DETAILED ACTIONNotice 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,555,392. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is a broader recitation of the U.S. Patent.
Instant Application 19/448,404
U.S. Patent No. 12,555,392
1. An object detection apparatus in a vehicle, the object detection apparatus comprising: an indoor camera having a field of view for a vehicle interior and configured to provide image data; an indoor radar having a sensing area for the vehicle interior and configured to provide radar data; and a controller including a first processor and a second processor, the first processor configured to process the image data, and the second processor configured to process the radar data to obtain point cloud of an object in a rear seat of the vehicle, wherein the controller is configured to:identify the object in the rear seat by processing the image data, based on result of identification of the object in the rear seat, set a value of each of an object detection flag representing whether an object other than a human is identified, a human detection flag representing whether a human is identified, and a car seat detection flag representing whether a car seat is identified, in response to the car seat detection flag being set to a first value, the object detection flag being set to a second value, and the human detection flag being set to a third value, determine that a motion of the object in the rear seat corresponds to a motion of a human based on the point cloud of the object in the rear seat, and output a warning notifying that a human is detected in the rear seat in response to determining that the motion of the object in the rear seat is the motion of the human.
1. An apparatus for detecting an object in a vehicle, the object detection apparatus comprising: an indoor camera having a field of view for a vehicle interior and configured to provide image data; an indoor radar having a sensing area for the vehicle interior and configured to provide radar data; and a controller including a first processor and a second processor, the first processor configured to process the image data to obtain identification information on the object in a rear seat of the vehicle, and the second processor configured to process the radar data to obtain motion information on the object in the rear seat of the vehicle, wherein the controller is configured to: determine whether the object in the rear seat of the vehicle is a human based on the identification information on the object in the rear seat of the vehicle and the motion information on the object when the vehicle is turned off and a door is locked; obtain the identification information on the object including an object detection flag, a human detection flag, human age information, and a car seat detection flag by processing the image data for the object;when determining that a car seat is detected based on the car seat detection flag being set to one, the object detection flag being set to zero, and the human detection flag being set to zero, determine that the motion of the objects corresponds to a motion of a baby based on the motion information; and output a warning notifying that a human is detected in the rear seat of the vehicle based on determining that the object in the rear seat of the vehicle is the human.
As can be shown above the instant application is a broader recitation of that of the U.S. patent, with the bolded sections in the U.S. patent showing the narrower subject matter compared to the instant application, where further claim 3 of the U.S. patent describes point cloud information is acquired based on the motion information. Claims 2-20 of the instant application can be read on by various combinations of claims 1-20 of the U.S. patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN A BOYD whose telephone number is (571)270-7503. The examiner can normally be reached Mon - Fri 8:00 - 5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at (571) 272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JONATHAN A BOYD/Primary Examiner, Art Unit 2627
