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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/17/2026 has been entered.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). However, this claim for foreign priority is improper as the foreign priority cannot be claimed to a US application; a foreign priority claim is for a prior application filed in a foreign country, please see MPEP sections 213 and 1893.03(c) for further guidance. Furthermore see MPEP section 211.02(a) for the correction of a benefit claim after filing.
Response to Amendments
The amendments to the claims filed 03/17/2026 have been acknowledged accepted and entered. Previously claims 1 – 11 and 13 – 20 were pending; claims 1, 2, 13, 16, and 17 have been amended, and now claims 1 – 11 and 13 – 20 are still currently pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed on 03/17/2026, with respect to independent claim 1 and 16 have been fully considered and are persuasive. The 103 claim rejections of independent claims 1 and 16 and their respective dependent claims have herein been withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 – 11 and 13 – 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding independent claims 1 and 16, the claims state “wherein each isolated image comprises substantially only a set of pixels representing the indicated product;” in their respective claims. The word “substantially” is an approximation word that does not provide a clear definition as to what is considered substantial, furthermore the use of the word “substantially” next to the word “only” makes it more unclear as to whether the isolated image must comprise “substantially” a set of pixels representing the indicated product, or “only” a set of pixels representing the indicated product. Therefore, the claims are rejected for using approximation words and for failing to clearly point out and distinctly claim the subject matter of the claimed invention.
Claims 2 – 11, 13 – 15, and 17 – 20 are rejected based on their dependency to claims 1 and 16 respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEJANDRO HERNANDEZ whose telephone number is (703)756-1876. The examiner can normally be reached M-F 8 am - 5 pm ET.
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, John M Villecco can be reached at (571) 272-7319. 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.
/ALEJANDRO HERNANDEZ/Examiner, Art Unit 2661
/JOHN VILLECCO/Supervisory Patent Examiner, Art Unit 2661
Prosecution Insights