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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-14 of application 18/811938 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No.12100118. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-14 of application 18/811938 is the same as claims 1-18 of U.S. Patent No.12100118 except for word variations. For example, see table below:
Application 18/811938
Patent No.12100118.
1. An electronic apparatus comprising: a memory configured to store a first neural network model and a second neural network model; and a processor connected to the memory and control the electronic apparatus, wherein the processor is configured to: obtain a first image by inputting an input image to the first neural network model and a second image by inputting the input image to the second neural network model, and obtain an output image by weighting the first image and the second image, wherein the processor is further configured to weight the first image and the second image by assigning different weights based on an object area and a background area included in the input image.
1. An electronic apparatus comprising: a memory configured to store a plurality of neural network models; and a processor connected to the memory and control the electronic apparatus, wherein the processor is configured to: obtain a weight map based on an object area included in an input image, obtain a plurality of images by inputting the input image to each of the plurality of neural network models, and obtain an output image by weighting the plurality of images based on the weight map, wherein each of the plurality of neural network models is a model trained to upscale an image, and wherein the processor is further configured to assign a higher value to an object area included in a first image from among the plurality of images than an object area included in a second image from among the plurality of images, and assign a lower value to a background area included in the first image than a background area included in the second image to weight the first image and the second image.
Conclusion
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/AJIBOLA A AKINYEMI/Primary Examiner, Art Unit 2649
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