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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12249144. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims encompass and/or broader than the patented claims.
Patent claims 1–10 respectively recite the same cleaning monitoring method subject matter set forth in pending claims 1–10, including monitoring image frames for initiation of a cleaning activity, generating a pixel map representative of cleaning activity, determining whether the cleaning activity satisfies predetermined criteria, and providing a completion or corrective notification. Pending claims 1–10 are broader because they omit the recited first machine learning model and classifier limitations of the patented claims. Accordingly, the entire scope of patent claims 1–10 falls within pending claims 1–10, respectively.
Patent claims 11–15 likewise respectively recite the same computer readable medium implementation set forth in pending claims 11–15. Pending claims 11–15 merely omit certain model and classifier limitations recited in the patented claims and therefore encompass the subject matter of patent claims 11–15.
Pending claims 16–20 add to pending claim 11 the respective limitations of detecting a wiping motion, determining a position of cleaning equipment, mounting the camera to the cleaning equipment, determining a required wetness, and determining a cleaning agent type. These limitations are expressly recited in patent claims 6–10, respectively, in connection with the same cleaning monitoring process. It would have been an obvious variation to incorporate the limitations of patent claims 6–10 into the computer readable medium implementation of patent claim 11, thereby yielding the subject matter of pending claims 16–20, respectively.
Accordingly, pending claims 1–20 are not patentably distinct from claims 1–15 of U.S. Patent No. 12249144.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten, amended, or by the filling of a terminal disclaimer to overcome the rejection(s) under double patent, set forth in this Office action.
The following is an examiner’s statement of reasons for indicating allowable subject matter:
Regarding claims 1 and 11. The cited prior art fails to disclose, teach, or suggest: “the machine learning model trained to output a pixel map, the pixel map representing one or more aspects of the cleaning protocol based on the set of frames; determining whether pixels of the pixel map conform to required values of the cleaning protocol; and responsive to the pixels of the pixel map conforming to the required values of the cleaning protocol, determining that the set of frames meets criteria of the cleaning protocol” in the context of the independent claims as a whole.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WASSIM MAHROUKA whose telephone number is (571)272-2945. The examiner can normally be reached Monday-Thursday 8:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Koziol can be reached at (408) 918-7630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WASSIM MAHROUKA/Primary Examiner, Art Unit 2665
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