Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 (i.e., changing from AIA to pre-AIA ) 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.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 10, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 27 of U.S. Patent No. 12,098,571. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claimed invention is fully disclosed by the subject matter in the reference as shown in the table below.
The mapping of claims 1, 10, and 19 of the present application to claims 1 and 27 of US Pat. No. 12,098,571 is as follows:
Instant Application
Reference
1. A vehicle vending machine, comprising: a plurality of lighting fixtures; a plurality of areas of the vehicle vending machine each having at least one lighting fixture of the plurality of lighting fixtures; and a controller connected to the plurality of lighting fixtures and configured to control the plurality of lighting fixtures to illuminate at least a portion of each of the plurality of areas.
1. A vehicle vending machine, comprising: a first delivery bay; a tower comprising a series of storage locations on different vertically arranged levels, wherein at least a portion of the series of storage locations are on at least one of the different vertically arranged levels of the tower that is vertically offset from the first delivery bay; and a lighting system comprising: a plurality of lighting fixtures; and a controller connected to the plurality of lighting fixtures, wherein the controller is configured to control operation of the plurality of lighting fixtures by controlling one or more lighting fixtures of the plurality of lighting fixtures according to a determined lighting sequence, wherein the determined lighting sequence is one of a plurality of different lighting sequences each associated with a respective one of different vehicle vending machine states.
10. A method for operating a vehicle vending machine, comprising: controlling a plurality of lighting fixtures to illuminate at least a portion of each of a plurality of areas of the vehicle vending machine wherein the plurality of areas each have at least one lighting fixture of the plurality of lighting fixtures.
27. A method for operating a vehicle vending machine, comprising: retrieving a vehicle positioned on a vehicle pallet from a storage location within a tower of the vehicle vending machine; delivering the vehicle positioned on the vehicle pallet to an appropriate delivery bay of the vehicle vending machine; and controlling one or more lighting fixtures of the vehicle vending machine according to a determined lighting sequence that is one of a plurality of different lighting sequences each associated with a respective one of different vehicle vending machine states.
19. A vehicle vending machine, comprising: means for controlling a plurality of lighting fixtures to illuminate at least a portion of each of a plurality of areas of the vehicle vending machine where the plurality of areas each have at least one lighting fixture of the plurality of lighting fixtures.
1. A vehicle vending machine, comprising: a first delivery bay; a tower comprising a series of storage locations on different vertically arranged levels, wherein at least a portion of the series of storage locations are on at least one of the different vertically arranged levels of the tower that is vertically offset from the first delivery bay; and a lighting system comprising: a plurality of lighting fixtures; and a controller connected to the plurality of lighting fixtures, wherein the controller is configured to control operation of the plurality of lighting fixtures by controlling one or more lighting fixtures of the plurality of lighting fixtures according to a determined lighting sequence, wherein the determined lighting sequence is one of a plurality of different lighting sequences each associated with a respective one of different vehicle vending machine states.
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.
Claims 1-7, 10, 11-16, and 19-25 are rejected under § 102(a)(1) as being anticipated by US Pub. No. 2013/0320864 to Yoo et al. (Yoo). For claim 1, Yoo discloses a vehicle vending machine:
a plurality of lighting fixtures (see ¶¶ [0034] & [0037] for describing multiple lights positioned in a light-installed area);
a plurality of areas (see ¶¶ [0028] & [0039] for providing that the light-installed area comprises a plurality of channels of movement which are illuminated as vehicles travel through one of the channels) of the vehicle vending machine each having at least one lighting fixture of the plurality of lighting fixtures; and
a controller (13) connected to the plurality of lighting fixtures and configured to control the plurality of lighting fixtures to illuminate at least a portion of each of the plurality of areas (see ¶¶ [0026] & [0034] for providing a light controlling apparatus for controlling a plurality of lights to illuminate vehicles as they travel through a channel of movement).
