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 .
By Preliminary Amendment of 9/26/23:
Claims 7, 10, 12-13, 16-17, 19-20, 22-24, 26, 28-29, 31, 33-36, 38-40 & 43-136 are canceled.
Claims 1-6, 8, 9, 11, 14, 15, 18, 21, 25, 27, 30, 32, 37, 41 and 42 are currently pending.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-2, 5-6, 8-9,14-15, 18, 21, 27, 30, 32, 37 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-2, 5-6, 8-9,14-15, 18, 21, 27, 30, 32, 37 of copending Application No. 18/989973 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented. The claims 1-2, 5-6, 8-9,14-15, 18, 21, 27, 30, 32, 37 are exactly-identical between both the current Application and the copending Application.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 9/26/23, 5/23/24, 7/5/24, 7/11/24, 12/9/24 & 2/19/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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) 1-6, 8-9, 11, 14-15, 18, 21, 25, 27, 30, 32, 37, 41 and 42 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PG Pub 2020/0143453 to Ripley.
Regarding claim 1. Ripley discloses a fenestration replacement measuring system (Abstract, Fig. 2) comprising:
a control circuit (Fig. 2, processor 304 , “the system 202 may include a processor 214 coupled to the network interface 212. The system 202 may also include a memory 216, window inventory data 218, cost data 220, and image data 222, each of which may be coupled to the processor 214. The memory 216 may be configured to store data and instructions that, when executed, may cause the processor 214 to determine the cost of window replacement or repair”, paragraph 37); and
a solid object sensor (Fig. 3, camera 308; “portable computing device 110 or 206 may capture one or more pictures”, paragraph 48),
wherein the solid object sensor is in electrical communication with the control circuit (“the window replacement estimate application 201 may further include a camera module 318 that, when executed, may cause the processor 304 to control the camera 308 to capture one or more images”, paragraph 55);
wherein the fenestration replacement measuring system is configured to detect physical features of an existing fenestration unit using data from the solid object sensor (“The memory 306 may further include a window size module 326 that, when executed, may cause the processor 304 to determine a size of a window based, at least in part, on the image data. The window size module 326 may cause the processor 304 to automatically estimate the dimensions of the object based on the boundaries”, paragraph 57);
measure one or more dimensions of the existing fenestration unit using the physical features (“The image analytics module 326 may cause the processor 304 to determine the distance between the camera 308 and the window based on changes within the image data relative to the sensed movement and then may calculate the dimensions of the window from the image using the distance information. Other embodiments are also possible”, paragraph 58); and
estimate one or more dimensions needed for fenestration replacement using the measured dimensions (“The memory 306 may further include a window size module 326 that, when executed, may cause the processor 304 to determine a size of a window based, at least in part, on the image data. The window size module 326 may cause the processor 304 to automatically estimate the dimensions of the object based on the boundaries”, paragraph 57).
Regarding claim 2. Ripley discloses comprising at least one selected from the group consisting of spatial points, edges, surfaces, and corners (“A square shape may be a default shape object 912. The shape object 912 includes selectable edge elements 914 and at least one selectable corner element 916”, paragraph 85; “In a particular embodiment, the computing device 110 may be used to optically measure dimensions of the window 104 by orienting a camera of the computing device 110 toward a window to capture one or more images of the window. In one example, the operator may align a dot or reticle with a corner of the window and touch the touchscreen display to place an object, for example, at the corner of the window”, paragraph 30).
Regarding claim 3. Ripley discloses the solid object sensor comprising a surface sensor (Fig. 3, camera 308).
Regarding claim 4. Ripley discloses the solid object sensor comprising at least one selected from the group consisting of an optical sensor, a LIDAR sensor, a penetrating electromagnetic wave sensor, a thermal imaging sensor, and an X-ray sensor (“the camera and the processor are components of a smartphone”, claim 13).
Regarding claim 5. Ripley discloses the one or more dimensions needed for fenestration replacement comprising at least one selected from the group consisting of a rough opening size and a frame size (“the memory 216 may include a window size module 236 that, when executed, may cause the processor 214 to determine dimensions of a window (or a plurality of windows) based on the image data”, paragraph 42).
Regarding claim 6. Ripley discloses wherein the fenestration replacement measuring system is configured to detect physical features of an existing fenestration unit using data from the solid object sensor while pointing upward at an angle of at least 30 degrees relative to a horizontal plane (“In the illustrated example, the image of the window 810 is rectangular and is arranged vertically, so rotation of the shape object 912 is not necessary. However, other images may be misaligned, and some windows may have different shapes, which may not be rectangular. In the event that the window has a triangular feature or a diamond shape, the shape object 912 may be resized and rotated to match the edges of the window. Other shapes are also possible. One possible example of a shape object 912 that can be changed to a different shape is described below with respect to FIG. 11”, paragraph 89).
