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 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 7, 8 and 13 of U.S. Patent No. 12,086,934 in view of Hageman (U.S. Patent App. Pub. No. 2020/0040555 A1). Please see Table below.
U.S. 18/813,458
U.S. Patent No. 12,086,934
in view of Hageman
1. A method for assessing container utilization comprising:
determining a total volume of a container;
detecting an object being loaded into the container;
determining whether the object is non-conforming or conforming;
responsive to determining the object is non-conforming, associating a volume of the non-conforming object with an occupied volume of the container, and
associating a volume of at least one space proximate to the non-conforming object with the occupied volume of the container;
responsive to determining the object is conforming, associating a volume of the conforming object with the occupied volume of the container;
determining container utilization based on the occupied volume of the container and the total volume of the container; and
displaying, on a user interface, the container utilization for a user.
1. A method for assessing trailer utilization, comprising:
generating a map of an interior of a trailer, the map including first voxels associated with the interior of the trailer
generating a 3D map of an object based on the set of 3D points;
see Hageman reference, which teaches a sensor capable of detecting movement and activity related to a container including: detecting that, “the container 1100 is in zone 1102 and perform tasks, such as (i) updating a database to indicate a previous scoop volume, which can be a volume of material in a previous scoop of the container; (ii) updating a running total of the volume of material obtained after multiple scoops of the container; (iii) incrementing a scoop counter, which can be a counter of a number of scoops performed by the container; (iv) beginning to calculate a new scoop volume, which can be a volume of material in a current scoop of the container; or (v) any combination of these.” Para. 75. This teaches/suggests the detecting step of claim 1 in the pending application.
determining whether the object is non-conforming;
responsive to determining that the object is non-conforming, determining second voxels associated with unusable space proximate to the non-conforming object from among the first voxels and third voxels associated with the non-conforming object from among the first voxels;
responsive to determining that the object is not non-conforming, determining fourth voxels associated with the not non-conforming object from among the first voxels;
determining an occupied portion of the trailer based on the first voxels, the third voxels, and the fourth voxels;
determining trailer utilization based on the occupied portion of the trailer, the first voxels, and the second voxels; and
displaying, on a user interface, the trailer utilization for a user.
Claim 2, Claim 7, Claim 12
Claim 3
Claim 3, Claim 8, Claim 13
Claim 4
Claim 4, Claim 9, Claim 14
Claim 1
Claim 5, Claim 10, Claim 15
Claim 7
Claim 6 (system claim corresponding to claim 1)
Claim 8 (system claim corresponding to claim)
Claim 11 (CRM corresponding to claim 1)
Claim 13 (CRM corresponding to claim 1)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, relevant to 3D modeling and containers/cargo/volume loads.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sarah Lhymn whose telephone number is (571)270-0632. The examiner can normally be reached M-F, 9:00 AM to 6:00 PM EST.
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Sarah Lhymn
Primary Examiner
Art Unit 2613
/Sarah Lhymn/Primary Examiner, Art Unit 2613