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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3 are rejected under 35 U.S.C. 101 because:
Regarding to claim 1: The claim(s) is/are simply directed to a method for estimating a geometry of a reflective surface in theory and therefore analyzed as including concepts directed to “mathematical concepts” of abstract ideas performed using mathematical calculations (see MPEP 2106.04(a)(2), subsection I). Thus, this limitation falls into the “mathematical concepts” grouping of abstract ideas. Furthermore, the additional step of integrating of the slope field does no more than adding insignificant extra-solution activity to the judicial exception. In other words, this additional step is insufficient to amount to significantly more than the judicial exception (Abstract idea) to transform the claimed subject matter into a patent-eligible application. Accordingly, the claim(s) is/are not patent eligible. In addition, “when determining whether a claim integrates a judicial exception into a practical application and recites significant more” is “whether the claim effects a transformation or reduction of a particular article to a different state of thing” (MPEP 2106.05(c) Particular Transformation). In this case, the claim stops short at integrating the slope field by modeling and searching without further specifically identifying a transformation/reduction to “a different state of thing”, “a different function or use”, or “a physical or tangible object or substance”.
Regarding to claims 2-3: Regarding to the equation E for the integration of the slope field, MPEP 2106.04(a)(2) (Abstract Idea Grouping – Mathematic Concepts) states that “A claim that recites a numerical formula or equation will be considered as falling within the “mathematical concepts” grouping” and “The mathematical concepts grouping is identified as mathematical relationships, mathematical formulas or equations, and mathematical calculations”, as a result, the equation as claims falls within this grouping as abstract idea.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
2. Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding to claim 1: The claim cites the measurement of the slope field, but the Specification, as filed, does not describe how such measurement takes place. The Specification also does not teach how to obtain the rotational component and the gradient component in order to perform the integration of the slope field. Furthermore, the preamble of claim 1 even though is for estimating a geometry of a reflective surface, the acts of the claim body however do not specifically result on producing such estimation.
Regarding to claims 2-3: Regarding to the equation (E) (addressed in the claims), the Specification teaches that the equation (E) is used to carry out the integration, the Specification however does not specify on how to obtain the derivation matrix, the penalization, and the regularisation coefficients as the inputs for performing the integration.
Claims 4-8 are rejected because they depend on claim 1, 2, or 3.
CONTACT INFORMATION
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The most pertinent prior art is cited in the attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAM S NGUYEN whose telephone number is (571)272-2151.
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, DOUGLAS RODRIGUEZ, can be reached on 571-431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LAM S NGUYEN/ Primary Examiner, Art Unit 2853