DETAILED ACTION
Status
This Office Action is responsive to claims filed on 02/11/2025. Please note Claims 1-20 are pending and have been examined.
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 statement (IDS) 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12254584. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of instant application are anticipated by claims 1-20 of U.S. Patent No. 12254584.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11810262, in view of Holzer (US 20220254007 A1).
Instant Application
U.S. Patent No. 12254584
U.S. Patent No. 11810262
1. A system comprising: one or more processors; and
1. A system comprising: one or more processors; and
1. A system comprising: one or more processors; and
one or more non-transitory computer-readable storage devices storing computing instructions configured to run on the one or more processors and cause the one or more processors to perform operations comprising:
one or more non-transitory computer-readable storage devices storing computing instructions configured to run on the one or more processors and cause the one or more processors to perform:
one or more non-transitory computer-readable storage devices storing computing instructions configured to run on the one or more processors and perform: facilitating displaying a 3D display of an object on an electronic device of a user;
in response to receiving a zoom selection on a vehicle from an electronic device, facilitating displaying a zoomed display of the vehicle on the electronic device; and
receiving a zoom selection from an electronic device of a user; in response to receiving the zoom selection, facilitating displaying a zoomed display of an item on the electronic device of the user;
Claim 6. The system of claim 1, wherein the item comprises an automobile.
receiving, from the electronic device of the user, a zoom selection comprising a first 2D point on a display screen of the electronic device of the user; in response to receiving the zoom selection, facilitating displaying a zoomed 3D display of the object on the electronic device of the user;
in response to receiving a zoom rotation selection of the vehicle in the zoomed display from the electronic device, facilitating rotating the vehicle in the zoomed display on the electronic device.
Claim 1. …receiving, from the electronic device of the user, a zoom rotation selection; in response to receiving the zoom rotation selection, determining an axis of rotation using the zoom selection and the zoom rotation selection; and facilitating rotating the item around the axis of rotation in the zoomed display on the electronic device of the user.
Claim 1. …receiving, from the electronic device of the user, a zoom rotation selection comprising a second 2D point on the display screen of the electronic device of the user; in response to receiving the zoom rotation selection, determining an axis of rotation using the first 2D point and the second 2D point; and facilitating rotating the 3D display of the object around the axis of rotation in the zoomed 3D display on the electronic device of the user.
Claims 1-18 of U.S. Patent No. 11810262 do not disclose the object is a vehicle. However, in the same field of endeavor, Holzer discloses viewing an object model of a vehicle from different angle and at different zoom levels ([0132] “a damage detection portal may have multiple cameras that capture image data of the object at different angles and from different viewpoints.” [0151] “For example, the viewer may switch according to a level of zoom requested by the user. In such a configuration, a multi-resolution image may be presented initially, while a lower resolution version of the image may be presented if the user requests a wide view of the vehicle.”). It would have obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified claims 1-18 of U.S. Patent No. 11810262 with the features of zooming and rotating a display of a vehicle. The target object being viewed is merely a designer’s choice.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
FAULKNER (US 20200201521 A1) – This reference teaches a tool for interacting with a rendered environment configured to render a representation of a real-world environment and receive input data indicative of a position for a zoom window to be placed within the representation. The zoom window is rendered having a size that is determined based on one or more criteria. A magnified view of a portion of the representation is rendered that is proximate to the position of the zoom window. Input data is received that is indicative of a first gesture indicative of a new position for the zoom window. The zoom window is repositioned on the UI and the size of the zoom window is maintained during the repositioning. Within the zoom window, a magnified view of a portion of the representation is rendered that is proximate to the new position of the zoom window. The zoom window is movable to any rendered portion of the representation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHONG WU whose telephone number is (571)270-5207. The examiner can normally be reached MON-FRI: 9AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao Wu can be reached at 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHONG WU/Primary Examiner, Art Unit 2613
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