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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,436,923(‘923), in view of Whiting(U.S. Patent No. 9,428,546).
-- Claims 1-3,8-12,16, and 19-20 recite essentially the same subject matter as that of claim 1 of ‘923, as well as:
1) a data collection subsystem comprising a plurality of sensors is equivalent to the data collection subsystem as recited in claim 1 of ‘923;
2) a data processing subsystem is equivalent to the data processing subsystem as recited in claim 1 of ‘923;
3) wherein said proactive sensing system is configured to allocate resources to sensors to sense, locate, and track dynamic objects in a region and update a background scene for the region is equivalent to the roadside infrastructure sensing system configured to allocate resources to sensors to sense, locate, and track dynamic objects in a region and update a background scene for the region as recited in claim 1 of ‘923;
4) wherein sensor-level data from said sensors are provided to a vehicle onboard unit (OBU) or to a connected and automated vehicle highway (CAVH) system is equivalent to the sensor-level data from the sensors is provided to an intelligent road infrastructure system(IRIS) or to a connected and automated vehicle CAVH system, as recited in claim 1 of ‘923, wherein the IRIS is equivalent to the vehicle onboard unit(OBU);
5) said vehicle OBU or said CAVH system provides customized control instructions comprising instructions for vehicle longitudinal acceleration and speed, vehicle lateral acceleration and speed, and vehicle orientation and direction to individual connected and automated vehicles is equivalent to the IRIS or CAVH system providing customized control instructions comprising instructions for vehicle longitudinal acceleration and speed, vehicle lateral acceleration and speed, and vehicle orientation and direction to individual connected and automated vehicles, as recited in claim 1 of ‘923.
- Claim 1 of ‘923 does not teach:
1) a sensor-level data fusion subsystem, configured to fuse vehicle sensing data and sensing data from a roadside unit (RSU) and/or a Traffic Control Unit (TCU) to provide proactive sensing.
Although claim 1 of ‘923 does recite inclusion of a sensor-level data fusion subsystem configured to fuse vehicle sensing data and sensing data from a roadside unit (RSU) and/or a Traffic Control Unit (TCU) to provide proactive sensing, use of systems which include means to perform this function is well known.
In related art, Whiting teaches the use of whole scene analysis module(140), which performs whole scene analysis, by analyzing temporal information (see: Whiting, column 4, lines 30-56). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the analysis module(140) of Whiting, into the subsystem of claim 1, along with sensors to incorporate a roadside unit and/or Traffic Control Unit(TCU) to provide proactive sensing, since this would have been necessary in order for the fusion subsystem to acquire data necessary to perform the functions of providing intelligent information for allocating resources to sense, locate, and track dynamic objects.
-- Claim 4, recited essentially the same subject matter as that of claim 2 of ‘923, including:
1) system of claim 1, configured to sense static objects and to generate a background scene comprising said static objects; and to update the positions and speed of dynamic objects is equivalent to the system configured to sense a static object using data from multiple sensors and to generate a background scene comprising static objects, and update a position and/or velocity of a dynamic object, as recited in claim 2 of ‘923.
-- Claim 5 recites essentially the same subject matter as that of claim 4 of ‘923, including:
1) the system of claim 1, configured to allocate resources to sense, locate, and track dynamic objects, and allocate resources to update a background scene comprising static objects when dynamic objects are absent or during a period of low traffic volume is equivalent to the system configured to allocate resources to a sensor to sense dynamic objects in a region during times of high traffic volumes for the region and update a background scene for the region during times of low traffic volumes for the region, as recited in claim 4 or ‘923.
-- Claim 6 recites essentially the same subject matter as that claim 6 of ‘923, including:
1) the system of claim 1, configured to synchronize data in time or space is equivalent to the system configured to synchronize data in time or space. Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include microscopic, mesoscopic, and macroscopic scales for synchronizing data in time or space, since this would have provided the most comprehensive data for providing information to a vehicle pertaining to other objects in the environment.
-- Claim 7 recites essentially the same subject matter as that of claim 12 of ‘923, including:
1) the system of claim 1, configured to classify vehicles, motorcycles, bicycles, pedestrians, and animals, identify the location of vehicles, segment vehicles on a road using lane markings, and/or track objects on a road and/or near a road is equivalent to the system configured to: classify vehicles, motorcycles, bicycles, pedestrians, and/or animals; identify locations of vehicles; segment vehicles on a road using lane markings; and/or track objects on a road and/or near a road, as recited in claim 12 of ‘923.
-- Claim 13 recites essentially the same subject matter as that of claim 13 or ‘923, including:
1) the system configured to identify major sensing points for which sensors track and provide sensor data for vehicles, bicycles, pedestrians, lane markings, traffic signs, and static objects is equivalent to the system configured to identify major sensing points and allocate resources to sensors to track and provide sensor data for vehicles, bicycles, pedestrians, lane markings, traffic signs, and/or static objects, as recited in claim 13 of ‘923.
-- Claim 14 recites essentially the same subject matter as that of claim 15 of ‘923, including:
1) the system configured to track and provide sensor data for vehicles, bicycles, pedestrians, lane markings, traffic signs, and static objects at a major sensing point, wherein said major sensing point is an intersection, roundabout, or work zone, is equivalent to the system configured to allocate resources to sensors to track and provide sensor data for vehicle, bicycles, pedestrians, lane markings, traffic signs, and/or static objects at a major sensing point, wherein said major sensing point is an intersection, roundabout, or work zone, as recited in claim 15 of ‘923.
-- Claim 15 recites essentially the same subject matter as that of claim 19 or ‘923, including:
1) fuse sensor-level data from a plurality of connected and automated vehicle highway (CAVH) sensors; identify an efficient allocation of resources among sensors of said plurality of CAVH sensors; command CAVH sensors to adjust resource use according to said efficient allocation of resources; and provide sensor data to an intelligent road infrastructure system (IRIS) or to a CAVH system are equivalent to the subject matter as recited in claim 19 of ‘923.
-- Claim 17 recites essentially the same subject matter as recited in claim 9 of ‘923, including:
1) the system configured to provide proactive sensing comprising sensing the environment of specific road segments and/or at specific times identified by a Traffic Control Unit/Traffic Control Center (TCU/TCC) is equivalent to the system configured to provide proactive sensing comprising allocating resources to sensors to sense an environment of specific road segments and/or at specific times identified by a traffic Control Unit(TCU)/Traffic Control Center(TCC), as recited in claim 9 or ‘923.
-- Claim 18 recites essentially the same subject matter as recited in claim 10 of ‘923, including:
1) the system configured to provide proactive sensing comprising sensing the environment of specific road segments based on special scheduled events identified by a TCU/TCC is equivalent to the system configured to provide proactive sensing comprising allocating resources to sensors to sense an environment of specific road segments based on special scheduled events identified by a TCU/TCC, as recited in claim 10 of ‘923.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARYL C POPE whose telephone number is (571)272-2959. The examiner can normally be reached 9AM - 5PM M-F.
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/DARYL C POPE/Primary Examiner, Art Unit 2686
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