DETAILED ACTION
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.
Information Disclosure Statements
The Information Disclosure Statements (IDS) filed on 1/17/2025, 1/18/2025, and again on 1/18/2025 have been acknowledged.
Office Note: Only a cursory review over the references was conducted due to the extremely large number of references included on the IDS and further zero rational as to why each reference was included (This part was left blank on ALL the IDS submissions). In view of the large number of references, the Examiner requests the Applicant to point out relevant sections of each listed IDS references to help further prosecution.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Russia on 10/3/20221.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware of, in the specification.
Objection to Abstract
The abstract of the disclosure is objected to because it contains more than 150 words. Applicant is reminded that the Abstract is required to clearly and concisely surmise applicants claimed subject matter in under 150 words. Correction is required. See MPEP § 608.01(b).
Objection to the Drawings
Figures 1-8 are objected to as they use a scheme where numbers are inserted into the drawings/flow charts to represent items instead of the labels which actually make the drawings useless without a key, a legend, or the use of the specification to understand. The drawings submitted with a patent application are supposed to help describe and metes and bounds of a claimed invention and when the meaning of the drawings cannot easily or clearly be derived without a specification or key or legend, the value of the drawings and use is diminished. Proper action is requested.
Title Objections
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Status of Application
Claims 11-30 are pending.
Claims 11-30 have been amended.
Claims 11, 16, 21, and 26 are the independent claims.
This Final Office Action is in response to the “Amendments and Remarks” received on 7/2/2026.
Response to Arguments/Remarks
With respect to Applicant’s remarks filed on 7/02/2026; Applicant's “Amendments and Remarks” have been fully considered. Applicant’s remarks will be addressed in sequential order as they were presented.
With respect to the claim rejections under 35 U.S.C. § 101, applicants “Amendment and Remarks” have been fully considered and were persuasive. Therefore the claim rejections under 35 U.S.C. § 101 have been withdraw.
With respect to the IDS references, there does not appear any such rational in the MPEP that states “since we received these references from other actions (892- References Cited), we must not cite why they are relevant”. In fact, there is a section next to each reference cited on the submitted IDS that has intentionally left blank, by applicant. Thus it appears this is in purpose. Further, even if applicant was correct, that SOME of these references were from previous Office Actions, ALL cited prior arts fail to attributed to their relevance. In fact, it almost appears as if applicant it attempting to hide relevance about know prior arts, which is not allowed. Applicants “Amendment and Remarks” have been fully considered and were not persuasive. The Office again requests the Applicant to point out relevant sections of each listed IDS references to help further prosecution.
With respect to the Objection to the Abstract, applicants “Amendment and Remarks” have been fully considered and were persuasive. Therefore the Abstract Objection has been withdrawn.
With respect to the Objection to the Drawings, applicants “Amendment and Remarks” have been fully considered and were persuasive. Therefore the Drawing Objections has been withdrawn.
With respect to the Objection to the Title, applicants “Amendment and Remarks” have been fully considered and were persuasive. Therefore the Title Objection has been withdrawn.
With respect to the claim rejections under 35 U.S.C. § 112 (b), applicants “Amendment and Remarks” have been fully considered and were persuasive. Therefore the claim rejections under 35 U.S.C. § 112 (b) have been withdrawn.
With respect to the previous claim rejections under 35 U.S.C. § 102 and § 103, applicant has amended the independent claim and these amendments have changed the scope of the original application and the Office has supplied new grounds for rejection attached below in the FINAL office action and therefore the prior arguments are considered moot.
However, since the Office is using the same cited prior art, the Office will address all of applicants remarks that remain relevant.
Applicant remarks “Belapurkar does not disclose all of the elements for which it is proffered. For example, Belapurkar does not disclose "generating a first energy-efficient track for the vehicle in operation, the track comprising a speed profile of the vehicle in operation and its trajectory on a portion of a route." The Office Action cites paragraphs [0053], [0062], and [0087] as disclosing this element. But those paragraphs do not disclose a track comprising a speed profile” and the Office respectfully disagrees.
