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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is
directed to the apparatus and method for controlling an operating room without
significantly more.
The independent claim 1 recited the claim "prior to said traveler being picked up by the first vehicle, …” and “determining how said first vehicle will pass through the intersection …” and adjusting signaling at said intersection to allow ….”.
The independent 12 recited the claim “receiving a location and direction of travel transmission from said mobile communication device …”, and “detecting a second vehicle approaching said intersection”.
This judicial exception are not integrated into a practical application because there are no structures of what and how to determining the priority and approaching the intersection ?, and who receiving the location and direction of travel ?, and finally who and how to adjusting the signal at the intersection ?.
determine the relative position therebetween. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial
exception because the claim limitations in claims 1 and 12 are being treated as reciting an abstract idea.
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. US 11,295,612 and claims 1-16 of U.S. Patent No. 12,165,509. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S Patent No. US 11,295,612 and 12,165,509 fully encompass, and therefore anticipate the independent claims 1 and 10 accordingly, and wherein the claim “a second vehicle” is inherently meet plurality of travelers with the mobile communication device or the traveler, respectively. And the claims “adjusting signaling at said intersection to allow said first vehicle to pass through said intersection before said second vehicle” is met by adjusting signaling at said intersection to allow more of said travelers to pass through said intersection without stopping than are stopped by said signaling at said intersection, and/or adjusting signaling at said intersection to stop said motorized vehicle from entering said intersection and allow said traveler to pass through said intersection without slowing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yoshikawa et al discloses an indicating apparatus for preventing vehicles from colliding as they pass through an intersection having visual obstructions, the intersection including a first road on which vehicles do not stop before passing through the intersection and a second road on which vehicles must temporarily stop before entering the intersection, the apparatus comprising: vehicle sensing means located along the first road a predetermined distance from said intersection for detecting vehicles approaching said intersection on the first road; and control means for causing said alarm indicating means to actuate an alarm for a predetermined interval of time after said vehicle sensing means detects a first vehicle approaching said intersection on the first road and for causing said alarm indicating means to continue actuating said alarm if said vehicle sensing means detects a second vehicle approaching said intersection on the first road before said first vehicle has passed said intersection. [US 5,448,219]
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/VAN T TRIEU/
Primary Examiner, Art Unit 2685
04/06/2026