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 .
DETAILED ACTION
Summary
This office action for US Patent application 18/897239 is responsive to communications filed on September 26th, 2024. Currently, claims 1-20 are pending are presented for examination.
Response to Arguments
The examiner mistakenly updated the status of the co-pending applications. The examiner agreed with response of the applicant and would like to address all those issues in this updated office action.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 inprovisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of copending Application No 18/150249 issued as US Patent 12,133,005 and claims 1-3, 6-7, 11-12 of copending Application No. 17/186121 issued as US Patent 11,558,566. Although the conflicting claims are not identical, they are not patentably distinct from each other because it is merely in the terminology used in both sets of claims.
This is an inprovisional obviousness-type double patenting rejection because the conflicting claims have in fact been patented. Below is a list of limitations that perform the same function. However different terminology is used in both sets to describe the limitations.
Conflicting Co-pending Application 18/150249
Instant Application-18/897239-
1. A system comprising: a light detection and ranging (LIDAR) sensor, wherein the LIDAR sensor is configured to perform a scan of an environment based on adjustment of a pointing direction of the LIDAR sensor about an axis, and wherein the adjustment of the pointing direction adjusts a field-of-view (FOV) of the LIDAR sensor; a camera configured to capture images within a FOV of the camera; and a controller coupled to the LIDAR sensor and the camera, wherein the controller is configured to determine a start time of an exposure time period of the camera based on a particular time associated with the pointing direction of the LIDAR sensor being in a particular orientation about the axis and cause the camera to capture an image during an exposure time period, such that the exposure time period includes a time when the FOV of the LIDAR sensor at least partially overlaps the FOV of the camera.
Claims 2-20
1.A system comprising: a light detection and ranging (LIDAR) sensor, wherein the LIDAR sensor is configured to perform a scan of an environment based on adjustment of a pointing direction of the LIDAR sensor, and wherein the adjustment of the pointing direction adjusts a field-of-view (FOV) of the LIDAR sensor; a camera configured to capture images within a FOV of the camera; and a controller coupled to the LIDAR sensor and the camera, wherein the controller is configured to determine a start time of an exposure time period of the camera based on a particular time associated with the pointing direction of the LIDAR sensor being in a particular orientation and cause the camera to capture an image during the exposure time period, such that the exposure time period includes a time when the FOV of the LIDAR sensor at least partially overlaps the FOV of the camera.
Claims 2-20
Conflicting Co-pending Application 17/186121
Instant Application-18/897239-
1. A system comprising: a light detection and ranging (LIDAR) sensor that includes a transmitter and a receiver, wherein the transmitter emits light pulses toward an environment of the LIDAR sensor, wherein the receiver detects reflections of the emitted light pulses, wherein the LIDAR sensor is configured to perform a scan of the environment based on adjustment of a pointing direction of the LIDAR sensor about an axis, and wherein the adjustment of the pointing direction adjusts a field-of-view (FOV) of the LIDAR sensor; a plurality of cameras disposed around the axis of the LIDAR sensor, wherein each camera of the plurality of cameras is configured to capture a respective image of a respective portion of the environment within a respective FOV of the camera during a respective exposure time period; and a controller configured to synchronize image capture by the cameras with scanning by the LIDAR sensor such that, during the scan of the environment, each particular camera of the plurality of cameras captures an image during an exposure time period that includes a time when the FOV of the LIDAR sensor at least partially overlaps the FOV of the particular camera.
Claims 2-3, 6-7, 11-12
1.A system comprising: a light detection and ranging (LIDAR) sensor, wherein the LIDAR sensor is configured to perform a scan of an environment based on adjustment of a pointing direction of the LIDAR sensor, and wherein the adjustment of the pointing direction adjusts a field-of-view (FOV) of the LIDAR sensor; a camera configured to capture images within a FOV of the camera; and a controller coupled to the LIDAR sensor and the camera, wherein the controller is configured to determine a start time of an exposure time period of the camera based on a particular time associated with the pointing direction of the LIDAR sensor being in a particular orientation and cause the camera to capture an image during the exposure time period, such that the exposure time period includes a time when the FOV of the LIDAR sensor at least partially overlaps the FOV of the camera.
Claims 2-20
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 are generic to all that is recited in claims of co-pending applications. That is, claims 1-20 is anticipated by claims of co-pending applications.
Claims 1-20 inprovisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims of copending Applications.
Allowable Subject Matter
Claims 1-20 is/are rejected on the ground of nonstatutory obviousness-type double patenting. However, these claims would be allowable if the obvious-type double patenting is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications form the examiner should be directed to Nam Pham, whose can be contacted by phone at (571)270-7352. The examiner can normally be reached on Mon—Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, CZEKAJ DAVID, can be reached on (571)272-7327.
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/NAM D PHAM/ Primary Examiner, Art Unit 2487