Prosecution Insights
Last updated: April 19, 2026
Application No. 18/446,964

GENERATING AI DATASET USING 3D ENGINE

Non-Final OA §102§103
Filed
Aug 09, 2023
Examiner
BROWN, CHRISTOPHER J
Art Unit
2439
Tech Center
2400 — Computer Networks
Assignee
Raytheon Company
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
3y 6m
To Grant
88%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
533 granted / 707 resolved
+17.4% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
36 currently pending
Career history
743
Total Applications
across all art units

Statute-Specific Performance

§101
12.7%
-27.3% vs TC avg
§103
54.6%
+14.6% vs TC avg
§102
10.4%
-29.6% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 707 resolved cases

Office Action

§102 §103
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. Claim Rejections - 35 USC § 102 (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, 2, 8, 9, 15, 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barbour US 20220405875 . As per claim s 1 , 8, 15 . Barbour teaches A method for machine learning (ML) training dataset generation, the method comprising :receiving or generating, by a scene editor, an image; augmenting, using procedural generation, the image to include a three- dimensional (3D) model of an object resulting in a synthetic image; and generating, by a generative model and based on the synthetic image, a realistic image. [0041] [0121]-[0123] (synthetic/hybrid AI generating many 3d image sets based on changing lighting, location, shadow, angle etc , based on original data captured ) As per claim s 2 , 9, 16 . The method of claim 1, Barbour teaches further comprising training, based on real imagery from an imaging sensor and synthetic images from the scene editor, the generative model. [0121][0122] (training the AI model) Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 3, 4, 5, 10, 11, 12, 17, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barbour US 20220405875 in view of Yang US 20220237908 As per claim s 3 , 10, 17 . The method of claim 2, Yang teaches wherein the imaging sensor generates overhead imagery. [0052] (sky terrain) It would have been obvious to one of ordinary skill in the art before the priority date of the instant application to use the teaching of Yang with Bar b our because it provides more realistic lighting scenarios. As per claim s 4 , 11, 18 The method of claim 3, w Barbour teaches herein the synthetic image includes an object placed at a geographical location, in an orientation, or for which real imagery is otherwise not available. [0122](teaches generating 3d images including location, orientation) As per claim s 5 , 12, 19 The method of claim 1, Yang teaches wherein procedural generation includes labelling locations in the synthetic image at which to locate the 3D model. [0004][0023] [0028][0070] (labeling objects and metadata including weather, location, attributes, etc ) Claim(s) 6, 13, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barbour US 20220405875 in view of Yang US 20220237908 in view of Park US 2024/0087265 As per claim 6 , 13, 20 . The method of claim 5, Park teaches wherein procedural generation further includes generating, for each label or combination of labels, a synthetic image of the synthetic images consistent with the label or combination of labels. [0033] (natural language generation of 3d image) It would have been obvious to one of ordinary skill in the art before the priority date of the instant application to use the teaching of Park with Barbour because it allows easier user manipulation of a synthetic 3d image. Claim(s) 7, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barbour US 20220405875 in view of Park US 2024/0087265 As per claim s 7 , 14 The method of claim 1, Park teaches further comprising: receiving, by the scene editor, metadata of the image; and automatically adjusting, by the scene editor, a lighting angle, shadow, or combination thereof, of the 3D model based on the metadata. [0004] [0022][0056] [0027] [0060] (teaches taking a 2D image and contextual data and metadata to generate a 3d image including lighting effects which may be additionally edited by the user with additional contextual data) It would have been obvious to one of ordinary skill in the art before the priority date of the instant application to use the teaching of Park with Barbour because it allows easier user manipulation of a synthetic 3d image. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CHRISTOPHER BROWN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-3833 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8-5 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Luu Pham can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270-5002 . 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. /CHRISTOPHER J BROWN/ Primary Examiner, Art Unit 2439
Read full office action

Prosecution Timeline

Aug 09, 2023
Application Filed
Mar 02, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
88%
With Interview (+12.6%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 707 resolved cases by this examiner. Grant probability derived from career allow rate.

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