DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA . This Office action is in response to the application received on 09 September 2024. Claims 1-77 are pending.
Priority
The claims for the benefit of prior-filed applications under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) are acknowledged. The prior art of record in the parent applications has been reviewed.
Information Disclosure Statement
The IDS received on 09 September 2024 has been considered.
Double Patenting
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-77 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-82 of prior U.S. Patent No. 12,084,063 (Potnis et al.). This is a statutory double patenting rejection.
Although the Potnis patent uses different language in some instances (for example, claim 1 of Potnis recites "a processor disposed at the vehicle" and "at least one other seat of the vehicle," while claim 1 of the present application recites "an electronic control unit (ECU) disposed at the vehicle, wherein the ECU includes a processor" and "a passenger seat of the vehicle"), the claims of the present application are considered to be directed to the same invention as the Potnis patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Todd Melton whose telephone number is (571)270-3871. The examiner can normally be reached weekdays, 9:30am - 6:00pm (Eastern time). 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, Navid Mehdizadeh can be reached at 571-272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TODD MELTON/Primary Examiner, Art Unit 3669