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 .
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,243,167. Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 of the instant application and Claims 1, 2, 3, 8 of U.S. Patent No. 12,243,167 are similar, because both Claim 1 of the instant application and Claims 1, 2, 3, 8 of U.S. Patent No. 12,243,167 are claiming same claim subject matters.
Claim 1 of instant application teaches A method comprising: generating labels for image data from a plurality of computing devices using a machine learning model;
Claim 1 of U.S. Patent No. 12,243,167 teaches A method comprising: identifying terrestrial source image data generated using a plurality of client devices;
Claim 8 of U.S. Patent No. 12,243,167 teaches the method wherein a machine learning scheme is trained to perform densification to the terrestrial source image data.
Claim 1 of instant application teaches converting the image data into point clouds using a computer vision scheme; placing the image data and the point clouds into a geographic space based on the labels for the image data; and
Claims 2 and 3 of U.S. Patent No. 12,243,167 teaches the method wherein the terrestrial source image data comprises a plurality of point clouds; wherein the plurality of point clouds are generated by applying an imaging scheme to video sequences generated by the plurality of client devices.
Claim 1 of instant application teaches generating a three-dimensional map from the image data, the three-dimensional map comprising stitched portions of the image data from different computing devices of the plurality of computing devices, the three-dimensional map generated by correlating points of the point clouds with reference points of a reference point cloud for the geographic space.
Claim 1 of U.S. Patent No. 12,243,167 teaches generating a three-dimensional map from the enhanced terrestrial source image data, the 3D map comprising stitched portions of enhanced terrestrial source image data sets from different client devices of the plurality of client devices, the stitched portions of the enhanced terrestrial source image data sets projected on the 3D map with colors or shading corresponding to the different client devices.
Claims 2-20 of the instant application are rejected for same reasons as Claims 4-7, 9-20 of U.S. Patent No. 12,243,167, because both Claims 2-20 of the instant application and Claims 4-7, 9-20 of U.S. Patent No. 12,243,167 are claiming same claim subject matters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIJAY SHANKAR whose telephone number is (571)272-7682. The examiner can normally be reached M-F 9 am- 6 pm.
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, Matthew Eason can be reached at 571-270-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
VIJAY SHANKAR
Primary Examiner
Art Unit 2624
/VIJAY SHANKAR/Primary Examiner, Art Unit 2624
Prosecution Insights