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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 14 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for the plurality of ball casters passively driven, does not reasonably provide enablement for the plurality of ball casters actively driven. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with the claim. In this case, the specification does not disclose any essential element in connection with the plurality of ball casters in order to actively drive the plurality of ball casters.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 10-11 recite the limitation "the stabilizing" in line 1 of claims 10-11. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 9, 12-14 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paul (U.S. 2018/0250178).
Paul discloses a drive system for a robot (a transportation apparatus 30 is capable of using with a robot), comprising: a robot body base (34) including a drive wheel (76a, 76b); and a plurality of ball casters (98) positioned within frames (paragraph 0060 discloses each spherical wheel 98 is mounted to a post; therefore the post is considered to be equivalent to a frame as claimed) proximate to a periphery (see fig. 2 of the robot body base (34) to provide stabilization of driving, wherein the plurality of ball casters comprises four ball casters, and wherein the positioning of the ball casters comprises proximate to corners of the robot body base (fig. 2 shows 4 spherical wheels 98 are located at each corner of the base 34), wherein the plurality of frames (a post as disclosed in paragraph 0060) comprise low coefficients of friction so as to allow free rotation of the plurality of ball casters (98), wherein the low coefficients of friction are provided by a smooth surface; a unitary under-body frame (44-50), wherein ones of the plurality of frames (a post) are physically associated with the unitary under- body frame (44-50), wherein the robot body base further comprises a front bumper (top portion of a transportation apparatus 30 in fig. 2), and wherein at least ones of the plurality of ball casters (98) at a front of the robot body base are inset from the front bumper, wherein the driving comprises forward and reverse (see paragraph 0084), wherein the plurality of ball casters (98) is passively driven; wherein the drive wheel (76a, 76b) comprises two forward and reverse drive wheels (76a, 76b), and two turning drive wheels (76a, 76b).
Claims 1, and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (U.S. 2018/0329409).
Huang discloses a drive system for a robot comprising: a robot body base (see fig. 2) including a drive wheel (157, 158); and a plurality of ball casters (152, 154) positioned within frames (each ball caster 152 and 154 rests in a socket; therefore the socket is considered to correspond with frame) proximate to a periphery (see fig. 2 of the robot body base (34) to provide stabilization of driving; a processing system (500) having non-transitory computing code (computer executable instructions) associated therewith which, when executed by the processing system (500), causes to be driven the drive wheel (157, 158), and a plurality of sensors (120, 162-168) to which the processing system is responsive, wherein the plurality of sensors comprise at least cameras (120), wherein the driving comprises an autonomous navigation (see fig. 5); wherein the processing system (500) is partially off- board the robot.
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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,391,067. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of U.S. Patent No. 12,391,067 reads on claim 1 of the instant application.
Claims 1 and 2 of U.S. Patent No. 12,391,067 reads on claim 2 of the instant application.
Claims 1 and 3 of U.S. Patent No. 12,391,067 reads on claim 3 of the instant application.
Claims 1 and 3-4 of U.S. Patent No. 12,391,067 reads on claim 4 of the instant application.
Claims 1 and 5 of U.S. Patent No. 12,391,067 reads on claim 5 of the instant application.
Claims 1 and 6 of U.S. Patent No. 12,391,067 reads on claim 6 of the instant application.
Claims 1 and 6-7 of U.S. Patent No. 12,391,067 reads on claim 7 of the instant application.
Claims 1, 6 and 8 of U.S. Patent No. 12,391,067 reads on claim 8 of the instant application.
Claims 1 and 9 of U.S. Patent No. 12,391,067 reads on claim 9 of the instant application.
Claims 1 and 10 of U.S. Patent No. 12,391,067 reads on claim 10 of the instant application.
Claims 1 and 11 of U.S. Patent No. 12,391,067 reads on claim 11 of the instant application.
Claims 1 and 12 of U.S. Patent No. 12,391,067 reads on claim 12 of the instant application.
Claims 1 and 13 of U.S. Patent No. 12,391,067 reads on claim 13 of the instant application.
Claims 1 and 14 of U.S. Patent No. 12,391,067 reads on claim 14 of the instant application.
Claims 1 and 15 of U.S. Patent No. 12,391,067 reads on claim 15 of the instant application.
Claims 1 and 16 of U.S. Patent No. 12,391,067 reads on claim 16 of the instant application.
Claims 1 and 18 of U.S. Patent No. 12,391,067 reads on claim 18 of the instant application.
Claims 1 and 19 of U.S. Patent No. 12,391,067 reads on claim 19 of the instant application.
Conclusion
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/TOAN C TO/Primary Examiner, Art Unit 3614 April 4, 2026