It remains the Office’s stance that the cited prior art still anticipates the claimed subject matter, as currently presented. Belapurka clearly discloses the claimed subject matter as required. Belapurka is also a system/method for determing a first efficiency for a vehicle, then attempting to join a fleet, which will have a second efficiency. Further Belapurka clearly disclose “the data processing unit is configured to determine an initial range and/or energy efficiency of the first vehicle without joining the fleet and to calculate a new range and/or a new energy efficiency of the first vehicle for different positions of the first vehicle in the fleet.” [Specification, ¶ 0012]. Further, states “The fleet forming system 52 is configured to send instructions, (e.g., position in the fleet, vehicle speed, time for joining the fleet, etc.) to the autonomous driving system (ADS)” thus demonstrating that the second efficiency has a speed profile while in the fleet. Also, ¶ 0075-0076 states “The energy consumption value can also be referred to as energy efficiency. The vehicle 10 is adapted to evaluate the energy consumption or energy efficiency depending on different parameters. For example, the vehicle 10 is adapted to determine the energy consumption based on loading of the vehicle (e.g., numbers of passengers in the vehicle), grade/slope, acceleration/deceleration, altitude, temperature and humidity. Moreover, the vehicle 10 is adapted to determine the benefits of driving in a fleet depending on the position in the fleet (e.g., when driving as a leading vehicle or trailing vehicle), the speed of the fleet. Further, the vehicle 10 has knowledge about the vehicle and roadway constraints like speed limits, acceleration limits, deceleration limits etc. As described above, the vehicle 10, illustrated in function 410, communicates these data to the system 52” where the efficiency of a vehicle before it is in the Fleet and after it is in the fleet, and even a change in efficiency at different positions within the fleet, which includes initial, and adjusted efficiencies of vehicles, which includes trajectory’s and further speed profiles. Finally, ¶ 0078 states “The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet” which again demonstrates the adjusted efficiency of the vehicle, which has a trajectory and speed profile. Therefore the Office respectfully disagree and Belapurka discloses generating efficiency tracks for vehicles which include trajectories and speed profiles.
Applicant further remarks “Applicant's track is pre-determined, whereas Belapurkar's "path" refers to real-time control of the vehicle: "The autonomous vehicle system further uses information from global positioning systems (OPS) technology, navigation systems, vehicle-to-vehicle communication, vehicle-to-infrastructure technology, and/or drive-by-wire systems to navigate the vehicle" (Belapurkar, paragraph [0002])” and this remark has several issues.
First, it remains the Office’s stance that the cited prior art still anticipates the claimed subject matter, as currently presented. Further, it appears applicant is attempting to read in subject matter that is not required for the claims. If applicant requires the first track be “pre-determined” and not generated, the claims should be amended to capture this. Further, applicant stated Claims 28 and 37 were cited to support the amendments and remarks, yet in all the cited paragraphs, the tracks are generated, not pre-determined, thus again, the Office respectfully disagrees the current rejection remains.
Office Note: If there are terms and meaning that the current claims require, the Office strongly suggests amending the claims to capture these terms for clarity and to move prosecution forward.
Finally, applicant remarks “Belapurkar does not disclose "generating an adjustment energy-efficient track for the vehicle in operation based on an adjusted speed profile, adjusted energy-efficiency evaluation, and adjusted trajectory of the vehicle in operation, as well as the estimated speed profile and estimated trajectory of the second motor vehicle on the portion of the route” and the Office respectfully disagrees.
