CTNF 19/189,706 CTNF 76097 DETAILED ACTION 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. 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 Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of Cui (U.S. Patent No. 12318948). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following: Regarding claim 1, Cui discloses a shared-robot controller for managing a shared plurality of robots (claim 1) , the shared-robot controller comprising: a processing system including a processor (claim 1); and a memory storing executable instructions that, when executed by the processing system, facilitate operations (claim 1) comprising: receiving, from a robot of the shared plurality of robots, a message requesting assistance to perform a corrective action (see generating a message requesting assistance to…, claim 1); wherein the corrective action is identified by the robot as a result of a self-evaluation process indicating a deficiency (claim 1) , wherein the robot is configured to: determine whether the robot is configured to perform the corrective action (claim 1) , in response to determining the robot is configured to perform the corrective action, executing the corrective action (claim 1) , in response to determining the robot is not configured to perform the corrective action, generate the message requesting assistance to perform the corrective action (claim 1) , and transmit the message to the shared-robot controller; and causing performance of the corrective action (claim 1) . Regarding claim 2, Cui discloses the shared-robot controller of claim 1, wherein the shared-robot controller is implemented within an edge network node of a wide area network, and wherein the robot is in communication with the wide area network (claims, 19, 20). Regarding claim 3, Cui discloses the shared-robot controller of claim 1, the operations further comprising: providing corrective content to the robot, wherein the corrective content, upon incorporation by the robot, provides a functional capability that addresses the deficiency (claims 1, 7). Regarding claim 4, Cui discloses the shared-robot controller of claim 3, wherein the corrective content comprises an updated software, the operations further comprising: accessing a software repository including the updated software (claim 5). Regarding claim 5, Cui discloses the shared-robot controller of claim 3, wherein the corrective content comprises a hardware item configured for attachment to the robot (claim 6). Regarding claim 6, Cui discloses the shared-robot controller of claim 5, wherein providing the corrective content to the robot includes requesting a transport robot of the shared plurality of robots transport the hardware item to the robot (Cui claims did not particularly recite a transport robot; however, requesting a transport robot of the shared plurality of robots transport the hardware item to the robot is well known to one of ordinary skill in the art at the invention was filed for the purpose of facilitating transfer of hardware needed for repairs or for boosting performance or the robot). Regarding claim 7, Cui discloses a non-transitory computer-readable medium storing instructions that, when executed by a controller including a processor (claim 1), facilitates operations comprising: receiving a request for assistance from a robot of a plurality of robots, the request prompting the controller to cause performance of a corrective action (claim 1) ; wherein the robot is configured to: self-identify the corrective action, the corrective action associated with a deficiency of the robot (claim 1) , determine whether the robot is configured to perform the corrective action (claim 1) , based on a determination the robot is configured to perform the corrective action, perform the corrective action (claim 1) , and based on a determination the robot is not configured to perform the corrective action, transmit the request to the controller (claim 1) ; determining, based on the request, a feature required to address the deficiency (claim 1) ; and causing performance of the corrective action, the corrective action using the feature required to address the deficiency (claim 1) . Regarding claim 8, Cui discloses the non-transitory computer-readable medium of claim 7, wherein the corrective action includes a physical repair to a hardware component of the robot (claims. 4, 5). Regarding claim 9, Cui discloses the non-transitory computer-readable medium of claim 7, wherein the corrective action includes an upgrade or a repair to a software component implemented by the robot (claims 4, 5). Regarding claim 10, Cui discloses the non-transitory computer-readable medium of claim 7, wherein the robot is configured to transform into a storage facility (Cui claims did not particularly indicate that the robot is configured to transform into a storage facility; however, having a robot configured to transform into a storage facility is well known to one of ordinary skill in the art at the invention was filed for the purpose of facilitating transfer and storage of goods). Regarding claim 11, Cui discloses a method performed by a controller (claim), the method comprising: receiving a request for assistance from a robot