CTNF 18/828,950 CTNF 88843 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA 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. 08-34 AIA Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12087077 B2 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application are broader than the claims in the patent . 18/828950 US 12087077 B2 A system comprising: A system comprising: one or more central processing units (CPUs), one or more graphics processing units (GPUs), or one or more deep learning accelerators (DLAs); and at least one computer storage media device to store programmed instructions, which, when executed using at least one of the one or more CPUs, one or more GPUs, or one or more DLAs, one or more processing units to perform operations implement one or more neural networks to detect an association between at least one entity of one or more entities depicted in one or more images of an environment and at least one object of one or more objects depicted in the one or more images based at least on one or more confidence values associating at least one object of one or more objects with at least one entity of one or more entities based at least on one or more confidence values, the one or more confidence values computed based at least on an image and coordinates corresponding to a union region in the image being applied to one or more neural networks computed based at least on an overlap region corresponding to an overlapping portion of a first image region corresponding to the one or more entities and a second image region corresponding to the one or more objects. the one or more confidence values computed based …coordinates corresponding to a union region in the image… the union region corresponding to a union between a first region in the image corresponding to the one or more entities and a second region in the image corresponding to the one or more objects . Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 Claim s 1-9 and 15-20 are allowed. 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2019/0130580 A1 to Chen et al. [0013] a method of tracking objects in one or more video frames is provided...includes determining a first set of one or more bounding regions for a video frame based on a trained classification network applied to the video frame . [0305] an association between a high confidence bounding box a foreground bounding box can be determined based on an overlap or intersection between the high confidence bounding box the foreground bounding box…Using FIG. 14 as an example, the first bounding box 1402 and the second bounding box 1404 can be determined to be associated with one another based on the intersecting region 1408 [0217] By applying the trained neural network, the deep learning system 1208 can generate and output classifications and confidence levels (also referred to as confidence values) for each object detected in a key frame. However, Chen et al. and other prior art fails to explicitly teach “using one or more neural networks and based at least on the overlap region, one or more confidence values corresponding to an association between the at least one entity and the at least one object” as recited in claims 1 and 15. And fails to explicitly teach “implement one or more neural networks to detect an association between at least one entity of one or more entities depicted in one or more images of an environment and at least one object of one or more objects depicted in the one or more images based at least on one or more confidence values based computed based at least on an overlap region…” as recited in claim 10. Claims 10-14 would be allowable once the double patenting rejection, described herein above is overcome. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DELOMIA L GILLIARD whose telephone number is (571)272-1681. The examiner can normally be reached 8am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent- center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DELOMIA L GILLIARD/Primary Examiner, Art Unit 2661 Application/Control Number: 18/828,950 Page 2 Art Unit: 2661 Application/Control Number: 18/828,950 Page 3 Art Unit: 2661 Application/Control Number: 18/828,950 Page 4 Art Unit: 2661 Application/Control Number: 18/828,950 Page 5 Art Unit: 2661 Application/Control Number: 18/828,950 Page 6 Art Unit: 2661 Application/Control Number: 18/828,950 Page 7 Art Unit: 2661 Application/Control Number: 18/828,950 Page 8 Art Unit: 2661 Application/Control Number: 18/828,950 Page 9 Art Unit: 2661
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