DETAILED ACTION
This action is in response to communications: Preliminary-Amendment filed March 27, 2026.
Claims 2-21 are pending in this case. Claim 1 has been newly cancelled. Claims 2-21 have been newly added. This action is made Non-Final.
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 February 3, 2025, May 28, 2025, September 11, 2025, March 5, 2026, and April 19, 2026 were filed after the filing date of the application on January 23, 2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings were received on January 23, 2025. These drawings are accepted.
Claim Objections
Claims 1, 14, and 20 are objected to because of the following informalities:
Claims 1, 14, and 20 similarly recite, “…generating…a 3D model…” but should recite, “…generating…a three-dimensional (3D) model…”
Appropriate correction is required.
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 non-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 non-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 non-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.
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, 3, 14, 15, and 21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 10, 15, 16, and 19 of U.S. Patent No. 12,211,150. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the tables below.
Present Application #19/035,533
2
3
14
15
21
U.S. Patent #12,211,150
10
10,15,16
10 or 19
10,15,16
1
Present Application #19/035,533 Claim 2
U.S. Patent #12,211,150 Claim 10
A non-transitory computer-readable medium comprising executable instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising:
A non-transitory computer-readable medium comprising executable instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising:
receiving multiple images of a physical environment;
receiving a plurality of images representing an interior of a physical environment;
identifying, using one or more machine learning algorithms, multiple objects in the multiple images, identifying including:
Limitations A and B below (e.g. “identifying, using a neural network for object recognition, a first object in a first image of the plurality of images…a second object in a second image of a plurality of images…”)
identifying, using the one or more machine learning algorithms, a first object in a first image of the multiple images, the first object associated with first location information indicating a first location in the physical environment;
identifying, using a neural network for object recognition, a first object in a first image of the plurality of images, the first object being associated with first object location information, the first object location information indicating a location relative to the physical environment (Limitation A);
identifying, using the one or more machine learning algorithms, a second object in a second image of the multiple images,
identifying, using the neural network for object recognition, a second object in a second image of a plurality of images (Limitation B);
the second object associated with second location information indicating a second location in the physical environment, the second image different from the first image; and
Limitation C below (e.g. “second object location information with the second image…” e.g. where the first image and second image are different)
determining, based at least in part on the first location information and the second location information, that the first object and the second object are located at or near a similar location and
determining if the first object in the first image and the second object in the second image are located near or at a similar location of the physical environment based on location information associated with the first image and second object location information associated with the second image (Limitation C);
represent a single object in the physical environment;
if the first object and the second object are located near or at the similar location, then the first object and the second object are an instance of a single object; storing the similar location associated with the single object;
generating, based at least in part on the multiple images, a 3D model of the physical environment, the 3D model including multiple representations of the multiple objects; and providing the 3D model.
displaying an interactive walkthrough visualization of a three-dimensional (3D) model of the physical environment, the 3D model including the single object; receiving an object information request regarding object location through the interactive walkthrough visualization; and providing the similar location of the single object for display in the interactive walkthrough visualization.
Claim 2 of the present application differs from claim 10 of the patent application in that claim 2 of the present application is broader in scope than claim 10 of the patent application, thus encompasses that of the patent application.
Present Application #19/035,533 Claim 3
U.S. Patent #12,211,150 Claims 10, 15, & 16
The non-transitory computer-readable medium of claim 2 wherein
A non-transitory computer-readable medium comprising executable instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising…
the first image and the second image were captured by one or more image capture devices,
Limitations A and B below (e.g. “…the first image…of an image capture device… the second image…of an image capture device…”)
the first location information includes first position or orientation information of the one or more image capture devices,
…the first image includes position and orientation of an image capture device that captured the first image in the physical environment… (Limitation A)(claim 15)
the second location information includes second position or orientation information of the one or more image capture devices, and
…the second image includes position and orientation of an image capture device that captured the second image in the physical environment…(Limitation B)(claim 16)
determining that the first object and the second object are located at or near the similar location and represent the single object in the physical environment includes
… determining if the first object in the first image and the second object in the second image are located near or at a similar location of the physical environment based on location information associated with the first image and second object location information associated with the second image…(claim 10)
determining, based at least in part on the first position or orientation information and the second position or orientation information, that the first object and the second object are located at or near the similar location and represent the single object in the physical environment.
