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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/01/2025 has been considered by the Examiner.
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 20-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,371,019 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as shown below:
Instant claim 20
Claim 1 of U.S. Patent No. 12,371,019 B2
A system for a vehicle including a powertrain, the system comprising:
A vehicle system, comprising: a powertrain…
an electronic control system including at least one control unit for controlling the powertrain and an adaptive cruise control (ACC) controller in communication with the at least one controller, the electronic control system configured to:
an electronic control system including a prime mover control unit in operative communication with the powertrain and an adaptive cruise control (ACC) controller in communication with the electronic control system, the electronic control system being configured to:
determine a speed profile for a vehicle-in-front of the vehicle while operating the vehicle along the route; and
determine a speed profile for a vehicle-in-front of the vehicle system while operating the vehicle system along the route; …
in response to the speed profile for the vehicle-in-front, modify one or more output parameters of the powertrain to control one or more of a vehicle speed, a vehicle acceleration, and a vehicle deceleration of the vehicle to proactively inhibit control of the one or more output parameters of the powertrain by the ACC controller so that operation of the powertrain remains under control of the at least one control unit.
in response to … the speed profile for the vehicle-in-front, modify the one or more output parameters of the powertrain to control one or more of a vehicle speed, a vehicle acceleration, and a vehicle deceleration of the vehicle system to proactively inhibit control of the one or more output parameters of the powertrain by the ACC controller so that operation of the powertrain remains under control of the prime mover control unit.
Similar reasoning is applied to instant claims 21-39 as being unpatentable over claims 1-19 of U.S. Patent No. 12,371,019 B2.
Therefore, claims 20-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,371,019 B2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tang (US 2024/0051533 A1) teaches a system and method for controlling vehicle propulsion, where for example, when the road speed limit is 45 mph, while the lead vehicle is traveling 40 mph, an autonomous proportional control aspect of the vehicle (e.g., such as adaptive cruise control (ACC), and the like), may set the effective speed limit for the ego vehicle at 40 mph, or the like.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Harrison Heflin whose telephone number is (571)272-5629. The examiner can normally be reached Monday - Friday, 1:00PM - 10:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached at 571-272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HARRISON HEFLIN/Examiner, Art Unit 3665
/HUNTER B LONSBERRY/Supervisory Patent Examiner, Art Unit 3665
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