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 .
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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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 17/174,146. Although the claims at issue are not identical, they are not patentably distinct from each other because, although the claims at issue are not identical, they are not patentably distinct from each other because this application is a continuation of 18/510,623 and this application claims with more words but in a broader manner the invention concisely claimed in 18/510,623.
The claims map to each other as follows:
Instant Application
U.S. Patent No. 18/510,623
Claim 1
A cloud service for a cross reality system, the service comprising:
computer storage media storing:
a database of maps;
a plurality of types of location metadata associated with maps of the database;
one or more computing devices configured for network communication with a plurality of portable electronic devices, the one or more computing devices comprising non-transitory computer-readable media comprising computer-executable instructions that, when executed perform a method comprising:
receiving, from the plurality of portable electronic devices, communications comprising position information and location metadata for the plurality of portable electronic devices;
localizing each of at least some of the plurality of portable electronic devices using the device's position information and device's location metadata by:
accessing, from the computer storage media, localization metadata of one of the plurality of types of location metadata that corresponds to the device's location metadata; and
identifying a location within one of the maps using the device's location metadata and the localization metadata accessed from the computer storage media
Claim 1
A cloud service for a cross reality system, the service comprising:
computer storage media storing:
a database of maps;
a plurality of types of location metadata associated with maps of the database,
the plurality of types of location metadata comprising wireless fingerprints and geo-location information;
one or more computing devices configured for network communication with a plurality of portable electronic devices, the one or more computing devices comprising non-transitory computer-readable media comprising computer-executable instructions that, when executed perform a method comprising:
receiving, from a portable electronic device of the plurality of portable electronic devices, a communication comprising position information for the device and location metadata;
selecting, for the communication, a type of location metadata of the plurality of types of location metadata;
selecting a set of maps from the database
Claim 5
he comparing comprises attempting to localize the device to a map of the set; and
the method further comprises, based on successfully
localizing the device to a location in a stored map, transmitting to the device geo-location information derived from location metadata stored in association with the location in the stored map.
based on the received location metadata and the selected type of location metadata associated with maps of the database; and
comparing the received position information to maps of the set.
Claim 2. The service of claim 1, wherein the plurality of types of location metadata include one or more of:
global positioning system (GPS) metadata;
wireless fingerprints; and
prior localization information.
Claim 1
the plurality of types of location metadata comprising wireless fingerprints and geo-location information;
Claim 10
The portable electronic device of claim 9, wherein the location metadata includes prior localization information.
Claim 3
Claim 1
Claim 9
Claim 17
Claim 17
Claim 18
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the double patenting rejections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, Qian et al (US 20190392640 A1) discloses (Qian [0068], “the device may identify or map the location of the object for future user, and then at block 1308 the device may store the virtual anchor for the object for future use along with any time-related metadata such as whether the virtual anchor is to be permanent”).
Reinhardt et al (US 20180213359 A1) discloses (Reinhardt [0098], “These map areas may be identified by matching the metadata collected to metadata previously stored in a location associated with the respective map areas, e.g. map areas that are known to be associated with one or more identified WiFi networks and Bluetooth devices.”).
However, none of the prior art of record, alone or in combination, disclose the following limitations.
receiving, from the plurality of portable electronic devices, communications comprising position information and location metadata for the plurality of portable electronic devices;
localizing each of at least some of the plurality of portable electronic devices using the device's position information and device's location metadata by:
accessing, from the computer storage media, localization metadata of one of the plurality of types of location metadata that corresponds to the device's location metadata;
Claims 2-8 are allowed for depending from claim 1.
Regarding claim 9, similar to claim 1, none of the prior art of record, alone or in combination disclose
receive, from the plurality of portable electronic devices:
information about sets of features in images captured by the plurality of portable electronic devices; and
location metadata associated with the sets of features, the location metadata comprising a plurality of types of metadata;
determine, using the information about the sets of features and the location metadata associated with the sets of features, at least one transform for each of the plurality of portable electronic devices based on a type of location metadata obtained from the portable electronic device to obtain a plurality of transforms;
Claims 10-17 are allowed for depending from claim 9.
Regarding claim 18, similar to claim 1, none of the prior art of record, alone or in combination disclose
generate second location metadata indicative of a second physical location of the second portable electronic device, the second location metadata associated with a second set of features, wherein the second location metadata is a different type of metadata than the first location metadata;
communicate over the network, to the localization service:
information about the second set of features, and
the second location metadata associated with the second set of features; and
receive, from the localization service, a second transform relating a local coordinate frame of the second portable electronic device to the coordinate frame of the map.
Claims 19-20 are allowed for depending from claim 18.
Conclusion
See the notice of references cited (PTO-892) for prior art made of record, including art that is not relied upon but considered pertinent to applicant's disclosure.
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/JITESH PATEL/Primary Examiner, Art Unit 2612
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