…determine the first object location information based on the position and orientation of the image capture device that captured the first image (claim 15)… determining the second object location information based on the position and orientation of the image capture device that captured the second image…(claim 16)
Present Application #19/035,533 Claim 14
U.S. Patent #12,211,150 Claim 19
A method comprising:
A method comprising:
receiving multiple images of a physical environment;
receiving a plurality of images representing an interior of a physical environment;
identifying, using one or more machine learning algorithms, multiple objects in the multiple images, identifying including:
Limitations A and B below (e.g. “identifying, using a neural network for object recognition, a first object in a first image of the plurality of images…a second object in a second image of a plurality of images…”)
identifying, using the one or more machine learning algorithms, a first object in a first image of the multiple images, the first object associated with first location information indicating a first location in the physical environment;
identifying, using a neural network for object recognition, a first object in a first image of the plurality of images, the first object being associated with first object location information, the first object location information indicating a location relative to the physical environment (Limitation A);
identifying, using the one or more machine learning algorithms, a second object in a second image of the multiple images,
identifying, using the neural network for object recognition, a second object in a second image of a plurality of images (Limitation B);
the second object associated with second location information indicating a second location in the physical environment, the second image different from the first image; and
Limitation C below (e.g. “second object location information with the second image…” e.g. where the first image and second image are different)
determining, based at least in part on the first location information and the second location information, that the first object and the second object are located at or near a similar location and
determining if the first object in the first image and the second object in the second image are located near or at a similar location of the physical environment based on location information associated with the first image and location information associated with the second image (Limitation C);
represent a single object in the physical environment;
if the first object and the second object are located near or at the similar location, then the first object and the second object are an instance of a single object; storing the similar location associated with the single object;
generating, based at least in part on the multiple images, a 3D model of the physical environment, the 3D model including multiple representations of the multiple objects; and providing the 3D model.
displaying an interactive walkthrough visualization of a three-dimensional (3D) model of the physical environment, the 3D model including the single object; receiving an object information request regarding object location through the interactive walkthrough visualization; and providing the similar location of the single object for display in the interactive walkthrough visualization.
Claim 14 of the present application differs from claim 19 of the patent application in that claim 14 of the present application is broader in scope than claim 19 of the patent application, thus encompasses that of the patent application.
NOTE: Claim 14 of the present application is similar in scope to claim 2 of the present application, thus may also be rejected under similar rationale, e.g. against claim 10 of the patent application.
Claim 15 of the present application is similar in scope to claim 3 of the present application, thus is rejected under similar rationale.
Present Application #19/035,533 Claim 21
U.S. Patent #12,211,150 Claim 1
A system comprising at least one processor and at least one memory including executable instructions that, when executed by the at least one processor, cause the system to:
A system comprising: one or more processors; and memory containing instructions to control the one or more processors to:
receive multiple images of a physical environment;
receive a plurality of images representing an interior of a physical environment;
generate, based at least in part on the multiple images, a 3D model of the physical environment;
Limitation D below (e.g. “…an interactive walkthrough visualization of a three-dimensional (3D) model of the physical environment, the 3D model including the single object…”)
identify, using one or more machine learning algorithms, multiple objects in the multiple images, the executable instructions to identify including executable instructions to:
Limitations A and B below (e.g. “identify, using a neural network for object recognition, a first object in a first image of the plurality of images…a second object in a second image of a plurality of images…”)
identify, using the one or more machine learning algorithms, a first object in a first image of the multiple images, the first object associated with first location information indicating a first location in the physical environment;
identify, using a neural network for object recognition, a first object in a first image of the plurality of images, the first object being associated with first object location information, the first object location information indicating a location relative to the physical environment (Limitation A);
identify, using the one or more machine learning algorithms, a second object in a second image of the multiple images,
identify, using the neural network for object recognition, a second object in a second image of the plurality of images (Limitation B);
the second object associated with second location information indicating a second location in the physical environment, the second image different from the first image; and
Limitation C below (e.g. “second object location information with the second image…” e.g. where the first image and second image are different)
determine, based at least in part on the first location information and the second location information, that the first object and the second object are located at or near a similar location and
determine if the first object in the first image and the second object in the second image are located near or at a similar location of the physical environment based on location information associated with the first image and second object location information associated with the second image (Limitation C);
represent a single object in the physical environment; and
if the first object and the second object are located near or at the similar location, then the first object and the second object are an instance of a single object; store the similar location associated with the single object;
provide the 3D model, the 3D model including multiple representations of the multiple objects.
display an interactive walkthrough visualization of a three-dimensional (3D) model of the physical environment, the 3D model including the single object; receive an object information request regarding object location through the interactive walkthrough visualization; and provide the similar location of the single object for display in the interactive walkthrough visualization (Limitation D).
