DETAILED ACTION
1. This Office Action is sent in response to Applicant’s communication received on 02/12/2025 for application number 19/051,610. The Office herby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 02/26/2025 is in accordance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Preliminary Amendments
5. The preliminary amendments filed 04/25/2025 has been entered and made of record.
Double Patenting
6. 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).
7. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
8. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
9. Claims 20 and 31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 17 of U.S. Patent No. 12,227,906. Although the claims at issue are not identical, they are not patentably distinct from each other: Table 1 shows comparison between the instant claims and the U.S. Patent 12,227,906 B1 claims.
Application 19/051,610
Re. Claim 20, A computer system comprising respective transmission devices, one or more processors, and associated storage devices residing on each of a construction machine and a transport vehicle, wherein the computer system is configured to: receive at the construction machine image data generated by an image-recording device mounted on the construction machine and aligned to provide a field of view comprising at least a loading space of a transport vehicle;
transmit a message from the transport vehicle to the construction machine when the transport vehicle approaches the construction machine;
and responsive to the message, to transmit from the construction machine to a reception and display device arranged at or in the transport vehicle one or more of: first data comprising the image data;
second data determined from the image data; and third data comprising one or more detected operating parameters of the milling machine, data determined or derived from the one or more detected operating parameters of the milling machine, and/or data relating to milling material loaded onto the transport vehicle.
Patent No.: 12,227,906 B1
1. A construction machine comprising: a machine frame and a conveyor arranged to pivot at the machine frame;
an image-recording device aligned to provide a field of view comprising at least a loading space of a transport vehicle, and configured to generate image data;
a computer system configured to: determine further data comprising: first data determined at least from the image data, and second data comprising one or more material properties of milling material loaded onto the transport vehicle and/or a location from which the milling material was milled;
and transmit the further data to a reception and display device arranged at or in the transport vehicle.
Re. Claim 31, A method for coordinating messages between a construction machine and a transport vehicle during loading or unloading of the transport vehicle, the method comprising: recording images with an image-recording device mounted at the construction machine and aligned, as a minimum, towards a loading space of the transport vehicle; transmitting a message from the transport vehicle to the construction machine when the transport vehicle approaches the construction machine; and responsive to the message, transmitting from the construction machine to a reception and display device arranged at or in the transport vehicle one or more of: first data comprising the image data; second data determined from the image data; and third data comprising one or more detected operating parameters of the milling machine, data determined or derived from the one or more detected operating parameters of the milling machine, and/or data relating to milling material loaded onto the transport vehicle.
17. A method for coordinating between a construction machine and a transport vehicle during loading or unloading of the transport vehicle, the method comprising: recording images with an image-recording device mounted at the construction machine and aligned, as a minimum, towards a loading space of the transport vehicle; determining further data comprising: first data determined at least from the image data, and second data comprising one or more material properties of milling material loaded onto the transport vehicle and/or a location from which the milling material was milled; and transmitting, receiving, and displaying the further data on a reception and display device arranged at or in the transport vehicle.
Allowable Subject Matter
10 . Claims 20-39 are acknowledge as having allowable subject matter, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240351809 A1
US 20190155315 A1
US 20190061623 A1
US 20180149021 A1
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sathyanarayanan Perungavoor can be reached at 5712727455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HOWARD D. BROWN JR
Primary Examiner
Art Unit 2488
/HOWARD D BROWN JR/Examiner, Art Unit 2488
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