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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4-7, 12, 16 and 22 of U.S. Patent No. 12425673 Although the claims at issue are not identical, they are not patentably distinct from each other because independent the limitations of claim 1 7 and 19 of the current application are included in claims 1, 8 and 17of the U.S. Patent No. 12425673 with obvious wording variations.
As an example, claim 1 of the current application are compared with claim 1 of U.S. Patent No. 12425673 in the following table:
Claim 1 of the current application
Claim 1 of U.S. Patent No. 12425673
1. A method comprising:
receiving, by a control device, an instruction;
activating, based on the instruction, a function of the control device;
detecting, by a sensor of the control device, a response to a result of the function,
wherein the response to the result of the function is used to determine a location of the control device; and
causing, based on detecting the response to the result of the function, the determination of the location of the control device.
.
1. A method comprising:
receiving, by a control device, an instruction to determine location information associated with the control device;
activating, based on the instruction, a function of the control device;
detecting, by a sensor of the control device, a response to a result of the function,
wherein the response to the result of the function is used to determine the
location information for the control device;
determining, by the control device and based on the response to the result of the
function, a sensing signature;
determining, based on the sensing signature, the location information; and
causing output of an indication of the location information.
As disclosed above, claim 1 of the current application is broader version of claim 1 (also claims 8 and 17) of U.S. Patent No. 12425673 with obvious wording variations.
For similar reasons disclosed above, independent claims 7 and 19 of the current application is broader version of independent claims 1, 8 and 17 of U.S. Patent No. 12425673 with obvious wording variations.
Claims 7, 16 and 22 of U.S. Patent No. 12425673 further includes the limitations of claims 2, 8, 14 and 20 of the current application with obvious wording variations.
Claim 6 of U.S. Patent No. 12425673 further includes the limitations of claims 3, 9, 15 and 21 of the current application with obvious wording variations.
Claim 5 of U.S. Patent No. 12425673 further includes the limitations of claims 4, 10, 16 and 22 of the current application with obvious wording variations.
Claim 4 of U.S. Patent No. 12425673 further includes the limitations of claims 5, 11, 17 and 23 of the current application with obvious wording variations.
Claims 2 and 12 of U.S. Patent No. 12425673 further includes the limitations of claims 6, 12, 18 and 24 of the current application with obvious wording variations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMIRA MONSHI whose telephone number is (571)272-0995. The examiner can normally be reached 8 AM-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John W Miller can be reached at 5712727353. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMIRA MONSHI/Primary Examiner, Art Unit 2422
