DETAILED ACTION
Summary
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a first Office Action on the merits.
Claims 1-20 are currently pending.
Claim Objections
Claims 1, 8, and 14 are objected to because of the following informalities:
In claim 1, line 18, please amend “signalling” to recite “signaling”;
In claim 8, line 19, please amend “signalling” to recite “signaling”;
In claim 14, line 16, please amend “signalling” to recite “signaling”;
Applicant is advised that should claims 1-7 be found allowable, claims 14-20 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Appropriate correction is required.
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.
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Claims 1-8 and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,423,540 in view of MEHTA et al, US 2022/0172599.
Regarding independent claims 1 and 14:
Claim 1 of the patent includes recitation of each of the limitations recited in the instant application, which minor changes to phrasing, except for the following difference:
Claims 1 and 14 of the instant application recite “transmitting an electronic signal from the signaling device to a second electronic device” whereas claim 1 of the patent recites “transmitting an electronic signal from the first electronic device to a second electronic device”.
MEHTA teaches a method for sending signals during an emergency event, comprising the steps of: b) receiving input at a signaling device (i.e., mobile phone or wearable device 1002), wherein the signaling device can be hidden from view [0097]-[0099] [Figure 10]; c) receiving input at a first electronic device from the signaling device; and after step (i.e., one of communication devices 1006, 10036, 10046) [0097]-[0099] [Figure 10] c), transmitting an electronic signal from the signaling device to a second electronic device [0099] [Figure 10].
It would have been obvious to one of ordinary skill in the art for the signaling device to send an electronic signal to the second electronic device. Transmitting an electric signal to the second electronic device from the signaling device, rather than from the first electronic device, is merely an alternative pathway for the signal to reach the second electronic device.
Claims 2-7 and 15-20 of the instant application similarly correspond to claims 1-7 of the patent.
Claims 8-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,423,540 in view of MEHTA et al, US 2022/0172599 and SOMMERLATT, US 10,762769.
Regarding independent claim 8:
Claim 1 of the patent includes recitation of each of the limitations recited in claim 8 of the instant application, which minor changes to phrasing, except for the following differences:
Claim 8 of the instant application recite “transmitting an electronic signal from the signaling device to a second electronic device” whereas claim 1 of the patent recites “transmitting an electronic signal from the first electronic device to a second electronic device”. Claim 1 of the patent further does not recite “the third response comprises signaling a third party to call 911”.
MEHTA teaches a method for sending signals during an emergency event, comprising the steps of: b) receiving input at a signaling device (i.e., mobile phone or wearable device 1002), wherein the signaling device can be hidden from view [0097]-[0099] [Figure 10]; c) receiving input at a first electronic device from the signaling device; and after step (i.e., one of communication devices 1006, 10036, 10046) [0097]-[0099] [Figure 10] c), transmitting an electronic signal from the signaling device to a second electronic device [0099] [Figure 10].
SOMMERLATT teaches a method for sending signals during an emergency event, wherein a first electronic device receives an input from a signaling device to generate a signal to a third party (i.e., neighbor) to call 911 (column 3, lines 5-15; column 4, lines 5-10).
It would have been obvious to one of ordinary skill in the art for the signaling device to send an electronic signal to the second electronic device. Transmitting an electric signal to the second electronic device from the signaling device, rather than from the first electronic device, is merely an alternative pathway for the signal to reach the second electronic device. It would have further been obvious to one of ordinary skill in the art for the third response to comprise signaling a third party to call 911 to provide an additional discrete method of notifying authorities of danger.
Claims 9-13 correspond to of the instant application correspond to claims 2-7 of the patent.
The following chart illustrates limitation correspondence between claim sets.
Instant Application
Claim 1:
A method for identifying and uncovering human trafficking comprising the steps of:
(a) displaying information to be read from a display on a first electronic device at a location;
(b) providing a signaling device, wherein the signaling device is hidden from view;
(c) receiving input at the first electronic device from the signaling device; and
(d) after step (c), transmitting an electronic signal from the signaling device to a second electronic device, wherein the input comprises one of:
singly tapping the signaling device to generate a first response;
doubly tapping the signaling device to generate a second response; and
pressing and holding the signaling device to generate a third response,
wherein the second response comprises signaling that another person is at the location.
