www.uspto.gov
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/794,983
`
`07/25/2022
`
`Martin Warwick BEALE
`
`18802US01
`
`7277
`
`Xsensts
`
`/Sony
`
`ees
`
`Xsensus / Sony
`100 Daingerfield Road, Suite 402
`Alexandria, VA 22314
`
`CHO, HONG SOL
`
`PAPER NUMBER
`
`ART UNIT
`
`2467
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/12/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`Xdocket @ XSensus.com
`
`Xsensuspat@ XSensus.com
`anaquadocketing @ Xsensus.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`171794 ,983
`Examiner
`Hong S Cho
`
`Applicant(s)
`BEALE etal.
`Art Unit
`2467
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1)C) Responsive to communication(s) filed on
`CA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)() Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-17,20-21 and 37 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C) Claim(s)__is/are allowed.
`Claim(s) 1-5,20-21 and 37 is/are rejected.
`Claim(s) 6-17 is/are objectedto.
`4 Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 07/25/2022 is/are: a)[¥) accepted or b)(-) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`—_c)LJ None ofthe:
`b)LJ Some**
`a)¥) All
`1.{¥) Certified copies of the priority documents have been received.
`2.1 Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20241106
`
`

`

`Application/Control Number: 17/794,983
`Art Unit: 2467
`
`Page 2
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`Notice ofPre-AIA or AIA Status
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`1.
`
`The presentapplication, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AIA.
`
`DETAILED ACTION
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`Double Patenting
`
`2.
`
`The nonstatutory double patenting rejection is based on a judicially created doctrine
`
`groundedin 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 obviousness-
`
`type double patenting rejection is appropriate where the conflicting claims are not
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`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 obviousover, the reference claim(s). See, e.g., Jn 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); and Jn 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
`overcomeanactualor provisionalrejection based ona nonstatutory double patenting groundprovided the
`conflicting applicationorpatenteither is shown to be commonly owned with this application, orclaims an
`invention made asa result of activities undertaken within the scope of a jointresearch agreement.
`
`

`

`Application/Control Number: 17/794,983
`Art Unit: 2467
`
`Page 3
`
`Effective January 1, 1994, a registered attorney oragent ofrecord may sign a terminaldisclaimer.
`A terminaldisclaimersigned by the assignee must fully comply with 37 CFR 3.73(b).
`
`3.
`
`Claims 1-5, 20, 21 and 37 are rejected on the ground of nonstatutory obviousness-type
`
`double patenting as being unpatentable overclaims 13-16 of copending application
`
`17/795,549. This is a provisional obviousness-type double patenting rejection because
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`the conflicting claims have notin fact been patented. Although the conflicting claimsare
`
`not identical, they are not patentably distinct from each other because:
`
`Claims 13-16 of 17/795,549 contain every elements of claims 1-5 and 20 of the
`
`instant application andthus anticipate the claimsofthe instant application.
`
`Claim 21 differs from claim 14 of 17/795,549 in statutory category. Such a changeis
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`deemed obvious to one having ordinary skill in the art at the time the invention was made
`
`to provide obvious variants in statutory category.
`
`Claim 37 differs from claim 14 of 17/795,549 in statutory category and present claim is
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`directed to a methodof operating a transmitting device while claim 14 of 17/795 549 is
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`directed to a receiving device. Such a change is deemed obviousto one having ordinary
`
`skill in the art at the time the invention was madeto provide obvious variants in statutory
`
`category.
`
`Allowable Subject Matter
`
`4.
`
`Claims 6-17 are objected to as being dependent upona rejected base claim, but would be
`
`allowable if rewritten in independent form includingall of the limitations of the base
`
`

`

`Application/Control Number: 17/794,983
`Art Unit: 2467
`
`Page 4
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`claim and any intervening claims to overcomethe rejection(s) under Double Patenting,
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`set forth in this Office action.
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`5.
`
`Any inquiry concerning this communication or earlier communications from the
`
`Conclusion
`
`examiner should be directed to Hong Cho whose telephone numberis 57 | -272-3087.
`
`The examiner can normally be reached on Mon-Fri during 8 am to 4 pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Hassan Phillips can be reached on 571-272-3940. The fax phone numberfor
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`the organization wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR. Status
`
`information for unpublished applications is available through Private PAIR only. For
`
`more information about the PAIR system,see http://pair-direct.uspto.gov. Should you
`
`have questions on access to the Private PAIR system, contact the Electronic Business
`
`Center (EBC) at 866-217-9197 (toll-free).
`
`/HONG S CHO/
`
`Primary Examiner, Art Unit 2467
`
`