Regarding claim 8 Ripley discloses wherein the fenestration replacement measuring system is configured to interpolate portions of the physical features that are at least partially obscured (“In a particular embodiment, the computing device 110 may be used to optically measure dimensions of the window 104 by orienting a camera of the computing device 110 toward a window to capture one or more images of the window. In one example, the operator may align a dot or reticle with a corner of the window and touch the touchscreen display to place an object, for example, at the corner of the window. The operator may then reorient the computing device 110 toward an adjacent corner of the window and touch the touchscreen display to place a second object. In this example of object placement, the object may be centered within the display and the user may orient his or her device to align the center of the display with the location on the frame before tapping the display. The process may be repeated until the operator has traced an outline of the window. During the placement operations, the computing device 110 may determine orientation and motion data and may utilize the orientation and motion data to determine a distance between the placed objects”, paragraph 30, the operator my align per physical features that are at least partially obscured, as per depiction in Fig. 12).
Regarding claim 9. Ripley discloses wherein the physical features that are at least partially obscured are located adjacent the sill of the existing fenestration unit (“In a particular embodiment, the computing device 110 may be used to optically measure dimensions of the window 104 by orienting a camera of the computing device 110 toward a window to capture one or more images of the window. In one example, the operator may align a dot or reticle with a corner of the window and touch the touchscreen display to place an object, for example, at the corner of the window. The operator may then reorient the computing device 110 toward an adjacent corner of the window and touch the touchscreen display to place a second object. In this example of object placement, the object may be centered within the display and the user may orient his or her device to align the center of the display with the location on the frame before tapping the display. The process may be repeated until the operator has traced an outline of the window. During the placement operations, the computing device 110 may determine orientation and motion data and may utilize the orientation and motion data to determine a distance between the placed objects”, paragraph 30, the operator my align per physical features that are at least partially obscured, as per depiction in Fig. 12).
Regarding claim 11. (Original) The fenestration replacement measuring system of claim 1, wherein the fenestration replacement measuring system is configured to cross-reference dimensions of the existing fenestration unit as measured from an interior side (Fig. 1) with those as measured from an exterior side using one or more physical and/or virtual markers (Fig. 9-12).
Regarding claim 14. Ripley discloses wherein the fenestration replacement measuring system is configured to create a dimensional model for a replacement fenestration unit using at least one of the measured one or more dimensions of the existing fenestration unit and the estimated one or more dimensions needed for fenestration replacement (“In a particular embodiment, the computing device 110 may be used to optically measure dimensions of the window 104 by orienting a camera of the computing device 110 toward a window to capture one or more images of the window. In one example, the operator may align a dot or reticle with a corner of the window and touch the touchscreen display to place an object, for example, at the corner of the window. The operator may then reorient the computing device 110 toward an adjacent corner of the window and touch the touchscreen display to place a second object. In this example of object placement, the object may be centered within the display and the user may orient his or her device to align the center of the display with the location on the frame before tapping the display. The process may be repeated until the operator has traced an outline of the window. During the placement operations, the computing device 110 may determine orientation and motion data and may utilize the orientation and motion data to determine a distance between the placed objects”, paragraph 30, “The window size module 236 may cause the processor 214 to automatically calculate dimensions of the window based on the known dimensions of the reference object and based on the automatically determined boundaries of the window.”, paragraph 44).
Regarding claim 15. Ripley discloses wherein the fenestration replacement measuring system is configured to accept user input from a system user regarding the physical features and incorporate the same when generating a measurement of the existing fenestration unit or an estimate of the dimensions needed for a fenestration replacement (“In a particular embodiment, the computing device 110 may be used to optically measure dimensions of the window 104 by orienting a camera of the computing device 110 toward a window to capture one or more images of the window. In one example, the operator may align a dot or reticle with a corner of the window and touch the touchscreen display to place an object, for example, at the corner of the window”, paragraph 30).
Regarding claim 18. Ripley discloses the user input comprising locations of physical features and/or points regarding the same (“In a particular embodiment, the computing device 110 may be used to optically measure dimensions of the window 104 by orienting a camera of the computing device 110 toward a window to capture one or more images of the window. In one example, the operator may align a dot or reticle with a corner of the window and touch the touchscreen display to place an object, for example, at the corner of the window. The operator may then reorient the computing device 110 toward an adjacent corner of the window and touch the touchscreen display to place a second object. In this example of object placement, the object may be centered within the display and the user may orient his or her device to align the center of the display with the location on the frame before tapping the display. The process may be repeated until the operator has traced an outline of the window. During the placement operations, the computing device 110 may determine orientation and motion data and may utilize the orientation and motion data to determine a distance between the placed objects”, paragraph 30).
Regarding claim 21. Ripley discloses wherein the one or more dimensions are measured with an accuracy of within 1/8 inch at a distance of 20 feet (This considered but a design feature wherein any number of accuracy specification would be equally enabling).
Regarding claim 25. Ripley discloses wherein the fenestration replacement measuring system is configured to calculate a number of scaffolds and/or ladders needed to replace the existing fenestration unit (“In some embodiments, the automated window estimation system 202 may facilitate the estimation and installation of windows for multiple customers (operators) and may coordinate with installers to schedule the installation”, paragraph 51, for one of ordinary skill in the art, calculating a number of scaffolds and/or ladders is an obvious to include part of estimation and coordination with installers).
