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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, 7-8, 11, 14-15 and 18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the object" in lines 8, 15 and 21. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the object" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the object" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the object" in lines 6, 13 and 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the object" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the object" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the object" in lines 7, 14 and 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the object" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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, 8 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 9 and 17 of U.S. Patent No. 12,230,018. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of application with additional limitations:
“first raw data defining a first representation of an environment around a vehicle from a vantage of the vehicle, wherein the vehicle comprises the one or more first sensors;
second raw data defining a second representation of the environment around the vehicle from the vantage of the vehicle, wherein the vehicle comprises the one or more second sensors; ” correspond to Patent 1.
Instant Application claim 1
U.S. Patent 12,230,018 of claim 1
A system, comprising
A system, comprising:
a memory that stores computer executable components; and
a memory that stores computer executable components; and
a processor that executes at least one of the computer executable components that:
a processor that executes at least one of the computer executable components that:
obtains, from one or more first sensors of a first type, first raw data defining a first representation of an environment around a vehicle from a vantage of the vehicle, wherein the vehicle comprises the one or more first sensors;
obtains, from one or more ultrasonic sensors, first raw data defining a first representation of an environment around an object from a vantage of the object;
generates, using the first raw data, first polygon measurements of a boundary of a first polygon representing a first region extending from the object within a first combined measurement range of the first sensors that is free from obstacles;
generates, using the first raw data, first polygon measurements of a boundary of a first polygon, wherein the first polygon represents a first region extending from the object within a first combined measurement range of the one or more ultrasonic sensors that is free from obstacles;
obtains, from one or more second sensors of a second type that are different from the first type, second raw data defining a second representation of the environment around the vehicle from the vantage of the vehicle, wherein the vehicle comprises the one or more second sensors;
obtains, from one or more camera sensors, second raw data defining a second representation of the environment around the object from the vantage of the object;
generates, using the second raw data, second polygon measurements of a boundary of a second polygon representing a second region extending from the object within a second combined measurement range of the one or more second sensors that is free from obstacles; and
generates, using the second raw data, second polygon measurements of a boundary of a second polygon, wherein the second polygon represents a second region extending from the object within a second combined measurement range of the one or more camera sensors that is free from obstacles; and
generates, based on a defined process that employs a combination of the first polygon measurements and the second polygon measurements, third polygon measurements of a boundary of a virtual polygon representing an obstacle-free region about the object.
generates, based on a defined process that employs a combination of the first polygon measurements and the second polygon measurements, third polygon measurements of a boundary of a virtual polygon representing an obstacle-free region about the object.
Although conflicting claims of the instant application and the patent are not identical, application claim 1 and patent 1 are not patentably distinct from each other because both conflicting claims of the application and the patent are drawn to the same scope in which the application claim 1 is broader in every aspect than the patent claim 1.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify patent claim 1 with those additional limitation of first raw data defining a first representation of an environment around a vehicle from a vantage of the vehicle, wherein the vehicle comprises the one or more first sensors and second raw data defining a second representation of the environment around the vehicle from the vantage of the vehicle, wherein the vehicle comprises the one or more second sensors rewrite patent claim 1 to application claim 1 as claimed, so to provide a system that determines the presence and location of hazards that affect the operation of the vehicle.
Claim 8 of application with additional limitations:
“wherein the vehicle comprises the one or more first sensors; wherein the vehicle comprises the one or more second sensors” correspond to Patent 9.
Instant Application claim 8
U.S. Patent 12,230,018 of claim 9
A computer-implemented method,
comprising:
A computer-implemented method,
comprising:
obtaining, by a system operatively coupled to a processor, from one or more first sensors of a first type, first raw data defining a first representation of an environment around a vehicle from a vantage of the vehicle, wherein the vehicle comprises the one or more first sensors;
obtaining, by a system operatively coupled to a processor, from one or more ultrasonic sensors, first raw data defining a first representation of an environment around a vehicle from a vantage of the vehicle;
generating, by the system, using the first raw data, first polygon measurements of a boundary of a first polygon representing a first region extending from the object within a first combined measurement range of the first sensors that is free from obstacles;
generating, by the system, using the first raw data, first polygon measurements of a boundary of a first polygon, wherein the first polygon represents a first region extending from the vehicle within a first combined measurement range of the one or more ultrasonic sensors that is free from obstacles;
obtaining, by the system, from one or more second sensors of a second type that are different from the first type, second raw data defining a second representation of the environment around the vehicle from the vantage of the vehicle, wherein the vehicle comprises the one or more second sensors;
obtaining, by the system, from one or more camera sensors, second raw data defining a second representation of the environment around the vehicle from the vantage of the vehicle;
generating, by the system, using the second raw data, second polygon measurements of a boundary of a second polygon representing a second region extending from the object within a second combined measurement range of the one or more second sensors that is free from obstacles; and
generating, using the second raw data, second polygon measurements of a boundary of a second polygon, wherein the second polygon represents a second region extending from the vehicle within a second combined measurement range of the one or more camera sensors that is free from obstacles; and
generating, by the system, based on a defined process that employs a combination of the first polygon measurements and the second polygon measurements, third polygon measurements of a boundary of a virtual polygon representing an obstacle-free region about the object.
