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 .
2. Claims 1-20 are pending in this application.
Drawings
3. The drawing has been filed on 11/18/2024 are acceptable for examination purpose.
Claim Rejections - 35 USC § 101
4. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
5. the claimed invention is directed to non-statutory subject matter. The claims 11-16 do not fall within at least one of the four categories of patent eligible subject matter because:
Claims 11-16 limitation recites “a program for causing for capturing multiple pages….” embodying functional descriptive material (i.e., a program). Such claimed program does not define any structural i.e. claimed program doesn’t disclose “non-transitory computer readable medium”. However, a claimed programming instruction with a non-transitory computer readable medium encoded with a program is a computer element which defines structural and function interrelationships between the computer program and the rest of the computer which permit the computer program’s functionality to be realized, and is thus statutory. See Lowry, 32 F.3d at 1583‐84, 32 USPQ2d at 1035. Since a computer program is merely a set of instructions capable of being executed by a computer, the computer program itself is not a process and therefore, without the non-transitory computer‐readable medium needed to realize the computer program’s functionality, it is non-statutory functional descriptive material.
Moreover, the scope of the presently claimed invention encompasses products not falling within one of the four statutory categories of invention. For example, Applicants specification does disclose the types of the computer readable medium, but does not limit the computer readable medium to strictly hardware. See Applicant’s specification at, for example, [0004, 00118-00121].
Double Patenting
6. 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 claims at issue 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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).
7. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of Devadoss et al., US Co-Pending Patent Application No. 18/951,287.
It is clear that all the elements of an instant application claims 1, 11, 17 are to be rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 12, 16, 19 of US Co-Pending Patent Application No. 18/951,287. Although the conflicting claims are not identical, they are not patentably distinct from each other because both the claims of instant application and the claims of US Co-Pending Patent Application No. 18/951,287 are almost same in scope. Omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same function as before. See In re KARLSON (CCPA) 136 USPQ 184 (1963).
Claims 1, 11, 17 of this instant application is patentably indistinct from claims 1, 12, 16, 19 of US Co-Pending Patent Application No. 18/951,287. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Claim Rejections - 35 USC § 103
8. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
9. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ishida, US Pub 2022/0124214 in view of Yana, US Pub 2021/0281711.
As to claims 1, 11, 17 [independent], Ishida teaches a mobile device [fig. 1, element 220; 0044] for capturing multiple images, the mobile device comprising [abstract]:
an image capturing module [fig. 1, element 220; 0044] comprising a camera and computer-readable programming instructions [0056, 0110, 0138] that are configured to cause the camera to [figs. 8a-b, elements 221-222; 0107, 0135, 0159]:
in a first session, capture an image of a front side of each of multiple pages placed on a platform [fig. 3, steps 1-4; 0044-0048, 0050-0052 Ishida teaches that in a first session the first side of the placed document(s) is/are scanned by the camera units 221-222], and
in a second session, capture an image of a back side of each of the multiple pages placed on the platform [fig. 3, steps 1-4, 5-7; 0044-0048, 0050-0052 Ishida teaches that in a first session the first side of the placed document(s) is/are scanned by the camera units 221-222. Similarly, in a second session the second side opposite to the first side of the placed document(s) is/are scanned by the camera units 221-222]; and
Ishida doesn’t teach a controller comprising a processor and computer-readable programming instructions that are configured to cause the processor to:
associate each of the captured back side images with a corresponding front side image based on an overlap area and a non-overlap area of the multiple images captured in the first session and the second session, and
based on the association, arrange the captured images such that all captured images are in correct order in a final output.
Yana teaches a controller comprising a processor and computer-readable programming instructions that are configured to cause the processor to:
associate each of the captured back side images with a corresponding front side image based on an overlap area and a non-overlap area of the multiple images captured in the first session and the second session [figs., 4, 7, 9; 0049, 0062-0074 Yana teaches that the controller 41 compares the front-side image and the back-side image of the original document G1, the front-side image and the back-side image of the original document G2 overlapping with each other, and the front-side image and the back-side image of the original document G3 overlapping with each other (step S 107).However, then, the controller 41 rotates or moves, for each of the documents G1, G2, and G3, the back-side image of the document as shown in Fig. 4d to match up the front-side image and the back-side image of the original document in position with each other], and
based on the association, arrange the captured images such that all captured images are in correct order in a final output [figs., 4, 7, 9; 0049, 0062-0074 Yana teaches that the controller 41 compares the front-side image and the back-side image of the original document G1, the front-side image and the back-side image of the original document G2 overlapping with each other, and the front-side image and the back-side image of the original document G3 overlapping with each other (step 107). However, then, the controller 41 rotates or moves, for each of the documents G1, G2, and G3, the back-side image of the document as shown in Fig. 4d to match up the front-side image and the back-side image of the original document in position with each other. Yana further teaches at leaset in fig. 9b that the controller 41 switches the positions of the two original documents G1 and G2 within the whole image of the scan area S as shown in FIG. 9B, so that, for each of the original documents G1 and G2, the front-side image and back-side image of the original document are aligned in position so that they are aligned or lined up in correct order in a final output].