It remains the Office’s stance that the cited prior art still anticipates the claimed subject matter, as currently presented. Belapurka clearly discloses the claimed subject matter as required. Belapurka is also a system/method for determing a first efficiency for a vehicle, then attempting to join a fleet, which will have a second efficiency. Further Belapurka clearly disclose “the data processing unit is configured to determine an initial range and/or energy efficiency of the first vehicle without joining the fleet and to calculate a new range and/or a new energy efficiency of the first vehicle for different positions of the first vehicle in the fleet.” [Specification, ¶ 0012]. Further, states “The fleet forming system 52 is configured to send instructions, (e.g., position in the fleet, vehicle speed, time for joining the fleet, etc.) to the autonomous driving system (ADS)” thus demonstrating that the second efficiency has a speed profile while in the fleet. Also, ¶ 0075-0076 states “The energy consumption value can also be referred to as energy efficiency. The vehicle 10 is adapted to evaluate the energy consumption or energy efficiency depending on different parameters. For example, the vehicle 10 is adapted to determine the energy consumption based on loading of the vehicle (e.g., numbers of passengers in the vehicle), grade/slope, acceleration/deceleration, altitude, temperature and humidity. Moreover, the vehicle 10 is adapted to determine the benefits of driving in a fleet depending on the position in the fleet (e.g., when driving as a leading vehicle or trailing vehicle), the speed of the fleet. Further, the vehicle 10 has knowledge about the vehicle and roadway constraints like speed limits, acceleration limits, deceleration limits etc. As described above, the vehicle 10, illustrated in function 410, communicates these data to the system 52” where the efficiency of a vehicle before it is in the Fleet and after it is in the fleet, and even a change in efficiency at different positions within the fleet, which includes initial, and adjusted efficiencies of vehicles, which includes trajectory’s and further speed profiles. Finally, ¶ 0078 states “The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet” which again demonstrates the adjusted efficiency of the vehicle, which has a trajectory and speed profile. Therefore the Office respectfully disagree and Belapurka discloses generating efficiency tracks for vehicles which include adjusted trajectories and adjusted speed profiles.
It is the Office’s stance that all of applicant arguments have been considered and the rejections remain.
Final Office Action
CLAIM INTERPRETATION
During examination, claims are given the broadest reasonable interpretation consistent with the specification and limitations in the specification are not read into the claims. See MPEP §2111, MPEP §2111.01 and In re Yamamoto et al., 222 USPQ 934 10 (Fed. Cir. 1984). Under a broadest reasonable interpretation, words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. See MPEP 2111.01 (I). It is further noted it is improper to import claim limitations from the specification, i.e., a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment. See 15 MPEP 2111.01 (II).
A first exception to the prohibition of reading limitations from the specification into the claims is when the Applicant for patent has provided a lexicographic definition for the term. See MPEP §2111.01 (IV). Following a review of the claims in view of the specification herein, the Office has found that Applicant has not provided any lexicographic definitions, either expressly or implicitly, for any claim terms or phrases with any reasonable clarity, deliberateness and precision. Accordingly, the Office concludes that Applicant has not acted as his/her own lexicographer.
A second exception to the prohibition of reading limitations from the specification into the claims is when the claimed feature is written as a means-plus-function. See 35 U.S.C. §112(f) and MPEP §2181-2183. As noted in MPEP §2181, a three prong test is used to determine the scope of a means-plus-function limitation in a claim:
the claim limitation uses the term "means" or "step" or a term used as a substitute for "means" that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function
the term "means" or "step" or the generic placeholder is modified by functional language, typically, but not always linked by the transition word "for" (e.g., "means for") or another linking word or phrase, such as "configured to" or "so that"
the term "means" or "step" or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
The Office has found herein that the claims do not contain limitations of means or means type language that must be analyzed under 35 U.S.C. §112 (f).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim 11-12, 16-17, 21-22, and 26-27 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Belapurkar et al. (United States Patent Publication 2019/0236959).
With respect to Claim 21: Belapurkar discloses “A motor vehicle comprising at least a driving device” [Belapurkar, ¶ 0031-0043 with Figure 1 (the autonomous vehicle 10 generally includes a propulsion system 20)];
