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.
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Claims 1-24 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 12,165,257. Although the claims at issue are not identical, they are not patentably distinct from each other because the notion of the claims does refer to the same invention and claim 1 of the current application corresponds with claim 1 of U.S. Patent No. 12,165,257.
Claim 1 of U.S. Patent No. 12,165,257 anticipates claim 1 of the current application because it includes all of the limitations of claim 1 of the current application.
Below is limitation mapping between the current application and claim 1 of U.S. Patent No. 12,165,257
Current Application
U.S. Patent No. 12,165,257
1. A computer vision system for generating a model of a building, comprising: a processor; and a memory in communication with the processor and storing modeling code, the processor executing the modeling code to perform the steps of: acquiring an image frame depicting at least part of a building to be modeled;
acquiring three-dimensional data;
processing the image frame and the three-dimensional data to detect a building object in the building frame;
displaying an augmented reality (AR) icon on a display superimposed on the image frame;
allowing a user to capture the building object using the AR icon; and
generating a complete model of the building including the building object.
1. A computer vision system for generating a model of a building, comprising: a processor; and a memory in communication with the processor and storing modeling code, the processor executing the modeling code to perform the steps of: acquiring an image frame from the camera, the image frame depicting at least part of a building to be modeled;
acquiring three-dimensional data from the three-dimensional sensor;
processing the image frame and the three-dimensional data to detect a building object in the building frame;
displaying an augmented reality (AR) icon on a display of the mobile device superimposed on the image frame;
allowing a user to capture the building object using the AR icon; and
generating a complete model of the building including the building object.
a mobile device including a three-dimensional sensor, a camera,
Below is part 1 of claim mapping between the current application and U.S. Patent No. 12,165,257
Current Application
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12,165,257
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13
Below is part 2 of claim mapping between the current application and U.S. Patent No. 12,165,257
Current Application
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12,165,257
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Claims 1-24 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11,688,135. Although the claims at issue are not identical, they are not patentably distinct from each other because the notion of the claims does refer to the same invention and claim 1 of the current application corresponds with claim 1 of U.S. Patent No. 11,688,135.
Claim 1 of U.S. Patent No. 11,688,135 anticipates claim 1 of the current application because it includes all of the limitations of claim 1 of the current application.
Below is limitation mapping between the current application and claim 1 of U.S. Patent No. 11,688,135
Current Application
U.S. Patent No. 11,688,135
1. A computer vision system for generating a model of a building, comprising: a processor; and a memory in communication with the processor and storing modeling code, the processor executing the modeling code to perform the steps of: acquiring an image frame depicting at least part of a building to be modeled;
acquiring three-dimensional data;
processing the image frame and the three-dimensional data to detect a building object in the building frame;
displaying an augmented reality (AR) icon on a display superimposed on the image frame;
allowing a user to capture the building object using the AR icon; and
generating a complete model of the building including the building object.
1. A computer vision system for generating a model of a building, comprising: a processor; and a memory in communication with the processor and storing modeling code, the processor executing the modeling code to perform the steps of: acquiring an image frame from the camera, the image frame depicting at least part of a building to be modeled;
acquiring three-dimensional data from the three-dimensional sensor;
processing the image frame and the three-dimensional data to detect a building object in the building frame;
displaying the AR icon on a display of the mobile device superimposed on the image frame;
allowing a user to capture the building object using the AR icon; and
generating a complete model of the building including the building object.
a mobile device including a three-dimensional sensor, a camera,
determining an augmented reality (AR) icon based on a type of the building object;
the AR icon adjustable relative to the building object displayed in the image frame;
Below is part 1 of claim mapping between the current application and U.S. Patent No. 11,688,135
Current Application
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11,688,135
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Below is part 2 of claim mapping between the current application and U.S. Patent No. 11,688,135
Current Application
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11,688,135
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Allowable Subject Matter
Claims 1-24 would be allowable if rewritten or amended to overcome the rejection(s) under double patenting, set forth in this Office action or by filing a terminal disclaimer.
The closest prior art of record is Shantharam et al (US 2019/0221040)(Hereinafter referred to as Shanatharam)
Shanatharam teaches the ability of the user to interact capture a real scene and overlay interactive markers to capture a floorplan of a building interior and create virtual walls for placement of virtual artworks (For example, an AR environment may include a horizontal plane based on the physical floor captured by the real-time images from a camera on the mobile device. The user of the mobile device may identify and mark the boundaries of spaces in the environment within the AR environment. The mobile device may record the marked boundaries to generate an AR representation of an environment. The mobile device may combine the real-time camera input and user input to generate a floor plan of a building. The AR representation may be used to measure the space and plan the layout of a floor plan. Additionally, the AR representation may be used to simulate elements placed within the AR environment. The element may be adjusted (e.g., different sizes or positions) within the AR environment to determine to desired characteristics. See paragraph [0020])(Another feature of the frameworks is the ability to detect horizontal planes. The camera and motion sensor continuously gather visual data and motion data, respectively. For example, a user may point a mobile device camera at a floor and slowly pan upwards. As the camera starts by pointing at the floor, the distance between the camera and the point of the floor where the camera is pointing is closest. As the camera pans upwards towards the horizon, the distance from the camera to the point of the floor where the camera is pointing increases. Additionally, the motion sensors on the mobile device will detect the shift in orientation of the mobile device from pointing downwards to pointing in a horizontal direction. Using the sensor data, the frameworks can determine the horizontal plane. Additionally, the frameworks can use the detected horizontal plane to generate a corresponding virtual horizontal plane in the AR environment. See paragraph [0022])(A feature of the frameworks is the ability for users to interact with the AR environment. For example, the generated AR environment may be displayed on a touchscreen display of the mobile device. The user may interact with the AR environment by providing inputs via the touchscreen capabilities of the display. The user may touch screen to select elements within the AR environment. The user may also swipe the screen to shift the perspective, orient a selected element, or change the characteristic of the selected element. Additionally, the framework allows users to touch a part of the screen to mark or place virtual elements within the AR environment. This element is placed in the corresponding physical coordinates of the AR environment. For example, if the user taps the portion of the screen that displays a corner of the floor in the AR environment, then the user marks the corner location of the floor. If a user swipes the portion of screen representing a side of the floor, then the user marks the side of the floor. In some embodiments, different gestures and taps may be used to interact with the AR environment using the touch screen of the mobile device. In yet other embodiments, additional input interfaces such as hardware buttons, sound commands, or facial recognition may be used to interact with the AR environment. See paragraph [0024]).
Shanatharan is silent to the limitations “acquiring three-dimensional data; processing the three-dimensional data to detect a building object in the building frame,” of claim 1 when read in light of the rest of the limitations in claim 1 and thus claim 1 contains allowable subject matter.
Shanatharan is silent to the limitations “acquiring three-dimensional data; processing the three-dimensional data to detect a building object in the building frame”, of claim 13 when read in light of the rest of the limitations in claim 13 and thus claim 13 contains allowable subject matter.
Claims 2-12 and 14-24 contain allowable subject matter because they depend on a claim that contains allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gausebeck et al. (US 2019/0026958)(Hereinafter referred to as Gausebeck), generally relates to predict and generate 3D models from 2D images (See abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS R WILSON whose telephone number is (571)272-0936. The examiner can normally be reached M-F 7:30-5:00PM.
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/NICHOLAS R WILSON/Primary Examiner, Art Unit 2611
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