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yana teaching to associate each of the captured back side with a corresponding front side image based on an overlap area and a non-overlap area of the multiple images Ishida’s teaching to capture an image of the to-be-scanned object to obtain image data of the to-be-scanned object, and a shape measuring device configured to perform a shape measurement process to measure a shape of the to-be-scanned object placed on the mounting table based on the image data of the to-be-scanned object obtained and the image data of the to-be-scanned object. The suggestion/motivation for doing so would have been benefitted to the user to embrace scan technique to scan an image of a face-up document placed on a top face of the closed pressure plate from above, and thus enables to reduce the number of components of the printer.
As to claim 2 [dependent from claims 1], Ishida teaches a memory for: storing the front side images of the multiple pages; and storing the back side images of the multiple pages [0056 Ishida teaches that the scanned images are stored in the memory].
As to claims 3, 12 [dependent from claims 1, 11 respectively], Yana teaches wherein the controller is further configured to associate the back side images from the second session with the corresponding front side images from the first session based on an intersection over union calculation [figs., 4, 7, 9; 0044, 0049, 0062-0074 Yana teaches that the controller 41 compares the front-side image and the back-side image of the original document G1, the front-side image and the back-side image of the original document G2 overlapping with each other, and the front-side image and the back-side image of the original document G3 overlapping with each other (step 107), when the controller 41 uses a known technique to detect, linear boundaries the density difference between regions within and outside of which is beyond a preset threshold as the edges and detects each rectangular region surrounded by the four edges (four sides) as a front-side image of one original document. However, then, the controller 41 determines the overlapped based on the rotates or moves, for each of the documents G1, G2, and G3, the back-side image of the document as shown in Fig. 4d to match up the front-side image and the back-side image of the original document in position with each other. Yana further teaches at leaset in fig. 9b that the controller 41 switches the positions of the two original documents G1 and G2 within the whole image of the scan area S as shown in FIG. 9B, so that, for each of the original documents G1 and G2, the front-side image and back-side image of the original document are aligned in position so that they are aligned or lined up in correct order in a final output].
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yana teaching to associate each of the captured back side with a corresponding front side image based on an overlap area and a non-overlap area of the multiple images Ishida’s teaching to capture an image of the to-be-scanned object to obtain image data of the to-be-scanned object, and a shape measuring device configured to perform a shape measurement process to measure a shape of the to-be-scanned object placed on the mounting table based on the image data of the to-be-scanned object obtained and the image data of the to-be-scanned object. The suggestion/motivation for doing so would have been benefitted to the user to embrace scan technique to scan an image of a face-up document placed on a top face of the closed pressure plate from above, and thus enables to reduce the number of components of the printer.
As to claims 4, 13 [dependent from claims 3, 12 respectively], Yana teaches wherein the intersection over union calculation comprises finding an area of intersection of the multiple pages captured in the first session and the second session [figs., 4, 7, 9; 0044, 0049, 0062-0074 Yana teaches that the controller 41 compares the front-side image and the back-side image of the original document G1, the front-side image and the back-side image of the original document G2 overlapping with each other, and the front-side image and the back-side image of the original document G3 overlapping with each other (step 107), when the controller 41 uses a known technique to detect, linear boundaries the density difference between regions within and outside of which is beyond a preset threshold as the edges and detects each rectangular region surrounded by the four edges (four sides) as a front-side image of one original document. However, then, the controller 41 determines the overlapped based on the rotates or moves, for each of the documents G1, G2, and G3, the back-side image of the document as shown in Fig. 4d to match up the front-side image and the back-side image of the original document in position with each other].
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yana teaching to associate each of the captured back side with a corresponding front side image based on an overlap area and a non-overlap area of the multiple images Ishida’s teaching to capture an image of the to-be-scanned object to obtain image data of the to-be-scanned object, and a shape measuring device configured to perform a shape measurement process to measure a shape of the to-be-scanned object placed on the mounting table based on the image data of the to-be-scanned object obtained and the image data of the to-be-scanned object. The suggestion/motivation for doing so would have been benefitted to the user to embrace scan technique to scan an image of a face-up document placed on a top face of the closed pressure plate from above, and thus enables to reduce the number of components of the printer.
