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 .
Status of Claims
Pending
13-25
Double Patenting
13-25
Potential A.S.M.
13-25
Priority
Applicant’s indication of Domestic Benefit and/or National Stage information based on Provisional application 63/273,456 filed 10/29/2021 and CON of 17/976,446 (PAT 12,397,443) filed 10/28/2022, is acknowledged.
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 13 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1 of US 12,397,443 B2.
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1 and 2 of US 12,397,443 B2.
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 3, and 4 of US 12,397,443 B2.
Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 5, and 6 of US 12,397,443 B2.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 5, and 7 of US 12,397,443 B2.
Claims 20 and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 8 of US 12,397,443 B2.
Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 8 and 9 of US 12,397,443 B2.
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 8, 1, 5, and 6 of US 12,397,443 B2.
Claims 25 and 28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 10 of US 12,397,443 B2.
Claim 26 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 10 and 11 of US 12,397,443 B2.
Claim 27 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 10, 1, 5, and 6 of US 12,397,443 B2.
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1 and 3 of US 12,397,443 B2 in view of Anderson (US 2011/0295636 A1, “Anderson”).
Claim 24 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 8, 1, and 3 of US 12,397,443 B2 in view of Anderson (US 2011/0295636 A1, “Anderson”).
Claim 29 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 10, 1, and 3 of US 12,397,443 B2 in view of Anderson (US 2011/0295636 A1, “Anderson”).
Anderson recites:
[0019] “base system for identifying and resolving issues encountered by autonomous machine. . . an issue may be a number of machine operation parameters or number of task performance parameters with values outside of normal bounds and for which there is no pre-programmed response.”
[0023] “determine that number of human assistants 140 have relevant expertise to address issue 138 identified during operation of autonomous machine 112 within worksite 116.”
[0024] “The issue resolution activities of the human assistant may include . . . teleoperating the machine.”
[0053] “The issue may be resolved by having a human assistant guide the mower out of the tight area by specifying a path on a map or by teleoperating the mower from a laptop computer.”
[0058] “Issues and classes of issues are preferentially defined at the time the autonomous machine is designed or as part of a product update. The software controlling the autonomous machine based on sensor system data may initiate issue handling if an issue was identified by a number of issue identification rules or by default if the sensed data was not handled by a number of rules defining normal operation. Issue handling may also be initiated when a measured value falls outside a predefined or calculated threshold value.”
Claims 1, 3, 8, and 10 of US 12,397,443 B2 and Anderson are analogous art to the claimed invention since they are from the similar field of autonomous robotics controls. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Claims 1, 3, 8, and 10 of US 12,397,443 B2 with the aspects of Anderson to create, with a reasonable expectation for success, an autonomous robot that operates in a normal autonomous mode, and operates in a tele-operator mode whereby a remote guardian observes or intervenes with robot operation. The motivation for modification would have been to improve safeguarding, diagnosis, and task monitoring of the robot, while enabling quick responses and issue resolution from remote operators.
Although the claims at issue are not identical, they are not patentably distinct from each other. The following table shows the pending claims and the issued claims, and the bolded text demonstrates those limitations that are not patentably distinct from the issued claims, and those limitations that are not patentably distinct from the issued claims in combination with Anderson, the cited prior art.
Claims from 19/291,687 (current application):
Claims from US 12,397,443 B2 (issued patent):
13. A robot control and sensor system having a double sensing edge, the system comprising: a pressure sensor configured to be mounted on an autonomous robot or a robot peripheral and is configured to measure a sensed pressure value at the autonomous robot or the robot peripheral, the pressure sensor operating with respect to a first pressure threshold and with respect to a second pressure threshold, the second pressure threshold being higher than the first pressure threshold; a controller in communication with the pressure sensor and configured to: obtain, from the pressure sensor, a sensed pressure value relating to pressure applied to the robot at the pressure sensor; generate a soft reset notification to cause the robot to enter a soft reset mode when the sensed pressure value is above the first pressure threshold; and generate a hard reset notification to cause the robot to enter a hard reset mode when the sensed pressure value is above the second pressure threshold; wherein the pressure sensor further comprises a first sensing edge operating with respect to the first pressure threshold and a second sensing edge operating with respect to the second pressure threshold.
