DETAILED ACTION
Status of Application
This action is a Final Rejection. This action is in response to the amendment and response filed on January 23, 2026.
Claims 1, 7, 8, 13, and 14 have been amended.
Claims 3, 10, and 16 have been canceled.
Claims 21-23 have been added.
Claims 1, 2, 4-9, 11-15, and 17-23 are pending and rejected.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 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.
Response to Arguments
Regarding the rejection under 35 U.S.C. §103, Applicant’s arguments are moot in light of the new ground of rejection that was necessitated by Applicant’s amendments.
Regarding the double patenting rejection, the rejection has been maintained but will be reviewed if any of the claims are determined to be allowable.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 4-9, 11-15, and 17-23 are rejected under 35 U.S.C. 103 as being unpatentable over Giurgiu, U.S. Patent Application Publication No. 2019/0051153 A1 (embodiment 1); Giurgiu, U.S. Patent Application Publication No. 2019/0051153 A1 (embodiment 2); Kursar et al., U.S. Patent Application Publication Number 2021/0304137 A1; and Banerjee et al., U.S. Patent Application Publication Number 2018/0253424 A1.
Claim 1:
Giurgiu (embodiment 1) teaches:
receive, by the map update apparatus, sensing information from a sensor of a first terminal device, wherein the sensing information indicates data collected by the sensor, and the first terminal device comprises the map update apparatus and the sensor (see at least Giurgiu embodiment 1, Figure 1; Figure 14 (mobile device); paragraph 0005; paragraph 0022 (“A connected vehicle includes a communication device and an environment sensor array. The connected vehicle may include an integrated communication device coupled with an in-dash navigation system. The connected vehicle may include an ad-hoc communication device such as a mobile device or smartphone in communication with a vehicle system. The communication device connects the vehicle to a network including at least one other vehicle and at least one server. The network may be the Internet or connected to the Internet.”); paragraph 0031 (“FIG. 1 illustrates an example system 120 for map updates. In FIG. 1, one or more mobile device 122 include probes 131 and are connected to the server 125 though the network 127. A database 123, including the server map, is also connected to the server 125. The database 123 and the server 125 make up a developer system 121. Multiple mobile devices 122 are connected to the server 125 through the network 127. The mobile devices 122 may serve as probes 131 or be coupled with probes 131. The mobile devices 122 include databases 133 corresponding to the vehicle maps. Additional, different, or fewer components may be included.”)).
send, by the map update apparatus, first information to the cloud device based on the sensing information received from the sensor and the second information received from the cloud device, wherein the first information comprises first indication information, and the first indication information indicates a first location of the map element and a second change of the map element on the map (see at least Giurgiu embodiment 1, Abstract; paragraph 0004 (“In an embodiment, a method for updating a geographic database includes determining an initial value set for an existence probability that a road object exists; receiving observation data based on sensors of a plurality of vehicles. A first quantity of the plurality of vehicles observed a presence of the road object, and a second quantity of the plurality of vehicles observed an absence of the road object. The method further includes calculating, using a processor, a presence probability based on the first quantity of the plurality of vehicles, the presence probability indicative of a likelihood that observation data from the first quantity of the plurality of vehicles accurately describe the road object, calculating, using the processor, an absence probability based on the second quantity of the plurality of vehicles, the absence probability indicative of a likelihood that observation data from the second quantity of the plurality vehicles accurately describe the absence of the road object, calculating, using the processor, an updated value for the existence probability that the road object exists based on the initial value set, the presence probability, and the absence probability, performing, using the processor, a comparison of the updated value for the existence probability to a threshold confidence level, and updating the geographic database as a function of the comparison of the updated value for the existence probability to the threshold confidence level.”); paragraph 0041 (“Referring to FIG. 1, at act S101, the mobile device 122 may receive the observation data from the probe 131 or the server 125 may receive the observation data from the mobile device 122 or multiple vehicles. The server 125 may receive the observation data collected by probes of multiple vehicles over time. Some of the vehicles may detect the presence of a road object at a particular location and other vehicles may not detect, or detect the absence of, the road object at the particular location. In one embodiment the sensor data collected by the probes 131 of the mobile device 122 is forwarded to a manufacturer server or manufacturer cloud service. The manufacturer cloud service may process the sensor data for a fleet of vehicles or a particular manufacturer, including filtering some proprietary data out of the sensor data, standardizing the data set for further analysis by the server 125, or selecting on the sensor data used for detecting road objects. Multiple manufacturers may forward aggregated and pre-processed sensor data from multiple fleets of vehicles to the server 125.”); paragraph 0118 (“The controller 200 and/or processor 300 may include a general processor, digital signal processor, an application specific integrated circuit (ASIC), field programmable gate array (FPGA), analog circuit, digital circuit, combinations thereof, or other now known or later developed processor. The controller 200 and/or processor 800 may be a single device or combinations of devices, such as associated with a network, distributed processing, or cloud computing.”)).
