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 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.
Claims 2, 3, 4, 5, 14, 15, and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5, 5, 5, 11 and 15, respectively, of U.S. Patent No. 12,170,850. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of claimed invention are anticipated by the limitations of claims of U.S. Patent No. 12,170,850.
Instant Application – claim 1
US 12,170,850 – claim 1
A method comprising:
A method of enhancing document capture, the method comprising:
receiving, from a capture device, a first image of an object, the first image including a shadow over at least a portion of the object;
receiving, from a capture device, a first image of a hardcopy document, the first image including a shadow over at least a portion of the hardcopy document;
detecting the shadow in the first image;
detecting a shadow in the first image;
selecting an intensity level based at least in part on a characteristic of the shadow, wherein the selected intensity level is selected from at least two intensity levels at which a controllable light source is capable of emitting;
selecting an intensity level based on a characteristic of the shadow, wherein the intensity level is selected from at least two intensity levels at which a controllable light source is capable of emitting;
causing the controllable light source to emit light at the selected intensity level; and
causing the controllable light source, directed at the hardcopy document, to emit light at the intensity level;
receiving, from the capture device, a second image of the object that was captured while the object was illuminated by the controllable light source emitting the light at the selected intensity level.
receiving, from the capture device, a second image of the hardcopy document while the hardcopy document is illuminated by the controllable light source emitting the light at the intensity level; and storing the second image of the hardcopy document.
Instant Application – claim 14
US 12,170,850 – claim 5 (claim 1 incorporated)
A method comprising:
1. A method of enhancing document capture, the method comprising:
receiving, from a capture device, a first image of an object, the first image including a shadow over at least a portion of the object;
receiving, from a capture device, a first image of a hardcopy document, the first image including a shadow over at least a portion of the hardcopy document;
detecting the shadow in the first image;
detecting a shadow in the first image;
selecting an intensity level based on a characteristic of the shadow, wherein the intensity level is selected from at least two intensity levels at which a controllable light source is capable of emitting; and
selecting an intensity level based on a characteristic of the shadow, wherein the intensity level is selected from at least two intensity levels at which a controllable light source is capable of emitting;
generating, for presentation at the capture device, a notification to capture the object in a second image at the intensity level using the controllable light source; and
wherein storing the second image includes: notifying, in response to determining that the shadow has been minimized, a user that the hardcopy document is ready for capture; and receiving an input from the user to initiate the storing;
causing the controllable light source to emit light at the intensity level.
causing the controllable light source, directed at the hardcopy document, to emit light at the intensity level; receiving, from the capture device, a second image of the hardcopy document while the hardcopy document is illuminated by the controllable light source emitting the light at the intensity level; and storing the second image of the hardcopy document.
Instant Application – claim 15
US 12,170,850 – claim 11
A system comprising:
A system for enhancing document capture comprising control circuitry configured to:
an input/output module configured to: receive, from a capture device, a first image of an object, the first image including a shadow over at least a portion of the object;
receive, from a capture device, a first image of a hardcopy document into volatile storage, the first image including a shadow over at least a portion of the hardcopy document;
control circuitry configured to: detect the shadow in the first image;
detect a shadow in the first image;
select an intensity level based at least in part on a characteristic of the shadow, wherein the selected intensity level is selected from at least two intensity levels at which a controllable light source is capable of emitting; and
select an intensity level based on a characteristic of the shadow, wherein the intensity level is selected from at least two intensity levels at which a controllable light source is capable of emitting;
cause the controllable light source to emit light at the selected intensity level; and
cause the controllable light source, directed at the hardcopy document, to emit light at the intensity level;
wherein the input/output module is further configured to: receive, from the capture device, a second image of the object that was captured while the object was illuminated by the controllable light source emitting the light at the selected intensity level.
receive, from the capture device, a second image of the hardcopy document while the hardcopy document is illuminated by the controllable light source emitting the light at the intensity level; and store, using non-volatile storage, the second image of the hardcopy document.
Allowable Subject Matter
Claims 6-13, and 17-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2021/0227096, discloses a device that captures documents and corrects for shadows. US 2020/0077005, discloses a device that removes shadows in document images. US 2019/0303733, discloses an imaging system that determines the brightness of an image.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEVELL V SELBY whose telephone number is (571)272-7369. The examiner can normally be reached Monday-Thursday 6 AM - 3:30 PM; Friday 6-10 AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEVELL V SELBY/Primary Examiner, Art Unit 2638
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