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 .
DETAILED ACTION
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 claims at issue 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 USPG2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Gir, 1993); in re Longi\ 759 F.2d 887, 225 USPQ 845 (Fed. Cir. 1985); in re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); in re Vogel, 422 F.2d 438, 184 USPQ 619 (CCPA 1970); and in re Thonngton, 418 F.2d 528, 183 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspo.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 20-39 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20-39 of co-pending Application No. 18/665,098 (reference application). This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.The subject matter claimed in the instant application is fully disclosed in the referenced co-pending application and would be covered by any patent granted on that co-pending application since the referenced co-pending application and the instant application are claiming common subject matter, as follows: a traffic control center or a traffic control unit (TCC/TCU) that collects data, processing information, optimizing driving strategy for full vehicle operations, and providing vehicle-specific control instructions to a connected and automated vehicle (CAV), wherein the vehicle-specific control instructions comprise instructions for vehicle longitudinal and lateral position; speed; and steering and control. Although the conflicting claims are not identical, they are not patentably distinct from each other because: the wordings are different, in the limitation the limitations carried are either inherently implied or would have been obvious to one of ordinary skill in the art. Application No. 18/665,248 recites “the processor module and optimize module process information and optimize control targets for full vehicle operations.” Application No. 18/665,098 recites “said TCC/TCU…to archive historical data, process information, and optimize driving strategy for full vehicle operations and control for the connected and automated vehicle (CAV).” These show the claims of the current application are an obvious variation of the reference claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant’s arguments, see applicant’s arguments/remarks, filed 01/22/2026, with respect to the 35 U.S.C. 112(a), and 35 U.S.C. 112(b) rejections have been fully considered and are persuasive. The 35 U.S.C. 112(a) and 35 U.S.C. 112(b) rejections have been withdrawn.
However, the current application cannot be placed in a condition for allowance because claims 20-39 remain being rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20-39 of co-pending Application No. 18/665,098.
Conclusions
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 Tuan C To whose telephone number is (571) 272-6985. The examiner can normally be reached on from 6:00AM to 2:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ramya P Burgess, can be reached on (571) 272-6011.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUAN C TO/Primary Examiner, Art Unit 3661