DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim 26 is pending under this Office 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 26 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,073,506. Although the claims at issue are not identical, they are not patentably distinct from each other because they can read on to each other, see the following mapping table.
Application No. 18/809,524 (Instant Application)
U.S. Patent No. 12,073,506
26. A method for generating images of one or more sides of an object, comprising:
(i) receiving pose information indicative of a three dimensional (3D) pose of an object in a 3D first coordinate space;
(ii) receiving a group of images captured using at least one image sensor, wherein the group of images includes an object surface of the object;
(iii) mapping, for each image, the object surface from the 3D first coordinate space to a two-dimensional (2D) second coordinate space of the image, based on the pose information;
(iv) selecting, from the group of images, a set of images that includes the object surface; (Note that using a set of images is cited in limitation (v) of the Patent ‘506.)
(v) associating, for each image of the set of images, at least a portion of that image with the object surface based on the 2D second coordinate space of the image; and
(vi) generating a composite image of the object surface in a 2D third coordinate space by transforming the portion of each image from the 2D second coordinate space to a corresponding portion of the composite image in the 2D third coordinate space.
1. A method for generating images of one or more sides of an object, comprising:
(i) receiving information indicative of a three dimensional (3D) pose of a first object in a first coordinate space at a first time;
(ii) receiving a group of images captured using at least one image sensor associated with one or more surfaces of the object, wherein each image of the group of images is associated with a field of view within the first coordinate space;
(iii) mapping, for each image of the group of images, at least a portion of a surface of the first object to a two-dimensional (2D) area with respect to each image of the group of images based on the information indicative of the 3D pose of the first object in the first coordinate space;
(iv) associating, for each respective image of the group of images that includes at least a portion of the surface of the first object within the respective image, a portion of that respective image with the surface of the first object based on the 2D area; and
(v) generating a composite image of the surface of the first object using a set of images associated with the surface of the first object.
Claim 26 of the instant application is drawn to a method for generating images of one or more sides of an object, comprising: (i) receiving pose information indicative of a three dimensional (3D) pose of an object in a 3D first coordinate space; (ii) receiving a group of images captured using at least one image sensor, wherein the group of images includes an object surface of the object; (iii) mapping, for each image, the object surface from the 3D first coordinate space to a two-dimensional (2D) second coordinate space of the image, based on the pose information; (iv) selecting, from the group of images, a set of images that includes the object surface; (v) associating, for each image of the set of images, at least a portion of that image with the object surface based on the 2D second coordinate space of the image; and (vi) generating a composite image of the object surface in a 2D third coordinate space by transforming the portion of each image from the 2D second coordinate space to a corresponding portion of the composite image in the 2D third coordinate space.
While the exact wordings of claim 1 of the ‘506 patent may not be the same as that of claim 26 of the instant application, but there is no significant difference in scope between the claim 26 of the instant application and the claim 1 of the patent ‘506. Therefore, Claim 26 of the instant application cannot be considered patentably distinct over claim 1 of the ‘506 patent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boardman, etc. (US 20220301192 A1) and Konolige, etc. (US 9102055 B1).
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/GORDON G LIU/Primary Examiner, Art Unit 2618