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 .
DETAILED ACTION
This Office Action is sent in response to Applicant’s Communication received 12 June 2025 for application number 19/236,148. The Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, Claims.
Claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on the following dates are in compliance with the provisions of 37 CFR 1.97 and are being considered by the Examiner: 6/12/25; 1/20/26; 3/23/26.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 12,417,638. This is a statutory double patenting rejection.
Regarding claim 1, ‘638 discloses an in-vehicle security device mountable to a surface to a rear of a rear-view mirror of a vehicle (claim 1), comprising:
a first image capture device configured to receive images in a first direction relative to the security device (claim 1);
a second image capture device facing a second direction, the second direction different from the first direction (claim 1); and
a first object detection module configured to detect the presence of an object exterior to a vehicle in which the security device may be mounted (claim 1);
wherein the first image capture device and second image capture device are arranged to begin capturing images and/or video responsive to the first object detection module detecting the presence of an object exterior to a vehicle in which the security device may be mounted (claim 1); and
wherein the second image capture device is arranged to comprise a field of view that extends beyond the rear view mirror into a cabin of the vehicle (claim 1).
Regarding claim 2, see teachings of claim 1. ‘638 further discloses further comprising a second object detection module to detect the presence of an object exterior to a vehicle in which the security device may be mounted (claim 2).
Regarding claim 3, see teachings of claims 1 and 2. ‘638 further discloses wherein the first object detection module and the second object detection module are arranged to have overlapping fields of view with the field of view of the first image capture device (claim 3).
Regarding claim 4, see teachings of claims 1 and 2. ‘638 further discloses wherein the first object detection module is oriented at a first angle with respect to the direction of the field of view of the first image module and the second object detection module is oriented at a second angle with respect to the direction of the field of view of the first image module, the second angle being different to the first angle (claim 4).
Regarding claim 5, see teachings of claims 1, 2, and 4. ‘638 further discloses wherein the first angle and second angle are equal and opposite (claim 5).
Regarding claim 6, see teachings of claims 1 and 2. ‘638 further discloses wherein the first object detection module and the second object detection module both each comprise (claim 6):
at least one signal transmitter operative to emit an object ranging signal (claim 6);
and at least two signal receivers for each at least one signal transmitter operative to receive a reflection of the emitted object ranging signal (claim 6);
wherein the at least one signal transmitter and the at least two signal receivers for each at least one signal transmitter are disposed relative to each other to reduce reflection of the transmitted object ranging signal from a surface of a protective member proximal the at least one signal transmitter that the transmitted signal travels through (claim 6).
Regarding claim 7, see teachings of claims 1, 2, 4, and 5. ‘638 further discloses further comprising an external housing and wherein the signal transmitters are arranged so as to minimise occlusion of the signal by features of the housing (claim 7).
Regarding claim 8, see teachings of claims 1, 2, 4, 5, and 7. ‘638 further discloses wherein the signal transmitters are arranged to be at a distance from the inner surface of the housing so as to minimise destructive interference of the signal by the housing (claim 8).
Regarding claim 9, see teachings of claims 1, 2, 4, 5, 7, and 8. ‘638 further discloses wherein the distance is 0.6mm (claim 9).
Regarding claim 10, see teachings of claim 1. ‘638 further discloses wherein the security device is configured to be connected to a second device such that image data and motion data captured on the second device is transferrable to the first device (claim 10).
Regarding claim 11, see teachings of claim 1. ‘638 further discloses wherein the motion detection module is a RADAR module (claim 11).
Regarding claim 12, see teachings of claim 1. ‘638 further discloses further comprising an inertial measurement unit (claim 12).
Regarding claim 13, see teachings of claims 1 and 12. ‘638 further discloses wherein the security system is configured to be operative in either a high power state or a lower power state responsive to an indication of a security threat by the inertial measurement unit (claim 13).
Regarding claim 14, see teachings of claims 1, 12, and 13. ‘638 further discloses further comprising a memory device and/or a data transfer unit (claim 14);
and wherein the device stores measurement data from the first image capture device, second image capture device, and the object detection modules on the memory card and responsive to the indication of a security threat, transmitting the data to an external device (claim 14).
Regarding claim 15, see teachings of claim 1. ‘638 further discloses wherein the second image capture device of the first device is a wide-angle lens (claim 15).
Regarding claim 16, see teachings of claim 1. ‘638 further discloses configured to be pivotably mountable to a surface to the rear of a rear-view mirror of a vehicle (claim 16).
Regarding claim 17, ‘638 discloses mount attachable to a surface to the rear of a rear-view mirror of a vehicle and configured to provide pivotable coupling of an in-vehicle security device according to claim 1 to the mount (claim 17).
Regarding claim 18, ‘638 discloses an assembly, comprising a mount according to claim 17 and an in-vehicle security device according to any preceding claim pivotably mounted to the mount (claim 18).
Regarding claim 19, ‘638 discloses a vehicle comprising a security device according to claim 1 (claim 19).
Regarding claim 20, ‘638 discloses a vehicle comprising an assembly according to claim 18 (claim 20).
Prior Art not relied upon: Please refer to the references listed in attached PTO-892, which are not relied upon for the claim rejections, since these references are pertinent to the disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGUYEN T TRUONG whose telephone number is (571)272-5262. The examiner can normally be reached on Mon - Fri, 6AM - 2PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMIE ATALA can be reached on 571-272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NGUYEN T TRUONG/Primary Examiner, Art Unit 2486
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