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 .
Status of the Claims
This action is in response to the applicant’s filing on December 23, 2024. Claims 1-17 are pending and are examined below.
Priority
Acknowledgment is made of applicant’s claim for foreign priority to Japanese Patent No. JP 2020-015715, filed January 31, 2020.
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 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12221127 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim sets are directed to nearly identical subject matter, namely, controlling power supply for a vehicle interface according to a sleep mode, a driving mode, and a wake mode, with only minor and obvious differences.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Niu et al., US 20210025365 A1, discloses an autonomous vehicle can be operated in various modes wherein each mode may require different power.
Hadi et al., US 20200264634 A1, discloses a vehicle can be retrofitted with additional components that can enable semi-autonomous operation of a vehicle’s speed, braking, and steering.
Skaaksrud, US 20190283239 A1, discloses certifying various modular components of an autonomous vehicle in order to confirm compatibility of components.
Gibson, US 20160114792 A1, discloses a vehicle can be operated in various modes wherein changes in mode are delayed by an amount of time to prevent unneeded or unintentional mode changes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lail Kleinman whose telephone number is (571)272-6286. The examiner can normally be reached on M-F 8:00-5:00.
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/LAIL A KLEINMAN/Primary Examiner, Art Unit 3668