generating, by the system, based on a defined process that employs a combination of the first
polygon measurements and the second polygon measurements, third polygon measurements of a boundary of a virtual
polygon representing an obstacle-free region about the vehicle.
Although conflicting claims of the instant application and the patent are not identical, application claim 8 and patent 9 are not patentably distinct from each other because both conflicting claims of the application and the patent are drawn to the same scope in which the application claim 8 is broader in every aspect than the patent claim 9.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify patent claim 9 with those additional limitation of wherein the vehicle comprises the one or more first sensors and second sensors rewrite patent claim 8 to application claim 8 as claimed, so to provide a method that determines the presence and location of hazards that affect the operation of the vehicle.
Claim 15 of application with additional limitations:
“wherein the vehicle comprises the one or more first sensors;.. wherein the vehicle comprises the one or more second sensors;” correspond to Patent 17.
Instant Application claim 15
U.S. Patent 12,230,018 of claim 17
A non-transitory computer-readable medium having instructions stored thereon that, in response to execution, cause a system comprising a processor to perform operations comprising:
A computer program product providing a process to determine free space around an object, the computer program product comprising a non-transitory computer readable medium having program instructions embodied therewith, the program instructions executable by a processor to cause the processor to
obtaining, from one or more first sensors of a first type, first raw data defining a first representation of an environment around a vehicle from a vantage of the vehicle, wherein the vehicle comprises the one or more first sensors;
obtain, from one or more ultrasonic sensors, first raw data defining a first representation of an environment around a vehicle from a vantage of the vehicle;
generating, using the first raw data, first polygon measurements of a boundary of a first polygon representing a first region extending from the object within a first combined measurement range of the first sensors that is free from obstacles;
generate, using the first raw data, first polygon measurements of a boundary of a first polygon, wherein the first polygon represents a first region extending from the vehicle within a first combined measurement range of the one or more ultrasonic sensors that is free from obstacles;
obtaining, from one or more second sensors of a second type that are different from the first type, second raw data defining a second representation of the environment around the vehicle from the vantage of the vehicle, wherein the vehicle comprises the one or more second sensors;
obtain, from one or more camera sensors, second raw data defining a second representation of the environment around the vehicle from the vantage of the vehicle
generating, using the second raw data, second polygon measurements of a boundary of a second polygon representing a second region extending from the object within a second combined measurement range of the one or more second sensors that is free from obstacles; and
generate, using the second raw data, second polygon measurements of a boundary of a second polygon, wherein the second polygon represents a second region extending from the vehicle within a second combined measurement range of the one or more camera sensors that is free from obstacles; and
generating, based on a defined process that employs a combination of the first polygon measurements and the second polygon measurements, third polygon measurements of a boundary of a virtual polygon representing an obstacle-free region about the object.
generate, based on a defined process that employs a combination of the first polygon measurements and the second polygon measurements, third polygon measurements of a boundary of a virtual
polygon representing an obstacle-free region about the vehicle.
Although conflicting claims of the instant application and the patent are not identical, application claim 15 and patent 17 are not patentably distinct from each other because both conflicting claims of the application and the patent are drawn to the same scope in which the application claim 15 is broader in every aspect than the patent claim 17.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify patent claim 17 with those additional limitation of wherein the vehicle comprises the one or more first sensors and second sensors rewrite patent claim 17 to application claim 15 as claimed, so to provide a non-transitory computer-readable medium having instructions stored thereon that, in response to execution, cause a processor to determine the presence and location of hazards that affect the operation of the vehicle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al. Pub. No. US 2014/0104424
Creasey et al. Pub. No.: US 2015/0019043
Izzat et al. Pub. No.: US 2017/0285161
OGURO et al. Pub. No.: US 2020/0031342
Sarkar et al. Pub. No.: US 2020/0133301
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alazar Tilahun whose telephone number is (571)270-5712. The examiner can normally be reached Monday -Friday, From 9:00 AM-6:00 PM.
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/ALAZAR TILAHUN/
Primary Examiner
Art Unit 2424
/A.T/Primary Examiner, Art Unit 2424