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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12358128. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Regarding claim 21, U.S. Patent No. 12358128 discloses a system, comprising:
a map including a plurality of blocks (claims 1, 8, 14), wherein each block of the plurality of blocks includes one or more inputs and one or more outputs associated with at least one of (i) an application implemented by a robot (claims 1, 8, 14), (ii) a component included with the robot (claims 1, 8, 14), or (iii) a piece of equipment utilized by the robot (claims 1, 8, 14); and
one or more processors, coupled with memory (claims 1, 8, 14), to:
implement at least one block of the plurality of blocks to control operation of the
robot in accordance with the one or more inputs and the one or more outputs included in the at least one block (claims 1, 8, 14).
Regarding claim 22, U.S. Patent No. 12358128 discloses the system of claim 21, comprising the one or more processors to:
implement the at least one block via utilization of a first protocol (claims 1-14).
Regarding claim 23, U.S. Patent No. 12358128 discloses the system of claim 21, comprising:
the application implemented by the robot, wherein the application is installed on the
robot, and wherein the application is associated with the at least one block (claims 1-16); and
the one or more processors (claims 1, 8, 14) to:
establish an association between the application and at least one second block of the plurality of blocks (claims 1, 8, 14).
Regarding claim 24, U.S. Patent No. 12358128 discloses the system of claim 21, wherein the application includes a plurality of applications, comprising:
each block of the plurality of blocks having an association with a respective application
of the plurality of applications such that implementation of the respective application results in implementation of the one or more inputs and the one or more outputs included in a corresponding block (claims 1-14).
Regarding claim 25, U.S. Patent No. 12358128 discloses the system of claim 21, wherein control of the operation of the robot includes execution of the application (claims 1-14), wherein the application is associated with the at least one block and at least one second block of the plurality of blocks, and comprising the one or more processors (claims 1-14) to:
implement the at least one block and the at least one second block during execution of the application (claims 1-14).
Regarding claim 26, U.S. Patent No. 12358128 discloses the system of claim 21, wherein the at least one block is adjustable such that the at least one block is configured to switch from having an association with the application implemented by the robot to having an association with a second application implemented by the robot (claims 1-14).
Regarding claim 27, U.S. Patent No. 12358128 discloses the system of claim 21, wherein the application includes a plurality of applications (claims 1-14), and wherein each application of the plurality of applications is configured to be associated with one or more respective blocks of the plurality of blocks such that execution of a corresponding application results in implementation of the one or more inputs and the one or more outputs associated with the one or more respective blocks (claims 1-14).
Regarding claim 28, U.S. Patent No. 12358128 discloses the system of claim 21, wherein the application includes a plurality of applications, and wherein each application of the plurality of applications is stackable or interchangeable (claims 1-14).
Regarding claim 29, U.S. Patent No. 12358128 discloses a robot (claims 1-14), comprising:
at least one component (claims 1-14);
at least one application (claims 1-14); and
one or more processors, coupled with memory (claims 1-14), to:
access a map including a plurality of blocks, wherein each block of the plurality of blocks includes one or more inputs and one or more outputs associated with at least one of (i) the at least one application (claims 1-14), (ii) the at least one component (claims 1-14), or (iii) a piece of equipment utilized by the robot (claims 1-14); and
implement at least one block of the plurality of blocks to control operation of the robot in accordance with the one or more inputs and the one or more outputs included in the at least one block (claims 1-14).
Regarding claim 30, U.S. Patent No. 12358128 discloses the robot of claim 29, comprising the one or more processors to:
implement the at least one block via utilization of a first protocol (claims 1-14).
Regarding claim 31, U.S. Patent No. 12358128 discloses the robot of claim 29, wherein the at least one application is installed on the robot, wherein the at least one application is associated with the at least one block (claims 1-14), and comprising the one or more processors to:
establish an association between the at least one application and at least one second block of the plurality of blocks (claims 1-14).
Regarding claim 32, U.S. Patent No. 12358128 discloses the robot of claim 29, wherein the at least one application includes a plurality of applications (claims 1-14), comprising:
each block of the plurality of blocks having an association with a respective application of the plurality of applications such that implementation of the respective application results in implementation of the one or more inputs and the one or more outputs included in a corresponding block (claims 1-14).
Regarding claim 33, U.S. Patent No. 12358128 discloses the robot of claim 29, wherein control of the operation of the robot includes execution of the at least one application, wherein the at least one application is associated with the at least one block and at least one second block of the plurality of blocks, and comprising the one or more processors (claims 1-14) to:
implement the at least one block and the at least one second block during execution of the at least one application (claims 1-14).
Regarding claim 34, U.S. Patent No. 12358128 discloses the robot of claim 29, wherein the at least one block is adjustable such that the at least one block is configured to switch from having an association with the at least one application to having an association with a second application implemented by the robot (claims 1-14).
Regarding claim 35, U.S. Patent No. 12358128 discloses the robot of claim 29, wherein the at least one application includes a plurality of applications, and wherein each application of the plurality of applications is configured to be associated with one or more respective blocks of the plurality of blocks such that execution of a corresponding application results in implementation of the one or more inputs and the one or more outputs associated with the one or more respective blocks (claims 1-14).
Regarding claim 36, U.S. Patent No. 12358128 discloses the robot of claim 29, wherein the at least one application includes a plurality of applications, and wherein each application of the plurality of applications is stackable or interchangeable (claims 1-14).
Regarding claim 32, U.S. Patent No. 12358128 discloses a controller (claims 1-14), comprising:
one or more processors, coupled with memory, to:
access a map including a plurality of blocks, wherein each block of the plurality
of blocks includes one or more inputs and one or more outputs associated with at least one of (i) an application implemented by a robot (claims 1-14), (ii) a component included with the robot (claims 1-14), or (iii) a piece of equipment utilized by the robot (claims 1-14); and
implement at least one block of the plurality of blocks to control operation of the robot in accordance with the one or more inputs and the one or more outputs included in the at least one block (claims 1-14).
Regarding claim 38, U.S. Patent No. 12358128 discloses the controller of claim 37, comprising the one or more processors to:
implement the at least one block via utilization of a first protocol (claims 1-14).
Regarding claim 39, U.S. Patent No. 12358128 discloses the controller of claim 37, wherein the application is installed on the robot, wherein the application is associated with the at least one block, and comprising the one or more processors (claims 1-14) to:
establish an association between the application and at least one second block of the plurality of blocks (claims 1-14).
Regarding claim 40, U.S. Patent No. 12358128 discloses the controller of claim 37, wherein the application includes a plurality of applications, and wherein each block of the plurality of blocks includes an association with a respective application of the plurality of applications such that implementation of the respective application results in implementation of the one or more inputs and the one or more outputs included in a corresponding block (claims 1-14).
Conclusion
The prior art, US 20230405810 A1, 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.
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/RONNIE M MANCHO/ Primary Examiner, Art Unit 3657
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