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 .
Status of the Claims
Claims 1-16 have been examined.
Response to Arguments
Applicant's arguments filed on 03/25/2026 have been fully considered but they are not persuasive. The previously submitted terminal disclaimer was disapproved. Although the Applicant filed an amendment and paid the required fee on March 25, 2026, the record does not include a resubmitted terminal disclaimer correcting the noted deficiencies. Applicant required to resubmit a proper terminal disclaimer that complies with all applicable requirement. The application will not be in condition for allowance until a compliant terminal disclaimer is received and approved.
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 doubles 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-16 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No.11682298B2, since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
In the claim 1 of the application discloses “a method for collecting and measuring real-time traffic data and permitting, among other things, to estimate traffic flow movements from an Origin to a Destination of a road network, comprising the following steps: (a) Provide one or more traffic data collection devices, including but not limited to Internet Protocol (IP) cameras, lidar sensors, infrared IP cameras, GPS-based systems, mobile devices, or any other sensor-based or electronic systems capable of capturing traffic-related data, (b) install said traffic data collection devices at different road section in order to capture images or data of moving vehicles, pedestrians, cyclists, animals or other moving objects at said road sections, (c) Preferably, but not necessarily, synchronize all said traffic data collection devices so that they take series of said images or data during the same approximate laps of time from said road sections, (d) Connect said traffic data collection devices to a Wireless data transmission system in order to transfer said images or data by secure , efficient, and rapid means to a Center of Analysis and Treatment (30), (e) Access and process said images or data at said Center of Analysis and Treatment (30) in order to obtain real-time traffic data and to estimate average traffic flow from said road sections, (f) Process said real-time traffic data collected by said traffic data collection devices at said center of Analysis and Treatment (30) in order to propose intervention scenarios to a Traffic Management Center (34) to enable it to intervene remotely, dynamically, and in real-time on Traffic Light System (48), in order to improve traffic management and mobility, (g) Process said real-time traffic data collected by said traffic data collection devices at said Center of Analysis and Treatment (30) in order to propose intervention scenarios to a Traffic Management Center (34) to enable it to intervene remotely, dynamically, and in real-time on Variable Message Sign (60), (h) Send said real-time traffic data to the cloud and make it securely accessible and in an appropriate format to agencies, cities, public bodies, and others for different uses according to their needs.”, while in the approved claim 1 of the patent discloses “A method for collecting and measuring real-time traffic data and accessing said real-time traffic data by cloud computing comprising the following steps: (a) choose a series of high speed Internet Protocol (IP) geo-referenced cameras, (b) install at least two of high speed Internet Protocol (IP) geo-referenced cameras at portions of the road for taking series of pictures at a high speed frequency of vehicles, pedestrians, cyclists, animals, and objects moving at said portions, (c) synchronize the installed cameras so that they take series of pictures simultaneously every fraction of a second and from different points of view, (d) connect the installed cameras to a 5G network in order to transfer the series pictures fast and secure to a Center of Analysis and Treatment, (e) access and process the series pictures at said Center of Analysis and Treatment in order to obtain real-time traffic data, (f) process the obtained real-time traffic data at said Center of Analysis and Treatment in order to propose intervention scenarios to a Traffic Management Center to enable it to intervene remotely, dynamically and in real-time on Traffic Lights System in order to improve traffic management and mobility, (g) send the obtained real-time traffic data to the cloud computing and make it securely accessible and in the appropriate format to agencies, cities, public bodies and others for different uses according to their needs.”, From this comparison it shows that the present application discloses the similar/same/identical limitations with terminology, both method/system/apparatus claim discloses with broader or same but not narrow means as specially in present claim does not further define the method/system/apparatus while similar/same/identical limitations patented in claim and with the rest limitation of claim 1 is similar/same/identical to the patent claims 1 limitations.
Allowable Subject Matter
Claims 1-16 would be allowable if rewritten or amended or terminal disclaimer to overcome the rejection(s) under Double Patenting, set forth in this office action.
The following is a statement of reasons for the indication of allowable subject matter:
The reason for indicating allowable subject matter over the prior art of record Strong (US20190043201A1) is based on the combination of claims 1-16. Additionally, the indication of allowable subject matter is dependent upon amendments/terminal disclaimer to overcome the above double patenting rejection(s).
Strong discloses a storage device and a processor. The storage device stores a plurality of images captured by a camera. The processor: accesses visual data associated with an image captured by the camera; determines a tile size parameter for partitioning the visual data into a plurality of tiles; partitions the visual data into the plurality of tiles based on the tile size parameter, wherein the plurality of tiles corresponds to a plurality of regions within the image; compresses the plurality of tiles into a plurality of compressed tiles, wherein each tile is compressed independently; generates a tile-based representation of the image, wherein the tile-based representation comprises an array of the plurality of compressed tiles; and stores the tile-based representation of the image on the storage device.
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 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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/SHARDUL D PATEL/Primary Examiner, Art Unit 3664