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 non-statutory 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 non-statutory obviousness-type 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); and 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 a non-statutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-15 are rejected on the ground of non-statutory double patenting over claims 1 and 13 of U.S. Patent No. 12,210,991 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
Claims of instant App. dated 12/12/2024
Claims of US Pat. No. 12,210,991
Independent claim 1 Independent claims 15
Independent claim 1 Independent claim 13
The apparatus (claim 1) of U.S. Patent No. 12,210,991 is configured with the functionality to perform the corresponding functions described by the apparatus (claim 1) of the instant application. The system (claim 13) of U.S. Patent No. 12,210,991 are configured with the functionality to perform the corresponding functions described by the system (claim 15) of the instant application.
The chart above maps claims of the instant application to corresponding claims of U.S. Patent 12,210,991 that are patentably indistinct, though not identical. One of ordinary skill in the art would have recognized the slight differences between the claim language of the corresponding claims as being directed towards intention, slight variations in terminology, or obvious variants of corresponding claim elements, and therefore these claims are not patentably distinct from one another despite these slight differences. Accordingly, claims 1 and 15 of the instant application would have been deemed obvious in view of the above-noted claims of the ‘676 patent since "anticipation is the epitome of obviousness." See In re Kalm, 378 F.2d 959, 962 (CCPA 1967).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Tan; Huan. SYSTEM AND METHODS FOR ROBOTIC AUTONOMOUS MOTION PLANNING AND NAVIGATION, .U.S. PGPub 20190219409 The subject matter disclosed herein relates to task planning and navigation of a robot in an occupied environment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arif Ullah, whose telephone number is (571) 270-0161. The examiner can normally be reached from Monday to Friday between 9 AM and 5:30 PM.
If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Beth Boswell, can be reached at (571) 272-6737. The fax telephone numbers for this group are either (571) 273-8300 or (703) 872-9326 (for official communications including After Final communications labeled “Box AF”)./Arif Ullah/Primary Examiner, Art Unit 3625