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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/19/2026 has been entered.
Claim Objections
Claim 13 is objected to because of the following informalities: Period is missing. Appropriate correction is required.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 10,192,103. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of instant application are anticipated by claims of U.S. Patent No. 10,192,103.
Claim 1 of instant application
Claim 1 of .S. Patent No. 10,192,103
A method for removing an occlusion from a three- dimensional scan of a target subject, the method comprising: receiving the three-dimensional scan that includes a face of the target subject, the three-dimensional scan comprising a plurality of three-dimensional points; determining that the plurality of three-dimensional points includes a subset plurality of three-dimensional points corresponding to the occlusion, the subset plurality of three-dimensional points corresponding to a subset of the plurality of three- dimensional points; and removing the subset plurality of three-dimensional points corresponding to the occlusion of the face of the target subject from the three-dimensional scan, wherein removing the subset plurality of three-dimensional points corresponding to the occlusion comprises: converting the three-dimensional scan to a two-dimensional image, detecting the occlusion in the two-dimensional image, and determining the occlusion in the three-dimensional scan based on the detected occlusion in the two-dimensional image.
A method for removing an occlusion from a three-dimensional scan of a target subject, the method comprising: receiving the three-dimensional scan that includes a face of the target subject, the three-dimensional scan comprising a plurality of three-dimensional points; determining that the plurality of three-dimensional points includes a subset plurality of three-dimensional points corresponding to the occlusion, the subset plurality of three-dimensional points corresponding to a subset of the plurality of three-dimensional points; and removing the subset plurality of three-dimensional points corresponding to the occlusion of the face of the target subject from the three-dimensional scan, wherein removing the subset plurality of three-dimensional points corresponding to the occlusion of the face comprises: converting the three-dimensional scan to a two-dimensional depth image; detecting edge points in the two-dimensional depth image; determining edge points in the three-dimensional scan based on the detected edge points in the two-dimensional scan; and filtering the edge points in the three-dimensional scan to identify those edge points inside a particular region of the three-dimensional scan associated with the occlusion.
Claim 13 of instant application
Claim 12 of .S. Patent No. 10,192,103
A system for removing an occlusion from a three- dimensional scan of a target subject, the system comprising: a 3D sensor configured to acquire a three-dimensional scan of the target subject, the three-dimensional scan of the target including a face of the target subject, the three- dimensional scan comprising at least a range to each of a plurality of points on the target subject; and a processor configured to: receive the three-dimensional scan from the 3D sensor, determine that the three-dimensional scan includes an occlusion to the face of the target subject, remove, from the three-dimensional scan, a plurality of three-dimensional points corresponding to the occlusion of the face of the target subject, wherein the processor configured to remove the plurality of three-dimensional points corresponding to the occlusion comprises the processor configured to: converting the three-dimensional scan to at wo-dimensional image, detecting the occlusion in the two-dimensional image, and determining the occlusion in the three-dimensional scan based on the detected occlusion in the two-dimensional image
A system for removing an occlusion from a three-dimensional scan of a target subject, the system comprising: a 3D sensor configured to acquire a three-dimensional scan of the target subject, the three-dimensional scan of the target including a face of the target subject, the three-dimensional scan comprising at least a range to each of a plurality of points on the target subject; and a processor configured to: receive the three-dimensional scan from the 3D sensor, determine that the three-dimensional scan includes an occlusion to the face of the target subject, remove, from the three-dimensional scan, a plurality of three-dimensional points corresponding to the occlusion of the face of the target subject by: converting the three-dimensional scan to a two-dimensional depth image, detecting edge points in the two-dimensional depth image, determining edge points in the three-dimensional scan based on the detected edge points in the two-dimensional scan, and filtering the edge points in the three-dimensional scan to identify those edge points inside a particular region of the three-dimensional scan associated with the occlusion.
Claims 2-10 and 14-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being dependent upon a rejected base claim, but would be withdrawn from the rejection if their base claims overcome the rejection by the timely filing of a terminal disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11967179. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of instant application are anticipated by claims of U.S. Patent No. 11967179.
Claim 1 of instant application
Claim 1 of .S. Patent No. 11967179
A method for removing an occlusion from a three- dimensional scan of a target subject, the method comprising: receiving the three-dimensional scan that includes a face of the target subject, the three-dimensional scan comprising a plurality of three-dimensional points; determining that the plurality of three-dimensional points includes a subset plurality of three-dimensional points corresponding to the occlusion, the subset plurality of three-dimensional points corresponding to a subset of the plurality of three- dimensional points; and removing the subset plurality of three-dimensional points corresponding to the occlusion of the face of the target subject from the three-dimensional scan, wherein removing the subset plurality of three-dimensional points corresponding to the occlusion comprises: converting the three-dimensional scan to a two-dimensional image, detecting the occlusion in the two-dimensional image, and determining the occlusion in the three-dimensional scan based on the detected occlusion in the two-dimensional image.
