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 .
Amendments to the claims have been recorded.
Response to Arguments
Applicant’s arguments have been fully considered but they are not persuasive.
Applicant’s Arguments
Applicant argues are fully addressed with the new rejections made to the newly provided amendments. Double Patenting Rejections remain as the amendments do not overcome the DP rejections.
DETAILED ACTION
Claims 1-5 are pending. Claims 1-5 are rejected.
Nonstatutory 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The claim of this instant application are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim of co-pending Application. Although the conflicting claims are not identical, they are not patentably distinct from each other.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Double Patenting Rejections will not be revisited and be held in abeyance until allowable subject matter is to be found.
The claims of this instant Application are rejected using the same rejections as made to claims of the Abandoned applicant 17/069,928. The abandoned applicant may be revived and as such a Double Patent Rejection is proper.
A patentee or applicant may disclaim or dedicated to the public the entire term, or any terminal part of the term of a patent. 35 U.S.C. 253. The statue does not provide for a terminal disclaimer of only a specified claim or claims. The terminal disclaimer must operate with respect to all claims in the patent. MPEP 804.02.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 recites the limitation "a power generation device”. There is insufficient antecedent basis for this limitation in the claim. Claims 1-5 recites the limitation "a fuel stored in a storage unit” is cited multiple times. One of ordinary skill in the art would not know if the second citation if a different or same “a fuel stored in a storage unit”. Also “a power storage device”; “a fuel”; “a power storage device”. Claim 1 was reviewed, applicant is responsible for searching claims 1-5 for proper antecedent basis.
Claim Rejections - 35 USC § 102
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.
(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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tryon US 20050228553.
Although claim 4 is rejected using the same rejections as made to claim 1, claim 4 is significantly broader in scope as it is a method claim reciting both Boolean ‘or’ and conditional ‘when’ limitations.
1. A display system installed in a vehicle, comprising:
(Tryon Para 33; touch screen operator interface to generate either aural or visual information [Fig. 4; para 42], e.g. via the instrument panel.)
a processor configured to derive the remaining amount of a fuel on the basis of the detection result of a first sensor attached (Tryon Fig. 2 power generator, #22 energy storage device, #34 Power generator controller) Also; para 77; the travel distance on the same road are accumulated over time, the route computer system 48 can optimize the control of the hybrid vehicle system 12. Also para 28; the electrical power controller 18 would provide information about the amount of energy stored in the energy storage device 22 which would be used by the route computer system 48 in determining a particular overall control strategy.
to any one of
a power generation device, (Tryon Fig. 2 #74 Fuel controller Also para 75; The fuel step-down rate will be a function of [derives] remaining energy [fuel]requirements to reach the destination),
a fuel storage unit, and (Tryon #28 Fuel; Fuel must be in a storage unit) Also para 28.
a fuel supply path, (Tryon Fig.2 from #28 to #74) Also, para 28. Also, para 33; used by the route computer system 48 as the most likely destination to be used for calculating the overall control strategy. Typical drive times, distances, energy use, etc.
the remaining amount of a fuel being stored in the fuel storage unit, supplied to the power generation device, and consumed by the power generation device, 24; the power generator 16 comprises a fuel cell [the power generator has its own fuel storage to consume from]
derive an amount of charge or a charge rate of a power storage device on the basis of the detection result of a second sensor attached to the power storage device that stores electric power generated by the power generation device, (Tryon para 28; electrical power controller 18 and energy storage device 22 are controlled by the route computer system 48 responsive to power demands from the traction motor 20 and responsive associated route dependent energy management by the route computer system 48. The power generator controller 34, electrical power controller 18 and traction motor controller 52 can also be adapted to provide information [second sensor] to the route computer system 48. For example, the electrical power controller 18 would provide information about the amount of energy stored [derived amount of charge] in the energy storage device 22 which would be used by the route computer system 48 in determining a particular overall control strategy.) Also, para 33
display information associated with a first traveling distance that the vehicle is able to travel on the basis of the derived remaining amount of a fuel stored in the fuel storage unit on a display, (Tryon Para 33; touch screen operator interface to generate either aural or visual information [Fig. 4; para 42], e.g. via the instrument panel. used by the route computer system 48 as the most likely destination to be used for calculating the overall control strategy. Typical drive times, distances, energy use [stored in the fuel storage unit], etc.) Also; para 75; The fuel step-down rate will be a function of remaining energy [for function of remaining energy the remaining amount must be known] requirements to reach the destination 114 using the power generator 16 [fuel cell i.e. stored in the fuel storage unit]
