The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This is in response to amended claims filed on 8/26/25, in which Claims 1-20 are presented for examination of which Claims 1, 13 and 18 are in independent form.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Objections
Claims 5, 12 and 20 objected to because of the following informalities: Claims 5 and 20 appear to cover the same scope, please clarify differences or cancel one of the claims. Claim 12, line 7, has a period at the end of the line, should it be a comma or semicolon?
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are generally broader than the Claims 1-20 in previous patents US 12425822 B2, US 11,716,598 B2, US 11,297,473, US 10,848,938 and US 10,440,536. Broader claims in a later application constitute obvious double patenting of narrow claims in an issued patent. See In re Van Ornum and Stang, 214, USPQ 761, 766, and 767 (CCPA) (the court sustained an obvious double patenting rejection of generic claims in a continuation application over narrower species claims in an issued patent); In re Vogel, 164 USPQ 619, 622, and 623 (CCPA 1970) (generic application claim specifying "meat" is obvious double patenting of narrow patent claim specifying "pork"). Alternatively, it would have been obvious to one having ordinary skill in the art at the time the invention was made to omit the additional elements, since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Allowable Subject Matter
Claims 1-20 would be allowable if a terminal disclaimer is filed and objections resolved.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. Nemec et al. (Nemec; US 20150338849) discloses a method (Abstract) comprising: receiving, by one or more processors (120 of Fig 1), information identifying a pickup location ([0073] pickup location) and authentication information for a client device of a passenger ([0074] computer 110 authenticates the user using the client computing device); maneuvering, by the one or more processors, the vehicle in order to pick up the passenger at the pickup location ([0074] vehicle arrives for a user, [0086] vehicle's computer then maneuver's the vehicle to the pickup location at block 904; [0075] allows the user to enter the vehicle); receiving, by the one or more processors, sensor data from a perception system (including 156 of Fig 1; [0074]) of the vehicle identifying a person in an environment of the vehicle ([0074] the wireless network connection senses the client device when authenticating the user; [0038] the detection system 172 also includes one or more components for detecting objects external to the vehicle such as other vehicles, obstacles in the roadway, traffic signals, signs, trees, etc.; [0075] system is able to detect when the user or the user's client computing device is authenticated to a sufficient degree and has reached a certain threshold distance from the vehicle, for example 10 meters); when the vehicle is within a predetermined distance of the pickup location, authenticating, by the one or more processors, the client device of the passenger using the authentication information ([0074] attempts to authenticate at some predetermined distance such as 25 meters); and based on the authentication and the received sensor data, causing, by the one or more processors, the vehicle to stop and wait for the passenger to enter the vehicle ([0075] Once the user (and/or the user's client computing device) is authenticated to a sufficient degree and has reached a certain threshold distance from the vehicle 100, for example 10 meters or less, the doors 406 may automatically unlock, and in some cases open up, to allow the user to enter the vehicle).
b. Lu et al. (Lu; US 9194168) discloses a vehicle's computing device may receive information identifying a client computing device, a pickup location, and an encryption key. When the vehicle is within a given distance of the pickup location, the computing device uses the encryption key to authenticate the client computing device. When the client computing device is authenticated, the computing device may estimate a first distance between the client computing device and the vehicle based on a strength of a signal received from the client computing device. Lu discloses when the client device has been authenticated, determining from the sensor data whether the person is making progress towards the vehicle (Col 14 Lines 31-50 determines client computing device is moving closer to the vehicle; Figs 9-10).
c. Myers et al. (Myers; US 20180075565 A1) discloses a passenger validation method that receives, at a vehicle, a transport request indicating a passenger and a pick-up location. The vehicle drives to the pick-up location and authenticates the passenger at the pick-up location. If the passenger is successfully authenticated, the method unlocks the vehicle doors to allow access to the vehicle, determines a number of people entering the vehicle, and confirms that the number of people entering the vehicle matches a number of passengers associated with the transport request. Myers discloses determining whether a person is making progress towards a vehicle based on characteristics of the person ([0026] receives image data from one or more cameras 110 and identifies, for example, faces, objects, and other items included in the images. In some embodiments, image processing module 208 includes a facial recognition algorithm that identifies a face of a person approaching the vehicle and matches that face with user profile data (including a user photo) associated with the user who made a transport request. A passenger identification module 210 identifies one or more passengers entering or exiting a vehicle. For example, passenger identification module 210 may verify (or authenticate) a person attempting to enter the vehicle to be certain the person is the user who made the transport request).
d. Ricci (US 9963106) discloses systems of an electrical vehicle and the operations thereof are provided that provide authentication mechanisms of external individuals or computing devices while the vehicle is operating autonomously.
e. Malone et al. (US 20160167653) discloses a system and method for interfacing an autonomous or remote-control drive-by-wire controller with a vehicle's control modules. Vehicle functions including steering, braking, starting, etc. are controllable by wire via a control network.
f. Arden et al. (US 9910438) discloses a vehicle having one or more computing devices that may receive instructions to pick up a passenger at a location, determine when the vehicle is within a first distance of the location, provide a first notification that the vehicle is within the first distance, and stop the vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 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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/MARK S RUSHING/Primary Examiner, Art Unit 2689
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