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 1-18 of U.S. Patent No. 12,448,029. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the present application recites a steering control device, comprising: an input-side steering control module controlling an input-side steering motor to assist an input-side mechanism mechanically separated from an output-side mechanism connected with a wheel and connected with a steering wheel, wherein the input-side steering control module includes a repulsive force controller controlling a repulsive force of the input-side steering motor based on a steering assist current related to the input-side steering motor and an operation state of the input-side steering control module.
Claim 1 of patent 12,448,029 discloses a steering control device, which controls an input-side steering motor included in an input-side steering actuator to assist an input-side mechanism connected to a steering wheel and controls an output-side steering motor included in the output-side steering actuator to assist an output-side mechanism mechanically separated from the input-side mechanism and connected to a wheel, comprising: a determiner configuring to determine whether of performing a ground checking based on vehicle state information; and a diagnostic controller configuring to, if the determiner determines to perform the ground checking, analyze a response of the output-side steering actuator according to an input value of the output-side steering motor in a frequency domain, and compares an analysis result with preset normal data to diagnose a steering system, wherein the diagnostic controller is configured to compare the preset normal data with at least one of a gain margin and a phase margin analyzed through a transfer function based on an output value of the output-side steering motor according to a sine input value of the output-side steering motor, and diagnose the steering system according to a comparison result.
Though the claims are not identical, they are not patentably distinct because claim 1 of the present application is included in claim 1 of patent “029”. Therefore, it is well settled that the omission of an element, and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element of step whose function is not needed would be obvious to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Oida et al. (U.S. Pub No. 20100222960) disclose A vehicle driving operation support apparatus for a vehicle, includes a sensing section to sense a traveling condition of the vehicle including a surrounding condition inclusive of an obstacle around the vehicle; and a control section to calculate a risk potential for the vehicle in accordance with the traveling condition. The control section performs a support control to support the driver in accordance with the risk potential, performs a first assist control to restrain disturbance (such as vibration from a road) transmitted to the driver in accordance with the risk potential, and performs a second assist control to produce inducement simulating a condition change (such as a vehicle behavior) attributable to an increase of the risk potential, in accordance with the risk potential. The control section further performs a cooperation control to coordinate the first assist control and the second assist control.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERTRUDE ARTHUR JEANGLAUDE whose telephone number is (571)272-6954. The examiner can normally be reached Monday-Thursday, 7:30-8:00 EST.
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/GERTRUDE ARTHUR JEANGLAUDE/ Primary Examiner, Art Unit 3661
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