DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. The present application is a continuation of U.S. patent application Ser. No. 17/682,215, filed Feb. 28, 2022, which claims priority under 35 U.S.C. § 119(e) to U.S. Provisional Patent Application No. 63/155,853, filed Mar. 3, 2021, each of which is incorporated herein by reference in its entirety.
Information Disclosure Statement
3. The information disclosure statement (IDS) was submitted on 11/21/2024. The submissions are in compliance with the provisions of 37 CFR § 1.97. Accordingly, the information disclosure statement was being considered by the examiner.
Double Patenting
4. 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).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
5. Claims 1-20 are rejected on are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S Patent No. 12177411 (U.S Application 17/682,215) in view of Presler et al. (US2017/0188013A1) (hereinafter Presler) (cited by IDS). 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.
Please see further example below. Differences are bolded in the following comparison table.
Current application 18/948,203
Conflict application 17/682,215
Claim 1
Claim 1
A system comprising: a stereoscopic imaging device comprising: a first image sensor having a first pixel array and configured to provide a first windowed output, the first windowed output comprising first image information associated with pixels included within a first window of the first pixel array, the first window having a first position that is adjustable within the first pixel array; and
a second image sensor having a second pixel array and configured to provide a second windowed output, the second windowed output comprising second image information associated with pixels included within a second window of the second pixel array, the second window having a second position that is adjustable within the second pixel array; and
an imaging control system configured to dynamically adjust at least one of the first position of the first window within the first pixel array or the second position of the second window within the second pixel array based on a working distance between a target surface within a scene and the stereoscopic imaging device.
A system comprising: a stereoscopic imaging device comprising: a first image sensor having a first pixel array and configured to provide a first windowed output, the first windowed output comprising first image information associated with pixels included within a first window of the first pixel array, the first window having a first position that is adjustable within the first pixel array and a smaller pixel resolution than the first pixel array; and
a second image sensor having a second pixel array and configured to provide a second windowed output, the second windowed output comprising second image information associated with pixels included within a second window of the second pixel array, the second window having a second position that is adjustable within the second pixel array and a smaller pixel resolution than the second pixel array; and
an imaging control system configured to: determine a working distance between a target surface within a scene and the stereoscopic imaging device; and
adjust, based on the working distance between the target surface and the stereoscopic imaging device, one or more of the first position of the first window within the first pixel array or the second position of the second window within the second pixel array.
The conflicting application discloses all subject matter of the claimed invention with the exception of “dynamically adjust at least one of the first position of the first window within the first pixel array or the second position of the second window within the second pixel array based on a working distance.”
However, Presler from the same or similar fields of endeavor discloses dynamically adjust at least one of the first position of the first window within the first pixel array or the second position of the second window within the second pixel array based on a working distance (e.g., see paragraph 0040, 0055, 0115; Fig. 1, paragraphs 0030, 0095, 0096: a range from scene 26 and pixel array)).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the system disclosed by the conflicting application to add the teachings of Presler as above, in order to provide a digital cinema camera system for recording, editing and visualizing images (see paragraph 0002: Presler).
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Allowable Subject Matter
6. Claims 1-20 will be allowable if Double Patenting Rejection is overcome by filing a Terminal Disclaimer.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ON MUNG whose telephone number is (571) 270-7557 and whose direct fax number is (571) 270-8557. The examiner can normally be reached on Mon-Fri 9am - 6pm (ET).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMIE ATALA can be reached on (571)272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ON S MUNG/Primary Examiner, Art Unit 2486