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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the abstract should be drawn to the instant invention. For example, the specifics of the top cover. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 20-37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. US 12,400,527. Although the claims at issue are not identical, they are not patentably distinct from each other because the respective claims are not patently distinguishable, and encompass, with varying scope, the same subject matter.
INSTANT CLAIM
PATENTED CLAIM
20. (New) A checkout device, comprising: a housing that encloses a cavity space, the cavity space being at least partially covered by a top cover that protrudes from an upper surface of the housing; a display screen fastened to the housing; and a Near Field Communication (NFC) module located in the cavity space that is enclosed by the housing.
1. A checkout device, comprising: a housing, wherein the housing comprises a grip portion that at least partially encloses a cavity space in the housing, the cavity space being at least partially covered by a top cover that protrudes from an upper surface of the housing; a display screen that is fastened to the housing and that is located above the grip portion in a length direction of the checkout device, wherein the display screen is configured to display at least one of a to-be-paid amount of a product, a payment method guidance, or a payment result; and a Near Field Communication (NFC) module located in the cavity space that is at least partially enclosed by the grip portion of the housing, to be in proximity to an electronic device to make an electronic payment.
10. A checkout assembly, comprising a base and a checkout device supported on the base, wherein the checkout device comprises: a housing, wherein the housing comprises a grip portion that at least partially encloses a cavity space in the housing, the cavity space being at least partially covered by a top cover that protrudes from an upper surface of the housing; a display screen that is fastened to the housing and that is located above the grip portion in a length direction of the checkout device, wherein the display screen is configured to display at least one of a to-be-paid amount of a product, a payment method guidance, or a payment result; and a Near Field Communication (NFC) module located in the cavity space that is at least partially enclosed by the grip portion of the housing, to be in proximity to an electronic device to make an electronic payment.
19. A method, comprising: providing a checkout device and an electronic device, wherein the checkout device comprises a housing, a display screen, and a Near Field Communication (NFC) module, wherein the housing comprises a grip portion that at least partially encloses a cavity space in the housing, the cavity space being at least partially covered by a top cover that protrudes from an upper surface of the housing, and wherein the NFC module is located in the cavity space that is at least partially enclosed by the grip portion of the housing; obtaining, by the checkout device, a to-be-paid amount of a product; displaying, by the checkout device, the to-be-paid amount on the display screen that is fastened to the housing and that is located above the grip portion in a length direction of the checkout device; providing, by the checkout device, payment method guidance; making, by the electronic device, an electronic payment using the NFC module based on the guidance; and displaying, by the checkout device, a payment result on the display screen.
Regarding the dependent claims, the patented dependent claims recite similar limitations.
Claims 20-23 and 28-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-5 of U.S. Patent No. 12,333,522. Although the claims at issue are not identical, they are not patentably distinct from each other because the respective claims are not patently distinguishable, and encompass, with varying scope, the same subject matter.
INSTANT CLAIM
PATENTED CLAIM
20. (New) A checkout device, comprising: a housing that encloses a cavity space, the cavity space being at least partially covered by a top cover that protrudes from an upper surface of the housing; a display screen fastened to the housing; and a Near Field Communication (NFC) module located in the cavity space that is enclosed by the housing.
1. A checkout device, comprising: a housing, comprising a support portion for support of the housing on a countertops wherein: the housing comprises: a main body housing; and the support portion comprises: a first support portion and a second support portion, wherein the first support portion and the second support portion are connected to the main body housing, wherein the first support portion is in a flat plate shape, and wherein the second support portion is columnar and comprises: an inclined bottom surface; a display screen, wherein the display screen is fastened to the housing, wherein, when the checkout device is used, the display screen faces a consumer, and wherein, when the support portion is positioned on the countertop, the display screen is inclined relative to a vertical direction; and a near-field communication (NFC) module, wherein the NFC is located in a space enclosed by the housing, and wherein the NFC is located to permit an electronic device to perform an electronic payment.
5. The checkout device of claim 4, wherein the housing comprises: a top cover fastened to the main body housing, wherein the NFC module is fastened to the top cover, wherein the NFC module and the indicator are located between the top cover and the main body housing, and wherein the top cover is transmissive to light emitted by the indicator.
Regarding the dependent claims, the patented claims recite similar limitations.
Claims 20-34 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11, 12 and 14-23 of copending Application No. 19/222779 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the respective claims are not patently distinguishable, and encompass, with varying scope, the same subject matter.
INSTANT CLAIM
COPENDING CLAIM
20. (New) A checkout device, comprising: a housing that encloses a cavity space, the cavity space being at least partially covered by a top cover that protrudes from an upper surface of the housing; a display screen fastened to the housing; and a Near Field Communication (NFC) module located in the cavity space that is enclosed by the housing.
11. (New) A checkout device, comprising: a housing, comprising a support portion for support of the housing on a countertop; a display screen, wherein the display screen is fastened to the housing, and wherein, when the support portion is positioned on the countertop, the display screen is inclined relative to a vertical direction; and a near-field communication (NFC) module, wherein the NFC module is located in a space enclosed by the housing, and wherein the NFC module is located to permit an electronic device to perform an electronic payment.
18. (New) The checkout device of claim 14, wherein the housing comprises: a top cover fastened to the housing, wherein the NFC module and the indicator are located between the top cover and the housing, and wherein the top cover is transmissive to light emitted by the indicator.
Regarding the dependent claims, the patented claims recite similar limitations.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Examiner’s Remarks
With respect to claim(s) 20-37, the examiner makes no prior art rejection. However, these claims are not allowable pursuant to the pending Double Patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20250356338 is the pre-grant publication of copending app# 19/222779
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/SUEZU ELLIS/Primary Examiner, Art Unit 2876