“and an engine that is connected to and actuates the driving device” [Belapurkar, ¶ 0031-0043 with Figure 1 (the autonomous vehicle 10 generally includes a propulsion system 20, a transmission system 22)];
“and a motor vehicle control system that is adapted to control the engine of the motor vehicle” [Belapurkar, ¶ 0031-0043 with Figure 1 (the autonomous vehicle 10 generally includes a propulsion system 20, a transmission system 22, a steering system 24, a brake system 26, a sensor system 28, an actuator system 30, at least one data storage device 32, at least one controller 34, and a communication system 36)];
“the motor vehicle system comprising at least: a computer device for generating an adjustment energy-efficient track for a vehicle in operation” [Belapurkar, ¶ 0031-0043 with Figure 1 (The controller 34 includes at least one processor 44 and a computer readable storage device or media 46)];
“the computer device comprising at least: a CPU” [Belapurkar, ¶ 0031-0043 with Figure 1 (The controller 34 includes at least one processor 44 and a computer readable storage device or media 46)];
“and a memory that stores a program code” [Belapurkar, ¶ 0031-0043 with Figure 1 (The controller 34 includes at least one processor 44 and a computer readable storage device or media 46)];
“that, when executed by the CPU of the device, induces the CPU to perform the following steps” [Belapurkar, ¶ 0031-0043 with Figure 1 (The controller 34 includes at least one processor 44 and a computer readable storage device or media 46)];
“generating a first energy-efficient track for the vehicle in operation” [Belapurkar, ¶ 0062 (is configured to determine an initial range and/or an initial energy efficiency of the first vehicle)];
“the track comprising a speed profile of the vehicle in operation and its trajectory on a portion of a route” [Belapurkar, ¶ 0053 and 0087 (The data access is exemplarily but not limited to a vehicle speed, available fuel/range ratio, an overview of pedal positions, an aerodynamic profile, an average energy consumption of a vehicle, an acceleration profile of a vehicle)];
“detecting a second motor vehicle located on the same portion of the route” [Belapurkar, ¶ 0056-0067 (the data processing unit 52b is configured to determine the second vehicle 10b based on a same or partially same itinerary within a predetermined timeframe)];
“wherein the second motor vehicle is detected using environmental sensors of the vehicle in operation” [Belapurkar, ¶ 0056-0067 (data processing unit 52b is configured to compare the itinerary of all vehicles 10a-10n of the group of vehicles. The data processing unit 52b is configured to determine a second vehicle 10b to form a fleet with a first vehicle 10a from the group of vehicles)];
“and generating a track for the second motor vehicle based at least on its estimated speed profile and estimated trajectory on the portion of the route” [Belapurkar, ¶ 0056-0064 (the data processing unit 52b is configured to determine the second vehicle 10b based on a same or partially same itinerary within a predetermined timeframe)];
“and generating an adjustment energy-efficient track for the vehicle in operation” [Belapurkar, ¶ 0056-0067 (The fleet forming system 52 is configured to send instructions, (e.g., position in the fleet, vehicle speed, time for joining the fleet, etc.) to the autonomous driving system (ADS) 70 of each vehicle joining the fleet. As described with reference to FIG. 3, the ADS 70 controls each vehicle willing to join the fleet based on the received instructions from the fleet forming system 52. Alternatively, the fleet forming system 52 directly accesses the ADS 70 to control each individual vehicle to form the fleet)];
“based on an adjusted speed profile, adjusted energy-efficiency evaluation, and adjusted trajectory of the vehicle in operation, as well as the estimated speed profile and estimated trajectory of the second motor vehicle on the portion of the route” [Belapurkar, ¶ 0056-0067 (The fleet forming system 52 is configured to send instructions, (e.g., position in the fleet, vehicle speed, time for joining the fleet, etc.) to the autonomous driving system (ADS) 70 of each vehicle joining the fleet. As described with reference to FIG. 3, the ADS 70 controls each vehicle willing to join the fleet based on the received instructions from the fleet forming system 52. Alternatively, the fleet forming system 52 directly accesses the ADS 70 to control each individual vehicle to form the fleet)];
“wherein the vehicle in operation moves along the portion of the route in accordance with the adjustment resource-efficient track” [Belapurkar, ¶ 0056-0067 (The fleet forming system 52 is configured to send instructions, (e.g., position in the fleet, vehicle speed, time for joining the fleet, etc.) to the autonomous driving system (ADS) 70 of each vehicle joining the fleet. As described with reference to FIG. 3, the ADS 70 controls each vehicle willing to join the fleet based on the received instructions from the fleet forming system 52. Alternatively, the fleet forming system 52 directly accesses the ADS 70 to control each individual vehicle to form the fleet)].
Office Note: The Office is interpreting the term “portion” as “section” for analysis and applying of prior art.
