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 .
DETAILED ACTION
Amendment
The amendment filed on 02/02/2026 has been entered into this application. Claim 2 is/are cancelled.
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 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,061,152 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations claimed in claims 1-14 of the instant application are found in claims 1-15 of the Patent and the claims of the present application are broader than the claim of the Patent.
They correspond as follows:
18/755,217
12,061,152 B2
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The difference between the present application and the Patent is that the present application claimed damage in captured image while the Patent claimed wherein in a case in which the damage is a plurality of fissures in the captured image ……... belonging to a group or a specific type of damage. The Patent claimed at least type of damage that would anticipate or obvious to the claims of the present application. Both are repair diagram generation device/method and non-transitory computer readable recording medium storing a program causing a computer to execute a repair diagram generation process. The patent claim disclosure teaches that the damage defect is such as a fissure is detected based on the captured image and repair.
For the purposes of clarity, a processor/computer which is a programmable machine that performs high-speed processing of numbers, as well as of text, graphics, symbols, and sound. Processor/Computers generally contain a central processing unit that interprets and executes instructions; input devices, such as a keyboard and a mouse, through which data and commands enter the computer; memory that enables the computer to store programs and data; and output devices, such as printers and display screens/monitor), that show the results after the computer/processor has processed data.
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) 1 and 3-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horita (2020/0349695 A1, previously cited reference)
Regarding claims 1, 13 and 14, Horita discloses a repair/correction diagram generation device/method (claim 13) and non-transitory computer readable recording medium storing a program causing a computer to execute a repair diagram generation process (claim 14) is included in an image processing apparatus (figs. 2-5, and 29-31) comprising:
a camera a digital camera 100 acquires images with an image capturing unit 110 that acquires a captured image of a structure [pars. 0074 and 0076]; and
a processor an image processing apparatus main body 200 configured to:
a damage detection unit 210B detect damage from the captured image by image processing image processing apparatus main body 200 and specify a degree of the damage;
an image determination unit 210C and a construction information acquisition unit 210E specify a repair/correction/make revision method of the damage based on the damage and the degree of the damage; and
detection result revising unit 210F generate a repair/correction/make revision diagram showing/displaying a repair region and the repair method for repairing the damage based on the damage and the repair method [pars. 0078-81, 0101-102];
wherein the processor image processing apparatus main body 200 is configured to calculate a size of the repair region based on the repair diagram, and generate a repair quantity table including the size of the repair region [pars. 0091, 0105, 0107, 0117], and
monitor 232 display the repair diagram result on a monitor the monitor 232 [pars. 0078-79, 0086, 0094-95], wherein, in a case where the damage detect damage is a fissure (in this case fissure is a form of crack opening or line of breakage made by cracking or splitting, especially in structure) and/or split or crack that form a long, narrow opening [pars. 0003, 0050, 0064-65 and 0091-92], as can be seen depicted drawing (figs. 13-14), the repair/correction/make revision region is a linear region which is longer and wider than the damage, and in a case where the damage detect damage is other than the fissure, as can be seen depicted drawing (figs. 13-14), the repair region is a rectangular region which includes the damage [pars. 0100, 0105-107, 0115-118]
Additionally, if the Applicant argues that Horita fail to explicitly specify the constructional/structural changes of wherein, in a case where the damage is a fissure, the repair region is a linear region which is longer and wider than the damage, and in a case where the damage is other than the fissure, the repair region is a rectangular region which includes the damage, then the constructional changes of damage type as being fissure, is/are considered obvious design variation of crack, since fissure is a form or a type of crack, then it is obvious in view of Horita teaching and suggestion of repairing/correcting/making revision where necessary a target structure defect damage such as crack as can be seen depicted drawing (figs. 13-14) that would include fissure type crack without discrimination [pars. 0019, 0021, 0110, 0115-116] (Horita, claims 7 and 9). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to reasonably recognized that fissure is a form or a type of crack and modify Horita in the manner set forth in applicant's claim(s) in order to accurately determine a structure repair method selection system that includes a repair evaluation unit, since the propose modification of the prior art would not change the principle of operation of the prior art invention being modified, the system would still accurately captured image of a target structure to be repaired, and detects damage from the captured image since the damage is a form or a type of crack.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to reasonably recognized that fissure is a form or a type of crack, and modify Horita in the manner set forth in applicant's claim(s) in order to accurately determine a structure repair method selection system that includes a repair evaluation unit, since the propose modification of the prior art would not change the principle of operation of the prior art invention being modified, the system would still accurately captured image of a target structure to be repaired, and detects damage from the captured image since the damage is a form or a type of crack, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
For the purpose of clarity, the method claim 13 is taught/suggested by the functions shown/stated/set forth with regards to the apparatus/device claim 1 as rejected above as being unpatentable over Horita. Also, the structure recited in claim 14 is symmetrical to the structure recited in claims 1 and 13, as such, claim 14 is rejected above as being unpatentable over Horita.