1. A robot control and sensor system having a double sensing edge, the system comprising: a pressure sensor configured to be mounted on an autonomous robot or a robot peripheral and is configured to measure a sensed pressure value at the autonomous robot or the robot peripheral, the pressure sensor operating with respect to a first pressure threshold and with respect to a second pressure threshold, the second pressure threshold being higher than the first pressure threshold; a controller in communication with the pressure sensor and configured to: obtain, from the pressure sensor, a sensed pressure value relating to pressure applied to the robot at the pressure sensor; generate a soft reset notification to cause the robot to enter a soft reset mode when the sensed pressure value is above the first pressure threshold; and generate a hard reset notification to cause the robot to enter a hard reset mode when the sensed pressure value is above the second pressure threshold; wherein the pressure sensor further comprises a first sensing edge operating with respect to the first pressure threshold and a second sensing edge operating with respect to the second pressure threshold; wherein the autonomous robot or the robot peripheral further comprises a lawn cutting deck or a snow plow.
14. The system of claim 13, wherein the controller is configured to: generate the soft reset notification to cause the robot to enter the soft reset mode when the sensed pressure value is above the first pressure threshold of the first sensing edge; and generate the hard reset notification to cause the robot to enter the hard reset mode when the sensed pressure value is above the second pressure threshold of the second sensing edge.
2. The system of claim 1, wherein the controller is configured to: generate the soft reset notification to cause the robot to enter the soft reset mode when the sensed pressure value is above the first pressure threshold of the first sensing edge; and generate the hard reset notification to cause the robot to enter the hard reset mode when the sensed pressure value is above the second pressure threshold of the second sensing edge.
15. The system of claim 13, wherein the controller is configured to: cause the robot to enter the soft reset mode in which robot movement is restricted and remote guardian access to the robot is enabled when the sensed pressure value is above the first pressure threshold; and prevent robot movement in the soft reset mode.
3. The system of claim 1, wherein the controller is configured to: cause the robot to enter the soft reset mode in which robot movement is restricted and remote guardian access to the robot is enabled when the sensed pressure value is above the first pressure threshold.
4. The system of claim 3, wherein the controller is configured to: prevent robot movement in the soft reset mode.
16. The system of claim 13, wherein the controller is configured to: cause the robot to enter the hard reset mode in which robot movement is restricted and remote guardian access to the robot is restricted when the sensed pressure value is above the second pressure threshold; and prevent robot movement and remote guardian access to the robot in the hard reset mode.
5. The system of claim 1, wherein the controller is configured to: cause the robot to enter the hard reset mode in which robot movement is restricted and remote guardian access to the robot is restricted when the sensed pressure value is above the second pressure threshold.
6. The system of claim 5, wherein the controller is configured to: prevent robot movement and prevent remote guardian access to the robot in the hard reset mode.
17. The system of claim 13, wherein the controller comprises: a non-transient computer-readable storage medium having instructions embodied thereon, and one or more processors configured to execute the instructions to: obtain, from the pressure sensor, the sensed pressure value relating to pressure applied to the robot at the pressure sensor; generate the soft reset notification to cause the robot to enter the soft reset mode when the sensed pressure value is above the first pressure threshold; and generate the hard reset notification to cause the robot to enter the hard reset mode when the sensed pressure value is above the second pressure threshold.
7. The system of claim 5, wherein the controller comprises: a non-transient computer-readable storage medium having instructions embodied thereon, and one or more processors configured to execute the instructions to: obtain, from the pressure sensor, the sensed pressure value relating to pressure applied to the robot at the pressure sensor; generate the soft reset notification to cause the robot to enter the soft reset mode when the sensed pressure value is above the first pressure threshold; and generate the hard reset notification to cause the robot to enter the hard reset mode when the sensed pressure value is above the second pressure threshold.
18. The system of claim 13, wherein the autonomous robot or robot peripheral further comprises a lawn cutting deck or a snow plow.
1. [. . .]; wherein the autonomous robot or the robot peripheral further comprises a lawn cutting deck or a snow plow.
19. The system of claim 13, wherein the autonomous robot is configured to: operate in autonomous mode which is a normal operational mode; and operate in tele-operator mode whereby a remote guardian observes or intervenes with robot operation.
