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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 18, 2025 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Drawings
The drawings filed on June 18, 2025 are accepted.
Specification
The specification filed June 18, 2025 is accepted.
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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-23 of copending Application No. 19/541,747 (reference application). Although the conflicting claims are not identical, they are not patentably distinct from each other because all elements of claims 1-20 of the present application correspond to elements of claims 1-23 the reference application. Claims 1-20 of the present application would have been obvious over claims 1-23 of the reference application because each element of the claims of the present application is anticipated by the reference application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perron US 2013/0034268 A1.
As per claim 1, Perron teaches a transportation security system, comprising:
a set of screening node devices located at one or more airports, each having image capturing equipment deployed thereat by which image data are generated, the image data comprising individual images of objects passing through the image capturing equipment [paragraphs 0124-0125];
a set of image interpretation node devices at which it is determined whether a security threat is depicted in the image data generated at the screening node devices [paragraphs 0145-0147 and 0190-0209]; and
a multiplexing control node having a processor coupled to memory and configured to assign an image, from the image data generated by the set of screening nodes, to an image interpretation node of the set of image interpretation nodes for analysis [paragraphs 0145-0147 and 0190-0209].
As per 11, Perron teaches a method, comprising:
capturing a set of images from image capturing equipment deployed at respective screening nodes locations at one or more airports [paragraphs 0124-0125]; and
assigning an image, from the set of images, to an image interpretation node of a plurality of image interpretation nodes for analysis [paragraphs 0145-0147 and 0190-0209];
wherein the image interpretation node assigned the image provides an indication that a security threat is observed or not observed in the image [paragraphs 0145-0147 and 0190-0209].
As per claim 18, Perron teaches a transportation security apparatus, comprising:
a memory [figure 4]; and
a processor coupled to the memory [figure 4] and configured to:
receive an image from a screening node of a set of screening nodes, located at one or more airports, respectively having image capturing equipment configured to generate image data comprising images of objects, wherein the transportation security apparatus receives the image subsequent to a multiplexing control node assigning the image from the screening node to the transpiration security apparatus in accordance with selection criteria [paragraphs 0145-0147 and 0190-0209];
generate an indication of whether a threat condition is observed in the image or not observed in the image [paragraphs 0145-0147 and 0190-0209]; and
transmit the indication to the screening node at which the image is captured [paragraphs 0145-0147 and 0190-0209].
As per claims 2 and 14, Perron further teaches the system wherein the image is assigned to the image interpretation node according to selection criteria [paragraphs 0145-0147 and 0190-0209].
As per claims 3 and 15, Perron further teaches the system wherein the selection criteria include operator criteria [paragraphs 0145-0147 and 0190-0209].
As per claims 4 and 16, Perron further teaches the system, wherein the selection criteria include network condition criteria [paragraphs 0145-0147 and 0190-0209].
As per claim 5, Perron further teaches the system, wherein the set of screening node devices and the set of image interpretation node devices are communicatively coupled through a communications network [paragraphs 0145-0147 and 0190-0209].
As per claim 6, Perron further teaches the system wherein the image interpretation node assigned the image receives the image from a screening node, of the set of screening nodes, at which the image is captured over the communications network [paragraphs 0145-0147 and 0190-0209].
As per claims 7 and 13, Perron further teaches the system wherein the multiplexing control node transmits the image to the image interpretation node assigned the image [paragraphs 0145-0147 and 0190-0209].
As per claim 8, Perron further teaches the system wherein the multiplexing control node receives the image from a screening node of the set of screening nodes at which the image is captured [paragraphs 0145-0147 and 0190-0209].
As per claim 9, Perron further teaches the system wherein the image interpretation node generates an indication that a threat condition is observed in the image [paragraphs 0145-0147 and 0190-0209].
As per claim 10, Perron further teaches the system wherein the image interpretation node transmit the indication to a screening node, of the set of screening nodes, at which the image is captured [paragraphs 0145-0147 and 0190-0209].
As per claim 12, Perron further teaches the method further comprising receiving the image of the object from a screening node of the plurality of screening nodes [paragraphs 0145-0147 and 0190-0209].
As per claim 17, Perron further teaches the method further comprising transmitting the indication that the security threat is observed or not observed to a screening node at which the image captured [paragraphs 0145-0147 and 0190-0209].
As per claim 19, Perron further teaches the apparatus wherein the set of screening nodes and the transportation security apparatus are communicatively coupled through a communications network, and wherein the processor is configured to receive the image over the communications network [paragraphs 0145-0147 and 0190-0209].
As per claim 20, Perron further teaches the apparatus wherein the processor is further configured to receive the image captured at the screening node from the multiplexing control node [paragraphs 0145-0147 and 0190-0209].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEEMNET W DADA whose telephone number is (571)272-3847. The examiner can normally be reached Monday-Friday, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amir Mehrmanesh can be reached at 571-270-3351. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BEEMNET W. DADA
Primary Examiner
Art Unit 2435
/BEEMNET W DADA/ Primary Examiner, Art Unit 2435
Prosecution Insights