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 § 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 1-4, 8, 9-12 and 16-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over combination of claims 1-7 of U.S. Patent No. 11,801,866. Although the claims at issue are not identical, they are not patentably distinct from each other because the combination of claims 1-7 of ‘866 contain claimed subject matter and obvious modification thereof per instant claims. For example, the claims from ‘866 contains: steering control and torque vectoring control for ego vehicle based on lateral offset and desired yaw moment; generating weights for the steering and torque vectoring controls; determining how to apply the steering and torque vectoring controls corresponding to the weights; the weights are based on lateral acceleration.
Claim 5-7, 13-15 and 20-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of Kim et al. U.S. Patent No. 11,801,866 in view of of Kim et al. US Patent No. 11,845,422.
Regards to claims 5, 13 and 20 - Combination of claims 1-7 of ‘866 does not explicitly disclose determining desired longitudinal force and applying torque vectoring based on longitudinal force changes.
Kim ‘422 and claim 5 teaches determining desired longitudinal force and applying torque vectoring based on longitudinal force changes.
It would have been obvious for one of ordinary skill in the art at the time of filing to modify claims 1-7 of Kim ‘866 with the teaching of claim 5 from Kim ‘422 so that torque vectoring control could be implemented for longitudinal force changes.
Regards to claims 6, 7, 14, 15, 21 and 22 - Combination of claims 1-7 of Kim‘866 does not explicitly disclose torque vectoring is selected based on different energy efficiencies and create torque vectoring by driving motors differently.
Kim ‘422 and claims 6 and 7 teach the identified limitations.
It would have been obvious for one of ordinary skill in the art at the time of filing to modify claims 1-7 of Kim ‘866 with the teaching of claims 6 and 7 from Kim ‘422 to accommodate for energy efficient torque vectoring selection and to create torque vectoring via motor means.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Supervisory Patent Examiner KHOI H TRAN whose telephone number is (571)272-6919. The Supervisory Examiner can normally be reached Mon-Thurs 7:00 AM to 5:30 PM.
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/KHOI H TRAN/ Supervisory Patent Examiner, Art Unit 3656