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 .
Double Patenting
2. 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.
3. Claim 1 of the present application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 11,800,246 (patent 246) in view of Yu et al. (US Patent Application Publication No. 2018/0165875 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because they are similar and obvious variations of each other. Claim 1 of present application pertains to apparatus while claim 1 of patent 246 pertains to method but an apparatus is just an obvious variation on the method.
4. The following table shows correspondence between claim 1 of present application with claims 1 and 5 of patent 246 in view of Yu.
Claims of present application
1
Claims of patent 246 in view of Yu
1 and 5
5. The following table shows correspondence between claim 1 of present application with claim 1 of patent 246.
Claim 1 of present application
Claims 1 and 5 of patent 246 in view of Yu
1. An apparatus for performing multispectral three-dimensional mapping of a landscape, the apparatus comprising:
a camera rig configured to be operably disposed on an aerial platform capable of moving over an aerial flight path relative to the landscape, the apparatus further comprising;
1. A method of performing multispectral mapping of a landscape with an aerial imaging system that includes:
Yu at paragraph [0008] discloses “…Also, when the two methods are simply combined, that is, when a movable multi-view camera rig is used, images must be captured while a multi-camera rig that is large enough to have a long baseline between the cameras fixed thereon moves in order to reconstruct a high-quality 3D shape from a dynamic object, but this is costly and has a limitation as to the operation of the cameras. …”
Therefore, Yu discloses a multicamera rig attached to an aerial vehicle for capturing ground images.
a wide-field of view (WFOV) camera
having a first field of view and configured to sequentially capture WFOV image data of the landscape in partially overlapping adjacent first fields of view when moving over the aerial flight path; and
at least one multispectral (MS) camera operably disposed proximate the WFOV camera and comprising a second field of view that is narrower than the first field of view and configured to sequentially capture narrow-field of view (NFOV) MS image data of the landscape in partially overlapping adjacent second fields of view that reside within corresponding ones of the partially overlapping first fields of view when the aerial platform is moving over the aerial flight path;
a wide-field of view (WFOV) camera having a first field of view (FOV);
at least one multispectral (MS) camera operably disposed proximate the WFOV camera and having a second FOV that is narrower than the first FOV;
the method comprising:
sequentially capturing WFOV image data of the landscape in partially overlapping adjacent first FOVs;
sequentially capturing narrow-field of view (NFOV) MS image data of the landscape in partially overlapping adjacent second FOVs that reside within the corresponding partially overlapping first FOVs;
wherein the steps of sequentially capturing the WFOV image data and the NFOV MS image data includes triggering the WFOV camera and the at least one MS camera at the same time.
wherein the partially overlapping adjacent second fields of view are centered within the corresponding partially adjacent overlapping first fields of view.
5. The method according to claim 1, wherein the partially overlapping adjacent second fields of view are centered within the corresponding partially adjacent overlapping first fields of view.
Allowable Subject Matter
6. Claims 1-20 are allowed over cited references.
7. The following is an examiner’s statement of reasons for allowance: Claim 1 recites the limitation wherein the partially overlapping adjacent second fields of view are centered within the corresponding partially adjacent overlapping first fields of view which is neither disclosed nor suggested by the cited references, either singly or in combination.
8. A close art of record is Applegate et al. (US Patent Application Publication No. 2020/0064484 A1). Apple discloses wide field of view camera and multispectral instrument. However, nothing in Applegate discloses or suggest the above cited limitation.
9. Another close art of record is Richarte et al. (US Patent Application Publication No. 2023/0231699 A1). Richarte discloses an aerial vehicle with wide and narrow field of view cameras and multispectral cameras for capturing satellite images of Earth. However, Richarte fails to disclose or suggest the above cited limitations.
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.
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, Kee Tung can be reached at 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
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