A method for removing an occlusion from a three- dimensional scan of a target subject, the method comprising: receiving the three-dimensional scan that includes a face of the target subject, the three-dimensional scan comprising a plurality of three-dimensional points; determining that the plurality of three-dimensional points includes a subset plurality of three-dimensional points corresponding to the occlusion, the subset plurality of three-dimensional points corresponding to a subset of the plurality of three- dimensional points; and removing the subset plurality of three-dimensional points corresponding to the occlusion of the face of the target subject from the three-dimensional scan, wherein removing the subset plurality of three-dimensional points corresponding to the occlusion comprises converting the three-dimensional scan to a two-dimensional depth image.
Claim 13 of instant application
Claim 13 of .S. Patent No. 11967179
A system for removing an occlusion from a three- dimensional scan of a target subject, the system comprising: a 3D sensor configured to acquire a three-dimensional scan of the target subject, the three-dimensional scan of the target including a face of the target subject, the three- dimensional scan comprising at least a range to each of a plurality of points on the target subject; and a processor configured to: receive the three-dimensional scan from the 3D sensor, determine that the three-dimensional scan includes an occlusion to the face of the target subject, remove, from the three-dimensional scan, a plurality of three-dimensional points corresponding to the occlusion of the face of the target subject, wherein the processor configured to remove the plurality of three-dimensional points corresponding to the occlusion comprises the processor configured to: converting the three-dimensional scan to at wo-dimensional image, detecting the occlusion in the two-dimensional image, and determining the occlusion in the three-dimensional scan based on the detected occlusion in the two-dimensional image
A system for removing an occlusion from a three- dimensional scan of a target subject, the system comprising: a 3D sensor configured to acquire a three-dimensional scan of the target subject, the three-dimensional scan of the target including a face of the target subject, the three- dimensional scan comprising at least a range to each of a plurality of points on the target subject; and a processor configured to: receive the three-dimensional scan from the 3D sensor, determine that the three-dimensional scan includes an occlusion to the face of the target subject, remove, from the three-dimensional scan, a plurality of three-dimensional points corresponding to the occlusion of the face of the target subject, wherein the processor configured to remove the plurality of three-dimensional points corresponding to the occlusion comprises the processor configured to convert the three-dimensional scan to a two-dimensional depth image.
Claims 2-10 and 14-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being dependent upon a rejected base claim, but would be withdrawn from the rejection if their base claims overcome the rejection by the timely filing of a terminal disclaimer.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray (U.S. PG-PUB NO. 2018/0293740) in view of Chen (U.S. PG-PUB NO. 2009/0110239).
-Regarding claim 1, Murray discloses a method for removing an occlusion from a three- dimensional scan of a target subject, the method comprising: receiving the three-dimensional scan, the three-dimensional scan comprising a plurality of three-dimensional points (process volumetric data (i.e., 3D imaging data) from a volumetric data source 102 to generate a model of the scene where the object 107 is being obscured by the material 106, [0022]); determining that the plurality of three-dimensional points (processor 110 processes 3D imaging data of a scene with 2D image data of the scene to generate a model of the material 106 obscuring the object 107, [0025]); and removing the subset plurality of three-dimensional points from the three-dimensional scan (the processor 110 detects the material, the processor 110 generates an image of the scene, in the process element 154, using for example the 2D data from the 2D image source 104. The processor 110 then removes the data pertaining to the material 106 from the image to reveal the object 107 in the image, in the process element 155, [0027]), wherein removing the subset plurality of three-dimensional points corresponding to the occlusion comprises: converting the three-dimensional scan to a two-dimensional image (pixel index and detection time may be used to tag the points 452 from a hard surface model point cloud 454 that fall within the pixel field of view 451 along a path 453. An image could then be rendered of the point cloud where points 452 in the point cloud have been assigned color and intensity from a 2D image, [0074]), detecting the occlusion in the two-dimensional image (contrast in 2D images data may be used to identify 3D surface edges, [0067]), and determining the occlusion in the three-dimensional scan based on the detected occlusion in the two-dimensional image (an associated 2D image pixel intensity (with associated spectral band) to each angular coordinate associated with the volumetric data, [0073]).
Murray is silent to teaching that includes a face of the target subject; includes a subset plurality of three-dimensional points corresponding to the occlusion; the subset plurality of three-dimensional points corresponding to a subset of the plurality of three-dimensional points; corresponding to the occlusion of the face of the target subject. However, the claimed limitation is well known in the art as evidenced by Chen.
In the same field of endeavor, Chen teaches that includes a face of the target subject (object identification technique specifically finds objects that represent people, specific face-detection software 308, [0032]); includes a subset plurality of three-dimensional points corresponding to the occlusion (object evaluator 304 can call the "relative position determiner" 306 to see if one object lies in front of, and partially occludes, another object, [0031]); the subset plurality of three-dimensional points corresponding to a subset of the plurality of three-dimensional points (the data representing that visual object may be simply removed by the object replacer 312 from the image dataset 300, [0035]); corresponding to the occlusion of the face of the target subject (specific face-detection software 308, [0032]).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Murray with the teaching of Chen in order to detect and remove occluding objects in front of an imaged person and reveal the face behind them which is predictable use of a known technique on a similar subject.
