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 .
Priority
Acknowledgment is made of applicant’s claim for priority based on an PCT application filed on 03/29/2022.
Information Disclosure Statement
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The information disclosure statement (IDS) submitted on 07/13/2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Patil et al (2015/0168164) and further in view of KIM et al (2021/0009161).
1. As per claims 1,17,18 Patil disclosed a computer-implemented navigation method for a cloud server, comprising: determining a global route between a starting point and a destination in response to navigation request information transmitted by a mobile terminal (FIG. 3 depicts origin 330 and destination 340. Such map service or navigation application may be a software application that a user interfaces and interacts with. For example, the navigation application can collect requested or required data and determine………., the navigation application module 224 is configured to interact with components such as GPS, cloud server, internal memory to obtain and provide additional navigation details to the navigation module) [Paragraph. 0033],
wherein the navigation request information includes at least information regarding the starting point and the destination (the user opens a map or navigation application for obtaining driving directions from the user current location or origin to the user’s destination) [Paragraph. 0033];
transmitting the global route to the mobile terminal, to guide a user to drive according to the global route [Paragraph. 0012];
and
generating at least one corrected route from the current position to the destination in response to confirmation of the sharing information [Paragraph. 0024], wherein the at least one corrected route is different from an original remaining route, and the original remaining route is a part of the global route between the current position and the destination [Paragraph. 0066].
However, Patil did not explicitly disclose acquiring a current position of the mobile terminal in response to road abnormality information transmitted by any other mobile terminal in a driving process of the user as sharing information, regarding an abnormality occurring on a road ahead in the global route.
In the same field of endeavor KIM disclosed, “The autonomous driving horizon information, as information (or data, environment) used by the vehicle 100 to perform autonomous driving in units of lanes, may denote environmental data for autonomous driving in which all information (map information, vehicles, things, moving objects, environment, weather, etc.) within a predetermined range are merged based on a road or an optimal path including a path in which the vehicle 100 moves.” [Paragraph. 0430 & 0477]. Examiner interpreted the abnormality as environmental data when it comes to autonomous driving.
It would have been obvious to one having ordinary skill in the art before the effective filing date was made to have incorporated The autonomous driving horizon information, as information (or data, environment) used by the vehicle 100 to perform autonomous driving in units of lanes, may denote environmental data for autonomous driving in which all information (map information, vehicles, things, moving objects, environment, weather, etc.) within a predetermined range are merged based on a road or an optimal path including a path in which the vehicle 100 moves as taught by KIM in the method and system of Patil to make efficient safety application in an autonomous environment.
2. As per claim 2 Patil-KIM disclosed wherein the generating the at least one corrected route from the current position to the destination in response to confirmation of the sharing information (Patil, Paragraph. 0029) comprises:
transmitting a part of an actual driving route of the other mobile terminal as at least one shared route to the cloud server, in response to confirmation of the sharing information further input by the other mobile terminal, to generate the at least one corrected route from the current position to the destination (Patil, Paragraph. 0030).
3. As per claim 3 Patil-KIM disclosed wherein the generating the at least one corrected route from the current position to the destination in response to confirmation of the sharing information (Patil, Paragraph. 0029) comprises:
acquiring at least one shared route in the cloud server, and integrating the road abnormity information with the at least one shared route in the cloud server, in response to confirmation of the sharing information transmitted by the cloud server, to generate the at least one corrected route from the current position to the destination (Kim, Paragraph. 0316). Claim 3 has the same motivation as to claim 1.
4. As per claim 4 Patil-KIM disclosed wherein the acquiring the at least one shared route in the cloud server, and the integrating the road abnormity information with the at least one shared route in the cloud server (Kim, Paragraph. 0316), to generate the at least one corrected route from the current position to the destination comprises: acquiring one shared route, which is irrelevant with the road abnormity information, of a plurality of shared routes in the cloud server, to generate the at least one corrected route from the current position to the destination (Kim, Paragraph. 0466 & 0477). Claim 4 has the same motivation as to claim 1.