Giurgiu (embodiment 1) does not explicitly teach:
receive, by the map update apparatus, second information from a cloud device, wherein the cloud device communicates with a plurality of terminal devices including the first terminal device, the second information comprises second indication information, and the second indication information indicates a second location of a map element and a first change of the map element on a map reported by a second terminal device to the cloud device.
Giurgiu (embodiment 2), however, teaches:
The server collects map data that is collected from vehicles. See at least Giurgiu embodiment 2, Figure 1; Figure 2; paragraph 0041 (“Referring to FIG. 1, at act S101, the mobile device 122 may receive the observation data from the probe 131 or the server 125 may receive the observation data from the mobile device 122 or multiple vehicles. The server 125 may receive the observation data collected by probes of multiple vehicles over time. Some of the vehicles may detect the presence of a road object at a particular location and other vehicles may not detect, or detect the absence of, the road object at the particular location. In one embodiment the sensor data collected by the probes 131 of the mobile device 122 is forwarded to a manufacturer server or manufacturer cloud service. The manufacturer cloud service may process the sensor data for a fleet of vehicles or a particular manufacturer, including filtering some proprietary data out of the sensor data, standardizing the data set for further analysis by the server 125, or selecting on the sensor data used for detecting road objects. Multiple manufacturers may forward aggregated and pre-processed sensor data from multiple fleets of vehicles to the server 125.”).
Kursar, however, teaches:
Crowdsourced drivers and vehicles share map update data via a cloud server. See at least Kursar, paragraph 0035 (cloud server, cloud-based computing device, servers); paragraph 0094 (“The embodiments described herein not only use crowdsourced drivers and vehicles (e.g., participants) but also uses crowdsourced data collections between connected vehicles and a networked system to manage the collection and storage of real-time traffic data and map updates, historical data including trip history, and participant profiles, feedback, and performance ratings that include predictability and reliability metrics, as discussed further below.”); paragraph 0095 (“The mobile hubs may also continuously monitor traffic and environmental conditions and update the network and mapping data to be used by other connected vehicles and to recalculate optimal handoff locations and handoff times as needed.”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate this feature with Giurgiu’s invention for updating maps and road status. One of ordinary skill in the art would have been motivated to incorporate this feature for the purpose of sharing information that will be useful to drivers for both safety and time efficiency purposes.
Giurgiu (embodiment 1) does not explicitly teach, but Banerjee, however, teaches:
and a distance between the second location and the first location is less than or equal to a distance threshold (see at least Banerjee, paragraph 0072; paragraph 0075 (“In the event that the level of change 516 is below the threshold 134 (e.g., indicative of a lower level of change or no change has occurred) the computing device(s) 106 may cease providing a command control to adjust the acquisition of imagery data associated with the geographic area 204. In some implementations, if the level of change 516 is low, the computing device(s) 106 can provide a control command to the image acquisition system 104 to decrease the acquisition of imagery data associated with the geographic area 204. This can allow the computing system 102 and/or the image acquisition system 104 to prevent its computational resources from being used on areas experiencing lower levels of change, that do not need refreshing (e.g., based on current imagery). The image acquisition system 104 can receive the control command and can adjust imagery acquisition accordingly (e.g., to increase, decrease acquisition via the image-capturing platform(s)).”)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Banerjee’s method of sending a control command to the image acquisition system when the level of change is below a threshold with Giurgiu’s invention for updating maps and road status. One of ordinary skill in the art would have been motivated to incorporate this feature for the purpose of “prevent[ing] computational resources from being used on areas experiencing lower levels of change, that do not need refreshing (e.g., based on current imagery).” See Banerjee, paragraph 0075.
Claim 2:
Giurgiu (embodiment 1) further teaches:
wherein the second information comprises second confidence information, the second confidence information indicates a second confidence of the second indication information, and the instructions are for execution by the at least one processor to: send the first information to the cloud device when a first confidence of the first indication information is greater than the second confidence (see at least Giurgiu, Figure 2, paragraphs 0041-0056 (The confidence level of the existence of road objects or the absence of road objects is determined. Paragraph 0051 discloses removing road furniture from the geographic database once the existence probability falls below the removal confidence threshold.)).
