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 1-14, 29-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 12,122,511. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of the present application recites : A system including an apparatus for horizon detection for use by a robot, the system comprising:
a memory of the apparatus is configured to store computer-readable program code;
processing circuitry of the apparatus is configured to access the memory, and execute the computer-readable program code to cause the apparatus to at least:
define a line pattern of lines that divide an image into respective pairs of image segments; search the lines of the line pattern to identify one of the lines as an estimated true horizon in the image at a boundary of greatest difference in average brightness between the image segments from among the respective pairs of image segments;
determine true horizon in the image from the estimated true horizon; and at least guide, navigate, or control the robot using the true horizon.
Claim 1 of patent No. 12122511 disclose a system including an apparatus for horizon detection for use by a robot, the system comprising:
wherein the apparatus includes a memory configured to store computer-readable program code and processing circuitry configured to access the memory, and execute the computer-readable program code to cause the apparatus to at least:
acquire an image that depicts a view of an environment;
define a line pattern of lines that divide the image into respective pairs of image segments;
search the lines of the line pattern to identify one of the lines as an estimated true horizon in the image that divides into a respective pair of image segments at a boundary of greatest difference in average brightness between the image segments from among the respective pairs of image segments; and
determine true horizon in the image from the estimated true horizon; and at least guide, navigate, or control the robot using the true horizon.
The claims are not identical but are not patentably distinct. They perform the same function. Therefore, it is well settled that the omission of an element, and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element of step whose function is not needed would be obvious to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kacyra et al. (U.S. Patent No.5,988,862 ) disclose an integrated system generates a model of a three-dimensional object. A scanning laser device scans the three-dimensional object and generates a point cloud. The points of the point cloud each indicate a location of a corresponding point on a surface of the object. A first model is generated, responsive to the point cloud which represents constituent geometric shapes of the object. A data file is generated, responsive to the first model, that can be inputted to a computer-aided design system.
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/GERTRUDE ARTHUR JEANGLAUDE/Primary Examiner, Art Unit 3661