1. [. . .] on an autonomous robot or a robot peripheral.
3. [. . .] remote guardian access to the robot.
Anderson: [0019], [0023], [0024], [0053], [0058]
20. A non-transient computer-readable storage medium having instructions embodied thereon, the instructions being executable by one or more processors to perform a computer-implemented method for controlling an autonomous robot, and having a double sensing edge, the computer-implemented method comprising: obtaining, from a pressure sensor mounted to the autonomous robot or a robot peripheral, a sensed pressure value relating to pressure applied to the autonomous robot at the pressure sensor; generating a soft reset notification to cause the autonomous robot to enter a soft reset mode when the sensed pressure value is above a first pressure threshold; and generating a hard reset notification to cause the autonomous robot to enter a hard reset mode when the sensed pressure value is above a second pressure threshold, the second pressure threshold being higher than the first pressure threshold; wherein the pressure sensor further comprises a first sensing edge operating with respect to the first pressure threshold and a second sensing edge operating with respect to the second pressure threshold.
8. A non-transient computer-readable storage medium having instructions embodied thereon, the instructions being executable by one or more processors to perform a computer-implemented method for controlling an autonomous robot, and having a double sensing edge, the computer-implemented method comprising: obtaining, from a pressure sensor mounted to the autonomous robot or a robot peripheral, a sensed pressure value relating to pressure applied to the autonomous robot at the pressure sensor; generating a soft reset notification to cause the autonomous robot to enter a soft reset mode when the sensed pressure value is above a first pressure threshold; and generating a hard reset notification to cause the autonomous robot to enter a hard reset mode when the sensed pressure value is above a second pressure threshold, the second pressure threshold being higher than the first pressure threshold; wherein the pressure sensor further comprises a first sensing edge operating with respect to the first pressure threshold and a second sensing edge operating with respect to the second pressure threshold; wherein the autonomous robot or robot peripheral further comprises a lawn cutting deck or a snow plow.
21. The computer-implemented method of claim 20 wherein the controller is further configured to generate the soft reset notification to cause the robot to enter the soft reset mode when the sensed pressure value is above the first pressure threshold of the first sensing edge and generate the hard reset notification to cause the robot to enter the hard reset mode when the sensed pressure value is above the second pressure threshold of the second sensing edge.
9. The computer-implemented method of claim 8 wherein the controller is further configured to generate the soft reset notification to cause the robot to enter the soft reset mode when the sensed pressure value is above the first pressure threshold of the first sensing edge and generate the hard reset notification to cause the robot to enter the hard reset mode when the sensed pressure value is above the second pressure threshold of the second sensing edge.
22. The computer-implemented method of claim 20, wherein the controller is configured to: cause the robot to enter the hard reset mode in which robot movement is restricted and remote guardian access to the robot is restricted when the sensed pressure value is above the second pressure threshold; and prevent robot movement and remote guardian access to the robot in the hard reset mode.
5. The system of claim 1, wherein the controller is configured to: cause the robot to enter the hard reset mode in which robot movement is restricted and remote guardian access to the robot is restricted when the sensed pressure value is above the second pressure threshold.
6. The system of claim 5, wherein the controller is configured to: prevent robot movement and prevent remote guardian access to the robot in the hard reset mode.
23. The computer-implemented method of claim 20, wherein the autonomous robot or robot peripheral further comprises a lawn cutting deck or a snow plow.
8. [. . .]; wherein the autonomous robot or robot peripheral further comprises a lawn cutting deck or a snow plow.
24. The computer-implemented method of claim 20, wherein the autonomous robot is configured to: operate in autonomous mode which is a normal operational mode; and operate in tele-operator mode whereby a remote guardian observes or intervenes with robot operation.
1. [. . .] on an autonomous robot or a robot peripheral.
3. [. . .] remote guardian access to the robot.
Anderson: [0019], [0023], [0024], [0053], [0058]
25. A robot control and sensor system having a double sensing edge, the system comprising: a pressure sensor configured to be mounted to an autonomous robot or a robot peripheral and is configured to measure a sensed pressure value at the autonomous robot or the robot peripheral, the pressure sensor operating with respect to a first pressure threshold and with respect to a second pressure threshold, the second pressure threshold being higher than the first pressure threshold; a controller in communication with the pressure sensor and configured to instruct the robot to operate in a soft reset mode in which robot movement is restricted when the sensed pressure value is above the first pressure threshold, and to operate in a hard reset mode in which robot movement is restricted and remote guardian access to the robot is restricted when the sensed pressure value is above the second pressure threshold; wherein the pressure sensor further comprises a first sensing edge operating with respect to the first pressure threshold and a second sensing edge operating with respect to the second pressure threshold.
