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 .
DETAILED ACTION
This action is responsive to communications regarding the applicant’s amendments and arguments, filed on 8/19/2026.
Claims 1-20 are pending.
Notice of Pre-AIA or AIA Status
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 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.
Response to Amendments and Arguments
Applicant's arguments with respect to claims 1-20 have been considered but are moot in view of the new ground(s) of rejection.
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 claims at issue 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 or provisional rejection based on a nonstatutory double patenting ground provided the reference 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. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 20 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 20 of U.S. Patent No. 12399931. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claimed features of the claim 20 of U.S. Patent No. 12399931 can also be interpreted as features as claimed in the claim 20 of the present application. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify or to omit the additional elements of claim 20 of U.S. Patent No. 12399931 to arrive at the claim 20 of the instant application because the person would have realized that the remaining element would perform the same functions as before. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U. S. Court of Customs and Patent Appeals.
Claim comparison: Claimed subject matter is in parallel for the purpose of comparison
Present Application
U.S. Patent No. 12399931
20. A device for controlling a vehicle, the device comprising: memory configured to store program instructions; and a processor configured to execute the program instructions, wherein the processor is configured to: based on a first available autonomous driving travel time associated with a first portion, of a travel route to a destination, that is suitable for autonomous driving, output, during an autonomous driving operation of the vehicle, a video content via a display of the vehicle, wherein the first available autonomous driving travel time is determined based on a location of the vehicle; while the vehicle is traveling on a second portion, of the travel route, that follows the first portion, adjust the autonomous driving operation of the vehicle, stop playback of the video content, and output an audio content via an audio system of the vehicle; and based on a second available autonomous driving travel time associated with a third portion, of the travel route, that is suitable for autonomous driving, resume, during a resumed autonomous driving operation of the vehicle, playback of a remaining portion of the video content via the display of the vehicle, wherein the second available autonomous driving travel time is determined based on a location of the vehicle.
20. A device for controlling a vehicle, the device comprising: memory configured to store program instructions; and a processor configured to execute the program instructions, wherein the processor is configured to: based on a first available autonomous driving travel time associated with a first portion, of a travel route to a destination, that is suitable for autonomous driving, output, during performing an autonomous driving operation of the vehicle, a video content via a display of the vehicle, wherein the first available autonomous driving travel time is determined based on a location of the vehicle; based on a second portion, of the travel route, that is unsuitable for autonomous driving of the vehicle, deactivate the autonomous driving operation of the vehicle, stop playback of the video content, and output an audio content via an audio system of the vehicle; and based on a second available autonomous driving travel time associated with a third portion, of the travel route, that is suitable for autonomous driving, resume, during performing a resumed autonomous driving operation of the vehicle, playback of the remaining portion of the video content via the display of the vehicle.
Allowable Subject Matter
Claims 1-19 are allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANHTAI V TRAN whose telephone number is (571)270-5129. The examiner can normally be reached on Monday through Thursday from 8:00 AM to 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Rones can be reached on (571)272-4085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANHTAI V TRAN/Primary Examiner, Art Unit 2168
