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 .
Status of Claims
This Office Action is in response to the application filed 07/07/2025. Claims 1-20 are presently pending and are presented for examination.
Information Disclosure Statement
The Information Disclosure Statement filed on 10/07/2025 has been considered. An initialed copy of the Form 1449 is enclosed herewith.
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 12,135,553 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application (Application No. 19/261,065) Claim 1
U.S. Patent No. 12,353,214 B2 Claim 1
A control system for a host vehicle operable in an autonomous mode and a non- autonomous mode, the control system comprising one or more controllers configured to:receive, when operating in the non-autonomous mode: a mode signal indicative of the host vehicle operating in a training mode;
A control system for a host vehicle operable in an autonomous mode and a non-autonomous mode, the control system comprising one or more controllers configured to: receive, when operating in the non-autonomous mode: a mode signal indicative of the host vehicle operating in a training mode;
and environment data indicative of a sensed environment of the host vehicle during a first manoeuvre by the host vehicle from a first location to a first navigation goal;
and environment data indicative of a sensed environment of the host vehicle during a first manoeuvre by the host vehicle from a first location to a first navigation goal;
wherein, in the training mode, the one or more controllers: identify a navigable area in a vicinity of the first manoeuvre based on the environment data, the navigable area being suitable to contain a plurality of possible navigation paths for subsequent navigation of the host vehicle, operating in the autonomous mode, to a second navigation goal within the navigable area, the second navigation goal being different than the first navigation goal;
wherein, in the training mode, the one or more controllers: identify a navigable area in a vicinity of the first manoeuvre based on the environment data, the navigable area being suitable to contain a plurality of possible navigation paths for subsequent navigation of the host vehicle, operating in the autonomous mode, from the first navigation goal as a start location to a second navigation goal within the navigable area, the second navigation goal being different than the first navigation goal;
and output vehicle control data indicative of the navigable area, wherein when subsequently navigating to the second navigation goal in the autonomous mode, the control system utilises the vehicle control data to autonomously control the host vehicle.
and output vehicle control data indicative of the navigable area, wherein when subsequently navigating to the second navigation goal in the autonomous mode, the control system utilises the vehicle control data to autonomously control the host vehicle.
Instant Application (Application No. 19/261,065) Claim 2
U.S. Patent No. 12,353,214 B2 Claim 2
The control system of claim 1 wherein the one or more controllers collectively comprise: at least one electronic processor having an input for receiving the mode signal and the environment data; and at least one electronic memory device associated with the at least one electronic processor and having instructions stored therein; and wherein the at least one electronic processor is configured to access the at least one memory device and execute the instructions to utilise the vehicle control data to autonomously navigate to the second navigation goal.
The control system of claim 1 wherein the one or more controllers collectively comprise: at least one electronic processor having an input for receiving the mode signal and the environment data; and at least one electronic memory device associated with the at least one electronic processor and having instructions stored therein; and wherein the at least one electronic processor is configured to access the at least one memory device and execute the instructions to utilise the vehicle control data to autonomously navigate to the second navigation goal.
Instant Application (Application No. 19/261,065) Claim 3
U.S. Patent No. 12,353,214 B2 Claim 1
The control system of claim 1, wherein a start location associated with the plurality of possible navigation paths is the first navigation goal.
…operating in the autonomous mode, from the first navigation goal as a start location…
Instant Application (Application No. 19/261,065) Claim 4
U.S. Patent No. 12,353,214 B2 Claim 3
The control system of claim 1, wherein a location of the second navigation goal substantially corresponds to the first location.
The control system of claim 1, wherein a location of the second navigation goal substantially corresponds to the first location.
Instant Application (Application No. 19/261,065) Claim 5
U.S. Patent No. 12,353,214 B2 Claim 4
The control system of claim 1, wherein the environment data is indicative of the sensed environment of the host vehicle proximal to the host vehicle during the first manoeuvre.
