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 .
Response to Amendment
Amendment to claims 21, 29 and 37 submitted on 04/28/2026 is acknowledged and considered, “transmitting, to the autonomous mobile machine, a message indicating a selected one of the one or more waypoints and a corresponding surveillance task, the message being configured to control the autonomous mobile machine to move to the selected waypoint and perform the corresponding surveillance task” is not an abstract idea. Therefore, rejection presented under 35 USC 101 to claims 21-40 is withdrawn.
Response to Arguments
Applicant’s arguments, filed 04/28/2026, with respect to double patenting rejection of claims 21-40 have been fully considered but are not persuasive. Applicant stated:
The amended independent claims 21, 29, and 37 recite a specific closed-loop architecture in which a selected one of the one or more randomized waypoints and a corresponding surveillance task are transmitted to the autonomous mobile machine in a single control message, and in which a different randomized waypoint is selected and transmitted in response to receipt of a per-waypoint completion indication from the autonomous mobile machine. The reference claims of U.S. Patent No. 12,162,157 do not recite this specific iterative, single-waypoint, message-based control architecture
Examiner respectfully disagrees. Claim 1 of reference patent 12,162,157 states:
transmit, via a network, to the autonomous mobile machine in response to the random waypoint being selected, a first message indicating the random waypoint and the first surveillance task. Therefore, a selected one of the one or more randomized waypoints and a corresponding surveillance task are transmitted to the autonomous mobile machine in a single control message.
Furthermore, reference patent states: select a subsequent random waypoint of the plurality of waypoints for the autonomous mobile machine to surveil in response to receiving the indication that the autonomous mobile machine has completed the surveillance task at the random waypoint,
wherein the subsequent random waypoint is different from the random waypoint. Therefore, a different randomized waypoint is selected and transmitted in response to receipt of a per-waypoint completion indication from the autonomous mobile machine
Therefore, claims of instant application are not deemed distinct from claims of reference patent. Therefore, rejection of claims 21-40 is maintained.
State of Prior Art
Amendment to claims 21, 29 and 37 have been considered and Dey does not teach all the limitations of amended claims, specifically:
transmit, to the autonomous mobile machine, a message indicating a selected one of the one or more waypoints and a corresponding surveillance task of the one or more surveillance tasks…
…in response to receiving the indication, select a different one of the one or more waypoints based on the randomization and transmit a subsequent message to the autonomous mobile machine indicating the different waypoint
No art was found through further search that teaches or suggests or renders obvious the
limitations above in combination with the other elements of the claims. Therefore, claims 21, 29 and 37 are deemed novel. Hence prior art rejection of claims 21-40 is withdrawn.
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.
Claim 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-23 of U.S. Patent No. 12,162,157. Although the claims at issue are not identical, they are not patentably distinct from each other because.
Claim of instant application 18946620
Claim of US patent 12162157
21. A security system, comprising:
a memory storing instructions; and
one or more processors coupled with the memory and configured to:
determine a patrol area in a facility for an autonomous mobile machine to surveil;
assign the autonomous mobile machine to the patrol area;
set one or more waypoints in the patrol area, the one or more waypoints being selected based on a randomization performed by the one or more processors;
determine one or more surveillance tasks for the autonomous mobile machine; and
transmit, to the autonomous mobile machine, a message indicating a selected one of the one or more waypoints and a corresponding surveillance task of the one or more surveillance tasks, the message being configured to control the autonomous mobile machine to move to the selected waypoint and perform the corresponding surveillance task;
receive, from the autonomous mobile machine, an indication that the autonomous mobile machine has completed one or more surveillance tasks at at least one of the one or more waypoints.
in response to receiving the indication, select a different one of the one or more waypoints based on the randomization and transmit a subsequent message to the autonomous mobile machine indicating the different waypoint
1. A security system, comprising:
a memory storing instructions; and
one or more processors coupled with the memory and configured to:
select a random waypoint from a plurality of waypoints in a facility for an autonomous mobile machine to surveil;
determine, based on the random waypoint, a first surveillance task to be performed by the autonomous mobile machine at the random waypoint;
transmit, via a network, to the autonomous mobile machine in response to the random waypoint being selected, a first message indicating the random waypoint and the first surveillance task, wherein the first message is configured to control the autonomous mobile machine to move to the random waypoint and perform the first surveillance task;
receive, via the network, from the autonomous mobile machine in response to the first message being transmitted, an indication that the autonomous mobile machine has completed the first surveillance task at the random waypoint;
select a subsequent random waypoint of the plurality of waypoints for the autonomous mobile machine to surveil in response to receiving the indication that the autonomous mobile machine has completed the surveillance task at the random waypoint,
wherein the subsequent random waypoint is different from the random waypoint; and
transmit, via the network, to the autonomous mobile machine in response to the subsequent random waypoint being selected in response to receiving the indication that the autonomous mobile machine has completed the surveillance task at the random waypoint, a second message indicating the subsequent random waypoint, wherein the second message is configured to control the autonomous mobile machine to move to the subsequent random waypoints
wherein each waypoint of the plurality of waypoints corresponds to a respective index value of a plurality of index values and the plurality of waypoints corresponds to a randomly selected number.
