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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/08/2025 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-16 of this application is patentably indistinct from claims 1-20 of Application No. 17/543,144 (referred to as the ‘144 application). 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.
Claims 1-16 rejected on the ground of nonstatutory double patenting over claim 1-20 of U.S. Patent No. 2023/0177850 A1 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: claims 1 and 9 cite similar limitations as claim 1 in the ‘144 application. Examiner notes the usage of “incorporating a variance estimate of noise in each depth measurement” in the instant claims that is not explicitly stated in claim 1 of the ‘144 application, but is commonly known as relating to “aleatoric uncertainty”, or just uncertainty (using broadest reasonable interpretation); therefore, does not appear to provide patentably distinct limitations.
Regarding claims 2 and 10, although the claims are not identical to claim 2 of the reference application, these claims are not patentably distinct because they are encompassed in claim 2.
Regarding claims 3 and 11, although the claims are not identical to claim 3 of the reference application, these claims are not patentably distinct because they are encompassed in claim 3.
Regarding claims 4 and 12, although the claims are not identical to claim 4 of the reference application, these claims are not patentably distinct because they are encompassed in claim 4.
Regarding claims 5 and 13, although the claims are not identical to claim 5 of the reference application, these claims are not patentably distinct because they are encompassed in claim 5.
Regarding claims 6 and 14, although the claims are not identical to claim 1 of the reference application, these claims are not patentably distinct because they are encompassed in claim 1.
Regarding claims 7 and 15, although the claims are not identical to claim 7 of the reference application, these claims are not patentably distinct because they are encompassed in claim 7.
Regarding claims 8 and 16, although the claims are not identical to claim 8 of the reference application, these claims are not patentably distinct because they are encompassed in claim 8.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Zhang et al (“Objects are Different: Flexible Monocular 3D Object Detection”, Apr 2021) discloses monocular 3D object detection system that predicts a monocular depth map (which can be represented with a 3D point cloud) and a depth uncertainty map of a video stream, with an adaptive depth ensemble (Figure 2) that creates an aggregated depth uncertainty map. However, Zhang does not teach vote regression loss nor does Zhang teach refined, predicted votes based on the aggregated depth uncertainty map.
Eiras et al (US 2023/0219585 A1) discloses trajectory planning and operation of ego vehicle according to 3D bounding boxes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHNNY B DUONG whose telephone number is (571)272-1358. The examiner can normally be reached Monday - Thursday 10a-9p (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Bella can be reached at (571)272-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.B.D./Examiner, Art Unit 2667
/MATTHEW C BELLA/Supervisory Patent Examiner, Art Unit 2667
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