As to claims 5, 14 [dependent from claims 3, 12 respectively], Yana teaches wherein the intersection over union calculation comprises finding an area of union of the multiple pages captured in the first session and the second session [figs., 4, 7, 9; 0044, 0049, 0062-0074 Yana teaches that the controller 41 compares the front-side image and the back-side image of the original document G1, the front-side image and the back-side image of the original document G2 overlapping with each other, and the front-side image and the back-side image of the original document G3 overlapping with each other (step 107), when the controller 41 uses a known technique to detect, linear boundaries the density difference between regions within and outside of which is beyond a preset threshold as the edges and detects each rectangular region surrounded by the four edges (four sides) as a front-side image of one original document. However, then, the controller 41 determines the overlapped based on the rotates or moves, for each of the documents G1, G2, and G3, the back-side image of the document as shown in Fig. 4d to match up the front-side image and the back-side image of the original document in position with each other].
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yana teaching to associate each of the captured back side with a corresponding front side image based on an overlap area and a non-overlap area of the multiple images Ishida’s teaching to capture an image of the to-be-scanned object to obtain image data of the to-be-scanned object, and a shape measuring device configured to perform a shape measurement process to measure a shape of the to-be-scanned object placed on the mounting table based on the image data of the to-be-scanned object obtained and the image data of the to-be-scanned object. The suggestion/motivation for doing so would have been benefitted to the user to embrace scan technique to scan an image of a face-up document placed on a top face of the closed pressure plate from above, and thus enables to reduce the number of components of the printer.
As to claims 6, 15 [dependent from claims 1, 11 respectively], Ishida teaches wherein the controller is further configured to detect the multiple pages in the first session and the second session [fig. 3, steps 1-4, 5-7; 0044-0048, 0050-0052 Ishida teaches that in a first session the first side of the placed document(s) is/are scanned by the camera units 221-222. Similarly, in a second session the second side opposite to the first side of the placed document(s) is/are scanned by the camera units 221-222];].
As to claim 7 [dependent from claim 1], Ishida teaches where the multiple pages are a part of a single document [fig. 3, steps 1-4, 5-7; 0044-0048, 0050-0052 Ishida teaches that in a first session the first side of the placed document(s) is/are scanned by the camera units 221-222. Similarly, in a second session the second side opposite to the first side of the placed document(s) is/are scanned by the camera units 221-222].
As to claims 8, 16 [dependent from claims 1, 11 respectively], Yana teaches wherein the controller is further configured to associate the back side images from the second session with the corresponding front side images from the first session based on their placement location from left to right and/or from top to bottom [figs., 4, 7, 9; 0049, 0062-0074 Ishida teaches that in a first session the first side of the placed document(s) is/are scanned by the camera units 221-222. Similarly, in a second session the second side opposite to the first side of the placed document(s) is/are scanned by the camera units 221-222. Yana further teaches at leaset in fig. 9b that the controller 41 switches the positions of the two original documents G1 and G2 within the whole image of the scan area S as shown in FIG. 9B, so that, for each of the original documents G1 and G2, the front-side image and back-side image of the original document are aligned in position so that they are aligned or lined up in correct order in a final output].
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yana teaching to associate each of the captured back side with a corresponding front side image based on an overlap area and a non-overlap area of the multiple images Ishida’s teaching to capture an image of the to-be-scanned object to obtain image data of the to-be-scanned object, and a shape measuring device configured to perform a shape measurement process to measure a shape of the to-be-scanned object placed on the mounting table based on the image data of the to-be-scanned object obtained and the image data of the to-be-scanned object. The suggestion/motivation for doing so would have been benefitted to the user to embrace scan technique to scan an image of a face-up document placed on a top face of the closed pressure plate from above, and thus enables to reduce the number of components of the printer.
As to claim 9 [dependent from claim 1], Yana teaches wherein the controller is further configured to use a centre matching approach for associating the back side images from the second session with their respective front side images from the first session [figs., 4, 7, 9; 0049, 0062-0074 Ishida teaches that in a first session the first side of the placed document(s) is/are scanned by the camera units 221-222. Similarly, in a second session the second side opposite to the first side of the placed document(s) is/are scanned by the camera units 221-222. Yana further teaches at leaset in fig. 9b that the controller 41 switches the positions of the two original documents G1 and G2 within the whole image of the scan area S as shown in FIG. 9B, so that, for each of the original documents G1 and G2, the front-side image and back-side image of the original document are aligned in position so that they are aligned or lined up in correct order in a final output].
