DETAILED ACTION
Preliminary Amendment
Preliminary Amendment filed 12/23/2024 is hereby entered.
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 2-21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,147,891. Although the claims at issue are not identical, they are not patentably distinct from each other:
Regarding claim 2, U.S. Patent No. 12,147,891 discloses a method comprising:
obtaining, by pixel sensors of an image sensor of an autonomous vehicle, a sequence of images captured by the pixel sensors of the image sensor, the sequence of images comprising a first image and one or more additional images; (claim 1, obtaining)
analyzing, using neural network circuitry electrically connected to the image sensor, each image of the sequence of images to detect data that indicates one or more objects within the image of the sequence of images; (claim 1, analyzing, using neural network circuitry integrated in the image sensor)
generating, for each of the sequence of images and using the neural network circuitry, neural network output data that indicates respective locations of the one or more objects detected in the image; (claim 1, generating)
receiving, at a computer processing module of the autonomous vehicle, the first image of the sequence of images captured by the pixel sensors of the image sensor of the autonomous vehicle and the neural network output data for each image of the sequence of images; and (claim 1, transmitting to a computer processing module of the autonomous vehicle)
updating, by the computer processing module of the autonomous vehicle, a movement of the autonomous vehicle responsive to the first image and the neural network output data. (claim 1, updating).
Claims 3-21 are rejected similarly.
Claims 2-21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,176,652. Although the claims at issue are not identical, they are not patentably distinct from each other:
Regarding claim 2, U.S. Patent No. 11,176,652 discloses a method comprising:
obtaining, by pixel sensors of an image sensor of an autonomous vehicle, a sequence of images captured by the pixel sensors of the image sensor, the sequence of images comprising a first image and one or more additional images; (claim 1, obtaining)
analyzing, using neural network circuitry electrically connected to the image sensor, each image of the sequence of images to detect data that indicates one or more objects within the image of the sequence of images; (claim 1, analyzing, using neural network circuitry integrated in the image sensor)
generating, for each of the sequence of images and using the neural network circuitry, neural network output data that indicates respective locations of the one or more objects detected in the image; (claim 1, generating)
receiving, at a computer processing module of the autonomous vehicle, the first image of the sequence of images captured by the pixel sensors of the image sensor of the autonomous vehicle and the neural network output data for each image of the sequence of images; and (claim 1, transmitting to a computer processing module of the autonomous vehicle)
updating, by the computer processing module of the autonomous vehicle, a movement of the autonomous vehicle responsive to the first image and the neural network output data. (claim 1, wherein during a first time period, neural network output data of a first image is generated while both…).
Claims 3-21 are rejected similarly.
Reasons for Allowance
As noted above, claims are rejected under Double Patenting. For the purposes of expedited prosecution Examiner is providing this Reasons for Allowance, should all remaining rejections be overcome.
The following is an examiner’s statement of reasons for allowance:
The prior art of record, alone or in combination, fails to fairly teach or suggest these limitations, including the concept of a method comprising: obtaining, by pixel sensors of an image sensor of an autonomous vehicle, a sequence of images captured by the pixel sensors of the image sensor, the sequence of images comprising a first image and one or more additional images; analyzing, using neural network circuitry electrically connected to the image sensor, each image of the sequence of images to detect data that indicates one or more objects within the image of the sequence of images; generating, for each of the sequence of images and using the neural network circuitry, neural network output data that indicates respective locations of the one or more objects detected in the image; receiving, at a computer processing module of the autonomous vehicle, the first image of the sequence of images captured by the pixel sensors of the image sensor of the autonomous vehicle and the neural network output data for each image of the sequence of images; and updating, by the computer processing module of the autonomous vehicle, a movement of the autonomous vehicle responsive to the first image and the neural network output data..
For example, Benedek (US PGPub 2021/0251209; cited in parent and provided by Applicant here) teaches neural network object detection and teaches transmitting an image and object data to a user, selectively to preserve privacy. It is directed to fly/insect detection and is not consistent with the most recent amendment related to updating, by the computer processing module of the autonomous vehicle, a movement of the autonomous vehicle responsive to the first image and the neural network output data. Xu (US PGPub 2020/0234411; cited in parent and provided by Applicant here) teaches an image sensor integrated with an embedded neural network which transmits image data and neural network output data, but does not teach selectively transmitting the actual images in the way that the claims require. It allows a particular application of distributed neural network architecture for both on-chip and off-chip neural network processing. However, none of the closest art teaches transmitting the neural network output data of each image and transmitting only the first image of a sequence of images to an autonomous vehicle computer, in the context of the claim limitations.
The claim language goes beyond the similarities of these devices and Applicant’s invention and a combination could not reasonably be made without impermissible hindsight. The differences here are viewed as allowable over the prior art.
Conclusion
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/RAPHAEL SCHWARTZ/Examiner, Art Unit 2671
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