DETAILED ACTION
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 15-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,078,998. Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 15 of the present application recites an electronic apparatus, which travels based on map information and an object recognition result, the electronic apparatus comprising:
a camera;
a communication interface;
a driver;
at least one processor comprising processing circuitry; and
at least one memory storing instructions that, when executed by the at least one processor individually or collectively cause the electronic apparatus to:
capture an image while the electronic apparatus travels based on the map information;
obtain an object recognition result for the image;
transmit, to an external device, information regarding the image according to the object recognition result;
receive, from the external device, information regarding a user feedback on the object recognition result to update an object recognition model, wherein the external device displays the obtained image while receiving the user feedback; and
control the electronic apparatus such that the electronic apparatus travels according to the received information regarding the user feedback.
Claim 1 of patent No. 12,078, 998 discloses an electronic apparatus, comprising:
a camera configured to obtain an image;
a communication interface;
a driver;
at least one memory storing instructions; and
at least one processor connected to the at least one memory, and configured to execute the instructions to: obtain, by inputting the image to a first artificial intelligence model, a probability that an object of a first type is in the image, the probability being greater than, equal to, or less than a preset probability;
control, based on the probability being greater than or equal to the preset probability, the driver such that the electronic apparatus travels in an area at a predetermined distance or greater away from the object of the first type;
transmit, based on the probability being less than the preset probability, data regarding the image to a user terminal through the communication interface; and
update, based on a user feedback regarding the image being received from the user terminal through the communication interface, the first artificial intelligence model.
Though the prior art disclose update the first artificial intelligence model, it does not specifically disclose the user feedback on the object recognition result to update an object recognition model. However, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention with a reasonable expectation of success to modify the system by updating an object recognition model where the model could be considered as an artificial intelligence model because it would have achieved a desired result for obtaining information.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boncyk et al. (U.S. Patent No. 8.218,874) discloses search terms are derived automatically from images captured by a camera equipped cell phone, PDA, or other image capturing device, submitted to a search engine to obtain information of interest, and at least a portion of the resulting information is transmitted back locally to, or nearby, the device that captured the image.
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/GERTRUDE ARTHUR JEANGLAUDE/Primary Examiner, Art Unit 3661