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 .
This is the Final Office Action in response to the Amendment filed on May 22, 2026 for Application No. 18/387,995 filed on November 08, 2023, titled: “Interactive Dashboard Display”.
Status of the Claims
Claims 2-21 were pending. By the 05/22/2026 Response, no claim has been amended, cancelled, or added. Claim 1 was previously cancelled by the 01/29/2024 Amendment. Accordingly, claims 2-21 are pending in this application and have been examined.
Priority
This Application is a CON of U.S. Application No. 17/099,028 filed on 11/16/2020 (Patented No. 11,948,199) which is a CON of U.S. Application No. 15/262,541 filed on 09/12/2016 (Patent No. 10,846,799) which is a CIP of U.S. Application No. 15/170,203 filed on 06/01/2016 (Patented No. 9,569,799) and a CIP of U.S. Application No. 15/138,576 filed on 04/26/2016 (Patent No. 10,861,100). Also, U.S. Application No. 15/170,203 is a CON of U.S. Application No. 14/607,636 filed on 01/28/2015 (Patent No. 9,390,452) and U.S. Application No. 15/138,576 is a CON of U.S. Application No. 14/607 filed on 01/28/2015 (Patented No. 9,390,452).
For the purpose of examination, the 01/28/2015 is considered to be the effective filing date.
Claim Objections
Claim 19 is objected to because of the following informalities:
The step in the claim recites “indicating, via a user interface of a computing device within the vehicle and in real- time, a driving performance metric and the identified one or more driving behaviors associated with the operation of the vehicle during the driving trip, wherein the driving performance metric is updated on the user interface responsive to changes in the sensor data changes during the driving trip;” the word “a” should be “the”.
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.
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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,948,199 and claims 1-20 of U.S. Patent No. 10,846,799. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application recite substantially the same limitations as the claims of the patents with minor variations that would have been obvious to one of ordinary skills in the art. Also, both the application and patents are directed to the same invention of interactive dashboard display, have the same inventors, and are commonly owned. Therefore, this rejection is deemed necessary.
Response to Arguments
Double Patenting
In view of Applicant’s 05/22/2026 comments, the double patenting rejection is MAINTAINED.
Claim Objections
In view of Applicant’s 05/22/2026 comments, the previous claim objection is withdrawn.
Claim Rejections - 35 USC § 101
In view of Applicant’s 05/22/2026 comments, the 101 rejection is withdrawn.
Claim Rejections - 35 USC § 103
An updated prior art search did not identify any art, individually or in combination with others, that teaches each and every element of the claims at this time.
Conclusion
Claims 2-21 are rejected.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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HAI TRAN
Primary Examiner
Art Unit 3695
/HAI TRAN/Primary Examiner, Art Unit 3695
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