The control system of claim 1, wherein the environment data is indicative of the sensed environment of the host vehicle proximal to the host vehicle during the first manoeuvre.
Instant Application (Application No. 19/261,065) Claim 6
U.S. Patent No. 12,353,214 B2 Claim 5
The control system of claim 5, wherein the environment data is indicative of the sensed environment of the host vehicle at or generally rearward of a rear of the host vehicle during the first manoeuvre.
The control system of claim 4, wherein the environment data is indicative of the sensed environment of the host vehicle at or generally rearward of a rear of the host vehicle during the first manoeuvre.
Instant Application (Application No. 19/261,065) Claim 7
U.S. Patent No. 12,353,214 B2 Claim 6
The control system of claim 6, wherein the environment data is indicative of the sensed environment of the host vehicle at or generally forward of a front of the host vehicle during the first manoeuvre.
The control system of claim 5, wherein the environment data is indicative of the sensed environment of the host vehicle at or generally forward of a front of the host vehicle during the first manoeuvre.
Instant Application (Application No. 19/261,065) Claim 8
U.S. Patent No. 12,353,214 B2 Claim 7
The control system of claim 1, wherein: the control system is configured to receive, when operating in the autonomous mode, a goal signal indicative of the second navigation goal, and in the autonomous mode, the one or more controllers determine the navigation path based on the navigable area and the goal signal and output a navigation signal to cause the host vehicle to navigate autonomously to the second navigation goal along the determined navigation path.
The control system of claim 1, wherein: the control system is configured to receive, when operating in the autonomous mode, a goal signal indicative of the second navigation goal, and in the autonomous mode, the one or more controllers determine the navigation path based on the navigable area and the goal signal and output a navigation signal to cause the host vehicle to navigate autonomously to the second navigation goal along the determined navigation path.
Instant Application (Application No. 19/261,065) Claim 9
U.S. Patent No. 12,353,214 B2 Claim 8
The control system of claim 8, wherein in the determined navigation path, the host vehicle is to arrive forwardly at the second navigation goal.
The control system of claim 7, wherein in the determined navigation path, the host vehicle is to arrive forwardly at the second navigation goal.
Instant Application (Application No. 19/261,065) Claim 10
U.S. Patent No. 12,353,214 B2 Claim 9
The control system of claim 1, wherein the control system is configured to output a notification signal to cause output of a user notification for notifying a user of the host vehicle of an availability of autonomous navigation of the host vehicle to the second navigation goal, and wherein the one or more controllers cause the control system to output the notification signal based on the navigable area.
The control system of claim 1, wherein the control system is configured to output a notification signal to cause output of a user notification for notifying a user of the host vehicle of an availability of autonomous navigation of the host vehicle to the second navigation goal, and wherein the one or more controllers cause the control system to output the notification signal based on the navigable area.
Instant Application (Application No. 19/261,065) Claim 11
U.S. Patent No. 12,353,214 B2 Claim 10
The control system of claim 1 wherein: the one or more controllers include a first controller for receiving the mode signal; and the control system comprises an input apparatus, operable by a user of the host vehicle to provide the mode signal to the first controller.
The control system of claim 1 wherein: the one or more controllers include a first controller for receiving the mode signal; and the control system comprises an input apparatus, operable by a user of the host vehicle to provide the mode signal to the first controller.
Instant Application (Application No. 19/261,065) Claim 12
U.S. Patent No. 12,353,214 B2 Claim 11
The control system of claim 1, comprising a primary control apparatus to receive one or more primary control inputs from the user to cause the host vehicle to perform the first manoeuvre.
The control system of claim 1, comprising a primary control apparatus to receive one or more primary control inputs from the user to cause the host vehicle to perform the first manoeuvre.
Instant Application (Application No. 19/261,065) Claim 1
U.S. Patent No. 12,353,214 B2 Claim 1
The robotic cart recited in claim 2, wherein the base component includes one or more attachment points configured to physically secure the payload to the base component.
The robotic cart recited in claim 1, wherein the base component includes one or more attachment points configured to physically secure the payload to the base component.