5. As per claim 5 Patil-KIM disclosed wherein the acquiring the at least one shared route in the cloud server, and the integrating the road abnormity information with the at least one shared route in the cloud server, to generate the at least one corrected route from the current position to the destination (Kim, Paragraph. 0466 & 0477) comprises:
acquiring at least one related route passing through the current position and a target node and excluding the road abnormality information from the at least one shared route in the cloud server, wherein the target node is the destination or a key road node on the original remaining route (Kim, Paragraph. 0258);
taking a portion of the related route between the current position and the target node as the corrected route when the target node is the destination; and
generating the corrected route according to the portion of the related route between the current position and the target node and the portion of the original remaining route between the target node and the destination when the target node is the key road node (Kim, Paragraph. 0529). Claim 5 has the same motivation as to claim 1.
6. As per claim 6 Patil-KIM disclosed wherein before the acquiring the at least one related route passing through the current position and the target node, the computer-implemented navigation (Patil, Paragraph. 0012) method further comprises:
detecting whether an abnormal road segment exists on the original remaining route; and detecting a region where the abnormal road segment is located in response to the abnormal road segment existing on the original remaining route; and
wherein the target node passed by the related route is located outside the abnormal road segment (Kim, Paragraph. 0255). Claim 6 has the same motivation as to claim 1.
7. As per claim 7 Patil-KIM disclosed wherein the computer-implemented navigation method further comprises:
acquiring road condition information of the original remaining route and road condition information of each corrected route;
determining estimated passing time for the original remaining route according to the road condition information of the original remaining route (Kim, Paragraph. 0253);
determining estimated passing time for each corrected route according to the road condition information of the corrected route (Kim, Paragraph. 0283);
determining average passing time of all the corrected routes according to the estimated passing times for all the corrected routes (Kim, Paragraph. 0299); and
transmitting the at least one corrected route to the mobile terminal in response to a ratio of the estimated passing time for the original remaining route to the average passing time exceeding a preset threshold (Kim, Paragraph 0256). Claim 7 has the same motivation as to claim 1.
8. As per claim 8 Patil-KIM disclosed wherein the transmitting the at least one corrected route to the mobile terminal, comprises:
selecting one of all the corrected routes as a recommended route according to a preset rule, and transmitting the recommended route to the mobile terminal (Kim, Paragraph. 0334-0335). Claim 8 has the same motivation as to claim 1.
9. As per claim 9 Patil-KIM disclosed wherein the transmitting the at least one corrected route to the mobile terminal, comprises: transmitting all the corrected routes to the mobile terminal;
selecting one of all the corrected routes as a recommended route in response to route selection information transmitted by the mobile terminal; and
transmitting the recommended route to the mobile terminal (Patil, Paragraph. 0029).
10. As per claims 10,19,20 Patil-KIM disclosed a computer-implemented navigation method for a mobile terminal, wherein the computer-implemented navigation method comprises:
transmitting navigation request information to a cloud server according to navigation instruction input by a user, so that the cloud server determines a global route between a starting point and a destination; wherein the navigation request information comprises at least information regarding the starting point and the destination (FIG. 3 depicts origin 330 and destination 340. Such map service or navigation application may be a software application that a user interfaces and interacts with. For example, the navigation application can collect requested or required data and determine………., the navigation application module 224 is configured to interact with components such as GPS, cloud server, internal memory to obtain and provide additional navigation details to the navigation module) [Patil. Paragraph. 0033];
receiving the global route transmitted by the cloud server (the navigation application module 224 may communicate with the cloud server (e.g. server 112) [Patil, Paragraph. 0024]; and
acquiring, by the cloud server, a current position of the mobile terminal in response to road abnormality information transmitted by any other mobile terminal to the cloud server in a driving process of the user as sharing information (The vehicle 100 may drives autonomously along the optimal path. When driving manually, the vehicle 100 may provide navigation information that guides the optimal path to the driver. As another example, the predetermined object many include an object indicating an accident, road damage, or construction) [KIM, Paragraph. 00466 & 0477], and generating, by the cloud server, at least one corrected route from the current position to the destination in response to confirmation of the sharing information (Patil, Paragraph. 0012);
wherein the at least one corrected route is different from an original remaining route, and the original remaining route is a part of the global route between the current position and the destination (Patil, Paragraph. 0066). Claim 10 has the same motivation as to claim 1.
