CTNF 19/233,014 CTNF 85350 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA 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. 08-34 AIA Claim s 2-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 4-8 and 15-19 of U.S. Patent No. 12361806 . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 2-13 of the instant application is anticipated by claims 4-8 and 15-19 of U.S. Patent No. 12361806 . 08-34 AIA Claim s 2-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-9 of U.S. Patent No. 11783685 in view of Pub. No.US 20140161312 . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 2-13 of the instant application is anticipated by claims 1-9 of U.S. Patent No. 11783685 . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claim s 2-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hertz Patent No. US 7577199 B1 (Hereinafter “Hertz”) in view of Krahnstoever et al. Pub. No.: US 2011/0316697 A1 (Hereinafter “Krahnstoever”). Regarding Claim 2 , Hertz discloses a method for controlling an information processing apparatus, the method comprising: receiving a first image from a camera (see col.2, lines 51-55); controlling a touch screen display to display the first image on the touch screen display (see col.4, lines 10-29); Hertz fails to disclose: receiving input for setting an area to detect an event, via the touch screen display, on which the first image is displayed; setting the area based on the input; and controlling the touch screen display to display a message on the touch screen display in response to detecting the event in the area from a second image, the second image being captured after the first image, wherein the area is set based on a second position in a case where the input is received by dragging a first position to the second position on the touch screen display. In analogous art, Krahnstoever discloses: receiving input for setting an area to detect an event, via the touch screen display, on which the first image is displayed video (see Figs. 5A-5C and paragraph [0031]); setting the area based on the input video (see Figs. 5A-5C and paragraph [0031]); and controlling the touch screen display to display a message on the touch screen display in response to detecting the event in the area from a second image, the second image being captured after the first image position (see paragraphs [0033] and [0035])., wherein the area is set based on a second position in a case where the input is received by dragging a first position to the second position on the touch screen display (see paragraphs [0030] -[0031]). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Hertz with the teaching as taught by Krahnstoever in order to provide techniques that optimally notify an operator of the occurrence of an event of interest, reducing the system-operator gap such that the operator may advantageously utilize the advanced surveillance technology to identify events of interest effectively and efficiently, with relative ease Regarding Claim 3, Hertz in view of Krahnstoever teach the system as discussed in the rejection of claim 2. Krahnstoever further discloses wherein the shape of the area is determined based on the first position and the second position (see fig.5 and paragraphs [0030] -[0031]). Regarding Claim 4 , Hertz in view of Krahnstoever teach the system as discussed in the rejection of claim 2 . Krahnstoever further discloses wherein the area includes the second position (see paragraph [0031]). Regarding Claim 5, Hertz in view of Krahnstoever teach the system as discussed in the rejection of claim 2. Krahnstoever further discloses wherein the event includes intruding the area or passing a line, the line being determined by an input device (see paragraph [0031]). Regarding Claim 6, the claim is being analyzed with respect to the rejection of claim 2. Regarding Claim 7, the claim is being analyzed with respect to the rejection of claim 3. Regarding Claim 8, the claim is being analyzed with respect to the rejection of claim 4. Regarding Claim 9, the claim is being analyzed with respect to the rejection of claim 5. Regarding Claim 10, the claim is being analyzed with respect to the rejection of claim 2. Regarding Claim 11, the claim is being analyzed with respect to the rejection of claim 3. Regarding Claim 12, the claim is being analyzed with respect to the rejection of claim 4. Regarding Claim 13, the claim is being analyzed with respect to the rejection of claim 5. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alazar Tilahun whose telephone number is (571)270-5712. The examiner can normally be reached Monday -Friday, From 9:00 AM-6:00 PM. 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, Benjamin Bruckart can be reached at 571-272-3982 . 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. /ALAZAR TILAHUN/ Primary Examiner Art Unit 2424 /A.T/Primary Examiner, Art Unit 2424 Application/Control Number: 19/233,014 Page 2 Art Unit: 2424 Application/Control Number: 19/233,014 Page 3 Art Unit: 2424 Application/Control Number: 19/233,014 Page 4 Art Unit: 2424 Application/Control Number: 19/233,014 Page 5 Art Unit: 2424 Application/Control Number: 19/233,014 Page 6 Art Unit: 2424 Application/Control Number: 19/233,014 Page 7 Art Unit: 2424
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