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
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 Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention 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 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, 3-11, 13-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,227,401.
Regarding Claim 1, Applicant provides similar limitations as in claims 1 and 5 of the issued U.S. Patent, wherein both of the respective claims include similar limitations provided in bold.
An autonomous guided vehicle comprising:
a vehicle chassis with a power supply mounted thereon and powered sections connected to the chassis and each powered by the power supply, the powered sections including:
a drive section with motors driving wheels, supporting the vehicle chassis, and disposed to traverse the autonomous guided vehicle on a traverse surface in a facility under autonomous guidance;
a payload handling section with at least one payload handling actuator configured so that actuation of the at least one payload handling actuator effects transfer of a payload to and from a payload bed, of the vehicle chassis, and a storage in the facility;
a peripheral electronics section having at least one of an autonomous pose and navigation sensor, at least one of a payload handling sensor, and at least one peripheral motor, the at least one peripheral motor being separate and distinct from each of the motors of the drive section and each actuator of the payload handling section; and
a controller communicably coupled respectively to the drive section, the payload handling section, and peripheral electronics section so as to effect each autonomous operation of the autonomous guided vehicle, wherein the controller comprises an autonomous navigation control section configured to register and hold in volatile memory autonomous guided vehicle state and pose navigation information, historic and current, that is deterministic of and describing current and predicted state, pose, and location of the autonomous guided vehicle; and
an autonomous payload handling control section configured to register and hold in volatile memory current payload identity, state, and pose information, historic and current;
wherein the controller is configured so that upon uncommanded power loss from the power supply to the controller, the controller configures at least one of the autonomous guided vehicle state and pose navigation information and the payload identity, state, and pose information, held in respective registry and memory of corresponding controller sections, into an initialization file available on reboot of the controller.
Regarding Claim 11, Applicant provides similar limitations as in claims 11 and 15 of the issued U.S. Patent, wherein both of the respective claims include similar limitations provided in bold.
A method for autonomous guided vehicle power management, the method comprising:
providing an autonomous guided vehicle with a vehicle chassis with a power supply mounted thereon and powered sections connected to the chassis and each powered by the power supply, the powered sections including:
a drive section with motors driving wheels, supporting the vehicle chassis, and disposed to traverse the autonomous guided vehicle on a traverse surface in a facility under autonomous guidance;
a payload handling section with at least one payload handling actuator configured so that actuation of the at least one payload handling actuator effects transfer of a payload to and from a payload bed, of the vehicle chassis, and a storage in the facility;
a peripheral electronics section having at least one of an autonomous pose and navigation sensor, at least one of a payload handling sensor, and at least one peripheral motor, the at least one peripheral motor being separate and distinct from each of the motors of the drive section and each actuator of the payload handling section; and
with an autonomous navigation control section of the controller, registering and holding in volatile memory autonomous guided vehicle state and pose navigation information, historic and current, that is deterministic of and describing current and predicted state, pose, and location of the autonomous guided vehicle; and
\with an autonomous payload handling control section of the controller, registering and holding in volatile memory current payload identity, state, and pose information, historic and current;
wherein, upon uncommanded power loss from the power supply to the controller, the controller configures at least one of the autonomous guided vehicle state and pose navigation information and the payload identity, state, and pose information, held in respective registry and memory of corresponding controller sections, into an initialization file available on reboot of the controller.
Regarding Claims 1, 3-11, 13-20: Applicant provided similar limitations as provided in at least claims 1-20 of the issued U.S. Patent. Although conflicting claims are not identical, they are not patently distinct from each other because removing inherent and/or unnecessary limitations/steps or adding an element and its function would be within the level of one of ordinary skill in the art. It is well settled that the adding or deleting of an element and its functions(s) as in the claims of the present application are an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note, Ex Parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a referenced element or step whose function is not needed would be obvious to one of ordinary skill in the art. Examiner further notes wherein although the claims are not identical, there are commensurate in scope to the claim limitations provided in the issued U.S. Patent and likewise would anticipate the currently provided claim limitations.
Claims 2 and 12 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 5 and 15 of prior U.S. Patent No. 12,227,401. This is a statutory double patenting rejection. The claims both recite the elements of the independent claims, as well as, for Claim 2 :
The autonomous guided vehicle of claim 1, further comprising a comprehensive power management section communicably connected to the power supply so as to monitor a charge level of the power supply, wherein the comprehensive power management section is connected to each respective branch circuit of the drive section, the payload handling section, and the peripheral electronics section respectively powering the drive section, the payload handling section, and the peripheral electronics section from the power supply, the comprehensive power management section being configured to manage power consumption of the branch circuits based on a demand level of each branch circuit relative to the charge level available from the power supply.
And For Claim 12:
The method of claim 11, wherein further comprising:
effecting, with a controller communicably coupled respectively to the drive section, the payload handling section, and peripheral electronics section, each autonomous operation of the autonomous guided vehicle; and
monitoring a charge level of the power supply with a comprehensive power management section of the controller, wherein the comprehensive power management section is connected to each respective branch circuit of the drive section, the payload handling section, and the peripheral electronics section respectively powering the drive section, the payload handling section, and the peripheral electronics section from the power supply, the comprehensive power management section manages power consumption of the branch circuits based on a demand level of each branch circuit relative to the charge level available from the power supply.
The claims are identical in scope to the claims 5 and 15 of U.S. Patent No. 12,227,401.
Examiner notes wherein the nonstatutory double patenting rejections provided herein would be overcome with a timely filed terminal disclaimer in compliance with 37 CFR 1.321© or 1.321 (d) may be used to overcome an actual or provision 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 provision 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 1.32(b).
The claims rejected for statutory double patenting (Claims 2 and 12) must either be amended or canceled to overcome the rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Karimi et al (US Pub 2010/0102625 A1) relates to power management for devices.
Chen et al (US Pub 2022/0185493 A1) relates to power management for a number of systems.
Fang et al (US Pub 2021/0192867 A1) relates to managing vehicle data during shut down.
Sullivan et al (US Pub 2016/0185245 A1) relates to power management of a vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRISTAN J GREINER whose telephone number is (571)272-1382. The examiner can normally be reached Mon - Fri 7:30-4:30.
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/T.J.G./Examiner, Art Unit 3664
/KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656
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