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 statements (IDS) submitted on 08/21/2025, 10/13/2025, and 11/14/2025 were filed after the mailing date of the application. The submission 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 21-27, 32-34, 36-38, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 10-12, 15-18 of U.S. Patent No. 12,236,534 (Patent ‘534, hereinafter). Although the claims at issue are not identical, they are not patentably distinct from each other because all of the features of current claims 21-27, 32-34, 36-38, and 40 are already included in claims 1-7, 10-12, 15-18 of Patent ‘534. See tables below.
Table I:
Current Application 19/029630
U.S. Patent No. 12,236,534
21-27, 32-34, 36-38, and 40
1-7, 10-12, 15-18
Table II:
Current Application 19/029630
U.S. Patent No. 12,236,534
21. (New) A computer-implemented method, comprising:
obtaining a three-dimensional model representing a geographic location, wherein the three-dimensional model is generated by a machine-learned model based on a series of two- dimensional images of the geographic location that have been previously captured by a camera;
determining a viewing position within the three-dimensional model representing the geographic location based on path information through the three- dimensional model representing the geographic location, wherein the path information is generated based on a path of the camera as it was previously moved through the geographic location to capture ordered series of two-dimensional images of the location for use in generating the three-dimensional model;
selecting a piece of user-generated media content from a plurality of pieces of user- generated content based, at least in part, on the viewing position within the three-dimensional model representing the geographic location;
modifying the three-dimensional model representing the geographic location to include the selected piece of user-generated content into the three-dimensional model such that, when viewed from the viewing position with the three-dimensional model, the piece of user-generated content is seamlessly integrated into the three-dimensional model representing the geographic location; and
providing the three-dimensional model representing the geographic location for display to a user.
1. A computer-implemented method, comprising:
obtaining a three-dimensional model representing a geographic location, wherein the three-dimensional model is generated by a machine-learned model based on a series of two-dimensional images of the geographic location that have been previously captured by a camera following one or more paths through the geographic location;
accessing user-generated media content associated with the geographic location; receiving path information representing at least a portion of a path through the three-dimensional model representing the geographic location, wherein the path information is generated based on a path of the camera as it was previously moved through the geographic location to capture ordered series of two-dimensional images of the location for use in generating the three-dimensional model;
selecting one or more pieces of user-generated media content based, at least in part, on the path information;
modifying the three-dimensional model representing the geographic location to include the one or more pieces of user-generated media content based on the path information and a portion of the three-dimensional model to be displayed to a user, wherein the pieces of user-generated media content are presented within one or more visual pop-outs in the three-dimensional model; and
providing the three-dimensional model representing the geographic location for display to a user.
From the tables above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify claims 1-7, 10-12, 15-18 of Patent ‘534 to be as current claims 21-27, 32-34, 36-38, and 40 since all the features of current claims 21-27, 32-34, 36-38, and 40 are already included in claims 1-7, 10-12, 15-18 of Patent ‘534, and thus are just an obvious variation of claims 1-7, 10-12, 15-18 of Patent ‘534.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hau H. Nguyen whose telephone number is: 571-272-7787. The examiner can normally be reached on MON-FRI from 8:30-5:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tammy Goddard, can be reached on (571) 272-7773.
The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAU H NGUYEN/Primary Examiner, Art Unit 2611
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