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 .
Response to Arguments
Regarding the previous Double Patenting rejections, Applicant’s remarks recite “The Applicant requests that the Examiner hold the double patenting rejections in abeyance until the present application is otherwise in condition for allowance.” Accordingly, the previous Double Patenting rejections are maintained.
Regarding the previous 35 USC 112(a) rejections, the previous 35 USC 112(a) rejections are withdrawn in light of the claim amendments and Applicant’s remarks. Regarding claims 4 and 14, Claims 4 and 14 recite the limitation “wherein the manipulator type comprises a sensor type, a cargo type, and an end effector type” and Applicants argue that support for claims 4 and 14 can be found in at least [18] and [120]…Example manipulators can include a conveyor, an end effector or other tool, etc. The previous 35 USC 112(a) rejection is withdrawn regarding claims 4 and 14 in light of Applicant’s remarks and that specification further recites [119] recites Each self-driving vehicle 110 can have different physical functional attributes (e.g., robotic arms with various end effectors, sensors, payload transport components, payload-carrying and conveyance mechanisms, etc.) and/or different software applications (e.g., analysis applications, image capture applications, etc.) and [120] recites An example physical functional attribute can include a manipulator that can be mounted to the self-driving vehicle 110. Accordingly, the 35 USC 112(a) rejections are withdrawn.
Regarding the previous 35 USC 112(b) rejections, the previous 35 USC 112(b) rejections are withdrawn in light of the claim amendments. Accordingly, the previous 35 USC 112(b) rejections are withdrawn.
Regarding the previous 35 USC 101 rejections, the previous 35 USC 101 rejections are withdrawn in light of the present claim amendments to independent claim 11.
Regarding the previous 35 USC 103 rejections, Applicant’s arguments on pages 16-20, filed 12/18/2025, have been fully considered and are persuasive. Accordingly, the previous 35 USC 103 rejections are withdrawn in light of Applicant’s arguments and the present claim amendments.
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.
Claim(s) 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-20 of U.S. Patent No. 12099368. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite similar subject manner with only minor differences.
Claim(s) 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-20 of U.S. Patent No. 11256270. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite similar subject manner with only minor differences.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 11 recite the limitation “the at least one communication condition is related to a degree of conformity with the vehicle characteristics required for completing the mission”. The specification does not appear to recite or describe a degree of conformity. Therefore, the specification fails to satisfy the written description requirement of 35 U.S.C. 112(a) with respect to the full scope of the claims.
Claims 1 and 11 recite the limitation “automatically adapt the contents of the communication transmission between the set of self-driving vehicles and the fleet management system according to the functionality to select one or more stored data portions from a data storage for inclusion in the communication transmission based on the functionality”. The specification does not appear to recite the contents or describe automatically adapt the contents of the communication transmission. Therefore, the specification fails to satisfy the written description requirement of 35 U.S.C. 112(a) with respect to the full scope of the claims.
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 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 11 recite the limitation "the contents". There is insufficient antecedent basis for this limitation in the claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANGELINA M SHUDY whose telephone number is (571)272-6757. The examiner can normally be reached M - F 10am - 6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at 571-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Angelina Shudy
Primary Examiner
Art Unit 3668
/Angelina M Shudy/Primary Examiner, Art Unit 3668