of a plurality of robots, the request indicating a deficiency of the robot (claim 1) ; wherein the robot is configured to: determine whether the robot is configured to perform a self-repair process adapted to addressing the deficiency (claim 1, 8) , and based on a determination that the robot is not configured to perform the self-repair process, transmit the request to the controller (claim 1, 8) ; and causing performance of an action to correct the deficiency (claim 1) . Regarding claim 12, Cui discloses the method of claim 11, wherein the request for assistance includes a request to upgrade a software capability or a hardware capability ( (claims 4, 5) . Regarding claim 13, Cui discloses method of claim 11, wherein the robot is a first robot, and wherein the action to correct the deficiency includes deployment of a second robot of the plurality of robots to a location of the first robot (Cui claims did not particularly recite a deployment pf a second robot; however, deployment of a second robot of the plurality of robots to a location of the first robot is well known to one of ordinary skill in the art at the invention was filed for the purpose of facilitating transfer of hardware needed for repairs or for boosting performance or the second or first robot). Regarding claim 14, Cui discloses a method of claim 13, further comprising: instructing the second robot to retrieve a hardware component from a storage facility (Cui claims did not particularly recite the second robot to retrieving a hardware component from a storage facility; however, instructing a second robot to retrieve a hardware component from a storage facility is well known to one of ordinary skill in the art at the invention was filed for the purpose of facilitating transfer of hardware needed for repairs or for boosting performance or the second or first robot). Regarding claim 15, Cui discloses the method of claim 14, wherein the storage facility is a third robot (Cui claims did not particularly indicate that the storage facility is a third robot ; however, indicating that the storage facility is a third robot is well known to one of ordinary skill in the art at the invention was filed for the purpose of facilitating transfer and storage of goods). Regarding claim 16, Cui discloses the method of claim 11, wherein the action to correct the deficiency comprises: obtaining a software resource from as resource repository (claims 10, 14); and providing the software resource to the robot (claims 10, 14). Regarding claim 17, Cui discloses the method of claim 11, wherein the robot is configured to perform a transformation from a storage facility to the robot, and wherein the request for assistance is transmitted in response to the transformation (Cui claims did not particularly indicate that the robot is configured to transform into a storage facility; however, having a robot configured to transform into a storage facility is well known to one of ordinary skill in the art at the invention was filed for the purpose of facilitating transfer and storage of goods). Regarding claim 18, Cui discloses the method of claim 11, wherein the robot comprises a virtual entity operational in a virtual reality environment (claim 17). Regarding claim 19, Cui discloses the method of claim 11, wherein the controller is implemented within an edge network node of a wide area network (claims 19, 20). Regarding claim 20, Cui discloses the method of claim 11, wherein the deficiency is associated with a maintenance action, and wherein the robot is configured to predict the maintenance action based on previous maintenance activities associated with the robot (claim 8 discloses corrective action including maintenance action or service or repair; also claim 11 discloses determining whether the robot is configured to perform a self-repair process adapted to addressing the deficiency. As such it would be obvious to one having ordinary skill in the art at the time the invention was filed that Cui discloses a deficiency is associated with a maintenance action, and wherein the robot is configured to predict the maintenance action based on previous maintenance activities associated with the robot). Conclusion The prior art, Rosenberg (US 11351680 B1) made of record and not relied upon is considered pertinent to applicant's disclosure. Communication Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is (571)272-6984. The examiner can normally be reached Mon-Thurs. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at 571 270 5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RONNIE M MANCHO/Primary Examiner, Art Unit 3657 Application/Control Number: 19/189,706 Page 2 Art Unit: 3657 Application/Control Number: 19/189,706 Page 3 Art Unit: 3657 Application/Control Number: 19/189,706 Page 4 Art Unit: 3657 Application/Control Number: 19/189,706 Page 5 Art Unit: 3657 Application/Control Number: 19/189,706 Page 6 Art Unit: 3657 Application/Control Number: 19/189,706 Page 7 Art Unit: 3657 Application/Control Number: 19/189,706 Page 8 Art Unit: 3657 Application/Control Number: 19/189,706 Page 9 Art Unit: 3657 Application/Control Number: 19/189,706 Page 10 Art Unit: 3657
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