As to claims 3-9, Horita further discloses a structure that is use in a method/system repair/correction diagram generation device an image processing apparatus (figs. 2-5, and 29-31) that is implementing limitations such as,
wherein the processor image processing apparatus main body 200 is configured to calculate a repair cost/value of the damage based on the size of the repair region and the repair method [pars. 0077-84] (claim 3);
wherein the processor image processing apparatus main body 200 is configured to display with a display unit 230 at least one of the repair/correction diagram, the repair quantity table, or the repair cost as a first detection result on a monitor a monitor 232 (claim 4);
wherein the processor image processing apparatus main body 200 is configured to generate a damage diagram showing the damage based on the damage (figs. 8-9B, 27A-28) (claim 5);
wherein the processor image processing apparatus main body 200 is configured to generate a damage quantity table including the degree of the damage [pars. 0012, 0100, 0115] (claim 6);
wherein the processor image processing apparatus main body 200 is configured to display at least one of the damage diagram or the damage quantity table on the monitor the monitor 232 as a second detection result [pars. 0078-84, 0086] (claim 7);
wherein the processor image processing apparatus main body 200 is configured to switch and display the first detection result and the second detection result on the monitor the monitor 232 (claim 8); and
wherein the processor image processing apparatus main body 200 is configured to display the first detection result and the second detection result side by side on the monitor the monitor 232 at the same time (claim 9).
As to claims 10- 12, Horita further discloses a structure that is use in a method/system repair/correction diagram generation device an image processing apparatus (figs. 2-5, and 29-31) that is implementing limitations such as,
wherein the processor image processing apparatus main body 200 is configured to receive an editing instruction for the first detection result [pars. 0010, 0078-0086, 0101, 0104] (claim 10); wherein the processor image processing apparatus main body 200 is configured to receive an editing instruction for the second detection result (claim 11); and wherein the camera image capturing unit 110 acquires a plurality of captured images of the structure, and wherein the processor image processing apparatus main body 200 is configured to perform panorama composition of the plurality of the captured images acquired by the camera [pars. 0010, 0076, 0078-0086, 0101, 0104] (claim 12).
Claim(s) 1 and 3-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nonaka et al. (2018/0189423 A1, previously cited reference).
Regarding claims 1, 13 and 14, Nonaka discloses a repair diagram generation device/method (claim 13) and non-transitory computer readable recording medium storing a program causing a computer to execute a repair diagram generation process (claim 14) is repair plan drafting support system (figs. 1-4, 6 and 8) (see abstract) [pars. 0002 and 0005] comprising:
a camera an imaging unit 106 that acquires a captured image of a structure [pars. 0072, 0076]; and
a processor a control unit 12 includes a central processing unit (CPU) configured to:
control the imaging unit 106 to detect damage from the captured image by image processing control unit 12 includes a central processing unit (CPU) and specify a degree of the damage;
determination unit 24 specify a repair method of the damage based on the damage and the degree of the damage; and
repair plan generation unit 20 generate a repair diagram showing by a display unit 26 a repair region and the repair method for repairing the damage based on the damage and the repair method [pars. 0044, 0052-54, 0067]; wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to calculate a size of the repair region based on the repair diagram, and generate a repair quantity table including the size of the repair region [pars. 0052], and
a display unit 26 display the repair diagram or the repair quantity table as a first detection result on a monitor [pars. 0034, 0044-46, 0067-68, 0074 and 0076], as can be seen in depicted drawing (figs.1, 3-4, 8), wherein, in a case where the damage is a fissure (in this case fissure is a form of crack opening or line of breakage made by cracking or splitting, especially in structure) and/or split or crack that form a long, narrow opening [pars. 0052, 0092], intended the repair region is a linear region which is longer and wider than the damage, and in a case where the damage is other than the fissure (in this case fissure is a form of crack opening or line of breakage made by cracking or splitting, especially in structure) and/or split or crack that form a long, narrow opening [pars. 0052, 0092], intended the repair region is a rectangular region which includes the damage.
