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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered.
Response to Amendment
The amendment was filed on 12/19/2025.
Claims 1-4, 6-11, 13-18, and 20-23 are pending. Claims 5, 12, and 19 are canceled. Claims 21-23 are newly added.
Response to Arguments
Applicant’s arguments filed on 12/19/2025 under Remarks on page 10 with respect to Double Patenting rejection have been fully considered but they are not persuasive.
Applicant’s arguments, see Remarks on pages 10-12, filed 12/19/2025, with respect to 35 USC 103 have been fully considered and are persuasive. The rejection has been withdrawn.
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 1-4, 6-11, 13-18, and 20-23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 18/327,828 (Patent No., 12,411,660) and claims 1-20 of 18/327,830 (reference applications). Although the claims at issue are not identical, they are not patentably distinct from each other because they are anticipated and obvious/parallel in nature. Claim 1 is used as an example below. Dependent claims are similarly mapped.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Present US Patent Application 18/327,819
US Patent Application 18/327,828 US Patent 12,411,660
US Patent Application 18/327,830
1. A computer-implemented method for generating applications based on a domain specific language (DSL), the computer-implemented method comprising:
1. A computer-implemented method for generating applications based on a domain specific language (DSL), the computer-implemented method comprising:
1. A computer-implemented method for generating applications based on a domain specific language (DSL), the computer-implemented method comprising:
receiving DSL specification for an application for capturing measurements based on user movements, the DSL specification comprising a set of DSL commands, the set of DSL commands comprising at least a DSL command for measuring an angle based on body parts
receiving DSL specification for an application for monitoring user movements, the DSL specification comprising a set of DSL commands including at least a DSL command for taking a particular measurement based on user movement specifying an angle based on an anchor point, a first point, and a second point, wherein at least one of the anchor point, the first point, or the second point is a stable point based on a landmark body part of an input user displayed in an image;
receiving DSL specification for an application, the DSL specification comprising a set of DSL commands including at least a DSL command using a virtual point defined using a plurality of landmarks associated with an input user, each landmark representing a part of body of the input user displayed in an image;
compiling the DSL specification to generate a set of instructions for implementing set of the DSL commands, wherein the set of instructions when executed by a device, cause the device to perform steps comprising:
compiling the DSL specification to generate a set of instructions, wherein instructions generated for the DSL command determine the angle between a first vector formed by the anchor point and the first point and a second vector formed by the anchor point and the second point, wherein the set of instructions cause a device to perform steps comprising:
compiling the DSL specification to generate a set of instructions, wherein the set of instructions cause a device to perform steps comprising:
a user performing the one or more actions;
requesting a user to perform a set of movements associated with the landmark body part;
receiving a plurality of images of the user captured by a camera monitoring the set of movements performed by the user,
receiving one or more images of a user;
identifying an anchor point, a first point and a second point based on body parts detected in the one or more images; and
each image of the plurality of images displaying the landmark body part of the user at a position, wherein at least two images display the landmark body part of the user at distinct positions;
determining a plurality of observations, each observation representing a position of the landmark body part of the user in an image from the plurality of images;
identifying the plurality of landmarks used for defining the virtual point; determining based on the one or more images of the user, coordinates representing positions of each of the plurality of landmarks;
determining an angle , the angle between a first vector formed by the anchor point and the first point and a second vector formed by the anchor point and the second point; and
determining a position of the stable point corresponding to the landmark body part of the user based on an aggregate position determined from the plurality of observations; and
determining the particular measurement using the position of the stable point corresponding to the landmark body part of the user; and
determining coordinates of the virtual point as a combination of coordinates representing positions of each of the plurality of landmarks; and determining a particular measurement based on the virtual point; and
deploying the set of instructions on a computing system causing the computing system to take a set of measurements based on user movements and provide the set of measurements to a target system for review.
deploying the set of instructions on a computing system causing the computing system to take a set of measurements of movements performed by a target user and provide the set of measurements to a target system for review.
deploying the set of instructions on a computing system causing the computing system to take a set of measurements including the particular measurement and provide the set of measurements to a target system for review.
5. The computer-implemented method of claim 2, wherein the DSL command for taking the particular measurement based on user movement specifies an angle based on an anchor point, a first point, and a second point, wherein at least one of the anchor point, the first point, or the second point is a virtual point, wherein instructions generated for the DSL command are configured to determine the angle between a first vector formed by the anchor point and the first point and a second vector formed by the anchor point and the second point.
Allowable Subject Matter
Claims 1-4, 6-11, 13-18, and 20-23 are allowed over cited prior art – in a case a terminal disclaimer is filed to overcome the Double Patenting rejection made above.
The following is a statement of reasons for the indication of allowable subject matter: the cited art of record fails to teach, suggest or disclose the limitation/feature of “receiving DSL specification for an application for capturing measurements based on user movements, the DSL specification comprising a set of DSL commands, the set of DSL commands comprising at least a DSL command for measuring an angle based on body parts; compiling the DSL specification to generate a set of instructions for implementing the set of DSL commands, wherein the set of instructions when executed by a device, cause the device to perform steps comprising: receiving one or more images of a user; identifying an anchor point, a first point and a second point based on body parts detected in the one or more images; and determining an angle based on the one or more images the angle between a first vector formed by the anchor point and the first point and a second vector formed by the anchor point and the second point; and deploying the set of instructions on a computing system causing the computing system to take a set of measurements based on user movements and provide the set of measurements to a target system for review” recited in claim 1 and corresponding claims 8 and 15. Dependent claims would be allowed for the same reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEFALI D. GORADIA whose telephone number is (571)272-8958. The examiner can normally be reached Monday-Thursday 8AM-6PM, Friday 8AM-12PM.
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SHEFALI D. GORADIA
Primary Patent Examiner
Art Unit 2676
/SHEFALI D GORADIA/Primary Patent Examiner, Art Unit 2676