Claim 4:
Giurgiu (embodiment 1) further teaches:
wherein the first information comprises first confidence information, and the first confidence information indicates a first confidence of the first indication information (see at least Giurgiu, Figure 2, paragraphs 0041-0056 (The confidence level of the existence of road objects or the absence of road objects is determined. Paragraph 0051 discloses removing road furniture from the geographic database once the existence probability falls below the removal confidence threshold.)).
Claim 5:
Giurgiu (embodiment 1) further teaches:
wherein when a first confidence of the first indication information is greater than or equal to a first preset confidence threshold, the first information comprises first acknowledgment information, and the first acknowledgment information indicates that the first indication information is reliable (see at least Giurgiu, Figure 2, paragraphs 0041-0056 (The confidence level of the existence of road objects or the absence of road objects is determined. Paragraph 0051 discloses removing road furniture from the geographic database once the existence probability falls below the removal confidence threshold.)).
Claim 6:
Giurgiu (embodiment 1) further teaches:
when a first confidence of the first indication information is less than a second preset confidence threshold, send the first indication information and first confidence information to a roadside unit, wherein the first confidence information indicates the first confidence (see at least Giurgiu, paragraph 0026 (The server pushes updates from the server map to the vehicle map either integrated in the vehicle or a mobile device of a traveler of the connected vehicle.)).
Claim 7:
Giurgiu (embodiment 1) further teaches:
wherein the first indication information comprises first location information, and the first location information indicates the first location of the map element, or the first location information indicates the first location and a confidence radius with the first location as a center (see at least Giurgiu, paragraph 0025 (The server may include location names and points of interest at location along a road segment); paragraph 0029 (The map is not immediately updated when road furniture is detected; a probability (confidence level) is calculated for the road furniture. When the probability surpasses or falls below a confidence threshold, the map is updated.)).
Claim 8:
Giurgiu (embodiment 1) teaches:
send, by the map update apparatus of the [cloud] device, the second information to a first terminal device, wherein the cloud device communicates with a plurality of terminal devices including the first terminal device and the second terminal device (see at least Giurgiu embodiment 1, Figure 1; Figure 14 (mobile device); paragraph 0005; paragraph 0022 (“A connected vehicle includes a communication device and an environment sensor array. The connected vehicle may include an integrated communication device coupled with an in-dash navigation system. The connected vehicle may include an ad-hoc communication device such as a mobile device or smartphone in communication with a vehicle system. The communication device connects the vehicle to a network including at least one other vehicle and at least one server. The network may be the Internet or connected to the Internet.”); paragraph 0025; 0031 (“FIG. 1 illustrates an example system 120 for map updates. In FIG. 1, one or more mobile device 122 include probes 131 and are connected to the server 125 though the network 127. A database 123, including the server map, is also connected to the server 125. The database 123 and the server 125 make up a developer system 121. Multiple mobile devices 122 are connected to the server 125 through the network 127. The mobile devices 122 may serve as probes 131 or be coupled with probes 131. The mobile devices 122 include databases 133 corresponding to the vehicle maps. Additional, different, or fewer components may be included.”); paragraph 0042).
receive, by the map update apparatus of the cloud device, first information from the first terminal device, wherein the first information comprises first indication information, the first indication information indicates a first location of the map element and a first change of the map element on the map (see at least Giurgiu embodiment 1, Abstract; paragraph 0004; paragraph 0041 (“Referring to FIG. 1, at act S101, the mobile device 122 may receive the observation data from the probe 131 or the server 125 may receive the observation data from the mobile device 122 or multiple vehicles. The server 125 may receive the observation data collected by probes of multiple vehicles over time. Some of the vehicles may detect the presence of a road object at a particular location and other vehicles may not detect, or detect the absence of, the road object at the particular location. In one embodiment the sensor data collected by the probes 131 of the mobile device 122 is forwarded to a manufacturer server or manufacturer cloud service. The manufacturer cloud service may process the sensor data for a fleet of vehicles or a particular manufacturer, including filtering some proprietary data out of the sensor data, standardizing the data set for further analysis by the server 125, or selecting on the sensor data used for detecting road objects. Multiple manufacturers may forward aggregated and pre-processed sensor data from multiple fleets of vehicles to the server 125.”); paragraph 0049 (“At act S104, the mobile device 122 or the server 125 calculates an existence probability that the road object exists based on the initial value set, the presence probability, and the absence probability. Through each iteration, an updated value for the existence probability is calculated.”); paragraph 0118).
update, by the map update apparatus of the cloud device, the map based on the first information (see at least Giurgiu embodiment 1, paragraph 0026 (“The connected vehicle, which may be either integrated in the vehicle or a mobile device of a traveler of the connected vehicle, includes a vehicle map, which is in a format (e.g., schema and values) similar to the server map. The server pushes updates from the server map to the vehicle map. Alternatively, the vehicle may request updates from the server. In either situation, the updates may be made on a predetermined schedule or at a predetermined interval. The predetermined time schedule may dictate that updates occur at certain times during the day (e.g., on the hour, the half hour, or every X minutes past the hour). The predetermined interval may cyclically repeat (e.g., every X minutes).”)).