11. As per claim 11 Patil-KIM disclosed wherein the generating the at least one corrected route from the current position to the destination in response to confirmation of the sharing information (Patil, Paragraph. 0029) comprises: transmitting a part of an actual driving route of the other mobile terminal as at least one shared route to the cloud server, in response to confirmation of the sharing information further input by the other mobile terminal, to generate the at least one corrected route from the current position to the destination (Patil, Paragraph. 0030).
12. As per claim 12 Patil-KIM disclosed wherein the generating the at least one corrected route from the current position to the destination in response to confirmation of the sharing information (Patil, Paragraph. 0029) comprises: acquiring at least one shared route in the cloud server, and integrating the road abnormity information with the at least one shared route in the cloud server, in response to confirmation of the sharing information, to generate the at least one corrected route from the current position to the destination (Kim, Paragraph. 0316). Claim 12 has the same motivation as to claim 1.
13. As per claim 13 Patil-KIM disclosed wherein the acquiring the at least one shared route in the cloud server, and the integrating the road abnormity information with the at least one shared route in the cloud server (Kim, Paragraph. 0316), to generate the at least one corrected route from the current position to the destination comprises: acquiring one shared route, which is irrelevant with the road abnormity information, of a plurality of shared routes in the cloud server, to generate the at least one corrected route from the current position to the destination (Kim, Paragraph. 0466 & 0477). Claim 13 has the same motivation as to claim 1.
14. As per claim 14 Patil-KIM disclosed wherein the computer-implemented navigation method further comprises: receiving the at Least one corrected route transmitted by the cloud server; outputting an instruction acquisition request to request the user to input selection instruction; transmitting route selection information to the cloud server in response to the selection instruction input by the user, so that the cloud server selects one of the at least one corrected route as the recommended route; and receiving the recommended route transmitted by the cloud server (Patil, Paragraph. 0033).
15. As per claim 15 Patil-KIM disclosed wherein the computer-implemented navigation method further comprises: outputting shared request information in response to navigation end information; and transmitting at least a part of an actual driving route to the cloud server in response to confirmation of the sharing information input by the user (KIM, Paragraph. 0701-0703). The claim 15 has the same motivation as to claim 1.
16. As per claim 16 Patil-KIM disclosed a navigation system, comprising: a cloud server and a mobile terminal, wherein the cloud server comprises:
a global route determining module configured to determine a global route between a starting point and a destination in response to navigation request information transmitted by a mobile terminal (FIG. 3 depicts origin 330 and destination 340. Such map service or navigation application may be a software application that a user interfaces and interacts with. For example, the navigation application can collect requested or required data and determine………., the navigation application module 224 is configured to interact with components such as GPS, cloud server, internal memory to obtain and provide additional navigation details to the navigation module) [Patil, Paragraph. 0033], wherein the navigation request information comprises at least information regarding the starting point and the destination (the user opens a map or navigation application for obtaining driving directions from the user current location or origin to the user’s destination) [Paragraph. 0033];
a global route transmitting module configured to transmit the global route to the mobile terminal to guide a user to drive according to the global route [Patil, Paragraph. 0012]; and
a corrected route generating module configured to acquire a current position of the mobile terminal in response to road abnormality information transmitted by any other mobile terminal in a driving process of the user as sharing information (The vehicle 100 may drives autonomously along the optimal path. When driving manually, the vehicle 100 may provide navigation information that guides the optimal path to the driver. As another example, the predetermined object many include an object indicating an accident, road damage, or construction) [Kim, Paragraph. 00466 & 0477], and generate at least one corrected route from the current position to the destination in response to confirmation of the sharing information [Patil, Paragraph. 0024]; wherein the at least one corrected route is different from an original remaining route, and the original remaining route is a part of the global route between the current position and the destination [Patil, Paragraph. 0066];
the mobile terminal comprises:
a request transmitting module configured to transmit navigation request information to a cloud server according to navigation instruction input by a user, so that the cloud server determines a global route between a starting point and a destination; wherein the navigation request information comprises at least information regarding the starting point and the destination [Kim, Paragraph. 0466 & 0477];
a route receiving module configured to receive the global route transmitted by the cloud server [Kim, Paragraph. 0272]; and
an abnormality information transmitting module configured to cause road abnormality information transmitted by any other mobile terminal to the cloud server in a driving process of the user as sharing information, so that the cloud server acquires a current position of the mobile terminal in response to the road abnormality information, and generate at least one corrected route from the current position to the destination in response to confirmation of the sharing information [Kim, Paragraph. 0466 & 04775];
wherein the at least one corrected route is different from an original remaining route, and the original remaining route is a part of the global route between the current position and the destination [Patil, Paragraph. 0015 & 033]. Claim 16 has the same motivation as to claim 1.
