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 .
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No.12071253. Although the claims at issue are not identical, they are not patentably distinct from each other.
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(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hehn et al., US Pg. Pub. No. (2018/0237148) referred to hereinafter as Hehn.
As per claim 1, Hehn teaches a method comprising: determining that sensor data associated with a first propulsor of a plurality of propulsors for a vehicle satisfies at least one criterion (see at least abstract, summary, Para 247, 257, figs 3-4); and in response to a command to alter a trajectory of the vehicle and determining that the sensor data associated with the first propulsor satisfies the at least one criterion, switching from a first control allocation to control the plurality of propulsors to a second control allocation to control the plurality of propulsors, the first control allocation differing from the second control allocation for the command (see at least abstract, summary, Para 44-45, 49, 247-257, figs 3-4).
As per claim 2, Hehn teaches a method of claim 1, wherein the first control allocation provides first torque to a first set in the plurality of propulsors and wherein the second control allocation provides second torque to a second set of the plurality of propulsors, wherein the first set includes the first propulsor, and wherein the second set excludes the first propulsor (see at least abstract, summary, Para 0155).
As per claim 3, Hehn teaches a method of claim 1, wherein the sensor data comprises torque data (see at least abstract, summary, Para 0155, 158-172).
As per claim 4, Hehn teaches a method of claim 1, wherein the sensor data is a function of a first motor of a plurality of motors of the first propulsor (see at least abstract, summary, Para 0155, 183, 134).
As per claim 5, Hehn teaches a method of claim 1, wherein the sensor data is a function of a first inverter of a plurality of inverters of the first propulsor (see at least abstract, summary, Para 0155, 183, 189).
As per claim 6, Hehn teaches a method of claim 1, wherein determining that the sensor data associated with the first propulsor satisfies at least one criterion comprises determining that residual data satisfies the at least one criterion, the residual data defined a function of the sensor data and predicted data (see at least abstract, summary, Para 39, 44, 72).
As per claim 7, Hehn teaches a method of claim 1, wherein the second control allocation is used to control a subset of the plurality of propulsors, wherein the subset excludes the first propulsor (see at least abstract, summary, Para 0155, 158-172).
As per claim 8, Hehn teaches a method of claim 1, wherein the sensor data comprises first sensor data at a first time and second sensor data at a second time (see at least abstract, summary, Para 0155, 158-172).
As per claim 9, Hehn teaches a method of claim 1 further comprising: generating the command as a function of a pilot input for the vehicle (see at least abstract, summary, Para 0155, 158-172).
As per claims 10-20, the limitations of claims 10-20 are similar to the limitations of claims 1-9, therefore they are rejected based on the same rationale.
Conclusion
Please refer to form 892 for cited references.
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/MUSSA A SHAAWAT/Primary Examiner, Art Unit 3665