With respect to Claim 22: Belapurkar discloses “The vehicle of claim 21, characterized in that the first energy-efficient track for the vehicle in operation is generated by means of the CPU of the computer device performing the following steps” [Belapurkar, ¶ 0056-0064 (if the initial range and/or initial energy efficiency of the first vehicle 10a is sufficient for reaching the destination of its itinerary, the data processing unit 52b is configured to calculate an individual energy consumption level for each vehicle for different positions in the fleet and to calculate a fleet average consumption level based on the individual energy consumption level for each vehicle. Further, the data processing unit 52b is configured to select the position of each vehicle based on the individual energy consumption level in relation to the fleet average consumption level)];
“collecting primary data that involves obtaining data associated with a first motor vehicle data associated with the portion of a route to be passed by the first motor vehicle” [Belapurkar, ¶ 0016, 0056-0067 (the data processing unit 52b is configured to calculate a new range and/or a new energy efficiency for each one of the other vehicles for different positions of the first vehicle 10a in the fleet and to determine if the initial range and/or the initial energy efficiency of the first vehicle 10a is sufficient for reaching a destination of its itinerary) and (the data processing unit is configured to receive destination location, required arrival time, and/or vehicle profile for each vehicle and compare these data of each vehicle with each other. For example, this is done for comparing the itinerary of all vehicles of the group of vehicles)];
“and data associated with the vehicle in operation” [Belapurkar, ¶ 0056-0067 and 0077-0079];
“wherein the vehicle in operation passes the portion of the route after the first motor vehicle” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the first and the last position may be less favorable in terms of aerodynamic conditions and therefore positions in the fleet where vehicles consume more energy. In addition, the system 52 can determine the type of vehicles in the fleet (e.g., a car or a truck). This may also have an influence on the positioning of the vehicles in the fleet as a vehicle positioned behind a truck gets a position with even better aerodynamic conditions)];
“collecting secondary data that involves generating a track of the first motor vehicle” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“wherein said track is generated based on how the first motor vehicle passed the portion of the route” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“generating the first energy-efficient track for the vehicle in operation” [Belapurkar, ¶ 0056-0067 and 0090 (The energy cost may be calculated by the integral of several parameters, like a grade profile of the first vehicle on its route, a speed of the fleet the first vehicle joined, the acceleration profile of the first vehicle, the position of the first vehicle in the fleet (e.g., lead vehicle), etc. For assessing the value for the first vehicle joining a fleet and its potential position in the fleet, the system 52 calculates an overall value comparing the cost in a baseline configuration and the cost in a scenario configuration)];
“wherein the first energy-efficient track for the vehicle in operation is generated based on the track generated for the first motor vehicle” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“wherein the track for the first motor vehicle is generated by performing the following steps: generating a speed profile of the first motor vehicle on the passed portion of the route” [Belapurkar, ¶ 0056-0067 and 0077-0079 (he fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“evaluating energy efficiency of the first motor vehicle on the passed portion of the route” [Belapurkar, ¶ 0056-0067 and 0077-0079 (he fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))].
With respect to Claims 11 and 12: all limitations have been examined with respect to the motor vehicle in Claims 21-22. The method taught/disclosed in Claims 11 and 12 can clearly perform on the motor vehicle of Claims 21-21. Therefore Claims 11 and 12 are rejected under the same rationale.
With respect to Claims 16 and 17: all limitations have been examined with respect to the motor vehicle in Claims 21-22. The device taught/disclosed in Claims 16 and 17 can clearly perform on the motor vehicle of Claims 21-21. Therefore Claims 16 and 17 are rejected under the same rationale.
With respect to Claims 26 and 27: all limitations have been examined with respect to the motor vehicle in Claims 21-21. The computer medium taught/disclosed in Claims 26 and 27 can clearly perform on the motor vehicle of Claims 21-22. Therefore Claims 26 and 27 are rejected under the same rationale.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 13-14, 18-19, 23-24, and 28-29 are rejected under 35 USC 103 as being unpatentable over Belapurkar et al. (United States Patent Publication 2019/0236959) in view of Barefoot et al. (United States Patent Publication 2009/0043439).
