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 .
Response to Arguments
Applicant's arguments filed 09/12/2026 have been fully considered but they are not persuasive.
Regarding rejection on claim 1, applicant argued applicant argued Ikeda's center of boundary box is never used as the basis of a dimension estimation algorithm. Applicant further argued that using a point as the origin of a coordinate system is not and cannot be considered to be equivalent to estimating dimension as a function of the distances of cloud points from the center.
However, examiner respectfully disagrees. First off, argued claim fails to limit what “a center of said point cloud” is; fails to limit how “center” is determined; and fails to limit whether “point cloud” is in 2D or 3D. A point cloud is not inherently restricted to 3D though it is typically used in 3D. In preamble of the argued claim, said “point cloud” represent an object. But it merely means outer surface of the object is mapped as a collection of dots floating in 2D or 3D space. Without further limitation, the claim argued is open to any broadest reasonable interpretation.
As primary reference, Ikeda teach using a 3D bounding box (cuboid) for containing an object and a center of the cuboid may be used as an origin (paragraph 0010). A 3D bounding box is known for drawing around an object to define its exact spatial location, physical dimensions, and orientation in a 3D space. To one of ordinary skill in the art, the center of the bounding box would be considered as a center of the object (or point cloud representing the object). In Figs. 11-12 of Ikeda, outline of the irregular shape of the object inside the bounding box would be where at least one point of the point cloud resides. Ikeda shows center of the cuboid to be at the center of the outline of the object (P0 of Figs. 11-12; paragraphs 0071, 0071). For example, a distance r between the outermost intersection point between a straight line L and the cross-sectional shape Sc (e.g., at outline of the shape) and an origin P0 (center of cuboid) in the plane P (Fig. 6; paragraphs 0074-0075).
Thus, rejection is proper and maintained.
Regarding rejection of claim 14, applicant argued “In making a ground of rejection of Claim 15, the Office Action only states "(paragraphs 0048-0053, angular period)," wherein the brief parenthetical comment, without meaningful explanation of how the cited portion.
However, examiner respectfully disagrees. First off, claim 15 does not comprise “said at least two angles of rotation are obtained by incrementing values of the angles by a constant pitch.” Second off, to one of ordinary skill in the art, argued limitation in claim 14 is self-evident, such that “constant pitch” can be interpreted as either a current angle value or two times the angle value, which any one of the two will lead to adding a fixed step size to the previous angle. Similarly, an angular period is the smallest turn needed for a shape to match its original outline, rotating the angular period twice would match as well. So, angular period of Ikeda can be interpreted as a pitch.
Thus, rejection is proper and maintained.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6, 12-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ikeda (US2023/0316648).
To claim 1, Ikeda teach a method of estimating at least one dimension of an object, said object represented by a point cloud relating to a scene comprising said object (abstract, Fig. 1), said estimating comprising:
taking into account a distance (r of Fig. 6), of at least one point of a plurality of points of said point cloud, from a center of said point cloud in at least one direction (paragraphs 0010, 0071, 0074-0075, a cuboid containing the object may be used as a three-dimensional bounding box and a center of the cuboid may be used as an origin).
To claim 15, Ikeda teach a recording medium readable by a computer on which there is recorded a computer program comprising instructions to execute the steps of a method of estimating at least one dimension of an object, said object represented by a point cloud relating to a scene comprising said object (as explained in response to claim 1 above).
To claim 16, Ikeda teach a device to estimate at least one dimension of an object, said object represented by a point cloud relating to a scene comprising said object (as explained in response to claim 1 above).
To claim 6, Ikeda teach claim 1.
Ikeda teach wherein a coordinate of said center of the point cloud in a dimension is obtained as being a median of coordinates of the plurality of points of the point cloud in said dimension (paragraphs 0038, 0043, 0046, 0055, initial reference coordinate system with the center of the cuboid as the origin).
To claim 12, Ikeda teach claim 1.
Ikeda teach wherein the dimension of the object is estimated in three directions corresponding to a width, depth and height of said object, the three estimated directions defining a box bounding said object (paragraph 0010).
To claim 13, Ikeda teach claim 12.
Ikeda teach further comprising a rotation over at least two angles of said point cloud about said centre (paragraphs 0048-0057, rotate with an angular period), said dimension being estimated for the at least two angles (paragraphs 0052, 0067, XYZ orientations), and the method comprising the selecting of the estimated dimension giving the bounding box having the smallest volume, from among said estimated dimensions for said at least two angles (paragraphs 0065-0070).
To claim 14, Ikeda teach claim 13.
Ikeda teach wherein said at least two angles of rotation are obtained by incrementing values of the angles by a constant pitch (further limitation of “at least two angles of rotations” is self-evident, wherein the pitch can be interpreted as either a number or the angle itself; Ikeda’s paragraphs 0048-0057, angular period is a predetermined angle for rotation that shows rotationally symmetric, which can be interpreted as a pitch).
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ikeda (US2023/0316648).
To claim 11, Ikeda teach claim 1.
Ikeda teach wherein: the estimated dimension is compared with a value function of a measurement noise (S310 of Fig. 5); and when said estimated value is lower than said value function of said measurement noise, the estimated dimension is equal to twice a distance between the point the furthest distant from the center and said center (paragraphs 0073-0074, distance between the outermost intersection point and the origin Po is defined as r; S311 of Fig. 5; paragraphs 0082-0084, since distance is estimated from initial origin/center, estimated dimension would obviously be twice of r).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHIYU LU whose telephone number is (571)272-2837. The examiner can normally be reached Weekdays: 8:30AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen R Koziol can be reached at (408) 918-7630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ZHIYU . LU
Primary Examiner
Art Unit 2669
/ZHIYU LU/Primary Examiner, Art Unit 2665 September 12, 2026
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