Giurgiu (embodiment 1) does not explicitly teach:
cloud.
obtain, by the map update apparatus of the cloud device, second information, wherein the second information comprises second indication information, and the second indication information indicates a second location of a map element and a second change of the map element on a map reported by a second terminal device to the cloud device.
Giurgiu (embodiment 2), however, teaches:
The server collects map data that is collected from vehicles. See at least Giurgiu embodiment 2, Figure 1; Figure 2; paragraph 0041 (“Referring to FIG. 1, at act S101, the mobile device 122 may receive the observation data from the probe 131 or the server 125 may receive the observation data from the mobile device 122 or multiple vehicles. The server 125 may receive the observation data collected by probes of multiple vehicles over time. Some of the vehicles may detect the presence of a road object at a particular location and other vehicles may not detect, or detect the absence of, the road object at the particular location. In one embodiment the sensor data collected by the probes 131 of the mobile device 122 is forwarded to a manufacturer server or manufacturer cloud service. The manufacturer cloud service may process the sensor data for a fleet of vehicles or a particular manufacturer, including filtering some proprietary data out of the sensor data, standardizing the data set for further analysis by the server 125, or selecting on the sensor data used for detecting road objects. Multiple manufacturers may forward aggregated and pre-processed sensor data from multiple fleets of vehicles to the server 125.”).
Kursar, however, teaches:
Crowdsourced drivers and vehicles share map update data via a cloud server. See at least Kursar, paragraph 0035 (cloud server, cloud-based computing device, servers); paragraph 0094 (“The embodiments described herein not only use crowdsourced drivers and vehicles (e.g., participants) but also uses crowdsourced data collections between connected vehicles and a networked system to manage the collection and storage of real-time traffic data and map updates, historical data including trip history, and participant profiles, feedback, and performance ratings that include predictability and reliability metrics, as discussed further below.”); paragraph 0095 (“The mobile hubs may also continuously monitor traffic and environmental conditions and update the network and mapping data to be used by other connected vehicles and to recalculate optimal handoff locations and handoff times as needed.”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate this feature with Giurgiu’s invention for updating maps and road status. One of ordinary skill in the art would have been motivated to incorporate this feature for the purpose of sharing information that will be useful to drivers for both safety and time efficiency purposes.
Giurgiu (embodiment 1) does not explicitly teach, but Banerjee, however, teaches:
and a distance between the second location and the first location is less than or equal to a distance threshold (see at least Banerjee, paragraph 0072; paragraph 0075 (“In the event that the level of change 516 is below the threshold 134 (e.g., indicative of a lower level of change or no change has occurred) the computing device(s) 106 may cease providing a command control to adjust the acquisition of imagery data associated with the geographic area 204. In some implementations, if the level of change 516 is low, the computing device(s) 106 can provide a control command to the image acquisition system 104 to decrease the acquisition of imagery data associated with the geographic area 204. This can allow the computing system 102 and/or the image acquisition system 104 to prevent its computational resources from being used on areas experiencing lower levels of change, that do not need refreshing (e.g., based on current imagery). The image acquisition system 104 can receive the control command and can adjust imagery acquisition accordingly (e.g., to increase, decrease acquisition via the image-capturing platform(s)).”)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Banerjee’s method of sending a control command to the image acquisition system when the level of change is below a threshold with Giurgiu’s invention for updating maps and road status. One of ordinary skill in the art would have been motivated to incorporate this feature for the purpose of “prevent[ing] computational resources from being used on areas experiencing lower levels of change, that do not need refreshing (e.g., based on current imagery).” See Banerjee, paragraph 0075.
Claim 9:
Giurgiu (embodiment 1) further teaches:
wherein the second information comprises second confidence information indicating a second confidence of the second indication information, and a first confidence of the first indication information is greater than the second confidence (see at least Giurgiu, paragraph 0029 (The server updates the map when the probability (confidence level) surpasses or falls below a confidence threshold)).
Claim 11:
Giurgiu (embodiment 1) further teaches:
wherein the first information comprises first confidence information indicating a first confidence of the first indication information (see at least Giurgiu, Abstract; paragraph 0004 (The observation data collected from the vehicle sensors includes the probability (confidence level) of the existence and absence of road objects.)).