With respect to Claim 23: While Belapurkar discloses “The vehicle of claim 21, characterized in that the first energy-efficient track for the vehicle in operation is generated by means of the CPU of the computer device performing the steps” [Belapurkar, ¶ 0056-0064 (if the initial range and/or initial energy efficiency of the first vehicle 10a is sufficient for reaching the destination of its itinerary, the data processing unit 52b is configured to calculate an individual energy consumption level for each vehicle for different positions in the fleet and to calculate a fleet average consumption level based on the individual energy consumption level for each vehicle. Further, the data processing unit 52b is configured to select the position of each vehicle based on the individual energy consumption level in relation to the fleet average consumption level)];
“collecting primary data that involves obtaining data associated with a first motor vehicle data associated with the portion of a route to be passed by the first motor vehicle” [Belapurkar, ¶ 0016, 0056-0067 (the data processing unit 52b is configured to calculate a new range and/or a new energy efficiency for each one of the other vehicles for different positions of the first vehicle 10a in the fleet and to determine if the initial range and/or the initial energy efficiency of the first vehicle 10a is sufficient for reaching a destination of its itinerary) and (the data processing unit is configured to receive destination location, required arrival time, and/or vehicle profile for each vehicle and compare these data of each vehicle with each other. For example, this is done for comparing the itinerary of all vehicles of the group of vehicles)];
“and data associated with the vehicle in operation” [Belapurkar, ¶ 0056-0067 and 0077-0079];
“wherein the vehicle in operation passes the portion of the route after the first motor vehicle” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the first and the last position may be less favorable in terms of aerodynamic conditions and therefore positions in the fleet where vehicles consume more energy. In addition, the system 52 can determine the type of vehicles in the fleet (e.g., a car or a truck). This may also have an influence on the positioning of the vehicles in the fleet as a vehicle positioned behind a truck gets a position with even better aerodynamic conditions)];
“collecting secondary data that involves generating a track of the first motor vehicle” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“wherein said track is generated based on how the first motor vehicle passed the portion of the route” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“generating the first energy-efficient track for the vehicle in operation” [Belapurkar, ¶ 0056-0067 and 0090 (The energy cost may be calculated by the integral of several parameters, like a grade profile of the first vehicle on its route, a speed of the fleet the first vehicle joined, the acceleration profile of the first vehicle, the position of the first vehicle in the fleet (e.g., lead vehicle), etc. For assessing the value for the first vehicle joining a fleet and its potential position in the fleet, the system 52 calculates an overall value comparing the cost in a baseline configuration and the cost in a scenario configuration)];
“wherein the first energy-efficient track for the vehicle in operation is generated based on the track generated for the first motor vehicle” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“wherein the track for the first motor vehicle is generated by performing the following steps: generating a speed profile of the first motor vehicle on the passed portion of the route” [Belapurkar, ¶ 0056-0067 and 0077-0079 (he fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“evaluating energy efficiency of the first motor vehicle on the passed portion of the route” [Belapurkar, ¶ 0056-0067 and 0077-0079 (he fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“wherein when the first motor vehicle is passing through the portion of the route, its actual speed profile is determined in at least one moment in time” [Belapurkar, ¶ 0087 (The fleet forming system 52 is configured to access, illustrated by block 510, the destination location, the required arrival time, sensor data and vehicle profile. This may be a temporary trip-specific permission. The data access is exemplarily but not limited to a vehicle speed, available fuel/range ratio, an overview of pedal positions, an aerodynamic profile, an average energy consumption of a vehicle, an acceleration profile of a vehicle)];
“and the energy consumption control signal for the first motor vehicle is a signal for a motion control system of the first motor vehicle and/or an on-board information system of the first motor vehicle, and this signal is a signal to decrease or increase wheel speed of at least one wheel of the first motor vehicle” [Belapurkar, ¶ 0062 and 0087 (the fleet forming system 52 is configured to send instructions, (e.g., position in the fleet, vehicle speed, time for joining the fleet, etc.) to the autonomous driving system (ADS) 70 of each vehicle joining the fleet. As described with reference to FIG. 3, the ADS 70 controls each vehicle willing to join the fleet based on the received instructions from the fleet forming system 52. Alternatively, the fleet forming system 52 directly accesses the ADS 70 to control each individual vehicle to form the fleet.)];
Belapurkar does not specifically state controlling the first vehicle based on a difference between estimated and actual vehicle speed.
