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 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.
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Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 6 of U.S. Patent No. 12,227,226. Although the claims at issue are not identical, they are not patentably distinct from each other because the noted claims comprise generally the same scope and do not appear to have any clear patentable distinctions as evident by the following side by side comparison.
US 19/006,592 Claims
1. A control apparatus comprising a controller which executes a collision avoidance control to avoid a collision between a host vehicle and a frontward vehicle by controlling an actuator of said host vehicle for said collision avoidance control, when there is a high probability that said host vehicle collides with said frontward vehicle,
wherein, said controller is configured to:
obtain an expected moving direction of said frontward vehicle; prohibit executing said collision avoidance control when said expected moving direction of said frontward vehicle is a direction which is the same as a planned collision avoidance direction of said host vehicle by said collision avoidance control; and
set a control start condition to start said collision avoidance control, when said expected moving direction of said frontward vehicle is a direction which is different from said planned collision avoidance direction of said host vehicle by said collision avoidance control, to a condition that becomes satisfied at a later timing as compared to a case in which said expected moving direction of said frontward vehicle is unable to be obtained.
2. The control apparatus according to claim 1, wherein, said controller is configured to obtain said expected moving direction of said frontward vehicle based on a direction indicated by turn indicators of said frontward vehicle that are blinking.
3. The control apparatus according to claim 2, wherein, said controller is configured to be unable to obtain said expected moving direction of said frontward vehicle, when neither a left turn indicator of said turn indicators nor a right turn indicator of said turn indicators is blinking, and when both of said left turn indicator and said right turn indicator are blinking.
4. A control method to execute a collision avoidance control to avoid a collision between a host vehicle and a frontward vehicle by controlling an actuator of said vehicle for said collision avoidance control, when there is a high probability that said host vehicle collides with said frontward vehicle, comprising;
a step of obtaining an expected moving direction of said frontward vehicle;
a step of prohibiting executing said collision avoidance control when said expected moving direction of said frontward vehicle is a direction which is the same as a planned collision avoidance direction of said host vehicle by said collision avoidance control; and
a step of setting a control start condition to start said collision avoidance control, when said expected moving direction of said frontward vehicle is a direction which is different from said planned collision avoidance direction of said host vehicle by said collision avoidance control, to a condition that becomes satisfied at a later timing as compared to a case in which said expected moving direction of said frontward vehicle is unable to be obtained.
US 12,227,226 Issued Claims
1. A vehicle control apparatus that performs a collision avoidance control for avoiding a collision between a host vehicle and a frontward vehicle by controlling an actuator for the collision avoidance control, when it is determined that there is a high possibility of the collision, comprising a controller that is configured to:
obtain information on an expected moving direction of the frontward vehicle; prohibit executing the collision avoidance control when it is determined that the obtained expected moving direction of the frontward vehicle is the same as a planned collision avoidance direction of the host vehicle by the collision avoidance control; and
make a start timing at which a start condition for the collision avoidance control is satisfied in a case where it is determined that the expected moving direction of the frontward vehicle is different from the planned collision avoidance direction be later than the start timing in a case where the information on the expected moving direction of the frontward vehicle is not obtained.
2. The vehicle control apparatus according to claim 1, wherein the expected moving direction of the frontward vehicle is obtained based on an indicated direction of a turn indicator of the frontward vehicle while the turn indicator is operating.
3. The vehicle control apparatus according to claim 1, wherein the expected moving direction of the frontward vehicle is not obtained when: (i) neither one of a left turn indicator and a right turn indicator of the frontward vehicle is operating or (ii) both of the left turn indicator and the right turn indicator of the frontward vehicle are operating.
6. A vehicle control method that performs a collision avoidance control for avoiding a collision between a host vehicle and a frontward vehicle by controlling an actuator for the collision avoidance control, when it is determined that there is a high possibility of the collision, using a controller, comprising:
obtaining information on an expected moving direction of the frontward vehicle;
prohibiting executing the collision avoidance control when it is determined that the obtained expected moving direction of the frontward vehicle is the same as a planned collision avoidance direction of the host vehicle by the collision avoidance control; and
making a start timing at which a start condition for the collision avoidance control is satisfied in a case where it is determined that the expected moving direction of the frontward vehicle is different from the planned collision avoidance direction be later than the start timing in a case where the information on the expected moving direction of the frontward vehicle is not obtained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON HOLLOWAY whose telephone number is (571)270-5786. The examiner can normally be reached M-F 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tommy Worden can be reached at 571-272-4876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON HOLLOWAY/ Primary Examiner, Art Unit 3658