DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Oath/Declaration
Oath/Declaration as filed on May 15, 2025 is noted 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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 21, and 22-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, and 2-19 of U.S. Patent No. 12,333,629. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the independent claims, mentioned above, are substantially the same.
The following is an example for comparing claim 21 of this application and respective claim 1 of U.S. Patent No. 12,333,629:
Instant Application
U.S. Patent No.
12,333,629
Claim 21
Claim 1
An emergency response system (ERS) comprising: a non-transitory computer readable medium storing machine readable instructions which when executed cause the ERS to:
An emergency response system (ERS) comprising: a non-transitory computer readable medium storing machine readable instructions which when executed cause the ERS to: acquire equipment location data for one or more units of equipment located in a zone of interest; acquire emergency responder terminal location data for at least one emergency responder terminal;
determine a distance measure between an emergency responder terminal and one or more units of equipment;
determine a horizontal distance measure between the emergency responder terminal and each of the one or more units of equipment; determine a vertical distance measure between the emergency responder terminal and one or more of the units of equipment;
engage a camera component of the emergency responder terminal to capture images of at least a portion of a real-world scene surrounding at least one of the one or more units of equipment, and provide such images for display on a touchscreen display of the emergency responder terminal;
engage a camera component of the emergency responder terminal to capture images of at least a portion of a real-world scene surrounding at least one of the one or more units of equipment, and provide such images for display on a touchscreen display of the emergency responder terminal;
provide an equipment display object for display on the touchscreen display of the emergency responder terminal such that, when an image provided for display spans a region of the real-world scene within which a unit of the one or more units of equipment is located, the equipment display object overlays a segment of the image associated with the acquired equipment location data, wherein a size of the equipment display object is based on the distance measure; and
provide an equipment display object for display on the touchscreen display of the emergency responder terminal such that, when an image provided for display spans a region of the real-world scene within which a unit of the one or more units of equipment is located, the equipment display object overlays a segment of the image associated with the acquired equipment location data, wherein a size of the equipment display object is based on the horizontal distance measure and the vertical distance measure; and
provide a route display object for display on the touchscreen display of the emergency responder terminal delineating a path of travel between the emergency responder terminal and the one or more units of equipment based on the distance measure.
provide a route display object for display on the touchscreen display of the emergency responder terminal delineating a path of travel between the emergency responder terminal and the one or more units of equipment based on the horizontal distance measure and the vertical distance measure.
Independent claim 21 of the instant application teaches “An emergency response system (ERS) comprising: a non-transitory computer readable medium storing machine readable instructions which when executed cause the ERS to: determine a distance measure between an emergency responder terminal and one or more units of equipment; engage a camera component of the emergency responder terminal to capture images of at least a portion of a real-world scene surrounding at least one of the one or more units of equipment, and provide such images for display on a touchscreen display of the emergency responder terminal; provide an equipment display object for display on the touchscreen display of the emergency responder terminal such that, when an image provided for display spans a region of the real-world scene within which a unit of the one or more units of equipment is located, the equipment display object overlays a segment of the image associated with the acquired equipment location data, wherein a size of the equipment display object is based on the distance measure; and provide a route display object for display on the touchscreen display of the emergency responder terminal delineating a path of travel between the emergency responder terminal and the one or more units of equipment based on the distance measure.” However, it would have been obvious to one of ordinary skill in the art to remove the further limitations “acquire equipment location data for one or more units of equipment located in a zone of interest; acquire emergency responder terminal location data for at least one emergency responder terminal” at least since omitting the further limitations does not prevent the system from functioning properly, and the claim is in “comprising” format indicating other elements could be added. Likewise, dependent claims 22-39 are rejected based at least on same above reasoning.
Potentially Allowable Subject Matter
Claim 21 would be allowable if rewritten to overcome applicable double patenting rejection(s) indicated above, because for claim 21 the prior art references of record do not teach the combination of all element limitations as presently claimed. For example, in regard to claim 21 the prior art of record does not expressly teach combined concept of wherein a size of the equipment display object is based on the distance measure; and provide a route display object for display on the touchscreen display of the emergency responder terminal delineating a path of travel between the emergency responder terminal and the one or more units of equipment based on the distance measure. In addition, claims 22-39 are each objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome applicable double patenting rejection(s) indicated above because for each of claims 22-39, at least in light of their dependency on independent claim 21, the prior art references of record do not teach the combination of all element limitations as presently claimed.
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and include the following:
Lerick et al., U.S. Patent Application Publication 2016/0117646 A1 (hereinafter Lerick) teaches a system and method for managing building information and resolving building issues.
McSheffrey, U.S. Patent Application Publication 2013/0053063 A1 (hereinafter McSheffrey) teaches a system and method for communicating sensory information for remote monitoring emergency response of emergency equipment to improve emergency response and related task based upon data gathered from wireless monitoring of the emergency equipment.
Vartanian et al., U.S. Patent Application Publication 2012/0087212 A1 (hereinafter Vartanian) teaches a mobile computer for providing indoor location or position determination of object devices.
Amran, U.S. Patent Application Publication 2013/0290899 A1 (hereinafter Amran) teaches a method for obtaining status data of device such as motor vehicle, industrial machine and consumer device.
Nguyen et al., U.S. Patent Application Publication 2018/0129276 A1 (hereinafter Nguyen) teaches a method, apparatus, and system for employing augmented reality and virtual reality, and for monitoring and detecting user activities in an area.
Lee et al., U.S. Patent Application Publication 2017/0161004 A1 (hereinafter Lee) teaches a method and apparatus for displaying information for search or rescue.
Slavin et al., U.S. Patent 9,852,599 B1 (hereinafter Slavin) teaches a method for monitoring safety of users with a monitoring platform by using mobile devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL-SAMAD A ADEDIRAN whose telephone number is (571)272-3128. The examiner can normally be reached on Monday through Thursday, 8:00 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached on 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL-SAMAD A ADEDIRAN/Primary Examiner, Art Unit 2621