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.
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 1-9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-13 of U.S. Patent No. 12397781. Although the claims at issue are not identical, they are not patentably distinct from each other because.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kastner et al., US Pg. Pub. No. (2015/0025784) referred to hereinafter as Kastner.
As per claim 1, Kastner teaches a system for controlling a first vehicle to perform safety action, comprising: a movement characteristic monitor module configured to monitor movement characteristic of a second vehicle in the lateral direction of the first vehicle (see at least 0037-0038, 0040-0041, 43-44, 0058, 0063-0065); and a safety action module configured to control the first vehicle to perform at least one safety action based on the monitored movement characteristic of the second vehicle (see at least 0058-0061, 68-69).
As per claim 2, Kastner teaches a system of claim 1, wherein the safety action module is configured to control the first vehicle to perform a safety action in response to at least one of: (1) the monitored movement characteristic is that the value of deceleration of the second vehicle exceeds a predefined deceleration threshold; or (2) the monitored movement characteristic is that the changing rate of the deceleration of the second vehicle exceeds a predefined changing rate (see at least 0048-0049).
As per claim 3, Kastner teaches a system of claim 1, wherein the safety action module is configured to: control the first vehicle to perform the safety action, in response to: a third vehicle in front of the second vehicle increasing speed whereas the second vehicle does not increasing speed following the third vehicle, or the second vehicle turning to decrease speed after increasing speed following the third vehicle in front of the second vehicle whereas the third vehicle in front has not decrease speed (see at least 0037-0038, 0040-0041, 43-44, 0048-0049, 0058, 0063-0065).
As per claim 4, Kastner teaches a system of claim 1, wherein the safety action comprises one or more of: (1) controlling the speed of the first vehicle so that the speed difference between the first vehicle and the second vehicle being within a desired difference; (2) controlling the speed of the first vehicle so that the first vehicle does not overtake the second vehicle; (3) using at least one of light, sound and vibration to alert a driver of the first vehicle; (4) causing the first vehicle to whistle; (5) flashing the high beam of the first vehicle; (6) flashing the double yellow light on the end of the first vehicle; (7) flashing the brake light of the first vehicle; and (8) focusing at least one resource of the first vehicle on an area adjacent to the lateral blind zone; and (9) allocating more resources to a detection device on the first vehicle that capable of minimizing the lateral blind zone (see at least 0044-0047).
As per claims 5-9, the limitations of claims 5-9 are similar to the limitations of claims 1-4, therefore they are rejected based on the same rationale.
Conclusion
Please refer to from 892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSSA A SHAAWAT whose telephone number is (313)446-6592. The examiner can normally be reached Monday-Friday 9am-5pm.
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/MUSSA A SHAAWAT/Primary Examiner, Art Unit 3665