Claim 8:
A non-transitory machine-readable storage medium, having encoded thereon program code, wherein, when the program code is executed by a machine, the machine implements a method for identifying and uncovering human trafficking comprising the steps of:
(a) displaying information to be read from a display on a first electronic device at a location;
(b) providing a signaling device, wherein the signaling device is hidden from view;
(c) receiving input at the first electronic device from the signaling device wherein the input comprises one of:
singly tapping the signaling device to generate a first response;
doubly tapping the signaling device to generate a second response; and pressing and holding the signaling device to generate a third response; and
(d) after step (c), transmitting an electronic signal from the signaling device to a second electronic device;
(e) wherein the third response comprises signaling a third party to call 911.
Claim 14:
A method for identifying and uncovering human trafficking comprising the steps of:
(a) displaying information to be read from a display on a first electronic device at a location;
(b) providing a signaling device, wherein the signaling device is hidden from view;
(c) receiving input at the first electronic device from the signaling device; and
(d) after step (c), transmitting an electronic signal from the signaling device to a second electronic device, wherein the input comprises one of:
singly tapping the signaling device to generate a first response;
doubly tapping the signaling device to generate a second response; and pressing and holding the signaling device to generate a third response,
wherein the second response further comprises signaling that another person is at the location.
Patent No. 12,423,540
Claim 1:
A method for identifying and uncovering human trafficking comprising the steps of:
(a) displaying information to be read from a display on a first electronic device at a location;
(b) providing a signaling device;
(c) receiving input at the first electronic device from the signaling device; and
(d) after step (c), transmitting an electronic signal from the first electronic device to a second electronic device, wherein the input comprises one of: singly tapping the signaling device to generate a first response;
doubly tapping the signaling device to generate a second response; and pressing and holding the signaling device to generate a third response, wherein the signaling device comprises a single dedicated alert button fixedly hidden at one of in a drawer, under a nightstand, and in a closet, wherein the second response further comprises signaling that another person is at the location.
Claim 7:
A non-transitory machine-readable storage medium, having encoded thereon program code, wherein, when the program code is executed by a machine, the machine implements a method for identifying and uncovering human trafficking comprising the steps of: (a) displaying information to be read from a display on a first electronic device at a location;
(b) providing a signaling device;
(c) receiving input at the first electronic device from the signaling device wherein the input comprises one of:
singly tapping the signaling device to generate a first response;
doubly tapping the signaling device to generate a second response; and pressing and holding the signaling device to generate a third response; and
(d) after step (c), transmitting an electronic signal from the first electronic device to a second electronic device,
(e) wherein the signaling device comprises a single dedicated alert button fixedly hidden at one of in a drawer, under a nightstand, and in a closet,
(f) wherein the third response comprises signaling a third party to call 911.
Claim 1:
A method for identifying and uncovering human trafficking comprising the steps of:
(a) displaying information to be read from a display on a first electronic device at a location;
(b) providing a signaling device;
(c) receiving input at the first electronic device from the signaling device; and
(d) after step (c), transmitting an electronic signal from the first electronic device to a second electronic device, wherein the input comprises one of: singly tapping the signaling device to generate a first response;
doubly tapping the signaling device to generate a second response; and pressing and holding the signaling device to generate a third response, wherein the signaling device comprises a single dedicated alert button fixedly hidden at one of in a drawer, under a nightstand, and in a closet, wherein the second response further comprises signaling that another person is at the location.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A GUDORF whose telephone number is (571)270-7607. If the Examiner cannot be reached by telephone, she can be reached through the following e-mail address: laura.gudorf@uspto.gov. The examiner can normally be reached on M-F 6:00-4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Lee, can be reached at telephone number (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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/LAURA A GUDORF/Primary Examiner, Art Unit 2876