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 .
Specification
The disclosure is objected to because of the following informalities: in the Specification filed on 04/07/2025, paragraph [0001], there is missing a new U.S. Patent No. 12,269,424.
Appropriate correction is required.
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.
Claims 2-21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. US 12,269,424. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S Patent No. US 12,269,424 fully encompass, and therefore anticipate the independent claims 2, 9 and 16 accordingly, and wherein the claim “updating the vehicle fingerprint” is met by “the second vehicle fingerprint”, and the claim “after determining that … and otherwise, provide an alert …” reads upon “after determining that a deviation exists between the first vehicle fingerprint and the second vehicle fingerprint, providing an alert …”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Morrison et al discloses the method of operation of a compute system includes: receiving a vehicle-related sensor reading in a real-time; determining in the real-time a theft level indicator for a vehicle based on the vehicle-related sensor reading; generating a theft alert based on the theft level indicator being a priority event; analyzing the vehicle-related sensor reading with a theft risk model to generate the theft alert when the theft level indicator is a non-priority event; and communicating the theft alert for displaying on a device. [US 10,821,938]
Koklenberg et al discloses the various systems and methods for vehicle theft detection are described herein. In an embodiment, a driver of the vehicle is identified with an onboard system. The onboard system then determines whether the driver is an authorized operator of the vehicle, where the determination based on sensor data collected from a sensor installed in the vehicle. When the driver is not an authorized operator of the vehicle, a security recovery process is performed. [US 2015/0091713]
Jan discloses the setting makes the user input the first input information and the third input information through the same hardware module, the hardware structure is simple. In a specific embodiment, the specific type can be determined by analyzing the input information, but also can enter different data input model combining the current data input model determining the specific type of the received input information, for example, before receiving the third input information input by the user or the first input information, judging whether the current in the fingerprint information input model or touch information input, model the first input information under the fingerprint information input model obtaining the third input information under the touch information input model inputting different types of input data by using the same module for realizing different control, which is good for reducing the electric vehicle volume. the third input information is a specific touch operation mode, can be a common touch operation mode of clicking or sliding and so on, also can according to the touch time of the second input information, touch control pressure, one or combination of more of continuous touch times determines whether to trigger the temporary parking model As a preference, can according to the different operation mode of the fingerprint touch module for switching or function setting of the operation model the electric vehicle, for example, double-click switching electric vehicle riding, model hitting N entering into the recording fingerprint, model the M times into the fingerprint deletion model similar through the touch time, touch control pressure and corresponding function can be set according to the actual need. In the specific embodiment, the preset specific operation mode and control of the model relation, establishing the corresponding relation table, according to the corresponding relation table determining the currently received operation mode corresponding to the control model or function. [CN-115158512A]
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/VAN T TRIEU/
Primary Examiner, Art Unit 2685
06/17/2026
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