DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The amendment filed on 06/06/2026 has been entered and fully considered.
Claims 4 and 15 have been amended.
Claims 5-7 have been canceled.
Claims 21-25 have been newly added.
Claims 1-4 and 8-25 are pending in Instant Application.
Response to Arguments
Regarding Double Patenting rejection: At Applicant’s request, the Double Patenting rejection has been held in abeyance. Terminal Disclaimer is requested to overcome the current Double Patenting rejection. Therefore, the Double Patenting rejection stands.
Regarding 103 rejections: Applicant’s remarks claims 1-8, 15, and 18-20 have overcome the 103 rejections raised in the previous action; therefore the 103 rejections are hereby withdrawn.
Double Patenting
A rejection based on double patenting of the "same invention" type finds its support in the language of 35 U.S.C. 101 which states that "whoever invents or discovers any new and useful process ... may obtain a patent therefor ..." (Emphasis added). Thus, the term "same invention," in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957); and In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the conflicting claims so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
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 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 nonstatutory 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 1-4 and 8-20 are non-provisionally rejected on the ground of non-statutory non-obviousness-type double patenting as being unpatentable over claims 1-22 of Silver et al., U.S. Patent 12,228,929. Although the claims at issue are not identical, they are not patentably distant from each other because they are drawn to obvious variations.
In view of the above, since the subject matters recited in the claims 1-4 and 8-20 of the instant application were fully disclosed in and covered by the claims 1-22 of US Patent 12,228,929, allowing the claims to result in an unjustified or improper timewise extension of the "right to exclude" granted by a patent.
Allowable Subject Matter
Claim 1 and 25 would be allowable if rewritten or amended to overcome the rejection(s) under Double Patenting, set forth in this Office action. The closest prior art of record taken either individually or in combination with other prior art of record fails to teach or suggest: The prior art fails to explicitly teach or suggest or render obvious the sensor data indicating one or more maneuvers performed by one or more emergency vehicles in a vicinity of a plurality of objects in the environment of the first vehicle; and controlling, by the one or more processors, the first vehicle autonomously based on the sensor data to yield to the plurality of objects even when the first vehicle would otherwise have had a right of way.
Claim 15 would be allowable if rewritten or amended to overcome the rejection(s) under Double Patenting, set forth in this Office action. The closest prior art of record taken either individually or in combination with other prior art of record fails to teach or suggest: The prior art fails to explicitly teach or suggest or render obvious the sensor data indicating one or more maneuvers performed by one or more emergency vehicles in a vicinity of a plurality of objects in the environment of the first vehicle; determine, based on the sensor data, that the one or more emergency vehicles are in the environment of the first vehicle; and in response to the determining, control the first vehicle autonomously based on the sensor data to yield to the plurality of objects.
Claims 2-4 and 8-14 depend from claim 1 and 16-24 depend from claim 15 are therefore allowable. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
Relevant Art
The prior art made of record and not relied upon are considered pertinent to applicant’s disclosure: USPGPub 2021/0165420 – Provide autonomous vehicle guidance systems, including methods for positioning an autonomous vehicle on a roadway along with destination-based navigation methods. USPGPub 2019/0354786 - Provide clues regarding present or future behavior of that vehicle. For example, a driver of a vehicle may use a turn signal to indicate an intent to change lanes or turn. A vehicle with active brake lights may indicate that the vehicle may slow down. However, inaccurately determining lighting of a vehicle, or the inability to classify a lighting state of the vehicle (e.g., due to ambiguity and/or insufficient data), can result in collisions.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHMOUD S ISMAIL whose telephone number is (571)272-1326. The examiner can normally be reached M - F: 8:00AM- 4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jelani Smith can be reached at 571-270-3969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHMOUD S ISMAIL/Primary Examiner, Art Unit 3662
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