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 .
Election/Restrictions
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/06/2026.
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 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,302,876. Although the claims at issue are not identical, they are not patentably distinct from each other because the present application and the Patent commonly claim:
For claim 1 of the present application vs. claim 1 of the Patent: a seine net extending a height from a floatline end thereof to a leadline end thereof and having a length from a coupled end thereof, coupled to a boat, and a deployed end thereof; a floatline coupled to the seine net; wherein the floatline is configured to float the floatline end of the seine net in a body of water; a leadline coupled to the seine net and configured to sink in a body of water; wherein the leadline is configured to sink the leadline end of the seine net in a body of water; wherein said seine net extends between the floatline and the leadline; a plurality of sensor modules coupled to the seine net comprising: a depth sensor configured to measure depth data; a sensor wireless signal transceiver that sends a wireless signal when above a surface of said body of water; and a digital data memory device; wherein each of the plurality of sensor modules is coupled to the seine net; computer having a processor configured to run a computer program; and a wireless signal transceiver configured to receive the wireless signal with the depth data from each of the plurality of sensor modules and wherein the wireless signal transceiver is configured to provide said depth data to the computer vs. a seine net position measurement system comprising: a seine net extending a height from a floatline end thereof to a leadline end thereof and having a length from a coupled end thereof, coupled to a boat, and a deployed end thereof; a floatline coupled to the seine net; a plurality of floats coupled to the floatline; wherein the floatline is configured to float the floatline end of the seine net in a body of water; a leadline coupled to the seine net and configured to sink in a body of water; wherein the leadline is configured to sink the leadline end of the seine net in a body of water; a purseline coupled to the seine net and extending proximal to the leadline; wherein said seine net extends between the floatline and the leadline; a plurality of sensor modules coupled to the seine net comprising: a depth sensor configured to measure depth data; a sensor wireless signal transceiver that sends a wireless signal when above a surface of said body of water; and a digital data memory device; wherein each of the plurality of sensor modules is coupled to the seine net; a computer having a processor configured to run a computer program; and a wireless signal transceiver configured to receive the wireless signal with the depth data from each of the plurality of sensor modules and wherein the wireless signal transceiver is configured to provide said depth data to the computer..
Claims 2-12 of the present application and claims 2-12 of the Patent claim substantially the same subject matter.
Claim Objections
Claims 1-12 are objected to because of the following informalities:
Claim 1, line 18, the term --a-- should be inserted before “computer”;
Claim 7, line 1, the term --of-- should be inserted after “plurality”;
Claim 8, line 2, the term --of-- should be inserted after “plurality”; and
Claim 9, line 2, the term --of-- should be inserted after “plurality”.
Appropriate correction is required.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP 2021-166547 to Takagi et al. disclose a seine net (91); a plurality of sensor modules (311-313) comprising a depth sensor (311-313) configured to measure depth data; a sensor wireless signal transceiver that sends a wireless signal when below a surface of the body of water (depth sensors 311-313 measure the depth of the own device at each observation time k and transmit it to receiver 32); a digital data memory device (storage means of CPU); wherein each of the plurality of sensor modules is coupled to the seine net (see Fig. 3); a computer (10) having a processor (CPU) configured to run a computer program (10 may be programmed and stored in a storage means); and a wireless signal transceiver (32) configured to receive the wireless signal with the depth data from each of the plurality of sensor modules and wherein the wireless signal transceiver is configured to provide the depth data (see Fig. 4) to the computer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN W ARK whose telephone number is (571)272-6885. The examiner can normally be reached M-F 8:30-5.
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/DARREN W ARK/Primary Examiner, Art Unit 3647
DWA