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. 12,307,892. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the present application recites:
a method comprising:
determining stop-and-go waves based on trajectories of first vehicles traveling in a common direction on a road segment;
defining a control zone within the road segment based on the stop-and-go waves and the trajectories;
determining that a second vehicle is moving from a first lane to a second lane, wherein the first vehicles are traveling in the second lane;
activating a mitigation strategy to reduce oscillation of a control vehicle of the first vehicles resulting from the stop-and-go waves; and
operating the control vehicle in accordance with the mitigation strategy to reduce a quantity of the stop-and-go waves within the control zone.
Claim 1 of patent No. 12,307,892 discloses a method comprising:
determining stop-and-go waves based on trajectories, of first vehicles traveling in a common direction on a road segment;
defining a control zone within the road segment based on the stop-and-go waves and the trajectories;
determining that a second vehicle is moving from a first lane to a second lane, wherein the first vehicles are traveling in the second lane; using reinforcement learning,
activating a mitigation strategy to reduce oscillation of a control vehicle of the first vehicles resulting from the stop-and-go waves; and
operating the control vehicle in accordance with the mitigation strategy to reduce a quantity of the stop-and-go waves within the control zone.
Though the claims are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art to use a learning control module as a reinforcement learning for activating a mitigation strategy .. therefore, it is well settled that the omission of an element, and its function is 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 reference element of step whose function is not needed would be obvious to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Breed et al. (U.S. Patent No. 6,768,944) disclose a control system and method for controlling a vehicle or a component of a vehicle in which an inertial reference unit includes accelerometers and gyroscopes which provide data on vehicle motion and a processor processes the data and controls the vehicle or the component of the vehicle based thereon. Movement of the vehicle may be controlled via control over servos, such as a servo associated with the braking system, a servo associated with the drive train or throttle and a servo associated with the steering system. A display to the driver can also be controlled by the processor to provide data on vehicle motion or data or information derived from the data on vehicle motion. Optionally, a Kalman filter is coupled to the processor for optimizing the data on vehicle motion from the inertial reference unit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERTRUDE ARTHUR JEANGLAUDE whose telephone number is (571)272-6954. The examiner can normally be reached Monday-Thursday, 7:30-8:00 EST.
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/GERTRUDE ARTHUR JEANGLAUDE/Primary Examiner, Art Unit 3661
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