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 non-statutory 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 no statutory 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 no statutory 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 no statutory 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, 3, 4, 5, 8, 10, 11, 14, 15, and 20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 2, 3, 5, 7, 8, 12, 13, 14, and 16 respectively of U.S. Patent No. 12,211,182. Although the claims at issue are not identical, they
are not patentably distinct from each other because representative patent claims 1 and 12 require the additional elements (See the highlighted elements shown in the table below) not required by
representative application claims 1 and 11. However, the conflicting claims are not patentably distinct from each other because:
The claims recite common subject matter;
Whereby representative application claims 1 and 11 which recite the open-ended transitional phrase "comprising", do not preclude the additional elements recited by representative patent claims 1 and 12, and
Whereby the elements of representative application claims 1 and 11are fully anticipated by representative patent claims 1 and 12 respectively, and anticipation is "the ultimate or epitome of obviousness". (In re Kalm, 154 USPQ 10 (CCPA 1967), also In re Dailey, 178 USPQ 293 (CCPA 1973) and In re Pearson, 181 USPQ 641 (CCPA 1974)).
US 18/985,951
US Pat. No. 12,211,182
Claim 1. A method for preparing digital image data from an image input, the method
comprising:
Claim 1. A method for preparing digital image data from an analog image input, the method comprising:
scanning, by a scanner, an image for one or more iterations to create digital
image data for each of the one or more iterations;
scanning, by an analog-to-digital image scanner, an analog image for multiple iterations, resulting in digital image data for each of the iterations;
calculating, by at least one processor, a noise statistic for scanner noise of one
or more individual pixels of the digital image data;
calculating, by at least one processor, a noise statistic for scanner noise of individual pixels of the digital image data across the iterations;
determining, by the at least one processor, one or more true values of the one or
more individual pixels of the digital image data based on the noise statistic; assigning, by the at least one processor, the one or more true values to the corresponding one or more individual pixels to create scanner noise reduced digital image data; and
determining, by the at least one processor, true values of individual pixels of the digital image data based on the noise statistic for each of the individual pixels and generating scanner noise reduced digital image data wherein pixels are assigned their respective ones of the true values; and
saving, by the at least one processor, the scanner noise reduced digital image
data in a computer memory.
saving the scanner noise reduced digital image data in a computer memory.
Claim 11. An apparatus for preparing digital image data from an analog image input,
comprising at least one processor coupled to a memory and to an image scanning
device, the memory holding instructions, that when executed by the at least one
processor, causes the apparatus to perform:
12. An apparatus for preparing digital image data from an analog image input, comprising at least one processor coupled to a memory and to an image scanning device, the memory holding instructions, that when executed by the at least one processor, causes the apparatus to perform:
scanning, by a scanner, an image for one or more iterations to create digital
image data for each of the one or more iterations;
scanning an analog image for multiple iterations, resulting in digital image data for each of the iterations;
calculating, by at least one processor, a noise statistic for scanner noise of one
or more individual pixels of the digital image data;
calculating a noise statistic for scanner noise of individual pixels of digital the image data across the iterations;
determining, by the at least one processor, one or more true values of the one or more individual pixels of the digital image data based on the noise statistic; assigning, by the at least one processor, the one or more true values to the corresponding one or more individual pixels to create scanner noise reduced digital image data; and
determining true values of individual pixels of the digital image data based on the noise statistic for each of the individual pixels and generating scanner noise reduced digital image data wherein pixels are assigned their respective ones of the true values; and
saving, by the at least one processor, the scanner noise reduced digital image data in a computer memory.
saving the scanner noise reduced digital image in a computer memory.
Allowable Subject Matter
Claims 2, 6-7, 9, 12-13, and 16-19 are objected to as being dependent upon a rejected base claim, but would be allowable if applicant overcomes the double patenting rejection by way of an amendment or filing a terminal disclaimer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL G MARIAM whose telephone number is (571)272-7394. The examiner can normally be reached M-F 7:30-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mathew 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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/DANIEL G MARIAM/Primary Examiner, Art Unit 2675
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