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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/06/2025 and 03/16/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 12304082. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application 19186269
US Patent 12304082
2. A method comprising:
identifying, by data processing hardware of a robot, a first navigation route of the robot;
obtaining, by the data processing hardware, sensor data from a sensor of the robot;
determining, by the data processing hardware, using the sensor data, that the first navigation route is at least partially blocked by an obstacle based on a first boundary constraint, wherein the first boundary constraint restricts the robot from deviating more than a first threshold distance from the first navigation route; and
instructing, by the data processing hardware, the robot to navigate according to a second navigation route based on determining that the first navigation route is at least partially blocked by the obstacle.
1. A computer-implemented method when executed by data processing hardware of a robot causes the data processing hardware to perform operations comprising:obtaining a navigation route for the robot, the navigation route comprising a first route waypoint, a second route waypoint, and a first route edge connecting the first route waypoint and the second route waypoint, wherein navigation by the robot according to the navigation route is constrained by a first constraint, wherein the first constraint is based on at least one of the first route waypoint or the second route waypoint receiving, from an image sensor, image data determining, using the image data andthe first constraint, that a-the first route edgenavigationroute comprising
3. The method of claim 2, wherein the first boundary constraint is based on the first navigation route.
1…wherein the first constraint is based on at least one of the first route waypoint or the second route
4. The method of claim 2, wherein the first boundary constraint is based on a range of the sensor.
5. The method of claim 2, wherein the first navigation route indicates a first route waypoint and a second route waypoint, and wherein the first boundary constraint is based on a distance between the first route waypoint and the second route waypoint.
6. The method of claim 2, wherein the first navigation route indicates a first route waypoint, a second route waypoint, and a route edge connecting the first route waypoint and the second route waypoint, and wherein the first boundary constraint is centered along the route edge.
7. The method of claim 2, further comprising:
identifying a map of an environment of the robot, wherein the first boundary constraint is based on the map of the environment.
8. The method of claim 2, wherein determining that the first navigation route is at least partially blocked by the obstacle comprises:
determining that the obstacle at least partially intersects a width of the first boundary constraint.
9. The method of claim 2, wherein a second boundary constraint restricts the robot from deviating more than a second threshold distance from the second navigation route.
10. The method of claim 2, wherein the first navigation route indicates a first route waypoint, a second route waypoint, and a first route edge connecting the first route waypoint an the second route waypoint, the method further comprising:
based on determining that the first navigation route is at least partially blocked by the obstacle, identifying the second navigation route, wherein the second navigation route indicates a third route waypoint and a second route edge connecting the first route waypoint and the third route waypoint.
1… generating, using the image data and the navigation route first alternate route waypoint and a first alternate route edge connecting thefirst alternate route waypoint and the first route waypoint; adjusting the navigation route to obtain an adjusted navigation route, the adjusted navigationroute comprising
11. The method of claim 2, wherein the first navigation route indicates a first route waypoint, a second route waypoint, and a first route edge connecting the first route waypoint and the second route waypoint, the method further comprising:
based on determining that the first navigation route is at least partially blocked by the obstacle, identifying the second navigation route; and
adjusting the first boundary constraint based on the second navigation route to obtain a second boundary constraint, wherein the second boundary constraint restricts the robot from deviating more than a second threshold distance from the second navigation route.
12. The method of claim 2, further comprising:
adjusting the first navigation route to obtain the second navigation route.
1… adjusting the navigation route to obtain an adjusted navigation route,
13. The method of claim 2, wherein instructing the robot to navigate according to the second navigation route comprises:
providing computer-executable instructions to the robot,
the method further comprising:
executing, by the robot, the computer-executable instructions, wherein, based on executing the computer-executable instructions, the robot navigates according to the second navigation route.
1… instructing the robot to navigate according to the adjusted navigation route.
14. The method of claim 2, wherein instructing the robot to navigate according to the second navigation route is further based on a first cost associated with the first navigation route and a second cost associated with the second navigation route.
3… determining a-the adjusted navigation route based on the first cost and the second cost
15. The method of claim 2, wherein the first navigation route is based on one or more locations of one or more obstacles in an environment of the robot.
Claims 16-21 recite limitations similar in scope to claims 2-15, hence are similarly rejected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARSLAN AZHAR whose telephone number is (571)270-1703. The examiner can normally be reached Mon-Fri 7:30 - 5:30.
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/ARSLAN AZHAR/Examiner, Art Unit 3656
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