DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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Instant Application 19/085846
US9412203
Claim 1: A method of generating a virtual display of an automobile comprising: controlling a camera to capture one or more images of the automobile in a photo studio, wherein the photo studio comprises: an outer structure; a raised barrier within the outer structure, wherein the raised barrier and the outer structure are separated by a trench; and one or more lights; positioning the one or more lights to indirectly illuminate the automobile; and facilitating displaying the one or more images of the automobile.
Claim 1: An item imaging system, comprising: a roundhouse, comprising: an outer structure, wherein the outer structure is a dome; a turntable centered within the outer structure; fifty seven fifty-seven lights; a first camera mounted in the dome centered above the turntable, a second camera mounted in a lower portion of the dome, and a third camera mounted in a portion of the dome between the first and second cameras; and a raised barrier between the turntable and the fifty-seven lights configured to screen the fifty-seven lights from the first camera, the second camera, and the third camera; and a processor connected to the first camera, second camera, third camera, and the turntable, wherein the processor is configured with processor-executable instructions to perform operations comprising: controlling the fifty-seven lights and the turntable to rotate an item on the turntable and illuminate the item as one or more of the three cameras capture one or more images of the item; and sending the one or more images to a server to be displayed in a virtual display of the item, wherein the fifty-seven lights are configured to indirectly illuminate the item, and wherein each of the first camera, second camera, and third camera is configured to capture images of the item from a different angle.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-17 of U.S. Patent No. 9412203. 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 view the separation between the dome and imaging structure as a trench.
Allowable Subject Matter
The closest prior art of record is Contreras Jr. et al. (US201402686274) (hereinafter Contreras). Contreras discloses a method of generating a virtual display of an automobile comprising: controlling a camera to capture one or more images of the automobile in a photo studio, wherein the photo studio comprises: an outer structure; a raised barrier within the outer structure (Figs 1-6, 0014-0033; automobile photo studio with an outer structure for imaging vehicle)
and one or more lights; positioning the one or more lights to indirectly illuminate the automobile (Figs. 1-6, 0033-0039; reflective light for automobile imaging).
However, the prior arts of record individually nor in combination do not explicitly disclose facilitating displaying the one or more images of the automobile and wherein the raised barrier and the outer structure are separated by a trench, when taken in the environment of the independent claims.
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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/TALHA M NAWAZ/ Primary Examiner, Art Unit 2483