DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The application of Cavallaro et al. for a “tracking system” filed on June 23, 2025 has been examined.
This application is a CON of 18/410,540 filed on January 11, 2024, now US# 12,345,816,
Which is a CON of 17/870,224 filed on July 21, 2022, now US# 11,874,373,
Which is a CON of 17/332,456 filed on May 27,2021, now US# 11,397,264,
Which is a CON of 16/838,588 filed April 2, 2020, now US# 11,022,690,
which is a CON of 16/362,225 filed March 22, 2019, now US# 10,613,226,
Which is a CON of 15/489,333 filed April 17, 2017, now US# 10,241,205,
Which is a CON of 14/506,969 filed October 6, 2014, now US# 9,625,321,
Which is a CON of 12/906,012 filed October 15, 2010, now US# 8,884,741,
which claims benefit of 61/307,578 filed February 24, 2010.
Claims 1-20 are pending.
Election/Restriction
Applicant’s election of Invention I, including claims 1-9, in the reply filed on September 11, 2026 is acknowledged.
An amendment to the claims 10-18 has been entered and made of record.
Claims 10-20 are withdrawn.
If claims 1-9 are in condition for allowance, the status of the claim 10-20 need to be cancelled.
Specification
The disclosure is objected to because of the following informalities: Under cross references to related applications CON status needs to be updated. Serial number 18/410,540 filed on January 11, 2024, now US# 12,345,816, which is a CON of 17/870,224 filed on July 21, 2022, now US# 11,874,373.
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 1-9 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,345,816. Although the conflicting claims are not identical, they are not patentably distinct from each other because:
Referring to Claim 1 of the Instant Application, a system for tracking objects at a live sporting event comprising: a computer including a processor and a memory operable to receive signal data measured by at least one sensor at a live sporting event, wherein the signal data is associated with a multiplicity of objects at the live sporting event;
wherein the multiplicity of objects are configured with at least one tag and/or at least one
transponder;
wherein the at least one sensor has an identification (ID) code;
wherein the computer is operable to determine locations of the multiplicity of objects
based on the signal data;
wherein the computer is further operable to change how often at least one sensor
transmits data based on the ID code of the at least one sensor; and
wherein the computer is further operable to determine at which times the multiplicity of
objects are to be tracked based on how often the at least one sensor transmits data.
The difference is that the Claim 1 of the instant application did not explicitly disclose that wherein the computer is further operable to instruct the at least one sensor to change how often one or more of the multiplicity of objects is tracked based on the location of at least one of the multiplicity of objects and/or the at least one transponder to change how often the at least one transponder emits trackable signals based on the location of at least one of the multiplicity of objects.
It would have been obvious to a person of ordinary skill in the art to recognize that the system for tracking objects of claim 1 of the Instant Application would have wherein the computer is further operable to instruct the at least one sensor to change how often one or more of the multiplicity of objects is tracked based on the location of at least one of the multiplicity of objects and/or the at least one transponder to change how often the at least one transponder emits trackable signals based on the location of at least one of the multiplicity of objects. The claim 1 of the Instant Application would anticipated in the claim 1 of the U.S. Patent No. 12,345,816 because all of the pending limitations are recited in the patented claim.
The following claims are not identical, but at least one examined application claim is anticipated by, or would have been obvious over, the reference claims:
Instant Application U.S. Patent No. 12,345,816
1 1
2 2
3 3
4 4
5 5
6 6
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9 9
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the enclosed PTO-892 for details.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAM V NGUYEN whose telephone number is 571-272-3061(571)272-3061. The examiner can normally be reached on 8:00AM-5:00PM M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached on 571-272-3114. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications.
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/NAM V NGUYEN/
Primary Examiner, Art Unit 2685
