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 .
Claim Objections
Claims 15-20 are objected to because of the following informalities:
In claim 15, lines 2-3, the phrase “processors to::” should be changed to - -processors to:- -.
Claims 16-20 are objected to for the same reasons because of the dependency.
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 1-2, 4-9, 11-16, and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 10,618,523.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 10,618,523. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 14 of U.S. Patent No. 10,618,523 recites all the limitations in claim 1 of the present invention.
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14 and 11 of U.S. Patent No. 10,618,523. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 14 and 11 of U.S. Patent No. 10,618,523 recite all the limitations in claim 8 of the present invention.
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14 and 11 of U.S. Patent No. 10,618,523. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 14 and 11 of U.S. Patent No. 10,618,523 recite all the limitations in claim 15 of the present invention.
Claims 2, 9, and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 10,618,523. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 19 of U.S. Patent No. 10,618,523 recites all the limitations in claims 2, 9, and 16 of the present invention.
Claims 4, 6, 11, 13, 18, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 19 and 3 of U.S. Patent No. 10,618,523. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 19 and 3 of U.S. Patent No. 10,618,523 recite all the limitations in claims 4, 6, 11, 13, 18, and 20 of the present invention.
Claims 5, 12, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 10,618,523. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 19 of U.S. Patent No. 10,618,523 recites all the limitations in claims 5, 13, and 19 of the present invention.
Claims 7 and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 10,618,523. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 15 of U.S. Patent No. 10,618,523 recites all the limitations in claims 7 and 14 of the present invention.
Claims 3, 10, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 10,618,523 in view of Stempora (US 2015/0025917).
Regarding claim 3, 10, and 17, claim 14 of U.S. Patent No. 10,618,523 discloses all the limitations in claims 3, 10, and 17 of the present invention, but does not disclose transmitting a notification indicating that additional insurance being required based at least in part on increased risk. Stempora teaches the use of transmitting a notification indicating that additional insurance being required based at least in part on increased risk (paragraph 58, p. 106, p. 107, p. 251, figures 1 and 10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include transmitting a notification indicating that additional insurance being required based at least in part on increased risk to modify the claimed invention of U.S. Patent No. 10,618,523 as taught by Stempora for the purpose of effectively insuring the vehicle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gibson and Konrardy disclose vehicle and driver monitoring systems.
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/ANH V LA/ Primary Examiner, Art Unit 2685
ANH V. LA
Primary Examiner
Art Unit 2685
Al
June 23, 2026
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