DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are presented for examination on the merits.
Double Patenting
2. 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 obviousness-type 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); 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
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3. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-28 of US Patent No. (US 12403825). Although the conflicting claims are not identical, they are not patentably distinct from each other because a pedestrian alert and/or collision avoidance system for a large vehicle, comprising: a first sensing device configured to sense a speed of a vehicle when the vehicle is travelling in a first direction; a second sensing device configured to sense at least one of: when the vehicle initiates a turn or when a turn rate of the vehicle is within a first predetermined rate range or exceeds a first predetermined rate; a third sensing device configured to sense when a pedestrian is within a first predetermined distance to the vehicle; and a pedestrian alarm system configured to issue a first auditory warning message via a first speaker mounted on at least a first side of the vehicle when at least one of: (1) the speed of the vehicle is within a first predetermined speed range or over a first predetermined speed, (2) the vehicle initiates the turn or the turn rate of the vehicle is within the first predetermined rate range or over the first predetermined rate, or (3) the pedestrian is within the first predetermined distance to the vehicle are conventional prior art features and the use of such features in the claims of application 19309434 would have been obvious and would not have involved a patentable invention.
The patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
US Patent No. (US 12403825) Application number 18/408,918
Current Application number 19/309,434
1. A pedestrian alert and/or collision avoidance system for a large vehicle, comprising: a first sensing device configured to sense a speed of a vehicle when the vehicle is travelling in a first direction; a second sensing device configured to sense at least one of: when the vehicle initiates a turn or when a turn rate of the vehicle is within a first predetermined rate range or exceeds a first predetermined rate; a third sensing device configured to sense when a pedestrian is within a first predetermined distance to the vehicle; and a pedestrian alarm system configured to issue a first auditory warning message via a first speaker mounted on at least a first side of the vehicle when at least one of: (1) the speed of the vehicle is within a first predetermined speed range or over a first predetermined speed, (2) the vehicle initiates the turn or the turn rate of the vehicle is within the first predetermined rate range or over the first predetermined rate, or (3) the pedestrian is within the first predetermined distance to the vehicle.
1. A pedestrian alert and/or collision sytem for a large vehicle, comprising: a first sensing device configured to sense a speed of a vehicle when the vehicle is travelling; a second sensing device configured to sense at least one of: when the vehicle initiates a turn or when a turn rate of the vehicle is within a first predetermined rate range or exceeds a first predetermined rate; a third sensing device configured to sense when a pedestrian is within a first predetermined distance to the vehicle; and a pedestrian alarm system configured to issue a first auditory warning message via a first speaker when at least one of: (1) the speed of the vehicle is within a first predetermined speed range or over a first predetermined speed, (2) the vehicle initiates the turn or the turn rate of the vehicle is within the first predetermined rate range or over the first predetermined rate, or (3) the pedestrian is within the first predetermined distance to the vehicle.
2. A pedestrian alert and/or collision avoidance system of claim 1, further comprising a driver warning system generating at least one of a driver visual warning or a driver audible alarm configured to alert the driver when an exterior hazard is detected.
3. A pedestrian alert and/or collision avoidance system of claim 1, wherein said pedestrian alarm system is configured to issue a second auditory warning message via at least one of the first speaker or a second speaker responsive to at least one of: second vehicle speed, second vehicle initiating a turn, second vehicle turn rate, or second pedestrian distance to the vehicle.
4. A pedestrian alert and/or collision avoidance system of claim 3, wherein said pedestrian alarm system is configured to issue a third auditory warning message via at least one of the first speaker or the second speaker responsive to at least one of: third vehicle speed, third vehicle initiating a turn, third vehicle turn rate, or third pedestrian distance to the vehicle.
5. A pedestrian alert and/or collision avoidance system of claim 4, wherein the first auditory warning message indicates an imminent threat of collision, the second auditory warning message indicates a caution situation of impending collision where the second pedestrian distance is greater than the first pedestrian distance, and the third auditory warning message indicates a potential collision where the third pedestrian distance is greater than the second pedestrian distance.
