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 .
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 21-24 and 27-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 9-12, and 15-17 of U.S. Patent No. 12,045,922. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims are a variation of the patented claims.
Claims 21-24 and 27-40 of the instant application are anticipated by patent claims 1-4, 9-12, and 15-17, in that claims 1-4, 9-12, and 15-17 of the patent contains all the limitations of claims 21-24 and 27-40 of the instant application. Claims 21-24 and 27-40 therefore are not patently distinct from the earlier patent claims and as such are unpatentable for anticipatory-type double patenting.
Instant Application 18/740,577
U.S. Patent 12,045,922
21. A computer implemented method comprising: accessing, by a computer system comprising a processing unit, composite image data;
1. A computer implemented method comprising: accessing, by a computer system comprising a processing unit, composite image data;
processing, by the computer processing system, the composite image data to generate an ordered stream of input operations, the ordered stream of input operations comprising vector type operations and raster type operations;
processing the composite image data to generate an ordered stream of input operations, the ordered stream of input operations comprising vector type operations and raster type operations;
determining a first set of vector type operations, wherein the first set of vector type operations includes two or more vector type operations that are in order in the ordered stream of input operations and that occur in the ordered stream of input operations without an intervening raster type operation;
creating a set of page elements for an editable document by: processing the ordered stream of input operations by, for each input operation: determining a type of the input operation; in response to determining that the input operation is a vector type operation, appending the vector type operation to an operations buffer; and in response to determining that the input operation is a raster type operation: flushing the operations buffer; creating a raster page element corresponding to the raster type operation; and appending the raster page element to the set of page elements;
generating a first page element for an editable document based on the first set of vector type operations.
and wherein flushing the operations buffer comprises: processing one or more vector type operations in the operations buffer to generate one or more corresponding page elements; appending the one or more corresponding page elements to the set of page elements.
The above table illustrates a comparative mapping between the limitations of claim 21 of the instant application and the limitations of claim 1 of U.S. Patent 12,045,922. The following is a complete listing of the correspondence between the claims of the instant application to U.S. Patent 12,045,922.
Claims of Instant Application
21
22
23
24
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Claims of U.S. Patent 12,045,922
1
1
1
2
9
3
4
10
15
10
11
12
16
16
17
10
15
10
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 21-23, 27-29, and 35-37 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Voliter (US 2020/0117347 A1).
Regarding claim 21, Voliter discloses a computer implemented method comprising: accessing, by a computer system comprising a processing unit, composite image data; (Paragraph 0039, digital image with vector and raster graphics) processing, by the computer processing system, the composite image data to generate an ordered stream of input operations, the ordered stream of input operations comprising vector type operations and raster type operations; (Paragraphs 0042-0043, different operations for vector and raster portions of the image for generating separate representations using separate vector and raster selection modules) determining a first set of vector type operations, wherein the first set of vector type operations includes two or more vector type operations that are in order in the ordered stream of input operations and that occur in the ordered stream of input operations without an intervening raster type operation; (Paragraph 0054, the vector selection module can identify control points and curves of the vector graphic) generating a first page element for an editable document based on the first set of vector type operations (Paragraph 0057, generating an edited vector selection representation for the image).
Regarding claim 22, Voliter discloses the ordered stream of input operations includes a first raster type operation; (Paragraph 0056, raster selection module for processing the raster graphic) the first raster type operation occurs in the ordered stream of input operations after the two or more vector type operations of the first set of vector type operations; (Figure 3, elements 304 and 306, raster operations occur after vector operations) and the method further includes generating a second page element for the editable document based on the first raster type operation (Paragraph 0057, generating an edited raster selection representation).
Regarding claim 23, Voliter discloses generating a second page element for the editable document based on the first set of vector type operations (Paragraph 0052, a graphic selection module selections portions of the vector graphic that can determine what is edited resulting in different edited vector selection representations).
Regarding claim 27, Voliter discloses wherein the composite image data is portable document format data (Paragraph 0025, the digital image with vector graphic data can be found in a portable document format).
Regarding claim 28, Voliter discloses wherein the first page element is a vector page element (Paragraph 0057, edited vector selection representation).
Regarding claim 29, Voliter discloses wherein the first page element is a raster page element (Paragraph 0044, vector graphics can be converted to raster graphics).
Regarding claim 35, similar reasoning as discussed in claim 21 is applied.
Regarding claim 36, similar reasoning as discussed in claim 22 is applied.
Regarding claim 37, similar reasoning as discussed in claim 23 is applied.
Allowable Subject Matter
Claims 25 and 26 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 and all other rejections are resolved.
Regarding claim 25, the prior art does not clearly disclose the computer implemented method of claim 24, further comprising: identifying a second group of vector type operations, wherein the second group of vector type operations includes two or more vector type operations from the first set of vector type operations that have expanded bounding boxes that are collectively overlapping but do not overlap any expanding bounding box of a vector type operation in the first group of vector type operations; and generating a second page element based on the vector type operations in the second group of vector type operations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Batra et al. (US 2021/0064858 A1) discloses vector operations followed by raster operations. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHI HOANG whose telephone number is (571)270-3417. The examiner can normally be reached Mon-Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JASON CHAN can be reached at (571)272-3022. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHI HOANG/Primary Examiner, Art Unit 2619