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.
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.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,528,454 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-14 are anticipated by claims 1-16 of U.S. Patent No. 12,528,454 B2.
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.
Claims 1-6, 8-15 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2018/0194344 A1).
As to claims 1 and 10, Wang discloses a parking support device/method for performing automatic traveling of a vehicle based on a parking operation performed in the past (Fig. 1, Abstract), the parking support device comprising: a processor (Fig. 5, 510); and a memory (Fig. 5, 516) including a computer program, the computer program causing the processor to implement processing, the processing including: storing a traveling route from the parking operation performed in the past is teacher traveling performed by a driver (Fig. 3, para. 0018); and displaying a guidance image, wherein the guidance image represents a change in an orientation of the vehicle on the traveling route (Fig. 1B, 1E).
As to claims 2 and 11, Wang further discloses wherein the parking operation performed in the past is teacher traveling performed by a driver (Fig. 3, para. 0018).
As to claims 3 and 12, Wang further discloses wherein the storing includes storing (Fig. 1E and 3) a traveling route for parking the vehicle at a parking position based on first sensor information on surroundings of the vehicle acquired by a sensor (para. 0027) mounted on the vehicle during the parking operation performed in the past, the target position (start position 102) is where the vehicle is able to move to the parking position by the automatic traveling, and the parking support method further comprises estimating a position of the vehicle and the target position based on second sensor information obtained by acquiring the surroundings of the vehicle (para. 0011, 0027).
As to claims 4 and 13, Wang further discloses wherein the target position includes a start position of the traveling route (start position 102).
As to claims 5 and 14, Wang further discloses wherein the target position includes a region in which the vehicle is able to merge into the traveling route (Fig. 1B).
As to claims 6 and 15, Wang further discloses wherein the region includes a belt-shaped region along the traveling route (Fig. 1B).
As to claims 8 and 17, Wang further discloses notifying a user that starting the automatic traveling is able to be started when the vehicle is positioned within a prescribed distance from the target position and when the orientation of the vehicle satisfies prescribed conditions (Fig. 1B).
As to claims 9 and 18, Wang further discloses controlling the vehicle to move to the target position (Fig. 1B).
Allowable Subject Matter
Claims 7 and 16 would be allowable if rewritten to overcome the Double Patenting rejection, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ce Li Li whose telephone number is (571)270-5564. The examiner can normally be reached M-F, 10AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter D Nolan can be reached at 571-270-7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CE LI . LI
Examiner
Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661