22. The security system of claim 21, wherein the one or more processors is further configured to:
determine the patrol area for the autonomous mobile machine based on a set of waypoints of the one or more waypoints.
12162157 does not claim determine the patrol area for the autonomous mobile machine based on a set of waypoints of the one or more waypoints
Deyle teaches determine the patrol area for the autonomous mobile machine based on a set of waypoints of the one or more waypoints (disclosing path of a patrolling robot can also be determined for unknown or unmapped areas, for instance by determining a series of waypoints for the robot to follow, by scanning the area to identify nearby paths and obstacles. Hence patrolling area is determined by determining a series of waypoints because waypoints of patrolling route define patrolling area. Furthermore, [0122], disclosing patrol routes are randomly selected i.e., waypoints are randomly selected and as waypoints define patrol route, the area for patrol area is defined by waypoints)
It would have been obvious to one having ordinary skill in the art to modify 12162157 to determine the patrol area for the autonomous mobile machine based on a set of waypoints of the one or more waypoints as taught by Deyle to define patrol area.
23. The security system of claim 21, wherein each of the one or more waypoints corresponds to a respective index value of a plurality of index values, and
wherein the one or more processors sets the one or more waypoints based on a random selection of the respective index value from the plurality of index values.
1… wherein each waypoint of the plurality of waypoints corresponds to a respective index value of a plurality of index values and the plurality of waypoints corresponds to a randomly selected number
24. The security system of claim 21, wherein the one or more processors is further configured to:
determine the one or more surveillance tasks to be performed by the autonomous mobile machine at the at least one of the one or more waypoints, in response to the one or more waypoints being selected; and
transmit data indicating the one or more surveillance tasks to the autonomous mobile machine.
1… determine, based on the random waypoint, a first surveillance task to be performed by the autonomous mobile machine at the random waypoint;
transmit, via a network, to the autonomous mobile machine in response to the random waypoint being selected, a first message indicating the random waypoint and the first surveillance task, wherein the first message is configured to control the autonomous mobile machine to move to the random waypoint and perform the first surveillance task
25. The security system of claim 24, wherein the one or more processors is further configured to:
determine the one or more surveillance tasks based on an alert from an initiating device of the security system or an indication from a monitoring station.
4. The security system of claim 1, wherein to determine the first surveillance task, the one or more processors is further configured to:
determine the first surveillance task based on one or more of a default surveillance task corresponding to the random waypoint, an alert from an initiating device of the security system, or an indication from a monitoring station
26. The security system of claim 21, wherein the one or more surveillance tasks comprise one or more of capturing audio, image, or video samples or initiating a sensor of the autonomous mobile machine.
5. The security system of claim 1, wherein the first surveillance task comprises one or more of capturing audio, image, or video samples at the random waypoint, or initiating a sensor of the autonomous mobile machine
27. The security system of claim 21, wherein the one or more processors is further configured to:
transmit, to the autonomous mobile machine, an indication of a map of the facility and the one or more waypoints, wherein the one or more waypoints are selected subsequent to the indication being transmitted.
6. The security system of claim 1, wherein the one or more processors is further configured to:
transmit, to the autonomous mobile machine, an indication of a map of the facility and the plurality of waypoints, wherein the random waypoint and the subsequent random waypoint are selected subsequent to the indication being transmitted
28. The security system of claim 21, wherein the one or more processors is further configured to:
transmit, to the autonomous mobile machine, a timing indication indicating a time for the autonomous mobile machine to arrive or remain at the one or more waypoints.
7. The security system of claim 1, wherein the one or more processors is further configured to:
transmit, to the autonomous mobile machine, a respective timing indication indicating a time for the autonomous mobile machine to arrive or remain at the random waypoint and/or the subsequent random waypoint
Claims 29-36 and 37-38 recite limitations similar in scope to claims 21-28, hence are similarly rejected.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 ARSLAN AZHAR whose telephone number is (571)270-1703. The examiner can normally be reached Mon-Fri 7:30 - 5:30.
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/ARSLAN AZHAR/Examiner, Art Unit 3656
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