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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/020,810, filed on 2/10/2023.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,421,697. Although the claims at issue are not identical, they are not patentably distinct from each other because the narrower patented claims anticipates the broader instant application claim. Claim 1 of instant application is anticipated by patented claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 - 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kiyota et al. (Pub. No.: US 2019/0360177 A1).
Regarding claim 1, Kiyota discloses a display device (50, FIG. 2) comprising:
a display unit (50, FIG. 2) configured to display a screen (MP1, FIG. 4);
an alarm sound output unit (52, FIG. 2) configured to output an alarm sound based on alarm information (Detect vehicle in distant area S102C, FIG. 32 and Notify detection of vehicle with vehicle detection sound S108C; and
a control unit (30, FIG. 2) configured to cause the display unit to display a screen in accordance with a received instruction (FIG. 33A), wherein the control unit is configured to:
when a first instruction is received, cause the display unit to display a screen including information related to an error (Similarly, warn against the entry of a monitoring target in to a warning area around the shovel ¶ 94), and
when a second instruction is received, stop an output of the alarm sound by the alarm sound output unit (“The external audio output device 62 can, under the control of the controller 30, warn against the entry of a monitoring target into a warning area around the shovel by outputting predetermined audio information to the surroundings of the shovel.” ¶ 95).
Regarding claim 2, Kiyota discloses the display device, wherein the control unit is further configured to, when a third instruction is received, resume outputting the alarm sound by the alarm sound output unit (if vehicle continues to be detected, S110C goes back to step S108 to continue detected sound, FIG. 32).
Regarding claim 3, Kiyota discloses the display device, wherein the control unit is further configured to, when the third instruction is received, cause the display unit to re-display the screen including the information related to the error (An object is moving and approaching the shovel which triggers a trajectory line, Red Color and blinking which is interpreted to read on the “error” and is cyclical as the sensors determine if the object is moving or stationary and close or distant to the shovel, FIG. 28).
Regarding claim 4, Kiyota discloses the display device, wherein the alarm information includes an alarm level associated with the error, the alarm level includes a first alarm level and a second alarm level (Color and Blinking marker attributes based on distance and approach; alarm level 1 and alarm level 1 ¶ 485), and
the control unit is configured to: resume outputting the alarm sound when the alarm level is the first alarm level and a third instruction is received; and maintain stopping the alarm sound when the alarm level is the second alarm level and the third instruction is received (S110C, S112C; FIG. 32).
Regarding claim 5, Kiyota discloses the display device, wherein the screen including information related to the error includes a selection item display area (Marker MK10 of worker W10B, FIG. 26A), and
the control unit is configured to display, in the selection item display area, a selection item corresponding to the first instruction based on the alarm information (FIGS. 15-16).
Regarding claim 6, Kiyota discloses the display device, wherein the selection item includes an alarm mark image indicating that the error is occurring (FIG. 27).
Regarding claim 7, Kiyota discloses the display device, wherein the alarm information includes an alarm level including a first alarm level and a second alarm level,
the alarm mark image includes a first alarm mark image corresponding to the first alarm level and a second alarm mark image corresponding to the second alarm level, and
the control unit is configured to display one of the first alarm mark image and the second alarm mark image in accordance with the alarm level (Color and Blinking marker attributes based on distance and approach; alarm level 1 and alarm level 1 ¶ 485).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sugiura et al. (Pub. No.: US 2016/0010313 A1) teaches an abnormality detection means for detecting abnormality of an apparatus installed on the construction machine; an abnormality information output means for outputting abnormality information about the apparatus detected by the abnormality detection means in an ordinary mode, and negating or avoiding outputting the abnormality information about the apparatus detected by the abnormality detection means in a maintenance mode.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER J LEE whose telephone number is (571)272-9727. The examiner can normally be reached M-F 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached at 571-272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYLER J LEE/Primary Examiner, Art Unit 3663
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