Claim 12:
Giurgiu (embodiment 1) further teaches:
wherein when a first confidence of the first indication information is greater than or equal to a first preset confidence threshold, the first information comprises first acknowledgment information indicating that the first indication information is reliable (see at least Giurgiu, paragraph 0027; paragraph 0028; paragraph 0030 (Limiting map updates distributed by the server become more reliable and efficient using crowdsourcing efforts using the embodiments as shown in paragraphs 0031 and 0032); paragraph 0031; paragraph 0032).
Claim 13:
Giurgiu (embodiment 1) further teaches:
wherein the first indication information comprises first location information, and the first location information indicates the first location of the map element, or the first location information indicates the first location and a confidence radius with the first location as a center (see at least Giurgiu, Figure 2; paragraph 0028 (transferring from the vehicle the location of detected road furniture); paragraph 0029 (The server updates the map when the probability (confidence level) surpasses or falls below a confidence threshold.); paragraph 0049 (At act S104 the mobile device 122 or server 125 calculates an existence probability that the road object exists based on the initial value set, the presence probability, and the absence probability.)).
Claim 14:
Claim 14 is rejected using the same rationale that was used for the rejection of claim 1.
Claim 15:
Claim 15 is rejected using the same rationale that was used for the rejection of claim 2.
Claim 17:
Claim 17 is rejected using the same rationale that was used for the rejection of claim 4.
Claim 18:
Claim 18 is rejected using the same rationale that was used for the rejection of claim 5.
Claim 19:
Claim 19 is rejected using the same rationale that was used for the rejection of claim 6.
Claim 20:
Claim 20 is rejected using the same rationale that was used for the rejection of claim 7.
Claim 21:
Giurgiu (embodiment 1) does not explicitly teach, but Banerjee, however, teaches:
wherein sending the first information to the cloud device based on the sensing information received from the sensor and the second information received from the cloud device comprises: sending the first information to the cloud device when the distance between the second location and the first location is less than or equal to the distance threshold (see at least Banerjee, paragraph 0072; paragraph 0075 (“In the event that the level of change 516 is below the threshold 134 (e.g., indicative of a lower level of change or no change has occurred) the computing device(s) 106 may cease providing a command control to adjust the acquisition of imagery data associated with the geographic area 204. In some implementations, if the level of change 516 is low, the computing device(s) 106 can provide a control command to the image acquisition system 104 to decrease the acquisition of imagery data associated with the geographic area 204. This can allow the computing system 102 and/or the image acquisition system 104 to prevent its computational resources from being used on areas experiencing lower levels of change, that do not need refreshing (e.g., based on current imagery). The image acquisition system 104 can receive the control command and can adjust imagery acquisition accordingly (e.g., to increase, decrease acquisition via the image-capturing platform(s)).”)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Banerjee’s method of sending a control command to the image acquisition system when the level of change is below a threshold with Giurgiu’s invention for updating maps and road status. One of ordinary skill in the art would have been motivated to incorporate this feature for the purpose of “prevent[ing] computational resources from being used on areas experiencing lower levels of change, that do not need refreshing (e.g., based on current imagery).” See Banerjee, paragraph 0075.
Claim 22:
Claim 22 is rejected using the same rationale that was used for the rejection of claim 21.
Claim 23:
Claim 23 is rejected using the same rationale that was used for the rejection of claim 21.
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 1, 2, 4-9, 11-15, and 17-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patenst No. 12,287,772 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to a map updating apparatus based on information received from a vehicle. To overcome this rejection, Applicant should file a Terminal Disclaimer or amend the claims. Upon double patenting being the only remaining rejection in this application, Examiner will review and update it, as appropriate, in light of the pending claims.
Relevant Prior Art
The following references are relevant to Applicant’s invention:
Shashua et al., U.S. Patent Number 11,392,123 B2. This reference teaches crowd sourcing data for autonomous vehicle navigation.
Seick, U.S. Patent Application Publication Number 2004/0107042 A1. This reference teaches road hazard data collection.
Email Communications
Per MPEP 502.03, Applicant may authorize email communications by filing Form PTO/SB/439, available at https://www.uspto.gov/sites/default/files/documents/sb0439.pdf, via the USPTO patent electronic filing system.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH H ROSEN whose telephone number is (571) 270-1850 and email address is elizabeth.rosen@uspto.gov. The examiner can normally be reached Monday - Friday, 10 AM ET - 7 PM ET.
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/ELIZABETH H ROSEN/Primary Examiner, 3693