6. A pedestrian alert and/or collision avoidance system of claim 1, wherein a pre-configured time period is waited before the first auditory warning message is issued.
7. A pedestrian alert and/or collision avoidance system of claim 1, wherein a continuous sound or bursts of sound is emitted at one or more of: a configurable frequency, volume or pattern when in motion and within a distance threshold with a pedestrian.
8. A pedestrian and driver alert and/or collision avoidance system for a large vehicle, comprising: at least one sensing device configured to sense an exterior hazard in first, second and third states of potential collision in a first field of view responsive to first predetermined criteria when a vehicle is travelling in a first direction, said first sensing device mounted on a first area of the vehicle; at least one driver warning system configured to generate a first driver visual warning to alert the driver when the exterior hazard is detected by the at least one sensing device in a first state of potential collision, and generating a second driver visual warning configured to alert the driver when the exterior hazard is detected by the at least one sensing device in a second state of potential collision; at least one pedestrian warning system configured to generate a first pedestrian visual warning and a second pedestrian visual warning configured to alert the pedestrian when the exterior hazard is detected by the at least one sensing device in the second state of potential collision.
9. A pedestrian and driver alert and/or collision avoidance system according to A pedestrian and driver alert and/or collision avoidance system according to wherein at least one of the first, second or third states is determined when at least one of: (1) the speed of the vehicle is within a first predetermined speed range or over a first predetermined speed, (2) the vehicle initiates a turn or a turn rate of the vehicle is within a first predetermined rate range or over a first predetermined rate, or (3) a pedestrian is within a first predetermined distance to the vehicle.
10. A pedestrian and driver alert and/or collision avoidance system according to claim 8, wherein the first state is responsive to at least a first estimated time to the potential collision, and wherein the second state is responsive to at least a second estimated time to the potential collision.3
11. A pedestrian and driver alert and/or collision avoidance system according to claim 8, wherein the first state is responsive to at least a first estimated time to the potential collision comprising an imminent collision, and wherein the second state is responsive to at least a second estimated time to the potential collision comprising a potential collision.
12. A pedestrian and driver alert and/or collision avoidance system according to claim 8, wherein the first state is responsive to at least a first estimated time to the potential collision comprising an imminent collision, and wherein the second state is responsive to at least a second estimated time to the potential collision comprising a potential collision.
13. A pedestrian alert and/or collision avoidance system according to claim 8, wherein the first state of potential collision indicates an imminent threat of collision, and the second state of potential collision indicates a caution situation of impending collision.
14. A pedestrian and driver alert and/or collision avoidance system according to claim 8, wherein the at least one sensing device comprises a plurality of sensing devices mounted on plurality of first locations around the vehicle to detect the presence of a pedestrian in all areas around the vehicle, and wherein the at least one pedestrian warning system comprises a plurality of pedestrian warning systems around the vehicle to generate a pedestrian visual warning or a pedestrian audible alarm to alert the pedestrian responsive to the one of the plurality of pedestrian warning systems.4
15. A pedestrian and driver alert and/or collision avoidance system according to claim 8, wherein the pedestrian and driver alert and/or collision avoidance system is configured to sense the exterior hazard in at least one of the first, second or third states of potential collision responsive to the first predetermined criteria including at least one input trigger generated by at least one digital or at least one analog vehicle system.
16. A pedestrian and driver alert and/or collision avoidance system according to claim 15, wherein the at least one trigger activating a discrete and configurable external alert and comprising a signal generated by at least one of: a door switch, a reverse light, a marker light, a video camera, a light source, a mirror system or operation of a vehicle.
17. A pedestrian and driver alert and/or collision avoidance system according to claim 8, wherein the pedestrian and driver alert and/or collision avoidance system is configured to sense the exterior hazard in at least one of the first, second or third states of potential collision responsive to the first predetermined criteria including at least one input trigger, and wherein the pedestrian and driver alert and/or collision avoidance system further comprises at least one audio codec circuit and digital signal processor (DSP) evaluation to read from a memory to convert an audio file into a line-level signal to be amplified responsive to the at least one trigger.
