensor, wherein the at least one current orientation signal was generated by the at least
one orientation sensor during a configured no-change period after the baseline time and
with the tracking device being stationary and being in a current orientation,
determining at least one new orientation value corresponding to the at least one current orientation signal;
analyzing the at least one new orientation value and the at least one baseline orientation value to result in an orientation change;
analyzing the orientation change with respect to an orientation change criterion to result in an orientation change determination; and
based on the orientation change determination, sending an alert message to a tracking device application indicating the orientation change determination.
16. A non-transitory machine-readable medium, comprising executable instructions
that, when executed by a processor of a tracking device, which tracking device comprises at least
one orientation sensor, facilitate performance of operations, comprising:
receiving at least one baseline orientation signal generated by the at least one orientation sensor, wherein the at least one baseline orientation signal is generated at a baseline time and
with the tracking device being stationary and being in a baseline orientation,
determining at least one baseline orientation value corresponding to the at least one
baseline orientation signal;
receiving at least one current orientation signal generated by the at least one orientation
sensor, wherein the at least one current orientation signal is generated by the at least one
orientation sensor during a configured no-change period after the baseline time and with the
tracking device being stationary and being in a current orientation,
determining at least one new orientation value corresponding to the at least one current
orientation signal;
analyzing the at least one new orientation value and the at least one baseline orientation
value to result in an orientation change;
analyzing the orientation change with respect to an orientation change criterion to result in an orientation change determination; and
based on the orientation change determination, facilitating sending of an alert message to
a tracking device application indicating the orientation change determination.
Claim 17 is similar having a baseline vector.
Claim 18 is similar having a orientation change.
Claim 19 is similar having a GPS module.
Claim 20 is similar having a wireless communication module.
Claim 17 is similar having a baseline vector.
Claim 18 is similar having a orientation change.
Claim 19 is similar having a GPS module.
Claim 20 is similar having a wireless communication module.
Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
Allowance of application claims would result in an unjustified time-wise extension of the monopoly granted for the invention defined by US Patent claims. Therefore, Obviousness-type double patenting is appropriate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of Greenspan (US 20160292885 A1) was the closest prior art to teach the tracking of a device with the use of baseline information between two objects using correlation of motion. The prior art of Marvitt (US 20050210418 A1) was the closest prior art to teach detection of movements and comparing movements to a specific baseline.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUFUS C POINT whose telephone number is (571)270-7510. The examiner can normally be reached 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RUFUS C POINT/Primary Examiner, Art Unit 2689
Prosecution Insights