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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No.11,727,341. Although the claims at issue are not identical, they are not patentably distinct from each other because patent claims 1, 11, and 15 anticipates application claims 21, 31, and 35.
Applicant Claim 1
A method for delivery of items using drones, the method comprising:
determining, using one or more processors, a first waypoint located within a first threshold distance from an origin location of a first item for delivery to a first user of a network system;
determining, using the one or more processors, a second waypoint located within a second threshold distance from the first waypoint based on a range of travel of a drone, the drone configured for transporting items between nodes located at waypoints, the nodes including at least drone interfaces for navigation of the drone;
transmitting navigation information to a first node to direct the drone for transporting the first item from the first waypoint to a second node at the second waypoint;
determining, using the one or more processors, an estimated time at which the drone will arrive at the second waypoint;
determining, using the one or more processors, a first route for a first provider of the network system to deliver the first item from the second waypoint to a first destination location of the first user, the first item ready for pickup at the second waypoint by the first provider at the estimated time; and
transmitting the first route to a first client device of the first provider.
Patent claim 1 of 11,727,341
A computing system, comprising:
one or more processors; and
one or more non-transitory computer-readable media that store instructions that, when executed by the one or more processors, cause the computing system to perform operations, the operations comprising:
receiving data indicating a first item that is to be located at a first node, wherein the first item is associated with a first provider, and wherein the first item is to be delivered to a first destination location for a first user,
receiving data indicating a second item that is to be located at the first node, wherein the second item is associated with a second provider, and wherein the second item is to be delivered to a second destination location for a second user,
determining a second node for the first item and the second item based at least in part on the first destination location and the second destination location, wherein the second node is located within a threshold distance from the first destination location and the second destination location,
determining an aerial drone that has capacity to transport the first item with the second item along at least a portion of a route from the first node to the second node, and
providing navigation information for the aerial drone, the navigation information comprising data indicative of at least the portion of the route between the first node and the second node for transporting the first item with the second item.
Patent claims introduce a method to deliver items with a drone by using a processor to determine first and second items to first and second nodes and a third threshold distance with estimated time whereas applicant claim discloses a computer implemented method for an aerial vehicle and navigation based a first and second item and vehicle capacity. It is apparent that the more specific patent claims 1, 11, 17 encompasses application claims 1, 11, 18 and thus is anticipated by the patent.
Claims 2-10, 12-17, 19-20 are similarly rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over patent claims 2-10, 12-16, 18-26.
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/W.L.L/ Examiner, Art Unit 3661
/PETER D NOLAN/ Supervisory Patent Examiner, Art Unit 3661
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