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yana teaching to associate each of the captured back side with a corresponding front side image based on an overlap area and a non-overlap area of the multiple images Ishida’s teaching to capture an image of the to-be-scanned object to obtain image data of the to-be-scanned object, and a shape measuring device configured to perform a shape measurement process to measure a shape of the to-be-scanned object placed on the mounting table based on the image data of the to-be-scanned object obtained and the image data of the to-be-scanned object. The suggestion/motivation for doing so would have been benefitted to the user to embrace scan technique to scan an image of a face-up document placed on a top face of the closed pressure plate from above, and thus enables to reduce the number of components of the printer.
As to claim 10 [dependent from claim 1], Yana teaches wherein the instructions for arranging the captured images comprise instructions to arrange the captured images such that all captured back side images from the second session are correctly arranged with their corresponding captured front side images from the first session [figs., 4, 7, 9; 0049, 0062-0074 Ishida teaches that in a first session the first side of the placed document(s) is/are scanned by the camera units 221-222. Similarly, in a second session the second side opposite to the first side of the placed document(s) is/are scanned by the camera units 221-222. Yana further teaches at leaset in fig. 9b that the controller 41 switches the positions of the two original documents G1 and G2 within the whole image of the scan area S as shown in FIG. 9B, so that, for each of the original documents G1 and G2, the front-side image and back-side image of the original document are aligned in position so that they are aligned or lined up in correct order in a final output].
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yana teaching to associate each of the captured back side with a corresponding front side image based on an overlap area and a non-overlap area of the multiple images Ishida’s teaching to capture an image of the to-be-scanned object to obtain image data of the to-be-scanned object, and a shape measuring device configured to perform a shape measurement process to measure a shape of the to-be-scanned object placed on the mounting table based on the image data of the to-be-scanned object obtained and the image data of the to-be-scanned object. The suggestion/motivation for doing so would have been benefitted to the user to embrace scan technique to scan an image of a face-up document placed on a top face of the closed pressure plate from above, and thus enables to reduce the number of components of the printer.
As to claim 18 [dependent from claim 17], However, the dependent claim 18 essentially claimed same subject matter as claimed in the dependent claim 2 for/and/with other claim limitations, and are therefore the dependent claim 18 would be rejected based on same rationale as applied to the dependent claim 2.
As to claim 19 [dependent from claim 17], However, the dependent claim 19 essentially claimed same subject matter as claimed in the dependent claim 3 for/and/with other claim limitations, and are therefore the dependent claim 19 would be rejected based on same rationale as applied to the dependent claim 3.
As to claim 20 [dependent from claim 19], Yana teaches wherein the intersection over union calculation comprises one or both of the following:
finding an area of intersection of the multiple pages captured in the first session and the second session [figs., 4, 7, 9; 0044, 0049, 0062-0074 Yana teaches that the controller 41 compares the front-side image and the back-side image of the original document G1, the front-side image and the back-side image of the original document G2 overlapping with each other, and the front-side image and the back-side image of the original document G3 overlapping with each other (step 107), when the controller 41 uses a known technique to detect, linear boundaries the density difference between regions within and outside of which is beyond a preset threshold as the edges and detects each rectangular region surrounded by the four edges (four sides) as a front-side image of one original document. However, then, the controller 41 determines the overlapped based on the rotates or moves, for each of the documents G1, G2, and G3, the back-side image of the document as shown in Fig. 4d to match up the front-side image and the back-side image of the original document in position with each other] ; or
finding an area of union of the multiple pages captured in the first session and the second session.
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yana teaching to associate each of the captured back side with a corresponding front side image based on an overlap area and a non-overlap area of the multiple images Ishida’s teaching to capture an image of the to-be-scanned object to obtain image data of the to-be-scanned object, and a shape measuring device configured to perform a shape measurement process to measure a shape of the to-be-scanned object placed on the mounting table based on the image data of the to-be-scanned object obtained and the image data of the to-be-scanned object. The suggestion/motivation for doing so would have been benefitted to the user to embrace scan technique to scan an image of a face-up document placed on a top face of the closed pressure plate from above, and thus enables to reduce the number of components of the printer.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARIS SABAH whose telephone number is (571)270-3917. The examiner can normally be reached on Monday/Thursday from 7:00AM to 5:30PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Benny Tieu, can be reached on (571)272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. The Examiner’s personal fax number is (571)-270-4917.
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//HARIS SABAH/Examiner, Art Unit 2682
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