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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/19/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11842467. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are broader in every aspect than the patented claims 1-16 and thus anticipated by the patent claims. Specifically, the patent claims 1-16 are identical to claims 1-16 of the instant application except for the additional limitation in the patented independent claims 1, 9, and 13 of “an estimation unit configured to estimate the object region from the size and a direction of the first reference region.” As per MPEP 804(II)(B)(2) a non-statutory double patenting rejection is appropriate when the claims under examination are anticipated by the patent claims.
Allowable Subject Matter
Claims 1-16 would be allowable pending either a successful traversal of the above double patenting rejection, or the filing of a terminal disclaimer (and accompanied by a reply requesting reconsideration of this Office action), or amending the claims to patentably distinguish the application claims from the patented claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record neither anticipates nor renders obvious the instant combination in an apparatus (cl. 1), a method (cl. 9), and a non-transitory computer-readable storage medium (cl. 13) comprising, inter alia, a first processing unit configured to perform first image processing on the object region; a second processing unit configured to perform second image processing on a region other than the object region; a first determination unit configured to determine, in the object region, a first referential region to undergo the first image processing, the first referential region having a size that is approximating the object region and is smaller than the object region; a second determination unit configured to determine a second referential region having a size that is approximating the object region and is larger than the object region, in order to determine the region to undergo the second image processing. (emphasis added)
Dependent claims 2-8, 10-12, and 14-16 are allowable by virtue of their dependency upon allowable independent claims 1, 9, and 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited is reflective of the state of the art in terms of facial recognition/tracking and also the use of different image signal processing techniques for regions of interest (e.g. face) versus the background (blurring).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID OMETZ whose telephone number is (571)272-7593. The examiner can normally be reached M-F, 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sumati Lefkowitz can be reached at 571-272-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID OMETZ
Primary Examiner
Art Unit 2672
/DAVID OMETZ/Primary Examiner, Art Unit 2672