Instant Application (Application No. 19/261,065) Claim 13
U.S. Patent No. 12,353,214 B2 Claim 12
The control system of claim 1, comprising sensing means configured to output the environment data to the one or more controllers.
The control system of claim 1, comprising sensing means configured to output the environment data to the one or more controllers.
Instant Application (Application No. 19/261,065) Claim 14
U.S. Patent No. 12,353,214 B2 Claim 13
The control system of claim 13, wherein the sensing means comprise at least one sensor for sensing the environment of the host vehicle during the first manoeuvre.
The control system of claim 12, wherein the sensing means comprise at least one sensor for sensing the environment of the host vehicle during the first manoeuvre.
Instant Application (Application No. 19/261,065) Claim 15
U.S. Patent No. 12,353,214 B2 Claim 14
The control system of claim 13, wherein the sensing means comprises a first sensing means configured to be directed generally forward from the host vehicle, and a second sensing means configured to be directed generally rearward from the host vehicle.
The control system of claim 12, wherein the sensing means comprises a first sensing means configured to be directed generally forward from the host vehicle, and a second sensing means configured to be directed generally rearward from the host vehicle.
Instant Application (Application No. 19/261,065) Claim 16
U.S. Patent No. 12,353,214 B2 Claim 15
A vehicle comprising the control system of claim 1, and a sensing means arranged to output the environment data to the control system.
A vehicle comprising the control system of claim 1, and a sensing means arranged to output the environment data to the control system.
Instant Application (Application No. 19/261,065) Claim 17
U.S. Patent No. 12,353,214 B2 Claim 15
The vehicle as claimed in claim 16, having a front and a rear, wherein the sensing means comprises a first sensing means directed generally forward of the front of the vehicle and a second sensing means directed generally rearward of the rear of the vehicle.
The vehicle as claimed in claim 15, having a front and a rear, wherein the sensing means comprises a first sensing means directed generally forward of the front of the vehicle and a second sensing means directed generally rearward of the rear of the vehicle.
Instant Application (Application No. 19/261,065) Claim 18
U.S. Patent No. 12,353,214 B2 Claim 17
The vehicle as claimed in claim 16, wherein the sensing means is arranged such that the environment data indicative of the sensed environment of the host vehicle during the first manoeuvre is indicative of a sensed environment of the host vehicle from the host vehicle when performing the first manoeuvre in a reverse orientation.
The vehicle as claimed in claim 15, wherein the sensing means is arranged such that the environment data indicative of the sensed environment of the host vehicle during the first manoeuvre is indicative of a sensed environment of the host vehicle from the host vehicle when performing the first manoeuvre in a reverse orientation.
Claims 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 12,353,214 B2 for similar rationale.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1 and similarly with respect to claim 19
The recitation “wherein, in the training mode, the one or more controllers: identify a navigable area in a vicinity of the first manoeuvre based on the environment data, the navigable area being suitable to contain a plurality of possible navigation paths for subsequent navigation of the host vehicle, operating in the autonomous mode, to a second navigation goal within the navigable area, the second navigation goal being different than the first navigation goal;” overcomes the art of record, rendering the claims in a manner specific enough to overcome the methods disclosed in the closest prior art, Sato et. al. (U.S. Publication No. 2017/0008522). The claims specifically overcome the art of record, because of the limitation directed to the autonomous mode manoeuvre that begins where a manual mode manoeuvre ends. For example, Sato discloses a process of learning driver behavior or characteristics as the driver manually controls a vehicle along multiple running paths, each path ending a vehicle position where the vehicle has overtaken a preceding vehicle. However, a manual driving control from location A to a location B and then autonomous driving control from that same location B to a location C is not disclosed, nor would it have been rendered obvious to combine the closest art references to arrive at the claimed invention before the effective filing date. The subject matter of the claims is therefore allowable.
Conclusion
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/JERROD IRVIN DAVIS/Examiner, Art Unit 3656
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