DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice on Prior Art Rejections
2. 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 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.
Status of Claims
3. This Office Action is in response to the applicant's arguments/remarks filed June 8, 2026. Independent Claims 2 and 12 and dependent Claims 3-11 and 13-21 have been amended. Claims 2-21 are presently pending and are presented for examination.
Allowable Subject Matter
4. Claims 2-21 would be allowable if rewritten to overcome the Nonstatutory Double Patenting rejection, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments/Remarks
5. Nonstatutory Double Patenting. Applicant's arguments/amendments filed June 8, 2026 regarding the Nonstatutory Double Patenting have been fully considered. Applicant's arguments/remarks requested holding this rejection in abeyance pending resolution. Accordingly, the Nonstatutory Double Patenting rejection is maintained.
6. 35 USC § 103 rejection. Applicant's arguments/amendments filed June 8, 2026 regarding the 35 USC § 103 rejection have been fully considered. Applicant's arguments/amendments are persuasive. Accordingly, the 35 USC § 103 rejection is withdrawn.
Continuation Application
7. This application is a continuation application of U.S. Application 15/416,361, filed 01/26/2017, now U.S. Patent # 10,528,051. See MPEP §201.07. In accordance with MPEP §609.02 A. 2 and MPEP §2001.06(b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP §2001.06(b) (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Parent Application need not be resubmitted in this application unless Applicant(s) desire the information to be printed on a patent issuing from this application. See MPEP §609.02 A. 2. Finally, Applicant(s) are reminded that the prosecution history of the Parent Application is relevant in this application. See e.g., Microsoft Corp. v. Multi-Tech Sys., Inc., 357 F.3d 1340, 1350, 69 USPQ2d 1815, 1823 (Fed. Cir. 2004) (holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents).
Nonstatutory Double Patenting
8. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 10,528,051. Although the claims at issue are not identical, they are not patentably distinct from each other because they disclosed the same subject matter.
Claims 3-11 depend from claim 2 and therefore include the same limitation as claim 2 so they are rejected for the same reasons.
Claim 12 contains similar limitations as claim 2 so it is rejected for similar reasons.
Claims 13-21 depend from claim 12, and therefore include the same limitations as claim 12, so they are rejected for the same reasons.
18/924,425 (Current Application)
Patent No 10,528,051
Claim 2: A method comprising: receiving, by data processing hardware of a legged robot, sensor data indicating a first topographical feature of an environment about the legged robot;
Claim 15: A method comprising: receiving, by a control system from a sensor, sensor data that indicates a topographical feature of an environment in which a robotic device is operating;
determining, by the data processing hardware, for a foot of the legged robot, a first step path for the foot extending from a lift-off location of the foot to a touch-down location of the foot;
based on the sensor data, generating, by the control system, a topographical map that includes a plurality of cells that indicate sample heights of the topographical feature, each cell of the plurality of cells indicating two or more respective sample heights and a respective standard deviation of the respective sample heights;
determining, by the data processing hardware, using the sensor data indicating the first topographical feature, that a height of a first point along the first step path is greater than a height of a second point along the first step path, the first point and the second point associated with the first topographical feature;
determining, by the control system, a first high point corresponding to a highest sample height and the respective standard deviation of the respective sample heights indicated by one or more cells of the plurality of cells of the topographical map, wherein the one or more cells of the plurality of cells encompass a first step path through which a first foot of the robotic device is to travel;
and controlling, by the data processing hardware, the foot to lift to a swing height for the first step path based on determining that the height of the first point is greater than the height of the second point, the swing height greater than the height of the first point.
and while the robotic device is carrying out the first step path: determine whether the first high point is greater than a threshold obstacle height, the threshold obstacle height corresponding to a minimum height in the environment that causes interference with a nominal swing height of the first foot;
and when the first high point is greater than the threshold obstacle height, cause, by the control system, the robotic device to lift the first foot from a support surface to a first swing height that is higher than the first high point, swing the first foot forward, and lower the first foot to the support surface.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 LUIS MARTINEZ whose email is luis.martinezborrero@uspto.gov and telephone number is (571)272-4577. The examiner can normally be reached on Monday-Friday 8:30AM-5:00PM EST.
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, HUNTER LONSBERRY can be reached on (571)272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUIS A MARTINEZ BORRERO/Primary Examiner, Art Unit 3665
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