DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Preliminary Amendment
2. The preliminary amendment to claims filed on 7/25/2025 has been accepted and is examined below.
Double Patenting
3. 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.
4. Claims 21, 23, 29, and 37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 19-20 of U.S. Patent No.11,380,078 B2 (patent 078). Although the claims at issue are not identical, they are not patentably distinct from each other because they are similar with the present claims being broader.
5 The following table shows correspondence between the claims of the present application and claims of patent 078.
Claims of present application
21
23
29
37
Claims of patent 078
1
1
19
20
6. The following table shows correspondence between the limitations of claim 21 and claim 1 of patent 078.
Claim 21 of present application
Claim 1 of patent 078
A method for scaling a virtual representation of a building structure, the method comprising:
obtaining a plurality of images of the building structure, wherein the plurality of images comprises non-camera anchors;
identifying reference sensor data for respective ones of the plurality of images based on the non-camera anchors;
selecting at least two candidate poses based on one or more of the reference sensor data and the non-camera anchors; and generating the virtual representation of the building structure based on correlating the reference sensor data with the at least two candidate poses.
A method for scaling a 3-D representation of a building structure, the method comprising:
obtaining a plurality of images of the building structure, wherein the plurality of images comprises non-camera anchors;
identifying reference poses for the plurality of images based on the non-camera anchors;
obtaining world map data including real-world poses for the plurality of images;
selecting at least two candidate poses from the real-world poses based on corresponding reference poses; and
calculating a scaling factor for a 3-D representation of the building structure based on correlating the reference poses with the candidate poses.
Allowable Subject Matter
7. Claims 21-44 are allowed over cited references.
8. The following is an examiner’s statement of reasons for allowance: Claim 21-44 recites the limitation electing at least two candidate poses based on one or more of the reference sensor data and the non-camera anchors; and generating the virtual representation of the building structure based on correlating the reference sensor data with the at least two candidate poses which is not disclosed by the cited references.
9. The closest cited reference is MacDonald et al. (US Patent Application Publication No. 2014/0176543 A1) which discloses generating a 3D CAD model using a plurality of captured images of the horizon and sky to generated a 3D model of a building under natural lighting. However, nothing in MacDonald discloses the above cited limitation.
10. The reference Harp et al. (US Patent Application Publication No. 2015/0186418 A1) discloses rendering a virtual view of an object based on the images of the model located in a database. However, nothing in Harp discloses the above cited limitations.
11. The next reference Hall et al. (US Patent Application Publication No. 2021/0035455 A1) disclose using LiDAR generated image to generate a 3D virtual image of a structure/building and of the natural physical surrounding of the building. However, nothing in Hall discloses further selecting at least candidate poses based on reference poses. Thus, the cited reference singly, or in combination with others, fails to disclose or suggest the above cited limitations.
12. Claims 29 and 37 recite limitations similar to those of claim 21 and are allowed over cited references as well.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
CONTACT
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK S CHEN whose telephone number is (571)270-7993. The examiner can normally be reached Mon - Fri 8-11:30 and 1:30-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kee Tung can be reached on 5712727794. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANK S CHEN/Primary Examiner, Art Unit 2611