18. A pedestrian and driver alert and/or collision avoidance system according to claim 8, wherein the at least one sensing device comprising an object detecting sensor system.5
19. A pedestrian and driver alert and/or collision avoidance method for a large vehicle, comprising the steps of: sensing an exterior hazard in first, second and third states of potential collision in a first field of view responsive to first predetermined criteria when a vehicle is travelling in a first direction; generating a first driver visual warning to alert the driver when the exterior hazard is detected in the first state of potential collision, generating a second driver visual warning configured to alert the driver when the exterior hazard is detected in the second state of potential collision; generating a first pedestrian visual warning and a first pedestrian audio warning to alert the pedestrian when the exterior hazard is detected in the first state of potential collision; and generating a second pedestrian visual warning configured to alert the pedestrian when the exterior hazard is detected in the second state of potential collision.
20. A pedestrian and driver alert and/or collision avoidance method according to claim 19, wherein the first pedestrian visual warning is issued via at least one of: a first strobe or light source when at least one of: the vehicle's speed is within the first predetermined speed range, the vehicle's yaw rate is within the first predetermined yaw rate range or the pedestrian is within a first predetermined distance to the vehicle.
21. A pedestrian and driver alert and/or collision avoidance method according to claim 19, further comprising:6detecting, by at least one ambient sensor, level of an environmental noise data on at least one side of the vehicle; and transmitting the environmental noise data to the pedestrian alarm system, wherein a volume of the first speaker is dynamically adjusted responsive to the environmental noise data.
22. A pedestrian and driver alert and/or collision avoidance method according to claim 19, further comprising:waiting for a pre-configured time period before generating the first pedestrian audio warning.
23. A pedestrian and driver alert and/or collision avoidance method according to claim 19, further comprising:emitting continuous sound or bursts of sound at one or more of: a configurable frequency, volume or pattern when in motion and within a distance threshold with a pedestrian.7
Allowable Subject Matter
4. As to claims 1-20, there is no prior art to reject claims 1-20. However, applicants should resolve the Double patent rejection to place the application in condition for allowance. An update search needs to be performed after the next response from applicant.
Citation of pertinent Prior Arts
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
i. Englander (US 20210287546 A1) discloses in an advanced pedestrian warning or alert system is a system for automotive vehicles is described herein in various embodiments. This system detects if a vulnerable road user, for example a pedestrian, is at an unsafe distance from the moving vehicle. If a pedestrian is too close to the vehicle when the vehicle is in motion, then the system will issue auditory and/or visual warnings to notify the pedestrian back to safety, and
ii. Rajaie (US 20210237581 A1) discloses in a dynamically and automatically adjusting a standard regenerative braking intensity. Roadway data, data from one or more sensors of the vehicle and data comprising parameter values for operating states of the vehicle regarding a roadway from a route being navigated by the vehicle are received by a processor of a control system of the vehicle. Standard regenerative braking intensity values based on a vehicle's acceleration is retrieved from memory. Adjusted regenerative braking intensity values are calculated based on at least one of the roadway data, the sensor data and the parameter values of the operating states of the vehicle and the standard regenerative braking intensity values. The adjusted regenerative braking intensity values are transmitted to the control system and an acceleration or deacceleration amount is applied to the vehicle based on the adjusted regenerative braking intensity values.
Conclusion
5. If the claimed invention is amended, Applicant is respectfully requested to indicate the portion(s) of the specification, which dictate(s) the structure/description relied upon to assist the Examiner in proper interpretation of the amended language and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fekadeselassie Girma whose telephone number is (571) 270-5886. The examiner can normally be reached on Monday thru Friday, 8:30 – 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins, can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Fekadeselassie Girma/
Primary Examiner Art Unit 2689
Prosecution Insights