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 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12,104,916 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-21 of the current application appear to be a broader version of claims 1-21 of U.S. Patent No. 12,104,916 B2. Claims 1, 11, and 18 appear to contain the same limitations as claims 1, 11, and 18 of U.S. Patent No. 12,104,916 B2 except that they don’t require a satellite map and satellite imagery of a real-world location. Claims 1, 11, and 18 recite a broader limitation of a amp and imagery of a real-world location (see table below for a detailed comparison of claims 1. The same rational applies to claims 11 and 18). Claims 2-9, 12-17, and 19-20 are identical to claims 2-9, 12-17, and 19-20 respectively of U.S. Patent No. 12,104,916 B2. Claims 10 and 21 of the current application are identical to claims 10 and 21 of U.S. Patent No. 12,104,916 B2 except the plurality of processors and servers.
Claim 1 of 18/819,861
Claim 1 of US 12,104,916 B2
A method comprising: providing a three-dimensional (3D) map data fusion platform in memory of a server comprising at least one processor; providing in the 3D map data fusion platform a map comprising imagery of a real-world location; publishing in the 3D map data fusion platform with reference to the map a real-time virtual replica network (RVRN), wherein the RVRN comprises a plurality of 3D virtual replicas, each of the 3D virtual replicas corresponding to a real-world object in the real-world location and comprising a plurality of object features, the object features including: a real-time position, orientation, and a 3D structure; obtaining a pose of a first client device; performing a simultaneous location and mapping (SLAM) process of a first coordinate space, wherein the SLAM process uses image data from an imaging device of the first client device, the pose of the first client device and data of the map to determine a pose of a first plurality of features within the first coordinate space; creating a first new map comprising 3D coordinates of the first plurality of features within the first coordinate space; and merging, by the 3D map data fusion platform, the first new map comprising the 3D coordinates of the first plurality of features within the first coordinate space with the published RVRN, creating a fused 3D map.
A method comprising: providing a three-dimensional (3D) map data fusion platform in memory of one or more server computers comprising at least one processor; providing in the 3D map data fusion platform a satellite map comprising satellite imagery of a world location; publishing in the 3D map data fusion platform with reference to the satellite map a real-time virtual replica network (RVRN), wherein the RVRN comprises a plurality of 3D virtual replicas, each of the 3D virtual replicas corresponding to a real world object in the world location and comprising a plurality of object features, the object features including: a real-time position, orientation, and 3D structure; obtaining a pose of a first client device; performing a simultaneous location and mapping (SLAM) process of a first coordinate space, wherein the SLAM process uses image data from at least one imaging device of the first client device, the pose of the first client device and data of the satellite map to determine a pose of a first plurality of features within the first coordinate space; creating a first new map comprising 3D coordinates of the first plurality of features within the first coordinate space; and merging, by the 3D map data fusion platform, the first new map comprising the 3D coordinates of the first plurality of features within the first coordinate space with the published RVRN, creating a fused 3D map.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the persistent" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jiang et al US 12,002,239 B2 discloses collecting a first image by using a camera; obtaining first point cloud data of the object based on the first image, where the first point cloud data indicates three-dimensional coordinate values of a surface point of the object in a first camera coordinate system of the first terminal; obtaining pose data of the first terminal in the first camera coordinate system based on the first image; obtaining a two-dimensional feature image based on the pose data, the first point cloud data, and the first image; generating map data based on the first point cloud data, the pose data, and the two-dimensional feature image; and sending the map data to a second terminal or a server.
Hare US 2019/0178654 A1 discloses accurately and efficiently estimating the location of a mobile device within an environment and for mapping the environment with Simultaneous Localization and Mapping (SLAM).
Ekkati US 2021/0187391 A1 discloses an augmented reality (AR) system that links 3D maps generated from data gathered by client devices into a singular 3D map.
Chacheck et al US 2020/0302510 A1 discloses Augmented Reality (AR) based mapping of a venue and its real-time inventory, as well as real-time navigation within such venue.
Slatcher et al US 2020/0285831 A1 discloses three-dimensional (3D) dataset and two-dimensional (2D) image localization and in particular matching two-dimensional images to associated locations in three-dimensional map-data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAMI KHATIB whose telephone number is (571)270-1165. The examiner can normally be reached M-F: 9:00am-5:30pm.
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/RAMI KHATIB/Primary Examiner, Art Unit 3669