Barefoot, which is in the same field of on endeavor of fleet vehicle control teaches “and when the actual speed profile of the first motor vehicle deviates from its estimated speed profile, which is a part of said track for the first motor vehicle, an energy consumption control signal is generated for the first motor vehicle; and the energy consumption control signal for the first motor vehicle is a signal for a motion control system of the first motor vehicle and/or an on-board information system of the first motor vehicle, and this signal is a signal to decrease or increase wheel speed of at least one wheel of the first motor vehicle” [Barefoot, ¶ 0014, 0083, and 0089 (The drive control method compares the actual speed to the desired speed and adjusts the drive commands sent to the vehicle so as to make the difference between the actual and desired speeds as small as possible)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Barefoot into the invention of Belapurkar to include data in controlling vehicles efficiency, such as speed and time, in fleets of vehicles as Belapurkar discloses but to also control vehicles speed when their estimated speed does not match their actual speed as taught by Barefoot with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art Barefoot into Belapurkar to create a more robust system that better control vehicles, thus increasing desired efficiency by “making the differences as small as possible” [Barefoot, ¶ 0089] and lowering control costs [Barefoot, ¶ 0100]. Additionally, the claimed invention is merely a combination of old, well known elements such as vehicle control in fleets for efficiency and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
With respect to Claim 24: While Belapurkar discloses “The vehicle of claim 21, characterized in that the first energy-efficient track for the vehicle in operation is generated by means of the CPU of the computer device performing the steps” [Belapurkar, ¶ 0056-0064 (if the initial range and/or initial energy efficiency of the first vehicle 10a is sufficient for reaching the destination of its itinerary, the data processing unit 52b is configured to calculate an individual energy consumption level for each vehicle for different positions in the fleet and to calculate a fleet average consumption level based on the individual energy consumption level for each vehicle. Further, the data processing unit 52b is configured to select the position of each vehicle based on the individual energy consumption level in relation to the fleet average consumption level)];
“collecting primary data that involves obtaining data associated with a first motor vehicle data associated with the portion of a route to be passed by the first motor vehicle” [Belapurkar, ¶ 0016, 0056-0067 (the data processing unit 52b is configured to calculate a new range and/or a new energy efficiency for each one of the other vehicles for different positions of the first vehicle 10a in the fleet and to determine if the initial range and/or the initial energy efficiency of the first vehicle 10a is sufficient for reaching a destination of its itinerary) and (the data processing unit is configured to receive destination location, required arrival time, and/or vehicle profile for each vehicle and compare these data of each vehicle with each other. For example, this is done for comparing the itinerary of all vehicles of the group of vehicles)];
“and data associated with the vehicle in operation” [Belapurkar, ¶ 0056-0067 and 0077-0079];
“wherein the vehicle in operation passes the portion of the route after the first motor vehicle” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the first and the last position may be less favorable in terms of aerodynamic conditions and therefore positions in the fleet where vehicles consume more energy. In addition, the system 52 can determine the type of vehicles in the fleet (e.g., a car or a truck). This may also have an influence on the positioning of the vehicles in the fleet as a vehicle positioned behind a truck gets a position with even better aerodynamic conditions)];
“collecting secondary data that involves generating a track of the first motor vehicle” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“wherein said track is generated based on how the first motor vehicle passed the portion of the route” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“generating the first energy-efficient track for the vehicle in operation” [Belapurkar, ¶ 0056-0067 and 0090 (The energy cost may be calculated by the integral of several parameters, like a grade profile of the first vehicle on its route, a speed of the fleet the first vehicle joined, the acceleration profile of the first vehicle, the position of the first vehicle in the fleet (e.g., lead vehicle), etc. For assessing the value for the first vehicle joining a fleet and its potential position in the fleet, the system 52 calculates an overall value comparing the cost in a baseline configuration and the cost in a scenario configuration)];
