DETAILED ACTION
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim 25 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 9,501,498. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 25 is anticipated by claim 1 of the US Patent No. 9,501,498.
Claims 48 and 49 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1 of U.S. Patent No. 9,501,498. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 48 and 49 are obvious in view of claim 1 of the US Patent No. 9,501,498. While claim 1 of the patent does not expressly teach or suggest a method and a non-transitory computer readable medium for ingesting and recognition of objects, it would have been obvious to one of ordinary skill in the art based on Figure 1 and Figure 3 of the patent.
Allowable Subject Matter
Claims 25-49 would be allowable if rewritten or amended to overcome the double patenting rejections, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach the sole independent Claim 25 which specifically comprises the following features in combination with other recited limitations:
obtain digital data representing at least one real-world object, wherein the digital data further includes image data of the at least one real-world object;
derive one or more sets of edges and recognition information related to the at least one real-world object from the image data;
identify one or more candidate shape objects from a canonical shape database comprising a plurality of shape objects, the one or more candidate shape objects having shape attributes satisfying criteria determined at least as a function of the one or more sets of edges;
select a target shape object from the candidate shape objects, where the target shape object has an optimal match with the at least one real-world object based at least on the recognition information and one or more reference key frame points-of-view (PoV) derived from the image data;
generate at least one three-dimensional object model of the at least one real-world object from the target shape object and the one or more sets of edges; and
render at least one three-dimensional object corresponding to the at least one real-world object in association with the image data.
The following references are the most relevant prior art: US 20150193972 A1, US 20020001398 A1, US 20090103814 A1, US 20100286827 A1, US 20110081081 A1, and US 7643683 B2. None of them alone teaches the combination of the above-listed features. None of them can be combined obviously to teach the set of features recited above, either.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to UTPAL D SHAH whose telephone number is (571)272-5729. The examiner can normally be reached M-F: 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Terrell can be reached on (571) 270-3717. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/UTPAL D SHAH/Primary Examiner, Art Unit 2668
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