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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
Claim 6 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 6 of prior U.S. Patent No. 1209168. This is a statutory double patenting rejection.
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Current Application: claim 6
Patent/co-pending application: 1209168, claim 6
A computer-implemented method for processing data defined with respect to an origin point in three-dimensional space, comprising:
with a processor, establishing a set of concentric spherical shells with the origin point as their
origin;
A computer-implemented method for processing data defined with respect to an origin point in three-dimensional space, comprising:
with a processor, establishing a set of concentric spherical shells with the origin point as their
origin;
establishing a discrete global grid on each of the concentric spherical shells;
establishing a discrete global grid on each of the concentric spherical shells;
choosing a discrete global grid indexing system defined for a discrete global grid system formed by a sequence of discrete global grids on the progressively larger or smaller spherical shells; and
choosing a discrete global grid indexing system defined for a discrete global grid system formed by a sequence of discrete global grids on the progressively larger or smaller spherical shells; and
assigning a target location in the three-dimensional space to a corresponding index on a spherical shell.
assigning a target location in the three-dimensional space to a corresponding index on a spherical shell.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-14 and 16 are rejected under 35 U.S.C. 102(a1) as being anticipated by PURSS (WO-2018136996-A1).
Regarding claims 1, 6 and 11, PURSS discloses a computer-implemented method for processing data defined with respect to an origin point in three-dimensional space, comprising:
with a processor (A central processor unit 602 consisting of at least one (1 ) processor core, but ideally multiple processor cores. The processor unit enables the construction and operation of a "volumetric" DGGS following the methods of this invention, paragraph 0054, Fig. 6),
establishing a set of concentric spherical shells with the origin point as their origin (abstract);
establishing a discrete global grid on each of the concentric spherical shells (Each "volumetric" DGGS voxel is referenced at its centroid using a composite indexing schema);
choosing a discrete global grid indexing system defined for a discrete global grid
system formed by a sequence of discrete global grids on progressively larger or smaller spherical shells (The invention comprises extending the cells of a given "surface" DGGS tessellation in Earth Centred Earth Fixed (ECEF) coordinates from the reference ellipsoid (e.g. WGS84) both inward to the centre of mass of the Earth and outwardly to an arbitrary outer ellipsoidal shell defined above the reference ellipsoid, Abstract); and
assigning a target location in the three-dimensional space to a corresponding index on a spherical shell (digital Earth framework is for representing a target on Earth).
Regarding claims 2, 12, PURSS discloses further comprising assigning an index to the established location based on the corresponding concentric cells on each of the shells (DGGS voxel is referenced at its centroid using a composite indexing schema, Abstract).
Regarding claims 3, 13, PURSS discloses wherein the shells are concentric spherical shells (ellipsoidal shells, Abstract), and the cells on each of the shells are hexagonal (three (3) main types of cell shape used to construct a "surface" DGGS (triangles 111 , squares 112 and hexagons 113, paragraph 0043, Fig. 1).
Regarding claims 5, 16, PURSS discloses storing a location in a memory or other computer-based storage based on the assigned index (organise spatial data on a computer (or digital device) such that the data is stored in close association with nearby data. When stored in the order of the locations along the space filling curve, nearby data will also occupy nearby physical memory locations, paragraph 0011)(nearby data has nearby index).
Regarding claim 7, PURSS discloses wherein the discrete global grid system is an icosahedral (icosahedron 105, hexagons 113, paragraph 0043) hexagonal system.
Regarding claim 8, PURSS discloses wherein the discrete global grid system indexing is a hierarchical integer indexing (DGGS implementation may be extended to construct a three-dimensional "volumetric" DGGS implementation that encompasses the interior, surface and atmosphere of the Earth including outer space extending to an arbitrary maximum radius defined by an integer multiple of the Earth's volume, paragraph 0023).
Regarding claim 9, PURSS discloses a database system, comprising:
a processor configured to store location data based on the computer-implemented method of claim 8 (see Fig. 6, processor unit, a volumetric Digital Earth Information System 601 , paragraph 0053-0057).
Regarding claim 10, PURSS discloses wherein a location associated with each data item is stored as one or more integer values (refer to rejection of claim 8).
Regarding claim 14, PURSS discloses further comprising defining a plurality of cells on at least some of the plurality of concentric shells (Defining the same "surface" DGGS tessellation from a) on each ellipsoidal shell from b). d. Defining three-dimensional equal-volume voxels by connecting the vertices of each DGGS cell from c) between each adjacent ellipsoidal shell from b). e. Assigning each voxel, a unique hierarchical index, claim 1).
Allowable Subject Matter
Claims 4, 15 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY K LIU whose telephone number is (571)270-1338. The examiner can normally be reached on every M-F 10 AM to 6:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, please leave a voice message with application serial number and nature of call, a response within 24 hours can be expected during regular business days. Also, the Examiner’s supervisor Vladimir Magloire can be reached at (571)270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2338.
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.
/HARRY K LIU/Primary Examiner, Art Unit 3648 Tel: (571) 270-1338
Fax: (571) 270-2338
Email: harry.liu@uspto.gov
Prosecution Insights