In regards to claims 2, 11, and 20, Yoo further discloses that the controller is configured control at least one lighting fixture of the plurality of lighting fixtures to illuminate at least the portion of at least one area of the plurality of areas based on movement of a vehicle relative to the least one area. See ¶ [0047-0048] & [0050] (selecting lights to be driven based on the calculated predicted channel of movement).
In regards to claim 3, 12, and 21, Yoo further discloses that the controller is configured control the plurality of lighting fixtures to illuminate at least the portion of each of the plurality of areas based on movement of a vehicle relative to at least two areas of the plurality of areas. See ¶¶ [0047-0048] & [0050] (selecting lights to be driven based on the calculated predicted channel of movement).
In regards to claims 5, 14, 23, Yoo further discloses that the plurality of areas includes at least two of a ground floor, an upper floor, a top floor, a vehicle preparation area, a loading area, a tower, a lift-able shuttle, a delivery bay, a transparent wall, a storage location, or a center portion of the tower. See ¶ [0052] (providing that the light-installed area comprises a vehicle entrance area (preparation area) and vehicle parking spaces (storage locations)).
In regards to claims 6, 15, and 24, Yoo further discloses that the controller is configured control the plurality of lighting fixtures to illuminate at least the portion of each of the plurality of areas including controlling at least one of an order of turning the plurality of lighting fixtures on and off, illuminations for the plurality of lighting fixtures, or positions for the plurality of lighting fixtures. See ¶¶ [0026] & [0034] (providing a light controlling apparatus for controlling a plurality of lights configured to power on and off as vehicles travel through a channel of movement).
In regards to claims 7, 16, and 25 Yoo further discloses that the controller is configured control the plurality of lighting fixtures to illuminate at least the portion of each of the plurality of areas such that operations of the vehicle vending machine are illuminated. See ¶¶ [0026] & [0034] (providing a light controlling apparatus for controlling a plurality of lights configured to power on and off as vehicles travel through a channel of movement).
Claim 10 is rejected under § 102(a)(1) as being anticipated by Yoo, supra. For claim 10, Yoo further discloses that a method for operating a vehicle vending machine, comprising: controlling a plurality of lighting fixtures to illuminate at least a portion of each of a plurality of areas of the vehicle vending machine wherein the plurality of areas each have at least one lighting fixture of the plurality of lighting fixtures. See ¶¶ [0026] & [0034] (providing a light controlling apparatus for controlling a plurality of lights to illuminate vehicles as they travel through a channel of movement).
Claim 19 is rejected under § 102(a)(1) as being anticipated by Yoo, supra. For claim 19, Yoo further discloses a vehicle vending machine, comprising: means for controlling a plurality of lighting fixtures to illuminate at least a portion of each of a plurality of areas of the vehicle vending machine where the plurality of areas each have at least one lighting fixture of the plurality of lighting fixtures. See ¶¶ [0026] & [0034] (providing a light controlling apparatus for controlling a plurality of lights to illuminate vehicles as they travel through a channel of movement).
Allowable Subject Matter
Claims 8, 9, 17, 18, 26, and 27 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.
Relevant Prior Art
US Pub. No. 2011/0182703 to Alan discloses an automated parking system for a parking structure includes a controller which receives a vehicle loading request from a vehicle customer. A loading bay accepts the vehicle and transfers to the parking system. Equipment is provided for transferring the vehicle horizontally and vertically through the parking system. The vehicle parking system includes a rack structure that is integrated as part of the parking structure.
US Pub. No. 2002/0164234 to Haag discloses an entry/exit station on an entrance floor of a multi-floor building, has an exterior entrance through which a vehicle is driven and an interior entrance through which a pallet is transported to a storage area. A pallet stacking station located over a shuttle aisle extending under the EES, stores the pallets. A pallet shuttle traverses the shuttle aisle to ESS for handling the unloaded pallet in the ESS and to PSS for stacking the unloaded pallet.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE LOGAN whose telephone number is (571) 270-7769. The examiner can normally be reached M-F, 9-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JACOB SCOTT can be reached at (571) 270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE O LOGAN/Primary Examiner, Art Unit 3655
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