when the derived remaining amount of a fuel stored in the fuel storage unit is smaller than a first threshold value (Tryon para 77; The power generator 16 would be necessary for load following if the destination 114 cannot be predicted, or if the state of charge of the energy storage device 22, e.g. battery 22.1, is less than or equal to a minimum threshold. Knowledge of the predicted destination 114 provides for conserving fuel with a vehicle location sensor 42 by enabling the power generator 16 to shut down in advance of reaching the predicted destination.) Also; para 75; The fuel step-down rate will be a function of remaining energy [for function of remaining energy the remaining amount must be known; 77; function less than] requirements to reach the destination 114 using the power generator 16 [fuel cell i.e. stored in the fuel storage unit]
or
when the first traveling distance calculated on the basis of the remaining amount of a fuel stored in the fuel storage unit is smaller than a second threshold value, (para 75 Also, Fig.1) Also; para 75; The fuel step-down rate will be a function of remaining energy [for function of remaining energy the remaining amount must be known; 77; function less than] requirements to reach the destination 114 using the power generator 16 [fuel cell i.e. stored in the fuel storage unit]
display information associated with a second traveling distance that the vehicle is able to travel on the basis of the derived para 32; used by the route computer system 48 to select an alternate route [second traveling distance] to be used in determining the predicted driving pattern for calculating the overall control strategy.
amount of charge or charge rate of a power storage device in a state wherein
in which the power generation device continues to generate electric power by using the remaining amount of a fuel stored in the fuel storage unit on display. Para 32-34; Typical drive times, distances, energy use, etc. can be provided as information to the operator 60, and the operator 60 can communicate with the route computer system 48 to indicate or confirm intentions so as to improve the overall energy efficiency of the vehicle 14. Also, para 77 and 42. Also; para 75; The fuel step-down rate will be a function of remaining energy requirements to reach the destination 114 using the power generator 16 [fuel to electric power; 16 and 26]
2. The vehicle system according to claim 1, wherein the processor switches the information associated with the second traveling distance from the information associated with the first traveling distance and display the information associated with the second traveling distance on the display. Fig. 4 and Para 51; information in the data structure 144 of next destinations illustrated in FIG. 9 is updated, and using the route information from the linked list data structure 146, the linked list data structures 142 of FIG. 8d are updated for each intersection 110 and road 108 along the route, so as to add the first 114.1 and second 114.2 destinations and associated destination circles 116 to the list of reachable destinations from those intersections 110 along those roads 108.
3. The vehicle system according to claim 1, wherein the processor displays the first traveling distance on the display, (Fig.4 and Tryon Para 33; operator interface inputs through one or more touch screen. The operator interface 62 is also adapted to generate either aural or visual information [Fig. 4; para 42], e.g. via the instrument panel.
the first traveling distance is a value obtained by subtracting a predetermined distance based on an error of the first sensor from an actual traveling distance based on the derived remaining amount of a fuel. (Para 42; Different destinations 114 or sets of destinations 114 could have different associated location error tolerances represented by the radius of the associated destination circle 116. For example, principal destinations 114 such as "home" could have a location error tolerance of about 200 feet. The route computer system 48 would automatically cluster proximate destinations 114 into a corresponding, single destination circle 116. Also Fig.4 Tryon para 62, 72, 76)
4. is rejected using the same rejections as made to claim 1.
Although claim 4 is rejected using the same rejections as made to claim 1, claim 4 is significantly broader in scope as it is a method claim reciting both Boolean ‘or’ and conditional ‘when’ limitations.
MPEP 2111.04(11)
Regarding the method claim 4, the limitation “when”. Examiner notes, since the claims are all method claims, if the first step has been met, then the step of “when” is not required to be rejected because it is an "when" statement which is conditioned from the steps of where. According to MPEP 2111.04(11) and Ex parte Schulhauser. As such Examiner will not be considering the non-selected option.
5. is rejected using the same rejections as made to claim 1.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIHAR A KARWAN whose telephone number is (571)272-2747. The examiner can normally be reached on M-F 11am.-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramon Mercado can be reached on 571-270-5744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIHAR A KARWAN/Examiner, Art Unit 3664