Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12062275. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim 1 in the instant application and claim 1 in the patent discloses {an emergency response system implemented via a back-end application computer server, comprising: (a) a vehicle telematics data store that contains electronic records associated with a set of vehicles, each electronic record including an electronic record identifier and at least one vehicle operation parameter; (b) the back-end application computer server, coupled to the vehicle telematics data store, including: a computer processor, and a computer memory, coupled to the computer processor, storing instructions that, when executed by the computer processor cause the back-end application computer server to: (i) receive, from an emergency responder via an interactive graphical emergency responder interface display, a vehicle tag, (ii) automatically retrieve, from the vehicle telematics data store, a vehicle operation parameter associated with the vehicle tag, (iii) update the interactive graphical emergency responder interface display based on the retrieved vehicle operation parameter associated with the vehicle tag, and (iv) transmit the vehicle operation parameter from a vehicle attached to the vehicle tag to a supplemental responder device via the back-end application computer server; and (c) a communication port coupled to the back-end application computer server to facilitate a transmission of data with a remote emergency responder device to support the interactive graphical emergency responder interface display, including the update, via a distributed communication network}, the patent different in that the patent discloses the following limitation { determine at least one supplemental responder}, however the instant application teaches this limitation in claim 5.
Therefore, it would have been obvious to one with ordinary skill in the art to modify the instant application and combine with claim 5 to obtain the patent.
Allowable Subject Matter
Claims 1-20 would be allowable if overcome the DP rejection.
The following is a statement of reasons for the indication of allowable subject matter:
During search, examiner found the following related arts:
Zlojutro (US 20180025648) teaches an emergency response system implemented via a back-end application computer server (Paragraph 10: transmit a unique identification indicia related to that vehicle. The data transmitted will be received by a mobile computer “reads on server”, or other communication device such as a cell tower), comprising: (a) a vehicle telematics data store (Fig. 1, 3) that contains electronic records associated with a set of vehicles, each electronic record including an electronic record identifier and at least one vehicle operation parameter (Paragraph 22-23); (b) the back-end application computer server, coupled to the vehicle telematics data store, including: a computer processor, and a computer memory, coupled to the computer processor, storing instructions that, when executed by the computer processor cause the back-end application computer server (Fig. 1, 3) to: (i) receive, from an emergency responder, a vehicle tag, (ii) automatically retrieve, from the vehicle telematics data store, a vehicle operation parameter associated with the vehicle tag (Paragraph 4: speed “operation parameter”, camera information “reads on telematic data”; and location “Paragraph 8”, Paragraph 35 and abstract: database which maintains current information concerning insurance law compliance, motor vehicle registration and licensing compliance, traffic citations and other information, Paragraph 8: The records are maintained in a database which receives and maintains information regarding vehicles from sources such as insurance companies, other law enforcement agencies, motor vehicle departments and the like. The location of the vehicle is transmitted along with other information such as the identification of the vehicle and owner which is established by GPS/GIS systems. The information appears on the monitor of a law enforcement officer's vehicle in the area with the location, speed and direction of travel of the vehicle imposed on a map and also may be sent to an area law enforcement facility), and (iii) update the interactive graphical emergency responder interface display based on the retrieved vehicle operation parameter associated with the vehicle tag(Paragraph 8, 22, 23, 32); and (c) a communication port coupled to the back-end application computer server to facilitate a transmission of data with a remote emergency responder device to support the interactive graphical emergency responder interface display, including the update, via a distributed communication network (Paragraph 50).
Mishra (US 20230133248) teaches (claim 4: selecting a vehicle based on utilization parameters for fulfilling a destination-related task comprising: obtaining vehicle sensor measurements of a plurality of vehicles to generate vehicle records associated with the plurality of vehicles, each subset of measurements of the vehicle sensor measurements comprising an odometer measurement of a respective vehicle of the plurality of vehicles; obtaining a set of vehicle utilization parameters comprising a transportation weight parameter and a navigation path; for each available vehicle of the plurality of vehicles, determining vehicle degradation values for the available vehicle based on (i) the set of vehicle utilization parameters).
