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 .
DETAILED ACTION
Claims 1–18 have been submitted for examination.
Claims 1–18 have been examined and rejected.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1–18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–19 of U.S. Patent No. 12,322,139.
US 19/225,361 Claim 1
US 12,322,139 Claim 10
A method for calibrating an imaging system comprising a first imaging device and a second imaging device, the method comprising:
A method for calibrating a nodal camera system, the method comprising:
determining an initial calibration of the nodal camera system, wherein the nodal camera system comprises a camera, a LIDAR scanner, and a rig, wherein the camera and LIDAR scanner are configured to be mounted on the rig at a same position;
acquiring first data from the first imaging device and second data from the second imaging device;
acquiring a camera image and LIDAR data of an object or a scene;
partitioning each of the first data and the second data into a plurality of cells that are registered using a shared coordinate system;
partitioning each of the camera image and the LIDAR data into a plurality of cells;
mapping cells of the camera image with cells of the LIDAR data using parameters from the initial calibration;
identifying edges in the first data and the second data in each of the plurality of cells;
detecting edges in the camera image and the LIDAR data;
calculating a set of offset vectors comprising offset values between each of the edges in the first data and the second data for each of the plurality of cells; and
calculating offset vectors for the detected edges in each of the mapped cells; and
determining new calibration parameters for the imaging system using the set of offset vectors.
determining calibration parameters for the nodal camera system based on the calculated offset vectors.
Claims 1 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,322,139. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1 and 10 are anticipated by the conflicting patented claim 10 as shown in the table above. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Instant dependent claims 2–9, and 11–18 contain similar limitations as patented dependent claims 2–9, and 11–18 and are rejected for similar reasons as independent claims 1, and 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL B PIERORAZIO whose telephone number is (571)270-3679. The examiner can normally be reached on Monday - Thursday, 8am - 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached on 5712704195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL B. PIERORAZIO/Primary Examiner, Art Unit 2426
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