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
Claims 1-5 and 7-14 are pending and the applicant has placed claim 11 in condition for allowance by amending it to include allowable subject matter from claim 6.
Regarding the 101 rejection, the applicant argues:
“Applicant respectfully submits that the amendments made herein to Claim 1 convert each of Claims 1-9 into one of the four categories of patent eligible subjet matter. Software instructions per se are no longer claimed; a executable processor is explicitly recited, along with the details of embodiment thereof, drawn in part from dependent Claim 10, which was notably not rejected on this basis. Applicant thus respectfully requests withdrawal of this rejection in due course.”
The examiner respectfully disagrees because claim 1 has been amended to: 1. (Currently Amended) A computer implemented method for forming a digital surface model of treetops, the method (100) comprising one or more processors executing a computer program comprising program instructions stored on a non-transitory computer-readable storage medium (412) to perform compriscs the steps of:
obtaining (110) at least two images captured from a flying platform;
obtaining a set of relative differences in image capture position and/or pose corresponding to said at least two images;
detecting (130) treetops in each image;
determining (140) a three-dimensional treetop position for each matching treetop detected in plurality of said at least two images, said determining of the three-dimensional treetop position being based on said set of relative differences in image capture position and/or pose; and
forming (150) the digital surface model based on said determined three-dimensional at least one determined treetop positions.
As is shown supra, the one or more processors that execute a program to perform the steps, are recited in the preamble only, not in the body of the claim.
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 1-5 and 7-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 1 is directed to: “A computer implemented method for forming a digital surface model of treetops, the method (100) comprising one or more processors executing a computer program comprising program instructions stored on a non-transitory computer-readable storage medium (412) to perform the steps of:”
obtaining, obtaining, detecting, determining and forming which are nothing more than software instructions. Software instructions are non-statutory under 35 U.S.C. 101.
Claims 2-5 and 7-9 depend from claim 1 and contain further steps, for example claim 2 includes the steps of obtaining, detecting and determining, therefore claims 2-5 and 7-9 are rejected under the same rationale.
Claim 10 depends from claim 1 but has not been rejected under 101, because it contains a computer program product comprising a non-transitory crm.
Allowable Subject Matter
Claims 1-5 and 7-9 would be allowed, except for the 101 rejection.
Claim 10 is objected to for depending on rejected claim 1.
Claims 11-14 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regardng claim 11, the prior art doesn’t teach:
obtain a set of relative differences in image capture position and/or pose corresponding to said at least two images;
determine a treetop position for each matching treetop detected in a plurality of said at least two images, said determining of the three-dimensional treetop position being based on said set of relative differences in image capture position and/or pose; and
form the digital surface model based on said determined three-dimensional s.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 MAURICE L MCDOWELL, JR whose telephone number is (571)270-3707. The examiner can normally be reached Mon-Fri: 2pm-10pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Said A. Broome can be reached at 571-272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAURICE L. MCDOWELL, JR/Primary Examiner, Art Unit 2612
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