10. A robot control and sensor system having a double sensing edge, the system comprising: a pressure sensor configured to be mounted to an autonomous robot or a robot peripheral and is configured to measure a sensed pressure value at the autonomous robot or the robot peripheral, the pressure sensor operating with respect to a first pressure threshold and with respect to a second pressure threshold, the second pressure threshold being higher than the first pressure threshold; a controller in communication with the pressure sensor and configured to instruct the robot to operate in a soft reset mode in which robot movement is restricted when the sensed pressure value is above the first pressure threshold, and to operate in a hard reset mode in which robot movement is restricted and remote guardian access to the robot is restricted when the sensed pressure value is above the second pressure threshold; wherein the pressure sensor further comprises a first sensing edge operating with respect to the first pressure threshold and a second sensing edge operating with respect to the second pressure threshold; wherein the autonomous robot or robot peripheral further comprises a lawn cutting deck or a snow plow.
26. The system of claim 25 wherein the controller is further configured to generate the soft reset notification to cause the robot to enter the soft reset mode when the sensed pressure value is above the first pressure threshold of the first sensing edge and generate the hard reset notification to cause the robot to enter the hard reset mode when the sensed pressure value is above the second pressure threshold of the second sensing edge.
11. The robot control and sensor system of claim 10 wherein the controller is further configured to generate the soft reset notification to cause the robot to enter the soft reset mode when the sensed pressure value is above the first pressure threshold of the first sensing edge and generate the hard reset notification to cause the robot to enter the hard reset mode when the sensed pressure value is above the second pressure threshold of the second sensing edge.
27. The system of claim 25, wherein the controller is configured to: cause the robot to enter the hard reset mode in which robot movement is restricted and remote guardian access to the robot is restricted when the sensed pressure value is above the second pressure threshold; and prevent robot movement and remote guardian access to the robot in the hard reset mode.
5. The system of claim 1, wherein the controller is configured to: cause the robot to enter the hard reset mode in which robot movement is restricted and remote guardian access to the robot is restricted when the sensed pressure value is above the second pressure threshold.
6. The system of claim 5, wherein the controller is configured to: prevent robot movement and prevent remote guardian access to the robot in the hard reset mode.
28. The system of claim 25, wherein the autonomous robot or robot peripheral further comprises a lawn cutting deck or a snow plow.
10. [. . .]; wherein the autonomous robot or robot peripheral further comprises a lawn cutting deck or a snow plow.
29. The system of claim 25, wherein the autonomous robot is configured to: operate in autonomous mode which is a normal operational mode; and operate in tele-operator mode whereby a remote guardian observes or intervenes with robot operation.
1. [. . .] on an autonomous robot or a robot peripheral.
3. [. . .] remote guardian access to the robot.
Anderson: [0019], [0023], [0024], [0053], [0058]
Potential Allowable Subject Matter
Claims 13-29 are all rejected above for non-statutory double patenting. However, if they can be amended in a way to overcome those rejections without creating new rejections under an alternative statute, they may potentially contain allowable subject matter. The reasoning for this is that the prior art does not teach or suggest the combination of limitations currently presented in the independent claims.
It is hereby asserted by the Examiner that, in light of the above and in further deliberation over all of the evidence at hand, that the current claims are NOT rejected under 35 U.S.C. 102(a)(1) or 35 U.S.C. 102(a)(2) as being anticipated by prior art, and are NOT rejected under 35 U.S.C. 103 as being unpatentable over any combination of prior art. The current claims thus recite potential allowable subject matter, as the evidence at hand does not anticipate the current claims and does not render obvious any further modification of the references to a person of ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON B EMMETT whose telephone number is (303)297-4231. The examiner can normally be reached Monday - Friday 9:00 - 5:00 ET.
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/MADISON B EMMETT/Examiner, Art Unit 3658
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