DETAILED ACTION
Amendment
1. Receipt is acknowledged of the amendment filed on May 20, 2026. December 20, 2003. In the amendment claims 10-19 were newly added. Currently claims 2-19 remain in the examination.
Preliminary Amendment
2. Receipt is acknowledged of the preliminary amendment filed on February 19, 2026.
Please note that FAOM previously issued was dated February 17, 2026. Although FAOM is dated February 20, 2026 in USPTO’s electronic system, the action was issued and went through action issuing process after the action was completed by the Examiner on February 17, 0206.
Double Patenting
3. 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.
4. Claims 2 and 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,651,181 issued to Applicant (hereinafter “181 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
181 patent
Claim 2
A system, comprising:
a memory; and
a processor coupled to the memory and configured to execute instructions, wherein the instructions cause the processor to:
receive first identification information from a dual-frequency radio frequency identification (RFID) tag affixed to a product at a first frequency at a first location;
register a status of the product based on the first identification information in the memory, the status including an indication with regard to whether the product is a temperature sensitive product;
receive second identification information from the dual-frequency RFID tag affixed to the product at a second frequency at a second location; and
update the status in the memory based on the second identification information.
Claim 1
A system, comprising:
a memory; and
a processor coupled to the memory and configured to execute instructions, wherein the instructions cause the processor to:
receive first identification information from a dual-frequency radio frequency identification (RFID) tag affixed to a product at a first frequency at a first location;
register a status of the product based on the first identification information in the memory which includes an indication with regard to whether the product is a temperature sensitive product;
receive second identification information from the dual-frequency RFID tag affixed to the product at a second frequency at a second location; and
update the status in the memory based on the second identification information,
wherein the first location is outside a freezer and the second location is inside the freezer.
Claim 2
The system of claim 1, wherein the first frequency is a low frequency (LF) or a high frequency (HF).
Claim 3
The system of claim 2, wherein the dual-frequency RFID tag comprises a high frequency (HF) RFID element and an ultra-high frequency (UHF) RFID element.
Claim 3
The system of claim 2, wherein the second frequency is an ultra-high frequency (UHF) or a high frequency (HF).
As shown above, the limitation of claim 2 of the instant application is fully disclosed in corresponding claim 1 of 181 patent. The underlined portion of claim 1 of 181 patent is only section that is different from clam 2 of the instant application. Accordingly, the scope of claim 2 of the instant application is broader than claim 1 of 181 patent. In view of the above, claimed subject matter of claims 2-3 of the instant application and the subject matter of claims 1-3 of 181 patent are not patentably distinct.
Allowable Subject Matter
5. Claims 10-19 are allowed.
6. Claims 4-9 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 system for utilizing dual-frequency RFID tag. Claims are directed at a system, comprising:
a memory; and
a processor coupled to the memory and configured to execute instructions, wherein the instructions cause the processor to:
receive first identification information from a dual-frequency radio frequency identification (RFID) tag affixed to a product at a first frequency at a first location;
register a status of the product based on the first identification information in the memory, the status including an indication with regard to whether the product is a temperature sensitive product;
receive second identification information from the dual-frequency RFID tag affixed to the product at a second frequency at a second location; and
update the status in the memory based on the second identification information
wherein the status includes chain-of- custody information.
Above is a combination of claims 2 and 5 as an example. Such a system is neither disclosed nor suggested by the cited references. Even if some teachings may be found in other references, Examiner finds no grounds to combine them. The limitations in other objected claims (and allowed claims) are also allowable.
Response to Arguments
8. Applicant’s remarks filed on May 20, 2026 have been carefully reviewed and considered.
When FAOM was previously issued, the preliminary amendment dated February 20, 2026 was not in the system and not visible to the Examiner. Accordingly, this Office Action is made final.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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, Thomas Pham, can be reached on (571)272-3689. The fax phone number for this Group is (571)273-8300.
Communications via Internet e-mail regarding this application, other than those under 35 U.S.C. 132 or which otherwise require a signature, may be used by the applicant and should be addressed to [ahshik.kim@uspto.gov].
PTO employees do not engage in Internet communications where there exists a possibility that sensitive information could be identified or exchanged unless the record includes a properly signed express waiver of the confidentiality requirements of 35 U.S.C. 122. This is more clearly set forth in the Interim Internet Usage Policy published in the Official Gazette of the Patent and Trademark on February 25, 1997 at 1195 OG 89.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AHSHIK KIM/Primary Examiner, Art Unit 2876
June 26, 2026
Prosecution Insights