DETAILED ACTION
This office action is in reply to applicant communication filed on June 30, 2025.
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 .
Claims 1-5 have been cancelled.
Claims 1-5 are pending.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-5 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 11,777,996. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application and ‘996 is directed to a method of operation of a wireless physical access control system.
Claims 1-5 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 12,374,179. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application and ‘179 is directed to a method of operation of a wireless physical access control system.
Conclusion
The prior art made or record and not relied upon is considered pertinent to applicant’s disclosure are Chiu (US 11,777,996) and Davis (US Pub. No. 2015/0077220).
Chiu’s reference discloses:
A physical access control system enables acceptable portal entry codes upon receiving each physical access request by operating on the elapsed time from a previous physical access request to generate a temporal credential. The controller receives a plurality of physical access requests from a plurality of mobile application devices. Upon authenticating the first access request, the controller eliminates repetition from the space of acceptable successor requests from each mobile application device. Monotonic nonces advance the range of temporal code matches. Entry code generation is decentralized to distributed application devices and is inherently unknowable until a successor access request is initiated by the same application device.
Davis’s reference discloses:
A method of controlling access to a real estate property includes installing a dynamic electronically-controlled lockset on an exterior door of a real estate property, maintaining, at a remote location, a reference device adapted to present a value of a second dynamic access code to one or more users located in the real estate office, receiving, at the real estate agent location, a request from a user for a current value of the second dynamic access code, examining the reference device to determine the current value of the second dynamic access code, and providing the current value of the second dynamic access code to the user for input into the electronically-controlled lockset. The lockset is adapted to unlock upon receiving a value corresponding to a first dynamic access code programmed therein. The second dynamic access code is time-synchronized with the first dynamic access code programmed in the electronically-controlled lockset.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TESHOME HAILU whose telephone number is (571)270-3159. The examiner can normally be reached M-F 8 a.m. - 5 p.m..
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/TESHOME HAILU/Primary Examiner, Art Unit 2434