Claim 21 of the present application differs from claim 1 of the patent application in that claim 21 of the present application is broader in scope than claim 1 of the patent application, thus encompasses that of the patent application.
Allowable Subject Matter
Claims 2, 3, 14, 15, and 21 would be allowable if the Double Patenting rejection set forth above may be overcome.
Claims 4-13 and 16-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The present invention relates to a system and method of object detection and interactive three-dimensional (3D) models. Prior art includes:
Mildrew et al. (US 2018/0143756)(cited in the Information Disclosure Statement (IDS) filed February 3, 2025) disclose a system and method of generating a three-dimensional model of an environment based on sets of aligned three-dimensional data captured from the environment, and associating tags with defined locations of the 3D model, wherein the tags are respectively represented by tag icons that are spatially aligned with the defined locations of the three-dimensional model as included in different representations of the three-dimensional model rendered via an interface of a device, wherein the different representations correspond to different perspectives of the three-dimensional model, the system further displays an interactive walkthrough visualization of the 3D model (e.g. see Figures);
Rusu et al. (US 10,382,739)(cited in the Information Disclosure Statement (IDS) filed February 3, 2025) discloses a system and method of capturing and generating a multi-view interactive digital media representation (MVIDMR) of an object and tagging the object at a specific location, the method further includes tagging similar objects, e.g. comparing two objects and selecting a first selectable tag on a first tagged MVIDMR, and further determining whether a second tagged MVIDMR includes a similar selectable tag, such as in a common location (see column 27, lines 65 thru column 28, lines 9);
Holzer et al. (US 2021/0344891)(cited in the Information Disclosure Statement (IDS) filed February 3, 2025) also disclose a system and method of capturing and generating multi-view interactive digital media representations (MIDMRs), the method including automatically generating a MIDMR comprises obtaining a first MIDMR and a second MIDMR, where the first MIDMR includes a convex or concave motion capture using a recording device and is a general object MIDMR, the second MIDMR is a specific feature MIDMR, the first and second MIDMRs may be obtained using different capture motions, and a third MIDMR is generated from the first and second MIDMRs, and is a combined embedded MIDMR, where the combined embedded MIDMR may comprise the second MIDMR being embedded in the first MIDMR, forming an embedded second MIDMR, the third MIDMR may include a general view in which the first MIDMR is displayed for interactive viewing by a user on a user device, and the embedded second MIDMR may not be viewable in the general view (see details of claimed features as outlined in the Written Opinion of the International Search Report mailed June 29, 2023);
Fleischman et al. (US 2021/0375062) disclose a system and method of automatically identifies objects in an environment based on a walkthrough video and an annotated floorplan of the environment, the annotated floorplan indicates locations and types of objects that are expected to be in the environment, where the system receives the walkthrough video and generates a 3D model of the environment, applies a machine learning model to the walkthrough video to identify regions within frames where objects are captured, and after identifying the regions within frames of the walkthrough video that include objects, the system modifies corresponding regions of the 3D model to include the identified objects, where for each of the identified objects, the system determines a likelihood of the identified object being present at a location in the environment based on a comparison of the modified 3D model and the annotated floorplan.
Although the prior art of record noted above discloses certain features of the claimed invention, the prior art of record fails to explicitly teach or suggest, singly or combined, the limitations of independent claims 1, 14, and 20 as recited as a whole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACINTA M CRAWFORD whose telephone number is (571)270-1539. The examiner can normally be reached 8:30a.m. to 4:30p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, King Y. Poon can be reached at (571)272-7440. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACINTA M CRAWFORD/Primary Examiner, Art Unit 2617
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