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 .
1. Acknowledgement is made to the preliminary amendment, filed 2/20/2026. Claims 1-30 have been canceled. Claims 31-60 have been newly added. Claims 31-60 are pending.
Information Disclosure Statement
2. Acknowledgement is made to the information disclosure statements (IDS) submitted on 2/11/2026 & 2/18/2026. The information disclosure statements are being considered by the examiner.
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.
3. Claims 31-60 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-8, 10, 12, 13, 15, 16, 18-24, & 26-29 of U.S. Patent No. 12,380,740, hereinafter US ‘740. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to the same subject matter and recite similar claim limitations. See the table below with respect to the independent claims wherein similar claim limitations are in bold.
Instant Application
US ‘740
31. A method comprising:
a. generating, by at least one processor, at least one expanded baggage information message that includes an originating hardcopy bag tag identifier (OP-BTI) associated with or printed on a printed bag tag from an originating travel carrier that is on a luggage item of a passenger, the passenger having one or more luggage items, wherein the at least one expanded baggage information message is expanded from an airline baggage information message to include travel data of multiple modes of travel;
b. electronically acquiring, by at least one electronic acquiring device, the OP-BTI on the luggage item;
c. querying, by at least one processor, a database using the acquired OP-BTI as a unique identifier, wherein the database comprises the travel data of the at least one expanded baggage information message enumerating a travel path of the passenger by a different mode of travel from the originating travel carrier; and
d. checking in, by the at least one processor, each luggage item of the one or more luggage items for the passenger for the travel path of the passenger using information from the at least one expanded baggage information message.
1. A method comprising:
electronically acquiring, by at least one electronic acquiring device, an originating hardcopy bag tag identifier (OP-BTI) associated with or printed on a printed bag tag from an originating travel carrier that is on a luggage item of a passenger;
utilizing, by at least one processor, the OP-BTI as a unique identifier to query a database having at least one expanded baggage information message enumerating a travel path of the passenger by a different mode of travel from the originating travel carrier; and
checking in, by the at least one processor, each luggage item for the passenger for the travel path of the passenger using information from the at least one expanded baggage information message.
41. A system comprising:
a. at least one processor configured to generate at least one expanded baggage information message that includes an originating hardcopy bag tag identifier (OP-BTI) associated with or printed on a printed bag tag from an originating travel carrier that is on a luggage item of a passenger, the passenger having one or more luggage items, wherein the at least one expanded baggage information message is expanded from an airline baggage information message to include travel data of multiple modes of travel;
b. at least one electronic acquiring device configured to electronically acquire the OP-BTI on the luggage item;
c. a database, wherein the at least one processor is configured to query the database using the acquired OP-BTI as a unique identifier, wherein the database comprises the travel data of the at least one expanded baggage information message enumerating a travel path of the passenger by a different mode of travel from the originating travel carrier; and
d. wherein the at least one processor is configured to check in each luggage item of the one or more luggage items for the passenger for the travel path of the passenger using information from the at least one expanded baggage information message.
18. A system comprising:
at least one processor; and
a memory storing instructions that, when executed by the at least one processor, configured to cause the at least one processor to:
obtain, from at least one electronic acquiring device, an originating hardcopy bag tag identifier (OP-BTI) associated with or printed on a printed bag tag from an originating travel carrier that is on a luggage item of a passenger;
utilize the OP-BTI as a unique identifier to query a database having at least one expanded baggage information message enumerating a travel path of the passenger by a different mode of travel from the originating travel carrier; and
check-in each luggage item for the passenger for the travel path of the passenger using information from the at least one expanded baggage information message.
51. A non-transitory computer-readable medium storing instructions that, when executed by at least one processor, cause the at least one processor to perform operations comprising:
a. generating, by the at least one processor, at least one expanded baggage information message that includes an originating hardcopy bag tag identifier (OP-BTI) associated with or printed on a printed bag tag from an originating travel carrier that is on a luggage item of a passenger, the passenger having one or more luggage items, wherein the at least one expanded baggage information message is expanded from an airline baggage information message to include travel data of multiple modes of travel;
b. electronically acquiring, by at least one electronic acquiring device, the OP-BTI on the luggage item;
c. querying, by the at least one processor, a database using the acquired OP-BTI as a unique identifier, wherein the database comprises the travel data of the at least one expanded baggage information message enumerating a travel path of the passenger by a different mode of travel from the originating travel carrier; and
d. checking in, by the at least one processor, each luggage item of the one or more luggage items for the passenger for the travel path of the passenger using information from the at least one expanded baggage information message.
18. A system comprising:
at least one processor; and
a memory storing instructions that, when executed by the at least one processor, configured to cause the at least one processor to:
obtain, from at least one electronic acquiring device, an originating hardcopy bag tag identifier (OP-BTI) associated with or printed on a printed bag tag from an originating travel carrier that is on a luggage item of a passenger;
utilize the OP-BTI as a unique identifier to query a database having at least one expanded baggage information message enumerating a travel path of the passenger by a different mode of travel from the originating travel carrier; and
check-in each luggage item for the passenger for the travel path of the passenger using information from the at least one expanded baggage information message.
Additionally, with respect to the dependent claims, the limitations of claim 32 of the instant application can be found in claims 2 & 3 of US ‘740, the limitations of claims 33-36 of the instant application can be found in claims 5-8 of US ‘740, respectively, the limitations of claim 37 of the instant application can be found in claim 10 of US ‘740,
the limitations of claim 38 of the instant application can be found in claims 12 & 13 of US ‘740, the limitations of claims 39 & 40 of the instant application can be found in claims 15 & 16 of US ‘740, respectively, the limitations of claim 42 of the instant application can be found in claims 19 & 20 of US ‘740, the limitations of claim 43 of the instant application can be found in claims 5 & 21 of US ‘740, the limitations of claims 44-46 of the instant application can be found in claims 22-24 of US ‘740, respectively,
the limitations of claims 47-50 of the instant application can be found in claims 26-29 of US ‘740, respectively, the limitations of claim 52 of the instant application can be found in claims 19 & 20 of US ‘740, the limitations of claim 53 of the instant application can be found in claims 5 & 21 of US ‘740, the limitations of claims 54-56 of the instant application can be found in claims 22-24 of US ‘740, respectively, and the limitations of claims 57-60 of the instant application can be found in claims 26-29 of US ‘740, respectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAULTEP SAVUSDIPHOL whose telephone number is (571)270-1301. The examiner can normally be reached on M-F,7-3 EST. If the examiner cannot be reached by telephone, he can be reached through the following email address: paultep.savusdiphol@uspto.gov
If attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Michael G. Lee can be reached on (571) 272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAULTEP SAVUSDIPHOL/Primary Examiner, Art Unit 2876