CTNF 19/172,542 CTNF 87688 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION This is a non-final Office Action on the merits in response to communications filed by Applicant on April 07, 2025. Claims 1-20 are currently pending and examined below. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of U.S. Patent No. 12304492 . Although the claims at issue are not identical, they are not patentably distinct from each other because when comparing the instant claims 1-20 and claims 1-20 of the patent both claims are directed to vehicle settings are determined to be compatible based on a comparison of vehicle systems required to execute the geo-profile and the subject vehicle's vehicle systems and claims 1-20 of the instant application appears to be an obvious implementation of the patent claim 1-20 . Allowable Subject Matter Claims 1-20 are allowed pending the filing of a terminal disclaimer to overcome the double-patent rejection. The following is an examiner's statement of reasons for allowance: Independent claims 1 and 12, are drawn to a system and method for implementing geo-profiles for vehicle systems. The closest prior art references, whether considered individually or in combination, fail to teach or render obvious the claimed subject matter of altering the vehicle operating parameters of the subject vehicle based on the downloaded geo-profile by applying only those vehicle settings to the subject vehicle that are determined to be compatible with the one or more vehicle systems of the subject vehicle, wherein the vehicle settings are determined to be compatible based on a comparison of vehicle systems required to execute the geo-profile and the subject vehicle's vehicle systems. Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUC M DO whose telephone number is (571)270-5962. The examiner can normally be reached on 9AM-6PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramón Mercado, Ph.D. can be reached on (571) 270-5744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TRUC M DO/Primary Examiner, Art Unit 3658 Application/Control Number: 19/172,542 Page 2 Art Unit: 3658 Application/Control Number: 19/172,542 Page 3 Art Unit: 3658 Application/Control Number: 19/172,542 Page 4 Art Unit: 3658
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