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 January 16, 2025 was filed after the mailing date of the application on January 16, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: Applicant’s disclosure in paragraph [001] on p. 2 recites “…U.S. Application No. 18/413,803, filed on January 16, 2024, which is a continuation of…” where it should instead recite “…U.S. Application No. 18/413,803, filed on January 16, 2024, now U.S. Patent No. 12,236,553, issued on February 25, 2025, which is a continuation of…”
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,236,553, as shown in the tables below. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claims are broader in every aspect than the patent claims and are therefore an obvious variant thereof.
19/024,218
Claim 21
22
23
24
25
26
27
28
29
30
31
32
12,236,553
Claims 1, 4, 6
2
3
9
5
6
7
8
9
10
11
12
19/024,218
33
34
35
36
37
38
39
40
12,236,553
1
13
1, 4, 6
15
16
17
14
1, 4, 6
19/024,218 (Claim 21)
12,236,553 (Claims 1, 4, and 6)
A method of cross-referencing between a three-dimensional (3D) model and a two-dimensional (2D) document, comprising:
A method of cross-referencing between a three-dimensional (3D) model and a two-dimensional (2D) document, comprising: (Claim 1)
generating a 2D image based on the 3D model, the 2D image comprising a representation of a plurality of elements from the 3D model;
generating a second 2D image based on the 3D model, the second 2D image comprising a representation of the plurality of elements from the 3D model; (Claim 1)
generating a coded 2D image based on the 2D image by assigning a coded indicator to each of the plurality of elements represented on the 2D image, wherein each of the coded indicators on the coded 2D image uniquely identifies one of the plurality of elements from the 3D model;
generating a coded 2D image based on the second 2D image by assigning a coded indicator to each of the plurality of elements represented on the second 3D image, wherein each of the coded indicators displayed on the coded 2D image uniquely identifies a corresponding element of the plurality of elements from the 3D model, (Claim 1)
selecting a region on the 2D image to map the region to a reference region in the coded 2D image; and
selecting a point on the second 2D image that overlies the representation of a first element of the plurality of elements on the second 2D image; and mapping the point to a reference point in the coded 2D image (Claim 4)
determining which of the coded indicators in the reference region of the coded 2D image correspond to the plurality of elements of the 3D model by matching the coded indicators that uniquely identified the plurality of elements.
to identify the coded indicator corresponding to the first element (Claim 4)
matching the indicator value of the coded indicator for the first element to the corresponding element in the 3D model based on the unique identifier (Claim 6)
Allowable Subject Matter
Claims 21-40 are rejected under double patenting, but would be allowable if a terminal disclaimer is filed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art taken singly or in combination do not teach or suggest the combination of all the limitations of independent Claim 21, and in particular, do not teach determining which of the coded indicators in the reference region of the coded 2D image correspond to the plurality of elements of the 3D model by matching the coded indicators that uniquely identified the plurality of elements. Independent Claims 35 and 40 are each similar in scope to Claim 21, and therefore also contain allowable subject matter. Claims 22-34 and 36-39 depend from these independent claims, and therefore also contain allowable subject matter.
The closest prior art (Nakamura (US 20190108673A1)) teaches matches points on the three-dimensional model and corresponding points on the projection device viewpoint image. Designating the points on the 3D model displayed as a two-dimensional image and the points on the projection device viewpoint image. Displays the projection device viewpoint image and the two-dimensional image obtained by converting the three-dimensional model image in a mutually overlaid state on the same screen. Operator inputs a correction command while viewing the displayed overlaid image, and this procedure is repeated until required accuracy in consistency is achieved [0022]. Projection contents may be three-dimensional data depicted by a person such that the three-dimensional data is adapted to a three-dimensional shape of the intended projection target. Data saved as three-dimensional data from a design diagram of the projection target, and the three-dimensional data (three-dimensional model data) is stored [0016]. The three-dimensional model data is converted into a two-dimensional image. The two-dimensional image is overlaid on the projection device viewpoint image of projection target 2. The overlaid image is displayed [0018]. Projection target 2 that is a building or another three-dimensional construction [0014]. Creates a two-dimensional image of projection target 2 [0015]. However, Nakamura does not teach determining which of the coded indicators in the reference region of the coded 2D image correspond to the plurality of elements of the 3D model by matching the coded indicators that uniquely identified the plurality of elements.
Another prior art (Tizhoosh (US 20170091281A1)) teaches sample regions of interest 1010a, 1012a, 1014a, 1016a, and 1018a corresponding to each respective sample Radon barcode 1010b, 1012b, 1014b, 1016b, and 1018b [0102]. Selection of a region of interest (ROI) of an image, such as a tumor in a medical image, and generating barcode from the ROI [0100]. However, Tizhoosh does not teach determining which of the coded indicators in the reference region of the coded 2D image correspond to the plurality of elements of the 3D model by matching the coded indicators that uniquely identified the plurality of elements.
Another prior art (Liu (US 20210312696A1)) teaches transmits the texture identifier of the 3D character to the first client to enable the first client to find the corresponding target part and target pattern texture according to the texture identifier, and display a personalized face model [0082]. Transmits a texture identifier of any 3D character to any client. Texture identifiers of different target parts corresponding to a plurality of clients [0079]. Delivers the texture identifier to clients corresponding to all 3D characters in the 3D scene [0121]. However, Liu does not teach determining which of the coded indicators in the reference region of the coded 2D image correspond to the plurality of elements of the 3D model by matching the coded indicators that uniquely identified the plurality of elements.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nakamura (US 20190108673A1) teaches a projection device viewpoint image of a 3D projection target is acquired, a 3D model corresponding to the projection target is prepared as projection contents, the 3D model is converted into a 2D image that coincides with the projection device viewpoint image, and the 2D image that coincides with the projector viewpoint image is projected to the projection target (Abstract).
Tizhoosh (US 20170091281A1) teaches sample regions of interest 1010a, 1012a, 1014a, 1016a, and 1018a corresponding to each respective sample Radon barcode 1010b, 1012b, 1014b, 1016b, and 1018b [0102].
Liu (US 20210312696A1) teaches transmits the texture identifier of the 3D character to the first client to enable the first client to find the corresponding target part and target pattern texture according to the texture identifier, and display a personalized face model [0082].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONI HSU whose telephone number is (571)272-7785. The examiner can normally be reached M-F 10am-6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kee Tung can be reached at (571)272-7794. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JH
/JONI HSU/Primary Examiner, Art Unit 2611
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