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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/096,284, filed on 4/25/2027.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 1/31/2025 comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No. US 12,174,007 B2 (‘007 herein after). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1 patent ‘007 teaches projecting, by the light source, a pattern of light onto a surface of the tire; imaging, by the detector, at least of portion of the projected pattern reflected from the surface of the tire; determining relative movement between the apparatus and the tire and generating signal data representing the relative movement between the apparatus and the tire; and generating the three-dimensional topological surface profile of the tire using data obtained from an image of the surface of the tire and the signal data. (Claims 1, 11, 14 & 16)
Regarding claim 2 patent ‘007 teaches identifying tire side walls by analyzing a directionality of the relative movement represented by the signal data to determine a position of an outer edge and an inner edge of the tire. (Claims 10, 17)
Regarding claims 3 & 15 patent ‘007 teaches projecting the pattern of light so that the pattern of light is oriented in a direction transverse to a direction of said relative movement.
Regarding claims 3 & 11 patent ‘007 teaches the projected pattern of light is oriented in a direction transverse to a direction of said relative movement. (Claims 1, 9 & 14).
Regarding claims 4 & 12 patent ‘007 teaches determining wheel alignment information of the tire; wherein the wheel alignment information indicates the alignment of the tire relative to a fixed frame of reference; and wherein the wheel alignment information is determined based on the generated three-dimensional topological surface profile of the tire. (Claims 1, 14, 21)
Regarding claim 5 patent ‘007 teaches communicating measurement data from the apparatus to an external device, wherein the measurement data comprises imaging data obtained by the detector and the signal data representing the relative movement between the apparatus and the tire. (Claims 2, 14, 21)
Regarding claim 6 patent 007 teaches receiving at least one of: i) vehicle information relating to a vehicle on which the tire is mounted or is mountable; and ii) tire information relating to the tire. (Claims 18, 22)
Regarding claim 7 patent 007 teaches receiving the vehicle information or the tire information from a database that is external from the apparatus. (Claims 19, 23).
Regarding claim 8 patent 007 teaches measurement data comprising imaging data obtained by the detector and the signal data and ii) at least one of the vehicle information and the tire information to determine at least one of: the three-dimensional topological surface profile of the tire; wheel alignment information; tire inflation information; and stopping distance information. (Claims 11, 20, 21, 24)
Regarding claim 9 patent 007 teaches a light source configured to project a pattern of light onto a surface of the tire; and a detector configured to image at least of portion of the projected pattern reflected from the surface of the tire; wherein the apparatus is configured to determine relative movement between the apparatus and the tire and to generate signal data representing the relative movement between the apparatus and the tire; and the apparatus further comprises at least one processor configured to generate the three-dimensional topological surface profile of the tire using data obtained from an image of the surface of the tire and the signal data. (Claims 1, 9, 14)
Regarding claim 10 patent 007 teaches the at least one processor is further configured to identify tire side walls by analyzing the directionality of the relative movement represented by the signal to determine the position of an outer edge and an inner edge of the tire. (Claims 16, 17)
Regarding claims 14 & 16 patent 007 teaches the apparatus comprises a hand-held device. (Claims 1-25)
Regarding claim 13 patent 007 teaches wherein the device is configured to project a pattern of light onto a surface of the tire, the device comprising: a detector configured to image at least of portion of the projected pattern reflected from the surface of the tire; a rotary encoder configured to determine relative movement between the device and the tire; and a wireless transceiver configured to communicate with an external device to provide measurement data to the external device, wherein the measurement data comprises imaging data obtained by the detector and signal data generated by the rotary encoder. (Claims 1, 14)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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, Kristina M Deherrera can be reached on (303) 297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855
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