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 .
DETAILED ACTION
Claims 1, 3-6, 8-9, 11-14, 16-19, 21-22, 24-26 are presented for examination.
Information Disclosure Statement
The IDS filed on 2/26/2025 are considered.
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, 3-6, 8-9, 11-14, 16-19, 21-22, 24-26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 10-17, 19-20, 22-24 of U.S. Patent No. 12,156,072. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims of this instant application are anticipated by the patented claims.
Pending claims
Patented claims
Correspondence
1
1
Anticipated by patent claim 1
3
2
Anticipated by patent claim 2
4
3
Anticipated by patent claim 3
5
4
Anticipated by patent claim 4
6
5
Identical claim
8
7
Identical claim
9
8
Identical claim
11
10
Identical claim
12
11
Identical claim
13
12
Identical claim
14
13
Anticipated by patent claim 13
16
14
Identical claim
17
15
Anticipated by patent claim 15
18
16
Identical claim
19
17
Identical claim
21
19
Identical claim
22
20
Identical claim
24
22
Identical claim
25
24
Anticipated by patent claim 24
26
23
Identical claim
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6, 8, 13-14, 19, 21 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duan et al (Duan), US 2015/0120087.
Duan is cited by the applicant in the IDS.
As per claim 1, Duan teaches the invention including a method for data management of vehicle data for communication to a remote location, the method comprising:
Obtaining one or more sensor data feeds from one or more onboard sensors of a vehicle (pp. 0029-0032, 0057);
Generating a forecast network condition for a network with which the vehicle is in operative communication, the forecast network condition representing predicted network resources the network is predicted to provide to the vehicle (pp. 0040, 0043-0045);
Providing the forecast network condition to a compression engine (pp. 0048); and
Compressing the one or more sensor data feeds into a compressed data feed for communication over the network to a remote location, wherein the compressed data feed is compressed based on the forecast network condition (pp. 0048, 0053-0055, 0066).
As per claim 6, Duan teaches the invention as claimed in claim 1. Duan further teaches wherein the forecast network condition is generated based on predictive input data (pp. 0045, 0048).
As per claim 8, Duan teaches the invention as claimed in claim 1. Duan further teaches wherein a data rate of the compressed data feed comprises a predefined portion of a data rate of the predicted network resources represented by the forecast network condition (pp. 0048).
As per claim 13, Duan teaches the invention as claimed in claim 1. Duan further teaches wherein the forecast network condition represents predicted network resources the network is predicted to provide to the vehicle at least one time and at least one place along a predetermined path of the vehicle (pp. 0045).
As per claim 14, Duan teaches the invention including an onboard vehicle system for generating forecast network conditions for data management of sensor data at a vehicle data, the onboard vehicle system comprising:
At least one sensor that generates a sensor data feed (pp. 0029-0032, 0057);
A communication module in operative communication with a network (pp. 0032);
A network prediction module operative to generate a forecast network condition for the network with which the communication module is in operative communication, the forecast network condition representing predicted network resources the network is predicted to provide to the vehicle (pp. 0040, 0043-0045); and
A compression engine operative to compress the sensor data feeds, wherein the compression engine receives the forecast network condition and compresses the sensor data feed based on the forecast network condition for communication of a compressed sensor data feed by the communication module to a remote location via the network (pp. 0048, 0053-0055, 0066).
As per claim 19, Duan teaches the invention as claimed in claim 14. Duan further teaches wherein the forecast network condition is generated based on predictive input data (pp. 0045, 0048).
As per claim 21, Duan teaches the invention as claimed in claim 14. Duan further teaches wherein a wherein a data rate of the compressed data feed comprises a predefined portion of a data rate of the predicted network resources represented by the forecast network condition (pp. 0048).
As per claim 26, Duan teaches the invention as claimed in claim 14. Duan further teaches wherein the forecast network condition represents predicted network resources the network is predicted to provide to the vehicle at least one time and at least one place along a predetermined path of the vehicle (pp. 0045).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3-5 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan et al (Duan), US 2015/0120087, in view of Coughran et al (Coughran), US 10,956,855.
As per claim 3, Duan teaches the invention as claimed in claim 1. Duan does not teach to comprise:
Aggregating the one or more sensor data feeds at a control module of the vehicle to generate the aggregated data feed.
Coughran teaches to aggregate the one or more sensor data feeds at a control module of the vehicle to generate the aggregated data feed (col.19, lines 55-61, col.28, lines 7-12, 30-50). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Duan and Coughran and collect, aggregate sensor data and communicate the aggregated sensor data directly with API to enable sensor-based augmented algorithmic learning to optimize route calculation.
As per claim 4, Duan and Coughran teach the invention as claimed in claim 3. Duan further teaches wherein the aggregating comprises assigning variable data rates to apply different compression of the one or more compressions to each of at least two of the one or more sensor data feeds based on the forecast network condition (pp. 0048: higher compression efficiency or lower compression efficiency based on predicted connection quality determined from sensor data).
As per claim 5, Duan and Coughran teach the invention as claimed in claim 4. Duan further teaches wherein the variable data rates are assigned to the one or more sensor data feeds based on an operational condition of the vehicle representing the state of the vehicle or of a component of the vehicle (pp. 0048-0052).
