Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the given inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 9 and 13 (and 10-12, 14-5 depending thereon) recite “obtaining color patches and information indicating whether they are a first geometry type or with a second geometry type;”, wherein it is not clear how color patches are a first geometry type, since color and geometry are distinct object property. This renders the meanings and scope of claims ambiguous. For examination purposes it is interpreted as they are with a first geometry type.
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, 1/240 F.3d 1/2428, 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, 21/24 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 given inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the given inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-15 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of US Patent#12249107.
Table 1 illustrates the conflicting claim pairs:
Present Application
2-4
5
6-8
9-11
12
13-15
US Patent#12249107
1-3
13
7-9
4-6
14
10-12
Table 2 illustrates a mapping between the limitations claim 29 of the present application and claim 1 of US Patent#12249107, with difference have been bolded for purposes of clarity:
Claim 2 of present App.
Claim 1 of US Patent#12249107
A method comprising: obtaining from a data stream
A method comprising: obtaining from a data stream
a color patch atlas packing color patches;
a color patch atlas packing color pictures;
information indicating whether the color patch atlas is associated with a first geometry type or with a second geometry type and metadata comprising, for each color patch: de-projection data and a description of a location of the color patch in the color patch atlas;
a depth patch atlas packing depth pictures corresponding to color patches of a given geometry type; and metadata comprising, for each color patch of the color patch atlas: de-projection data; a color data comprising a description of a location of a color picture in the color image; and an information indicating whether the color picture is of the given geometry type;
when the information indicates that the color patch atlas is associated with the first geometry type, obtaining from the data stream, a depth patch atlas packing depth patches corresponding to color patches; and using de-projection data for de-projecting pixels of the color patches described by the color data at a depth value determined according to pixels of the corresponding depth patch in the depth patch atlas;
and if the information indicates that the color picture is of the given geometry type, a description of a location of a depth picture in the depth patch atlas; and for each color patch of the given geometry type: using de-projection data for de-projecting pixels of the color picture described by the color data at a depth value determined according to pixels of the corresponding depth patch in the depth atlas;
and when the information indicates that the color patch atlas is associated with the second geometry type, obtaining from the data stream, a constant depth value and using de-projection data for de-projecting pixels of the color patches described by the color data at the constant depth value.
and if the information indicates that the color picture is not of the given geometry type, a constant depth value; and for each other color patch: using de-projection data for de-projecting pixels of the color picture described by the color data at the constant depth value in the associated metadata.
As seen from the table all elements of claim 2 of application map into Claim 1 of US Patent#12249107 with slight language variation, without explicitly reciting the depth patch data.
Elements of Claims 3-4 also map to corresponding elements of Claims 2-3 of US Patent#12249107.
All Elements Claims 9-11 also map to elements of Claims 4-6 of US Patent#12249107 reciting a corresponding packing the color and depth data and encoding metadata data.
Claims 6-8 and 13-15 recite limitations similar in scope with limitations of claims 2-4 and 9-11 and therefore rejected under the same rationale. In addition Claims 7 and 10 of US Patent#12249107 recite A device comprising electronic circuitry.
In addition Claims 13-14 of US Patent#12249107 recite A non-transitory computer readable medium having stored instructions which, when executed by one or more processors, cause the one or more processors to carry out the method of claims 2 and 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SULTANA MARCIA ZALALEE whose telephone number is (571)270-1411. The examiner can normally be reached Monday- Friday 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kent Chang can be reached on (571)272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sultana M Zalalee/ Primary Examiner, Art Unit 2614
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