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 .
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US12391246B2. Although the claims at issue are not identical, they are not patentably distinct from each other because; it would have been obvious to one of ordinary skill in the art;
To modify/remove some statements to make the claims broader,
To modify some statements with broader functionality, such as
“modifying … a segment of the plurality of segments into a modified segment”, instead of “perturbing the vector into a perturbed vector (a portion of a perturbed vehicle trajectory)”,
“modified segment /modified vehicle trajectory”, instead of “perturbed trajectory/ the kino-dynamically feasible perturbed trajectory”
“on the control trajectory”, instead of “on the parameterized control trajectory”
could make the claims broader, but does not make patentable distinct from the parent patent claims.
A claim comparison of the parent patent and instant application clearly shows that there is no new or improved elements other than some of the patentably indistinct variations.
See below table for claim elements comparison:
Instant App. # : 19/298,598
(Pub. No.: US US2025/0368198)
Parent App. # : 17/900,258
(Patent No.: US12/391,246)
Independent Claims
Independent Claims
1.A vehicle comprising: one or more processors; and one or more non-transitory computer-readable media storing computer-executable instructions that, when executed, cause the one or more processors to perform operations comprising:
1. A vehicle comprising: one or more processors; and one or more non-transitory computer-readable media storing computer-executable instructions that, when executed, cause the one or more processors to perform operations comprising:
receiving a vehicle trajectory associated with operation of a vehicle in an environment;
receiving a vehicle trajectory associated with controlling the vehicle in an environment
segmenting, based at least in part on one or more of a time period or a length, the vehicle trajectory into a plurality of segments;
Claim 16 : “segmenting, based at least in part on one or more of a time period or a length, the vehicle trajectory into a plurality of segments”
including the vehicle and a dynamic object different from the vehicle, wherein the vehicle trajectory comprises a plurality of trajectory points;
modifying, using an optimization algorithm, a segment of the plurality of segments into a modified segment, by modifying at least one of a vehicle state or a control associated with the segment;
determining, for a trajectory point of the plurality of trajectory points, vector representative of a vehicle state value associated with the trajectory point;
perturbing the vector into a perturbed vector, the perturbed vector representing a portion of a perturbed vehicle trajectory associated with the vehicle;
determining, based at least in part on the perturbed vehicle trajectory, a kino-dynamically feasible perturbed trajectory for the vehicle;
inputting the kino-dynamically feasible perturbed trajectory and a representation of the environment into a machine-learned model;
receiving, from the machine-learned model, a predicted object trajectory for the dynamic object;
determining, based at least in part on the modified segment, a cost associated with a modified vehicle trajectory;
determining, based at least in part on the kino-dynamically feasible perturbed trajectory for the vehicle and the predicted object trajectory, a cost associated with the kino-dynamically feasible perturbed trajectory;
determining the modified vehicle trajectory as a control trajectory for the vehicle, based at least in part on the cost; and
determining the kino-dynamically feasible perturbed trajectory as a control trajectory for the vehicle, based at least in part on the cost; and
controlling the vehicle in the environment, based at least in part on the control trajectory.
controlling the vehicle in the environment, based at least in part on the control trajectory.
6. A method comprising: receiving a vehicle trajectory associated with operation of a vehicle in an environment;
6. A method comprising: receiving a vehicle trajectory associated with operation of a vehicle in an environment
including the vehicle and a dynamic object different from the vehicle, wherein the vehicle trajectory comprises a sequence of trajectory points;
modifying, using an optimization algorithm, the vehicle trajectory, into a modified vehicle trajectory;
perturbing the vehicle trajectory, into a perturbed vehicle trajectory, by perturbing a trajectory point of the sequence of trajectory points;
determining, based at least in part on the modified vehicle trajectory, a cost associated with the modified vehicle trajectory;
determining a kino-dynamically feasible perturbed trajectory for the vehicle, associated with the perturbed vehicle trajectory;
determining the modified vehicle trajectory as a control trajectory for the vehicle, based at least in part on the cost; and
determining, based at least in part on the kino-dynamically feasible perturbed trajectory for the vehicle, a predicted object trajectory for the dynamic object;
determining, based at least in part on the kino-dynamically feasible perturbed trajectory for the vehicle and the predicted object trajectory, a cost associated with the perturbed vehicle trajectory;
determining the perturbed vehicle trajectory as a parameterized control trajectory for the vehicle, based at least in part on the cost; and
controlling the vehicle in the environment, based at least in part on the control trajectory.
controlling the vehicle in the environment, based at least in part on the parameterized control trajectory.
16. One or more non-transitory computer-readable media storing instructions executable by a processor, wherein the instructions, when executed, cause the processor to perform operations comprising:
15. One or more non-transitory computer-readable media storing instructions executable by a processor, wherein the instructions, when executed, cause the processor to perform operations comprising:
receiving a vehicle trajectory associated with operation of a vehicle in an environment;
receiving a vehicle trajectory associated with operation of a vehicle in an environment
including the vehicle and a dynamic object different from the vehicle, wherein the vehicle trajectory comprises a sequence of trajectory points;
modifying, using an optimization algorithm, the vehicle trajectory, into a modified vehicle trajectory;
perturbing the vehicle trajectory, into a perturbed vehicle trajectory, by perturbing a trajectory point of the sequence of trajectory points;
determining a kino-dynamically feasible perturbed trajectory for the vehicle, associated with the perturbed vehicle trajectory;
determining, based at least in part on the kino-dynamically feasible perturbed trajectory for the vehicle, a predicted object trajectory for the dynamic object;
determining, based at least in part on the modified vehicle trajectory, a cost associated with the modified vehicle trajectory;
determining, based at least in part on the kino-dynamically feasible perturbed trajectory for the vehicle and the predicted object trajectory, a cost associated with the perturbed vehicle trajectory;
determining the modified vehicle trajectory as a control trajectory for the vehicle, based at least in part on the cost; and
determining the perturbed vehicle trajectory as a parameterized control trajectory for the vehicle, based at least in part on the cost; and
controlling the vehicle in the environment, based at least in part on the control trajectory.
controlling the vehicle in the environment, based at least in part on the parameterized control trajectory.
The instant claims recitations are obvious variation of the parent patent claims recitation in which both claims are represented by common drawings and are comingled in scope as mapped out above.
Regarding dependent claims 2-5, 7-15 & 17-20; these claims are substantial duplicates of parent patent claims 2-5, 7-14 & 16-20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References cited.
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/Jalal C CODUROGLU/Examiner, Art Unit 3665
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