Double Patenting
17. 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 time wise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type 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); and 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 rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 of instant application rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-19 of Patent No. 12366454. Although the conflicting claims are not identical, they are not patentably distinct from each other because they are directed to the following same subject matter or similar context for the invention as recited below:
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12366454
1. A computer-implemented navigation method for a cloud server, comprising: determining a global route between a starting point and a destination in response to navigation request information transmitted by a mobile terminal, wherein the navigation request information includes at least information regarding the starting point and the destination;
transmitting the global route to the mobile terminal, to guide a user to drive according to the global route; acquiring a current position of the mobile terminal in response to road abnormality information transmitted by any other mobile terminal in a driving process of the user as sharing information; and
generating at least one corrected route from the current position to the destination in response to confirmation of the sharing information,
wherein the at least one corrected route is different from an original remaining route, and the original remaining route is a part of the global route between the current position and the destination.
1. A computer-implemented navigation method for a cloud server, comprising: determining a global route between a starting point and a destination in response to navigation request information transmitted by a mobile terminal, wherein the navigation request information comprises at least information regarding the starting point and the destination;
transmitting the global route to the mobile terminal, to guide a user to drive according to the global route; acquiring a current position of the mobile terminal in response to road abnormality information transmitted by the mobile terminal in a driving process of the user;
and acquiring a shared route in the cloud server, and
generating at least one corrected route from the current position to the destination;
wherein the corrected route is different from an original remaining route, and the original remaining route is a part of the global route between the current position of the mobile terminal and the destination and
wherein the acquiring the shared route in the cloud server, and generating the at least one corrected route from the current position to the destination, comprises: acquiring at least one related route passing through the current position and a target node from the shared route in the cloud server, wherein the target node is the destination or a key road node on the original remaining route; taking a portion of the related route between the current position and the target node as the corrected route when the target node is the destination; and generating the corrected route according to the portion of the related route between the current position and the target node and the portion of the original remaining route between the target node and the destination when the target node is the key road node.
The claim 1 of the instant application is obvious in relation to claims 1-19 of the Patent. This is obviousness-type double patenting rejection because the Instant claims have not in fact been patented.
Response to Arguments
18. Applicant's arguments filed 08/13/2026 have been fully considered but they are not persuasive. Response to applicant’s argument are as follows.
A. Applicant argued that prior art did not disclose, “regarding an abnormality occurring on a road ahead in the global route”.
As to applicant’s argument Kim disclosed, “The autonomous driving horizon information, as information (or data, environment) used by the vehicle 100 to perform autonomous driving in units of lanes, may denote environmental data for autonomous driving in which all information (map information, vehicles, things, moving objects, environment, weather, etc.) within a predetermined range are merged based on a road or an optimal path including a path in which the vehicle 100 moves”. [Paragraph. 0430 & 0477]. Examiner interpreted the abnormality as environmental data when it comes to autonomous driving.
Conclusion
19. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
20. Any inquiry concerning this communication or earlier communication from the
examiner should be directed to Adnan Mirza whose telephone number is (571)-272-3885.
21. The examiner can normally be reached on Monday to Friday during normal
business hours. If attempts to reach the examiner by telephone are unsuccessful, the
examiner’s supervisor, Faris Almatrahi can be reached on (313)-446-4821.
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/ADNAN M MIRZA/Primary Examiner, Art Unit 3667
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