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.
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.
Claims1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 and claims 1-18 of U.S. Patent Nos. 12,214,750 and 11,787,346; respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because the metes and bounds of the claims of this application could obviously have been construed from those of the patents by one having ordinary skill in the art at the time the invention was filed.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) s 1, 3, 9, 14 and 18 are is/are rejected under 35 U.S.C. 102(a)(1) and(a)(2) as being anticipated by Boykin 2018/0050800.
A method performed by a drone to provide security functions for a vehicle, the method comprising:receiving flight data comprising indicia of an object in image data to be tracked;launching from a drone port of a chassis mounted on the vehicle;capturing the image data with a camera of the drone; andtracking the object based on the received flight data.
Boykin discloses a system for providing security functions to a vehicle (fig. 22), comprising: a chassis configured to be mounted on top of the vehicle (fig.22-24A, 2204 - docking station), the chassis including a drone port (fig.24A); and a drone (fig.22, 23, 2202 - UAV) including a camera (fig.26C, 2619 - camera), a processing circuit, and a computer-readable storage medium storing instructions that, when executed by the processing circuit (fig.27), cause the drone to perform operations comprising: while the drone and the camera of the drone are positioned in the drone port, capturing by the camera of the drone image data of objects outside of the chassis ([0143] and [0138]); and while the drone is positioned in the drone port, receiving flight data comprising indicia of an object in the captured image data to be tracked. ([0203]).
The method of claim 1, wherein the flight data is received by the drone prior to the launching of the drone from the drone port of the chassis. (see paragraph 198 of Boykin)
9. The method of claim 1, wherein adjusting the position of the drone includes returning to the drone port in accordance with the flight data. (inherent in launching and returning a drone from a vehicle)
14. A system for providing security functions to a vehicle, the system comprising:a chassis configured to be mounted on top of the vehicle, the chassis including a drone port; anda drone including a camera configured to capture image data, wherein the drone is configured to perform operations comprising:receiving flight data comprising indicia of an object in the image data to be tracked;launching from the drone port; and tracking the object based on the received flight data.(claim 14 follows from claim 1)
18. The system of claim 17, wherein adjusting the position of the drone comprises returning to the drone port. (follows from claim 9)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) s 6, 8, 11-13 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boykin ‘800.
The method of claim 1, wherein tracking the object includes automatically positioning the drone at a position relative to the object based on the flight data. ( Obvious from paragraph 188)
The method of claim 1, wherein adjusting the position of the drone comprises following the object in accordance with the flight data. (obvious from paragraph 188)
Claim 11 follows from the above rejection.
12. The method of claim 1, wherein launching the drone includes selecting a payload among a plurality of payloads prior to launch. (obvious design choice)
13. The method of claim 12, wherein the plurality of payloads include two or more of a second camera, an infrared camera, radio communication equipment, a spotlight, and rescue equipment. (obvious design choice)
The rejection of claims 17-19 follows from the above rejections.
17. The system of claim 14, wherein the flight data comprises indicia of a motion response and the operations further comprise:detecting movement of the object; andin accordance with the indicia of the motion response, adjusting a position of the drone when the movement of the tracked object is detected.
18. The system of claim 17, wherein adjusting the position of the drone comprises returning to the drone port.
19. The system of claim 17, wherein adjusting the position of the drone comprises maintaining a relative position of the drone with respect to the tracked object.
20. The system of claim 19, wherein maintaining the relative position comprises maintaining the drone within a certain radius of the object while the tracked object is moving.( (obvious design choice old and well known tracking)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD M CAMBY whose telephone number is (571)272-6958. The examiner can normally be reached M - F flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter D Nolan can be reached at 571 270 7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD M CAMBY/Primary Examiner, Art Unit 3661
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