Regarding claim 27. Ripley discloses wherein the fenestration replacement measuring system is configured to identify at least one of warping, color distortion or irregularities, and out of square conditions of an existing fenestration, or frame, or rough opening (“In a particular embodiment, the computing device 110 may be used to optically measure dimensions of the window 104 by orienting a camera of the computing device 110 toward a window to capture one or more images of the window. In one example, the operator may align a dot or reticle with a corner of the window and touch the touchscreen display to place an object, for example, at the corner of the window. The operator may then reorient the computing device 110 toward an adjacent corner of the window and touch the touchscreen display to place a second object. In this example of object placement, the object may be centered within the display and the user may orient his or her device to align the center of the display with the location on the frame before tapping the display. The process may be repeated until the operator has traced an outline of the window. During the placement operations, the computing device 110 may determine orientation and motion data and may utilize the orientation and motion data to determine a distance between the placed objects”, paragraph 30).
Regarding claim 30. Ripley discloses wherein the fenestration replacement measuring system is configured to automatically take horizontal measurements of a feature at multiple locations and compare a midpoint measurement with at least one of a top measurement and a bottom measurement (“In a particular embodiment, the computing device 110 may be used to optically measure dimensions of the window 104 by orienting a camera of the computing device 110 toward a window to capture one or more images of the window. In one example, the operator may align a dot or reticle with a corner of the window and touch the touchscreen display to place an object, for example, at the corner of the window. The operator may then reorient the computing device 110 toward an adjacent corner of the window and touch the touchscreen display to place a second object. In this example of object placement, the object may be centered within the display and the user may orient his or her device to align the center of the display with the location on the frame before tapping the display. The process may be repeated until the operator has traced an outline of the window. During the placement operations, the computing device 110 may determine orientation and motion data and may utilize the orientation and motion data to determine a distance between the placed objects”, paragraph 30).
Regarding claim 32 Ripley discloses wherein the fenestration replacement measuring system is configured to identify an exterior wall material (“a “Wood” frame, a “Metal” frame, a “Vinyl” frame, a “Fiberglass” frame, other types of frames, or any combination thereof”, paragraph 96).
Regarding claim 37. Ripley discloses wherein the fenestration replacement measuring system is configured to detect the presence of a screen on the existing fenestration unit using data from the solid object sensor (Fig. 13, depicts windows with a screen).
Regarding claim 41 Ripley discloses wherein the fenestration replacement measuring system is configured to overweight measurement points that intersect with a selected plane (“In a particular embodiment, the computing device 110 may be used to optically measure dimensions of the window 104 by orienting a camera of the computing device 110 toward a window to capture one or more images of the window. In one example, the operator may align a dot or reticle with a corner of the window and touch the touchscreen display to place an object, for example, at the corner of the window. The operator may then reorient the computing device 110 toward an adjacent corner of the window and touch the touchscreen display to place a second object. In this example of object placement, the object may be centered within the display and the user may orient his or her device to align the center of the display with the location on the frame before tapping the display. The process may be repeated until the operator has traced an outline of the window. During the placement operations, the computing device 110 may determine orientation and motion data and may utilize the orientation and motion data to determine a distance between the placed objects”, paragraph 30).
Regarding claim 42. Ripley discloses wherein the fenestration replacement measuring system is configured to combine two or more measurement points to create a virtual measurement point (“In a particular embodiment, the computing device 110 may be used to optically measure dimensions of the window 104 by orienting a camera of the computing device 110 toward a window to capture one or more images of the window. In one example, the operator may align a dot or reticle with a corner of the window and touch the touchscreen display to place an object, for example, at the corner of the window. The operator may then reorient the computing device 110 toward an adjacent corner of the window and touch the touchscreen display to place a second object. In this example of object placement, the object may be centered within the display and the user may orient his or her device to align the center of the display with the location on the frame before tapping the display. The process may be repeated until the operator has traced an outline of the window. During the placement operations, the computing device 110 may determine orientation and motion data and may utilize the orientation and motion data to determine a distance between the placed objects”, paragraph 30).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US PG Pub 2018/0349862 to Ripley et al. discloses in some embodiments, a method may include providing, from a server system to a computing device through a network, an interface including an image of a structure corresponding to an address and including one or more user-selectable objects. The method may further include receiving, at the server system, data related to pixel positions of a plurality of shape objects arranged to represent an area to be serviced at a location corresponding to the image, and automatically determining, at the server system, real world dimensions represented by the plurality of shape objects based on a correlation between pixel positions and real world position data. The method may further include automatically generating, at the server system, a cost estimate associated with a service to be performed based in part on the received data. Additionally, the method can include sending data related to the cost estimate to the computing device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D. WAIT, Esq. whose telephone number is (571)270-5976. The examiner can normally be reached Monday-Friday, 9:30- 6:00.
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, Abderrahim Merouan can be reached at 571 270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER D. WAIT, Esq.
Primary Examiner
Art Unit 2683
/CHRISTOPHER WAIT/Primary Examiner, Art Unit 2683