Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
This action is responsive to claims filed on June 30, 2025. Claims 1-14 are pending and presented for examination.
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Allowable Subject Matter
No rejection under 35 USC §§ 102, 103, 112 or 101 has been applied to claims 1-14 with the exception to the double patenting rejection below. Said claims recite the subject matter that formed the basis for allowance of the parent application (see Applicant’s remarks filed on December 28, 2021 for the parent application No. 16/866636) . Accordingly, the same reasons for allowance given in the parent application are applicable to the present application.
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.
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Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-14 of U.S. Patent No. 12,349,036. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claims are anticipated by the claims recited in the U.S. Patent. Said claims in both applications are directed to emergency preparedness to reduce impact by utilizing more effective practices and tools to respond to emergencies.
Taking claims 1 and 8 in the instant application, as an exemplary to show the similarity in features being claimed in both applications, to compare to claims 1 and 8 in the U.S. Patent (see comparison table below). Therefore, it would have been obvious to one of the ordinary skill in the art, having the same claim elements of the parent application, to construct a system as claimed in the instant application capable of performing identical functions as the parent application. The rest of the instant application claims recite similar features as those cited in the U.S. Patent.
An exemplary table to show similarity among the conflicting claims.
Instant Application
U.S. Patent No. 12,349,036
1. A method for execution by one or more processing modules of one or more computing devices, the method comprises:
identifying a first user device associated with local status information indicating a need for medical attention;
establishing a biological threat event for the first user device when associated with the local status information indicating the need for medical attention;
establishing event timeline information of the biological threat event to include time information of historical geographic location coordinate information of the first user device;
identifying a second user device potentially associated with the biological threat event based on the time information of historical geographic location coordinate information of the first user device and time information of historical geographic location coordinate information of the second user device;
identifying a third user device potentially associated with the biological threat event based on the time information of the historical geographic location coordinate information of the second user device and time information of historical geographic location coordinate information of the third user device; and
issuing status information to the third user device, wherein the status information includes two or more of:
the local status information associated with the first user device, the event timeline information of the biological threat event, the time information of the historical geographic location coordinate information of the second user device, and the time information of the historical geographic location coordinate information of the third user device.
1. A method for execution by one or more processing modules of one or more computing devices, the method comprises:
identifying a first user device associated with local status information indicating a need for medical attention;
establishing a biological threat event for the first user device when associated with the local status information indicating the need for medical attention;
establishing event timeline information of the biological threat event to include time information of historical geographic location coordinate information of the first user device;
identifying a second user device potentially associated with the biological threat event based on the time information of historical geographic location coordinate information of the first user device and time information of historical geographic location coordinate information of the second user device;
identifying a third user device potentially associated with the biological threat event based on the time information of the historical geographic location coordinate information of the second user device and time information of historical geographic location coordinate information of the third user device; and
issuing status information to one or more of the second user device and the third user device, wherein the status information includes one or more of:
the local status information associated with the first user device, the event timeline information of the biological threat event, the time information of the historical geographic location coordinate information of the second user device, and the time information of the historical geographic location coordinate information of the third user device.
8. A computing device comprises:
an interface;
a memory; and
a processing module operably coupled to the interface and the memory, wherein the processing module functions to:
identify a first user device associated with local status information indicating a need for medical attention;
establish a biological threat event for the first user device when associated with the local status information indicating the need for medical attention;
establish event timeline information of the biological threat event to include time information of historical geographic location coordinate information of the first user device;
identify a second user device potentially associated with the biological threat event based on the time information of historical geographic location coordinate information of the first user device and time information of historical geographic location coordinate information of the second user device;
identify a third user device potentially associated with the biological threat event based on the time information of the historical geographic location coordinate information of the second user device and time information of historical geographic location coordinate information of the third user device; and
issue, via the interface, status information to the third user device, wherein the status information includes two or more of:
the local status information associated with the first user device, the event timeline information of the biological threat event, the time information of the historical geographic location coordinate information of the second user device, and the time information of the historical geographic location coordinate information of the third user device.
8. A computing device comprises:
an interface;
a memory; and
a processing module operably coupled to the interface and the memory, wherein the processing module functions to:
identify a first user device associated with local status information indicating a need for medical attention;
establish a biological threat event for the first user device when associated with the local status information indicating the need for medical attention;
establish event timeline information of the biological threat event to include time information of historical geographic location coordinate information of the first user device;
identify a second user device potentially associated with the biological threat event based on the time information of historical geographic location coordinate information of the first user device and time information of historical geographic location coordinate information of the second user device;
identify a third user device potentially associated with the biological threat event based on the time information of the historical geographic location coordinate information of the second user device and time information of historical geographic location coordinate information of the third user device; and
issue, via the interface, status information to one or more of the second user device and the third user device, wherein the status information includes one or more of:
the local status information associated with the first user device, the event timeline information of the biological threat event, the time information of the historical geographic location coordinate information of the second user device, and the time information of the historical geographic location coordinate information of the third user device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to form PTO-892 (Notice of Reference Cited) for a list of relevant prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED A WASEL whose telephone number is (571) 272-2669. The examiner can normally be reached Mon-Fri (8:00 am – 4:30 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Glenton Burgess can be reached on (571)272-3949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED A. WASEL/Primary Examiner, Art Unit 2454
