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 .
Priority
This application discloses and claims only subject matter disclosed in prior application, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
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.
Instant Application (US19/062,811)
US11330244
US10911735
Claim 1: A computer-implemented method comprising: receiving a first data set comprising a three-dimensional description of a scene; partitioning the first data set into a plurality of scene decomposition layers, each layer representing a portion of the scene at a location with respect to a reference location; encoding the plurality of scene decomposition layers to generate a second data set by, for each of the layers: selecting multiple elemental images from a plurality of elemental images, each of the plurality of elemental images comprising a set of pixels; rendering each set of pixels using a ray tracing rendering technique; and down sampling the selected elemental images using a suitable sampling rate;
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and transmitting the second data set to a decoder
Claim 14: A method for displaying a light field comprising: receiving a data set comprising a three-dimensional description of a scene; partitioning the data set into a plurality of layers, each layer having an associated light field comprising light field radiance samples representing red, green and blue (RGB) color components, each layer representing a portion of the scene at a location with respect to a reference location; encoding the plurality of layers to compress the data set, the encoding comprising: using an effective resolution function to determine a suitable sampling rate; selecting multiple elemental images from a plurality of elemental images in the scene; and downsampling the selected elemental images associated with each layer in the plurality of layers using the suitable sampling rate to provide a compressed plurality of layers; merging the compressed plurality of layers; and reconstructing the light field on a light field display to display the scene.
Claim 1: A computer-implemented method comprising: receiving a first data set comprising a three-dimensional description of a scene; partitioning the first data set into a plurality of layers each representing a portion of the scene at a location with respect to a reference location; and encoding multiple layers to generate a second data set by performing a sampling operation on the layers comprising: using an effective resolution function to determine a suitable sampling rate; selecting multiple elemental images from a plurality of elemental images, each of the plurality of elemental images comprising a set of pixels; rendering each set of pixels; and downsampling the selected elemental images associated with each layer in the multiple layers using the suitable sampling rate; and transmitting the second data set to a decoder, wherein a size of the second data set is smaller than a size of the first data set.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11330244 and claims 1-20 of US Patent No. 10911735 Although the claims at issue are not identical, they are not patentably distinct from each other because it would be obvious to one of ordinary skill in the art to display the processed image utilizing ray tracing rendering technique (see US10911735 claim 5).
Allowable Subject Matter
Claims 1-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims including the resolution of any and all 35 USC 101, 35 USC 112 and/or double patenting matters.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TALHA M NAWAZ whose telephone number is (571)270-5439. The examiner can normally be reached Flex, M-R 6:30am-3:30pm; F 8:30am-12:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe G Ustaris can be reached at 571-272-7383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TALHA M NAWAZ/Primary Examiner, Art Unit 2483
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