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. 12,319,297. 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 device, comprising: a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising:
obtaining vehicle state information about a vehicle and contents of the vehicle including receiving sensor data regarding an internal environment of the vehicle and an external environment of the vehicle;
determining risk information regarding a risk to the vehicle and the contents of the vehicle associated with a current usage context of the vehicle; and
modifying an operation or a route of the vehicle resulting in a reduction of the risk associated with the current usage context of the vehicle, wherein the modifying the operation or the route of the vehicle is in response to the determining the risk information.
Claim 1 of US Patent No.12,319,297 discloses a system, comprising: a processor; and a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations, comprising:
obtaining vehicle state information identifying occupants and objects of a vehicle and relative positions of the occupants and the objects about the vehicle in association with a current usage context of the vehicle, wherein the obtaining vehicle state information comprises receiving sensor data regarding an internal environment of the vehicle and an external environment of the vehicle from one or more sensors mounted on the vehicle;
determining an assessment of potential injuries associated with the current usage context of the vehicle based on analysis of the vehicle state information, wherein determining the assessment comprises evaluating potential movement of the occupants and the objects;
determining risk information regarding a risk associated with the current usage context of the vehicle as a function of the assessment; and
modifying an operation or a route of the vehicle resulting in a reduction of the risk associated with the current usage context of the vehicle, wherein the modifying the operation or the route of the vehicle is in response to the determining the risk information.
Though the claims are not identical, they are not patentably distinct from each other 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.
Hayes et al. (U.S. Patent No. 11,914,902) disclose shared memory access in a distributed system, including: receiving a memory access request associated with a time value; determining, based on the time value, an entry in a translation lookaside buffer (TLB); and determining, based on the entry, whether to allow the memory access request.
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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