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 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 12,202,447. Although the claims at issue are not identical, they are not patentably distinct from each other because patent claims anticipate application claims.
Patent 12,202,447 Claim 1 (and corresponding independent claims 9, 16)
A vehicle sensor system comprising:
a memory; and a processor coupled to the memory, the processor configured to:
receive, from a temperature monitor, temperature of a sensor of a vehicle,
in response to the temperature of the sensor being less than a threshold temperature:
heat a cleaning fluid, and
initiate a cleaning cycle and direct the heated cleaning fluid to the sensor
Application Claim 1 (and corresponding independent claims 11, 12)
A vehicle sensor system comprising:
a memory; and a processor coupled to the memory, the processor configured to:
receive, from a temperature monitor, a temperature of a sensor of a vehicle, and
in response to the temperature of the sensor being greater than at least one threshold temperature:
determine to initiate a cleaning cycle that cools a cleaning fluid,
set a component element of the cleaning fluid and a temperature of the cleaning fluid corresponding the cleaning cycle determined to initiate, and direct the cooled cleaning fluid to the sensor.
More specific patent claims 1 and 9, 16 encompasses application claims 1, 11, and 12. Although Patent claims heating a cleaning fluid and application claims cooling a liquid, it would have been obvious to one of ordinary skill in the art at the time of invention to include different temperatures since this is well within the scope of invention of having a temperature threshold for the sensors.
Claims 2-10 are similarly rejected on the ground of nonstatutory obviousness-type double patenting as being unpatenable over claims 2-8 of U.S. Patent# 12,202,447. Although the conflicting claims are not identical, they are not patentably distinct from each other for the same reason mentioned above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAE LENNY LOUIE whose telephone number is (571)272-5195. The examiner can normally be reached M-F 6AM-3PM.
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/W.L.L/Examiner, Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661
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