As per claim 16, Duan teaches the invention as claimed in claim 14. Duan does not teach to comprise:
A control module operative to aggregating a plurality of sensor data feeds to generate the aggregated data feed.
Coughran teaches to aggregate a plurality of sensor data feeds at a control module of the vehicle to generate the aggregated data feed (col.19, lines 55-61, col.28, lines 7-12, 30-50). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Duan and Coughran and collect, aggregate sensor data and communicate the aggregated sensor data directly with API to enable sensor-based augmented algorithmic learning to optimize route calculation.
As per claim 17, Duan and Coughran teach the invention as claimed in claim 16. Duan further teaches wherein the aggregating comprises assigning variable data rates to apply different compression of the one or more compressions to each of at least two of the one or more sensor data feeds based on the forecast network condition (pp. 0048: higher compression efficiency or lower compression efficiency based on predicted connection quality determined from sensor data).
As per claim 18, Duan and Coughran teach the invention as claimed in claim 17. Duan further teaches wherein the variable data rates are assigned to the one or more sensor data feeds based on an operational condition of the vehicle representing the state of the vehicle or of a component of the vehicle (pp. 0048-0052).
Claim(s) 9, 12, 22, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan et al (Duan), US 2015/0120087, in view of Christomanos, US 2018/009121.
As per claim 9, Duan teaches the invention as claimed in claim 1. Duan does not further teach to comprise:
Monitoring the forecast network condition in relation to a minimum network condition representing a predefined threshold level of network resources; and
Triggering a safety condition in response to the predicted network resources of the forecast network condition dropping below the predefined threshold level of network resources.
Christomanos teaches to monitor the forecast network condition in relation to a minimum network condition representing a predefined threshold level of network resources; and trigger a safety condition in response to the predicted network resources of the forecast network condition dropping below the predefined threshold level of network resources (pp. 0058-0067). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Duan and Christomanos and implement the autonomous vehicle to initiate a safety procedure when the network resources fall below a threshold level and remote operating instructions are no longer executable.
As per claim 12, Duan teaches the invention as claimed in claim 1. Duan does not further teach wherein the remote location comprises:
A remote terminal configured to provide remote control of the vehicle to a remote operator; or
A remote autonomous operation system configured to remotely control the vehicle.
Christomanos teaches the remote location to comprise: a remote terminal configured to provide remote control of the vehicle to a remote operator (pp. 0035-0038). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Duan and Christomanos and allows remote operation intervention to control and operate the vehicle by sending operation instructions via network communication.
As per claim 22, Duan teaches the invention as claimed in claim 14. Duan does not further teach wherein the compression engine is operative to:
Monitor the forecast network condition in relation to a minimum network condition representing a predefined threshold level of network resources; and
Trigger a safety condition in response to the predicted network resources of the forecast network condition dropping below the predefined threshold level of network resources.
Christomanos teaches to monitor the forecast network condition in relation to a minimum network condition representing a predefined threshold level of network resources; and trigger a safety condition in response to the predicted network resources of the forecast network condition dropping below the predefined threshold level of network resources (pp. 0058-0067). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Duan and Christomanos and implement the autonomous vehicle to initiate a safety procedure when the network resources fall below a threshold level and remote operating instructions are no longer executable.
As per claim 25, Duan teaches the invention as claimed in claim 14. Duan does not further teach wherein the remote location comprises:
A remote terminal configured to provide remote control of the vehicle to a remote operator; or
A remote autonomous operation system configured to remotely control the vehicle.
Christomanos teaches the remote location to comprise: a remote terminal configured to provide remote control of the vehicle to a remote operator (pp. 0035-0038). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Duan and Christomanos and allows remote operation intervention to control and operate the vehicle by sending operation instructions via network communication.
Claim(s) 11 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan et al (Duan), US 2015/0120087, in view of obviousness.
As per claim 11, Duan teaches the invention as claimed in claim 1. Duan does not further teach to comprise:
Providing at least the forecast network condition and an actual network condition for a given time to a training module; and
Refining a predictive model used to generate the forecast network condition based on at least the forecast network condition and the actual network condition for the given time.
However, it is obvious to compare the predicted data with the actual data to adjust the prediction algorithm for improvement. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Duan and further improve the system and its algorithm by finetuning the network forecast determination process by comparing predicted data with the actual data and constantly improve the data pools to yield better and more precise data predictions.
As per claim 24, Duan teaches the invention as claimed in claim 14. Duan does not further teach to comprise:
A training module operative to receive at least the forecast network condition and an actual network condition for a given time to refine a predictive model used by the network prediction module to generate the forecast network condition based on at least the forecast network condition and the actual network condition.
However, it is obvious to compare the predicted data with the actual data to adjust the prediction algorithm for improvement. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Duan and further improve the system and its algorithm by finetuning the network forecast determination process by comparing predicted data with the actual data and constantly improve the data pools to yield better and more precise data predictions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Santamala et al, US 2022/0198839
A shortened statutory period for reply to this Office action is set to expire Three MONTHS from the mailing date of this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNY S LIN whose telephone number is (571) 272-3968.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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KENNY S. LIN
Examiner
Art Unit 2416
/Kenny S Lin/
Primary Examiner, Art Unit 2416
October 5, 2026
