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 .
Response to Arguments
Applicant’s arguments, see pages 7-15, filed 17 September 2026, with respect to claims 2-21 and similar claims in substance have been fully considered and are persuasive. The rejection of claims 2-21 under 35 U.S.C. 103 has been withdrawn.
Claim Objections
Claim 2 is objected to because of the following informalities: there appears to be a typographical error on line 4. The claim recites “he three or more features…” The Examiner believes the claim should recite “the three or more features…” Appropriate correction is required.
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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-8, 10, and 12 of U.S. Patent No. 12,272,010. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims are a variation of the patented claims. Claims 2-21 of the patent are anticipated by patent claims 1-4, 6-8, 10, and 12, in that claims 1-4, 6-8, 10, and 12 of the patent contains all the limitations of claims 2-21 of the instant application. Claims 2-21 of the instant application therefore are not patently distinct from the earlier patent claim and as such are unpatentable for obvious-type double patenting.
Instant Application 19/019,986
U.S. Patent 12,272,010
2. A method, comprising: identifying three or more features associated with a real-world object in a video feed during an augmented reality (AR) session initiation within a physical environment that includes the real-world object; he three or more features being predefined for the real-world object, by matching the three or more features with corresponding features identified in the video feed;
maintaining coordinates for the three or more features within the video feed as labeled pixel coordinates in a two-dimensional (2D) array;
maintaining dimensions of the three or more features based on a model comprising dimensions of the real-world object, the model being a computer-aided (CAD) model, and the dimensions and initial orientations of the three or more features relative to an origin of the CAD model being maintained in a three-dimensional (3D) array; and
1. A method, comprising: identifying a feature associated with a real-world object in a video of an Augmented Reality (AR) application (app) during AR session initiation of the AR app within a physical environment that includes the real-world object; maintaining pixel coordinates for the feature within the video; wherein maintaining the pixel coordinates further includes:
7. A method, comprising: maintaining a computer-aided design (CAD) model for a terminal; receiving an Augmented Reality (AR) session initiation request from an AR application (app) that comprises a video of a physical environment with the terminal located within the physical environment; identifying three or more features of the terminal from the video; obtaining sizes and dimensions for the three or more features from the CAD model; wherein obtaining the sizes further includes: maintaining pixel coordinates, the sizes, and the dimensions for the three or more features in a two-dimensional (2D) array and a three-dimensional (3D) array; obtaining intrinsic camera parameters for a camera that is supplying the video; and using pixel coordinates for the three or more features within a screen rendered on a device that comprises the camera, the sizes, the dimensions, and the intrinsic camera parameters to estimate a position and an orientation of the terminal within the video and initializing an AR session for the AR app responsive to the AR session initiation request; wherein using further includes: processing a Perspective-n-Point (PnP) algorithm using the 2D array, the 3D array, and the intrinsic camera parameters to estimate the position and the orientation of the terminal within the video.
1. maintaining the pixel coordinates for the feature and additional pixel coordinates for additional features of the real-world object in a two-dimensional (2D) array;
1. maintaining sizes and dimensions of the feature based on a model that comprises sizes and dimensions of the real-world object; wherein maintaining the sizes further includes: maintaining the sizes and dimensions for the feature and additional sizes and dimensions for the additional features of the real-world object in a three-dimensional (3D) array; and
estimating a position and orientation of the real-world object depicted in the video feed based on the coordinates and dimensions by processing a Perspective-n-Point (PnP) algorithm using the 2D array, the 3D array, and intrinsic parameters of a camera providing the video feed.
estimating a position and an orientation of the real-world object as depicted in the video based on the pixel coordinates, the sizes of the feature, and the dimensions of the feature; wherein estimating further includes: obtaining intrinsic camera parameters for a camera that is supplying the video from the AR app; and wherein estimating further includes processing a Perspective-n-Point algorithm using the 2D array, the 3D array, and the intrinsic camera parameters to estimate the position and the orientation of the real-world object within the video.
The above table illustrates a comparative mapping between the limitations of claim 2 of the instant application and the limitations of claim 1 and 7 of U.S. Patent 12,272,010. The following is a complete listing of the correspondence between the claims of the instant application to U.S. Patent 12,272,010.
Claims of Instant Application
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Claims of U.S. Patent 12,272,010
1, 7
6
1
1
1
1
2
3
4
7
7
7
12
10
7
7
8
7, 1, 6
7, 12, 1, 4
7
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Troy et al. (US 10,607,409 B2) discloses visualization of CAD models using virtual reality.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHI HOANG whose telephone number is (571)270-3417. The examiner can normally be reached Mon-Fri 8:00-5:00.
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/PHI HOANG/Primary Examiner, Art Unit 2619
