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 .
Examiner’s Note
As of 2/19/2026, the examiner notes that the Claims filed 10/18/2024, specifically page 10 as written, is separated into the Applicant’s Arguments filed 10/18/2024. The applicant has presented arguments that specifically address a prior art used in parent application 18/241,278 and 17/608,483. Since this prior art is relevant
Response to Arguments
The applicant’s arguments on page 9-10 are considered to be persuasive.
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 1-9, 24-35 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 2, 10, 11, 12, 13, 14of U.S. Patent No. 11,783,554 Although the claims at issue are not identical, they are not patentably distinct from each other because they’re broader in every way.
Instant Application
Patent
1. (Currently Amended)A method for rendering two different types of datasets, said method comprising:
obtaining, using one or more optical sensors, a first type of dataset, wherein each first data value within said first type of dataset is associated with one or more three-dimensional coordinates, which define a location or region in real space
1. (Currently Amended) A method for rendering two different types of datasets, said method comprising:
obtaining a first type of dataset, wherein each first data value within said first type of dataset is associated with one or more three-dimensional coordinates, which define a location or region in real space;
obtaining, using one or more non-optical sensors, a second type of dataset, wherein each second data value within said second type of dataset is associated with one or more of said three- dimensional coordinates, wherein type of data in said second type of dataset is different from said first type of dataset, and wherein said at least one of said first type of dataset or second type of dataset represents an intangible property of said real space;
obtaining a second type of dataset, wherein each second data value within said second type of dataset is associated with one or more of said three-dimensional coordinates, wherein type of data in said second type of dataset is different from said first type of dataset, and wherein said at least one of said first type of dataset or second type of dataset represents an intangible property of said real space;
spatializing, using a plurality of said three-dimensional coordinates, said first type of dataset to create a first type of spatialized dataset;
spatializing, using a plurality of said three-dimensional coordinates, said first type of dataset to create a first type of spatialized dataset;
spatializing, using said plurality of said three-dimensional coordinates, said second type of dataset to create a second type of spatialized dataset;
spatializing, using said plurality of said three-dimensional coordinates, said second type of dataset to create a second type of spatialized dataset;
aligning said first type of spatialized dataset with said second type of spatialized dataset to create an enhanced three-dimensional spatialized environment; and
aligning said first type of spatialized dataset with said second type of spatialized dataset to create an enhanced three-dimensional spatialized environment;
rendering, using a rendering engine and on a display component, said enhanced three- dimensional spatialized environment.
rendering, using a rendering engine and on a display component, said enhanced three- dimensional spatialized environment
Instant
1
2
3
4
5
6
7
8
9
24
Patent
1
1
1
1
1
1
1
1
1
14
25
27
28
29
30
31
32
33
34
35
14
14
14
14
15
20
21
2
23
24
Claims 1-9, 24-35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 2, 14, 15, 20, 21, 23 and 24 of U.S. Patent No. 12,118,682 Although the claims at issue are not identical, they are not patentably distinct from each other because they’re broader in every way.
Instant Application
Patent
1. (Currently Amended)A method for rendering two different types of datasets, said method comprising:
obtaining, using one or more optical sensors, a first type of dataset, wherein each first data value within said first type of dataset is associated with one or more three-dimensional coordinates, which define a location or region in real space
1. (Currently Amended) A method for rendering two different types of datasets, said method comprising:
obtaining, by displacing one or more first sensors within a real space, a first type of dataset, wherein each first data value within said first type of dataset is associated with one or more three-dimensional coordinates, which define a location or region in real space;
obtaining, using one or more non-optical sensors, a second type of dataset, wherein each second data value within said second type of dataset is associated with one or more of said three- dimensional coordinates, wherein type of data in said second type of dataset is different from said first type of dataset, and wherein said at least one of said first type of dataset or second type of dataset represents an intangible property of said real space;
obtaining, by displacing one or more second sensors within said real space, a second type of dataset, wherein each second data value within said second type of dataset is associated with one or more of said three-dimensional coordinates, wherein type of data in said second type of dataset is different from said first type of dataset, and wherein said at least one of said first type of dataset or second type of dataset represents an intangible property of said real space;
spatializing, using a plurality of said three-dimensional coordinates, said first type of dataset to create a first type of spatialized dataset;
spatializing, using a plurality of said three-dimensional coordinates, said first type of dataset to create a first type of spatialized dataset;
spatializing, using said plurality of said three-dimensional coordinates, said second type of dataset to create a second type of spatialized dataset;
spatializing, using said plurality of said three-dimensional coordinates, said second type of dataset to create a second type of spatialized dataset;
aligning said first type of spatialized dataset with said second type of spatialized dataset to create an enhanced three-dimensional spatialized environment; and
aligning said first type of spatialized dataset with said second type of spatialized dataset to create an enhanced three-dimensional spatialized environment; and
rendering, using a rendering engine and on a display component, said enhanced three- dimensional spatialized environment.
rendering, using a rendering engine and on a display component, said enhanced three-dimensional spatialized environment.
Instant
1
2
3
5
6
7
8
9
24
26
Patent
1
1
1
1
14
14
1
1
13
3
27
28
29
30
31
32
33
34
35
36
13
13
13
14
19
18
18
20
21
15
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J CRADDOCK whose telephone number is (571)270-7502. The examiner can normally be reached Monday - Friday 10:00 AM - 6 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devona E Faulk can be reached at 571-272-7515. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J CRADDOCK/Primary Examiner, Art Unit 2618