“wherein the first energy-efficient track for the vehicle in operation is generated based on the track generated for the first motor vehicle” [Belapurkar, ¶ 0056-0067 and 0077-0079 (the fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“wherein the track for the first motor vehicle is generated by performing the following steps: generating a speed profile of the first motor vehicle on the passed portion of the route” [Belapurkar, ¶ 0056-0067 and 0077-0079 (he fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“evaluating energy efficiency of the first motor vehicle on the passed portion of the route” [Belapurkar, ¶ 0056-0067 and 0077-0079 (he fleet forming system 52 assembles at block 412 the data of the vehicles (e.g., the time and energy value) of each vehicle on the road. The fleet forming system 52 then optimizes, at block 414, the positions of the vehicles in the fleet (fleet configuration), travel paths, and vehicle speeds to maximize value or minimize cost. The fleet forming system 52 has information about an energy infrastructure, i.e., fuel/charge locations, fuel/charge times, usage predictions. In addition, the fleet forming system 52 has knowledge about roadways, i.e., allowable travel speeds, slopes/grades, signal/stops, parking. Further, the fleet forming system 52 is adapted to determine when a vehicle is changing a fleet, or when a vehicle joins and leaves the fleet. In a further embodiment, the vehicle is adapted to continuously scan and interface with other vehicles or the coordination system (fleet forming system))];
“wherein when the vehicle in operation is passing through the portion of the route, its actual speed profile is determined in at least one moment in time” [Belapurkar, ¶ 0087 (The fleet forming system 52 is configured to access, illustrated by block 510, the destination location, the required arrival time, sensor data and vehicle profile. This may be a temporary trip-specific permission. The data access is exemplarily but not limited to a vehicle speed, available fuel/range ratio, an overview of pedal positions, an aerodynamic profile, an average energy consumption of a vehicle, an acceleration profile of a vehicle)];
“and the energy consumption control signal for the vehicle in operation is a signal for a motion control system of the vehicle in operation and/or an on-board information system of the vehicle in operation, and this signal is a signal to decrease or increase wheel speed of at least one wheel of the vehicle in operation” [Belapurkar, ¶ 0062 and 0087 (the fleet forming system 52 is configured to send instructions, (e.g., position in the fleet, vehicle speed, time for joining the fleet, etc.) to the autonomous driving system (ADS) 70 of each vehicle joining the fleet. As described with reference to FIG. 3, the ADS 70 controls each vehicle willing to join the fleet based on the received instructions from the fleet forming system 52. Alternatively, the fleet forming system 52 directly accesses the ADS 70 to control each individual vehicle to form the fleet.)];
Belapurkar does not specifically state controlling the vehicle in operation based on a difference between estimated and actual vehicle speed.
Barefoot, which is in the same field of on endeavor of fleet vehicle control teaches “and when the actual speed profile of the vehicle in operation deviates from its estimated speed profile, which is a part of said track for the vehicle in operation, an energy consumption control signal is generated for the vehicle in operation; and the energy consumption control signal for the vehicle in operation is a signal for a motion control system of the vehicle in operation and/or an on-board information system of the vehicle in operation, and this signal is a signal to decrease or increase wheel speed of at least one wheel of the vehicle in operation” [Barefoot, ¶ 0014, 0083, and 0089 (The drive control method compares the actual speed to the desired speed and adjusts the drive commands sent to the vehicle so as to make the difference between the actual and desired speeds as small as possible)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Barefoot into the invention of Belapurkar to include data in controlling vehicles efficiency, such as speed and time, in fleets of vehicles as Belapurkar discloses but to also control vehicles speed when their estimated speed does not match their actual speed as taught by Barefoot with a reasonable expectation of success. One would be motivated to incorporate aspects of the cited prior art Barefoot into Belapurkar to create a more robust system that better control vehicles, thus increasing desired efficiency by “making the differences as small as possible” [Barefoot, ¶ 0089] and lowering control costs [Barefoot, ¶ 0100]. Additionally, the claimed invention is merely a combination of old, well known elements such as vehicle control in fleets for efficiency and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
With respect to Claims 13 and 14: all limitations have been examined with respect to the motor vehicle in Claims 23-24. The method taught/disclosed in Claims 13 and 14 can clearly perform on the motor vehicle of Claims 23-24. Therefore Claims 13 and 14 are rejected under the same rationale.
With respect to Claims 18 and 19: all limitations have been examined with respect to the motor vehicle in Claims 23-24. The device taught/disclosed in Claims 18 and 19 can clearly perform on the motor vehicle of Claims 23-24. Therefore Claims 18 and 19 are rejected under the same rationale.
With respect to Claims 28 and 29: all limitations have been examined with respect to the motor vehicle in Claims 23-24. The computer medium taught/disclosed in Claims 28 and 29 can clearly perform on the motor vehicle of Claims 23-24. Therefore Claims 28 and 29 are rejected under the same rationale.
Claim Objections
Claims 15, 20, 25, and 30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Prior Art (Not relied upon)
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached form 892.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESS WHITTINGTON whose telephone number is (571)272-7937. The examiner can normally be reached on 7am -4pm EST.
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/JESS WHITTINGTON/Primary Examiner, Art Unit 3666c
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