Sharma (US 20230123408) teaches Paragraph 147: The OTA update server 800 and the telematics device 200 are configured to communicate with one another using a networking protocol. Now the OTA update server 800 has been provided with the telematics device identifier 324 for the telematics device coupled to the vehicle identified by “VIN1” in step 1250. At step 1260, the OTA update server 800 sends an ECU firmware update for an ECU installed in the vehicle identified by the vehicle identifier “VIN1” to the telematics device coupled thereto. For example, at step 1260, the OTA update server 800 may send the ECU firmware update for ECM_123 to the telematics device 200 having a telematics ID “TD00101”. The telematics device 200 may receive the ECU firmware update, such as the firmware update for ECM_123 over the network interface.
Sainaney (US 20180350160) teaches (Paragraph 3: During an initial phase of the compatibility workflow, the telematics service obtains a set of telematics data for a vehicle transmitted by a telematics device over a wireless communication network. The telematics device interfaces with an on-board electronic system of the vehicle via an on-board diagnostics (OBD) link. A vehicle identifier of the vehicle and a device identifier of the telematics device is identified within the set of telematics data. Account profile information is updated to indicate a relationship between the vehicle identifier and the device identifier. Vehicle profile information is retrieved for a group of vehicles of which the vehicle is a member based on the vehicle identifier. The vehicle profile information includes compatibility data for the group of vehicles with respect to a group of telematics devices of which the telematics device indicated by the device identifier is a member).
Hanson (US 20230073115) teaches (claim 1: automatically receiving, by a computing device from a telematics device associated with a first vehicle involved in an accident and based on detection of impact parameters by the telematics device, telematics information indicating a first notice of loss associated with the first vehicle, wherein the telematics information comprises a vehicle identifier associated with the first vehicle and one or more of an indication of speed, an indication of braking, or an indication of acceleration of the first vehicle for a time period immediately preceding and immediately subsequent to the accident; determining, by the computing device and based on the telematics information, that the accident caused damage to the first vehicle; automatically determining, by the computing device and based on the vehicle identifier associated with the first vehicle, a vehicle type of the first vehicle; causing, by the computing device, a damage information collector residing at a damage information collection device operated by a user associated with the first vehicle, to present, on a screen of the damage information collection device, a plurality of user interface elements, wherein each user interface element of the plurality of user interface elements is associated with a corresponding portion of the first vehicle; receiving, by the computing device and from the damage information collector, an indication of a selected user interface element of the plurality of user interface elements, wherein the selected user interface element corresponds to a damaged portion of the first vehicle).
Shi (US 20210092573) teaches the above (Paragraph 27: an app on a mobile phone, authorized only for the law enforcement department. When a law enforcement officer needs to check the vehicle, the officer can scan a code or input the ID number of the vehicle to get basic information. There may be options for actions, like call the service center, emergency shut down, or unlock the vehicle's doors, and the like and Paragraph 29, 33: The perception sensors may include, for example, images or video captured from one or more digital cameras, image perception by a LiDAR or a radar. Image based, sound wave based, or radiation-based signal detection may also provide input to the sensor processor 218. The sensor processor 218 may perform image or video processing on the sensor signals and provide information about the vehicle's environment. Alternatively, image processing may be performed by the server 201).
Cabanas (US 20230066525) teaches transmit the vehicle parameter to a supplemental responder device (abstract, Paragraph 115, 259-260).
None of the cited arts, alone or in reasonable combination teaches {transmit the vehicle operation parameter from a vehicle attached to the vehicle tag to a supplemental responder device via the back-end application computer server} as claimed.
Conclusion
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/MARIA EL-ZOOBI/Primary Examiner, Art Unit 2692
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