Furthermore, if the Applicant argues that Nonaka fail to explicitly specify the constructional/structural changes of wherein, in a case where the damage is a fissure, the repair region is a linear region which is longer and wider than the damage, and in a case where the damage is other than the fissure, the repair region is a rectangular region which includes the damage, then the constructional changes of damage type as being fissure, is/are considered obvious design variation of crack, since fissure is a form or a type of crack, then it is obvious in view of Nonaka teaching and suggestion of repairing/correcting/making revision where necessary a target structure defect damage such as crack [pars. 0052, 0092] [pars. 0044, 0052-54, 0067] that would include fissure type crack without discrimination. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to reasonably recognized that fissure is a form or a type of crack and modify Nonaka in the manner set forth in applicant's claim(s) in order to accurately determine a structure repair method selection system that includes a repair evaluation unit, since the propose modification of the prior art would not change the principle of operation of the prior art invention being modified, the system would still accurately captured image of a target structure to be repaired, and detects damage from the captured image since the damage is a form or a type of crack.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to reasonably recognized that fissure is a form or a type of crack, and modify Nonaka in the manner set forth in applicant's claim(s) in order to accurately determine a structure repair method selection system that includes a repair evaluation unit, since the propose modification of the prior art would not change the principle of operation of the prior art invention being modified, the system would still accurately captured image of a target structure to be repaired, and detects damage from the captured image since the damage is a form or a type of crack, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
For the purpose of clarity, the method claim 13 is taught/suggested by the functions shown/stated/set forth with regards to the apparatus/device claim 1 as rejected above as being unpatentable over Nonaka. Also, the structure recited in claim 14 is symmetrical to the structure recited in claims 1 and 13, as such, claim 14 is rejected above as being unpatentable over Nonaka.
As to claims 3-9, Nonaka further discloses a structure that is use in a method/system repair diagram generation device repair plan drafting support system (figs. 1-4, 6 and 8) that is implementing limitations such as,
wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to calculate a repair cost of the damage based on the size of the repair region and the repair method [pars. 0068] (claim 3);
wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to display with a display unit 26 at least one of the repair diagram, the repair quantity table, or the repair cost as a first detection result on a monitor [pars. 0044-46] (claim 4);
wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to generate a damage diagram showing the damage based on the damage [pars. 0052, 0092] (claim 5);
wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to generate a damage quantity table including the degree of the damage [pars. 0052, 0092] (claim 6); wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to display at least one of the damage diagram or the damage quantity table on the monitor (for example, LCD) as a second detection result [pars. 0044-46, 0074] (claim 7);
wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to switch and display the first detection result and the second detection result on the monitor [pars. 0044-46] (claim 8); and wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to display the first detection result and the second detection result side by side on the monitor at the same time [pars. 0044-46] (claim 9).
As to claims 10-12, Nonaka further discloses a structure that is use in a method/system repair diagram generation device is repair plan drafting support system (figs. 1-4, 6 and 8) (see abstract) [pars. 0002 and 0005] that is implementing limitations such as,
wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to receive an editing instruction for the first detection result [pars. 0002, 0005, 0021, 0082, 0095] (claim 10);
wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to receive an editing instruction for the second detection result [pars. 0002, 0005, 0021, 0082, 0095] (claim 11); and
wherein the camera image unit 106 acquires a plurality of captured images of the structure, and wherein the processor control unit 12 that includes a central processing unit (CPU) is configured to perform panorama composition of the plurality of the captured images acquired by the camera [pars. 0002, 0005, 0021, 0082, 0095] (claim 12).
Response to Arguments
Applicant’s arguments/remarks, filed on 02/02/2026, with respect to the rejection(s) of claim(s) have been considered but are moot because the arguments do not apply to the new ground(s) of rejection(s) being used in the current rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877