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 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).
Claims 2-21 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,756,157; and claims 1-20 of U.S. Patent No. 12,154,249. Although the conflicting claims are not identical, they are not patentably distinct from each other because independent claims 2, 12 of the present of application are broader in scope and thus encompass the subject matter already claimed in allowed US patent application 17/216,304 (Subject to be published as US Patent No: 11,756,157 on Sep. 12, 2023); and US patent application 18/240,021 (Subject to be published as US Patent No: 12,154,249 on Nov. 26, 2024).
Specially, claims 1, 9, 17 of the parent application recites a method, apparatus, corresponding to claim 2, 12 of the present of application with more details claimed in the parent application that would render the broader claims of the present of application obvious. For instance: claim limitations recited “ of capturing data via a plurality of multimodal sensors, the method comprising: capturing a modal signature from the plurality of multimodal sensors including data for each modality of a plurality of modalities associated with the plurality of multimodal sensors; aligning the data for each modality of the plurality of modalities within the captured modal signature, wherein the aligning is configured to address issues as compared to a reference data set from each modality of the plurality of modalities; analyzing the aligned data for each modality of the plurality of modalities within the captured modal signature to detect an anomaly; and generating a report regarding the detected anomaly based on the analyzed data” that was conflict to claim 1, 9, 17 of the parent application. However, the claim limitations “capturing a modal signature from the plurality of multimodal sensors including data for each modality of a plurality of modalities associated with the plurality of multimodal sensors” was not made a scope of the claim to change from the parent of application, because of performing spatial correlation on each set of captured data using in part the location information; analyzing the spatially correlated data for an anomaly, which performed includes a plurality of sensors configured to capture data over a period of time to generate a set of captured data for each sensor of the plurality of sensors, a stage positioned with location information that is captured information for each sensor of the plurality of sensors; and generating a report regarding the anomaly based on the analyzed data which disclosed the claim invention in different steps by languages claimed, but the concept of invention is applied use one or more modalities to inspect a sample, some of the modalities include, but are not limited to, Raman, visible (VIS), terahertz (THz) spectroscopy, longwave infrared (LWIR), shortwave infrared (SWIR), laser profilometry (LP), electromagnetic interference (EMI) near field probing, and/or, Millimeter Wave (MMW) radar… in order to invent multimodal inspection system to automated calibration of multimodal sensors by capturing a data sample from sensors.
Parent of application 17/216,304
Present of application 18/955,939
Claims 1, 9, 17. A system comprising: a plurality of sensors configured to capture data over a period of time to generate a set of captured data for each sensor of the plurality of sensors; a stage positioned with location information that is captured information for each sensor of the plurality of sensors; a processor for performing spatial correlation on each set of captured data using in part the location information and analyzing the spatially correlated data for an anomaly; and an output device for generating and outputting a report regarding the anomaly based on the analyzed data.
Claims 2, 12. Of capturing data via a plurality of multimodal sensors, the method comprising: capturing a modal signature from the plurality of multimodal sensors including data for each modality of a plurality of modalities associated with the plurality of multimodal sensors; aligning the data for each modality of the plurality of modalities within the captured modal signature, wherein the aligning is configured to address issues as compared to a reference data set from each modality of the plurality of modalities; analyzing the aligned data for each modality of the plurality of modalities within the captured modal signature to detect an anomaly; and generating a report regarding the detected anomaly based on the analyzed data.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WELLER et al. (US Pub No. 2018/0239991) discloses portable apparatus and method for decision support for real time automated multi-sensor data fusion and analysis.
Chuang et al. (US Pub No. 2017/0048467) discloses dark-field inspection using a low-noise sensor.
Venshtain (US Pub No. 2019/0215486) discloses viewpoint-adaptive three-dimensional (3D) personal.
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/PHUOC H DOAN/Primary Examiner, Art Unit 2646