-Regarding claim 2, the combination further discloses reconstructing the three- dimensional scan to compensate for the removed subset plurality of three-dimensional points (Murray, removes the data pertaining to the material 106 from the image to reveal the object 107, [0027]).
-Regarding claim 13, Murray discloses a system for removing an occlusion from a three- dimensional scan of a target subject, the system comprising: a 3D sensor configured to acquire a three-dimensional scan of the target subject comprising the three-dimensional scan of the target (volumetric sensor 103, such as a lidar system or other 3D imaging device, [0022]), the three- dimensional scan comprising at least a range to each of a plurality of points on the target subject (Lidar return data can be collected by a receiver and a range response of the lidar system can be computed, [0031]); and a processor configured to: receive the three-dimensional scan from the 3D sensor (process volumetric data (i.e., 3D imaging data) from a volumetric data source 102 to generate a model of the scene where the object 107 is being obscured by the material 106, [0022]), determine that the three-dimensional scan (processor 110 processes 3D imaging data of a scene with 2D image data of the scene to generate a model of the material 106 obscuring the object 107, [0025]), remove, from the three-dimensional scan, a plurality of three-dimensional points (the processor 110 detects the material, the processor 110 generates an image of the scene, in the process element 154, using for example the 2D data from the 2D image source 104. The processor 110 then removes the data pertaining to the material 106 from the image to reveal the object 107 in the image, in the process element 155, [0027]), wherein the processor configured to remove the plurality of three-dimensional points corresponding to the occlusion comprises the processor configured to: converting the three-dimensional scan to a two-dimensional image (pixel index and detection time may be used to tag the points 452 from a hard surface model point cloud 454 that fall within the pixel field of view 451 along a path 453. An image could then be rendered of the point cloud where points 452 in the point cloud have been assigned color and intensity from a 2D image, [0074]), detecting the occlusion in the two-dimensional image (contrast in 2D images data may be used to identify 3D surface edges, [0067]), and determining the occlusion in the three-dimensional scan based on the detected occlusion in the two-dimensional image (an associated 2D image pixel intensity (with associated spectral band) to each angular coordinate associated with the volumetric data, [0073])
Murray is silent to teaching that includes a face of the target subject; includes an occlusion to the face of the target subject; the subset plurality of three-dimensional points corresponding to a subset of the plurality of three-dimensional points; corresponding to the occlusion of the face of the target subject. However, the claimed limitation is well known in the art as evidenced by Chen.
In the same field of endeavor, Chen teaches that includes a face of the target subject (object identification technique specifically finds objects that represent people, specific face-detection software 308, [0032]); includes a subset plurality of three-dimensional points corresponding to the occlusion (object evaluator 304 can call the "relative position determiner" 306 to see if one object lies in front of, and partially occludes, another object, [0031]); the subset plurality of three-dimensional points corresponding to a subset of the plurality of three-dimensional points (the data representing that visual object may be simply removed by the object replacer 312 from the image dataset 300, [0035]); corresponding to the occlusion of the face of the target subject (specific face-detection software 308, [0032]).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Murray with the teaching of Chen in order to detect and remove occluding objects in front of an imaged person and reveal the face behind them which is predictable use of a known technique on a similar subject.
-Regarding claim 15, the combination further discloses the processor is further configured to reconstruct the three-dimensional scan to compensate for the removed plurality of three-dimensional points corresponding to the occlusion of the face of the target subject (Murray, removes the data pertaining to the material 106 from the image to reveal the object 107, [0027]).
Claim(s) 3, 14, 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray (U.S. PG-PUB NO. 2018/0293740) in view of Chen (U.S. PG-PUB NO. 2009/0110239) and further in view of Al-Qunaieer (U.S. PG-PUB NO. 2017/0032179).
-Regarding claim 3, the combination is silent to teaching that comparing the three-dimensional scan with the removed subset plurality of three- dimensional points against a known image. However, the claimed limitation is well known in the art as evidenced by Al-Qunaieer.
In the same field of endeavor, Al-Qunaieer teaches comparing the three-dimensional scan with the removed subset plurality of three- dimensional points against a known image (see abstract).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of the combination with the teaching of Al-Qunaieer in order to the skin mask and correlation filter for a subject individual.
-Regarding claim 14, the combination further discloses the occlusion comprises a hand, a pair of eyeglasses, a hat, a scarf, a cellphone, hair, or a cup (Al-Qunaieer, scarf, [0027]).
-Regarding claim 16, the combination further discloses the processor is further configured to compare the three-dimensional scan with the removed plurality of three-dimensional points against a known image (Al-Qunaieer, see abstract).
-Regarding claim 17, the combination further discloses the processor is further configured to compare the reconstructed three-dimensional scan against a known image (Al-Qunaieer, see abstract).
Allowable Subject Matter
Claims 4-12 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/PING Y HSIEH/ Primary Examiner, Art Unit 2664
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