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.
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 12,327,309. Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 of the instant application and Claim 1 of U.S. Patent No. 12,327,309 are very similar, because both Claim 1 of the instant application and Claim 1 of U.S. Patent No. 12,327,309 are claiming same claim subject matters.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
In Claim 1 of the instant application discloses " Claim 1. An object dimensioning system for a predetermined area comprising: a plurality of sensors comprising: a first sensor arranged at a first location of the predetermined area and configured to capture first object feature data corresponding to one or more first features of an object as the object moves through the predetermined area within a first sensing area of the first sensor; and a second sensor arranged at a second location of the predetermined arca; and control circuitry configured to: receive location data of the object from a tracking device corresponding to the object; receive the first object feature data; determine a shape, volume, orientation, or area of one or more surfaces of the object; determine a predicted path of the object based on the location data and the first object feature data to determine one or more pending arrival locations of the object; and in response to determining that at least one of the one or more pending arrival locations are within a second sensing area of the second sensor, send an alert signal to the second sensor.”,
while in the patent Claim 1 of the patent discloses " Claim 1. An object dimensioning system for a predetermined area comprising: a first sensor arranged at a first location of the predetermined area and configured to capture first data corresponding to one or more first features of the object as the object moves through the predetermined area; a second sensor arranged at a second location of the predetermined area and configured to capture second data corresponding to one or more second features of the object; a third sensor arranged at a third location of the predetermined area; and control circuitry configured to: receive location data of the object from a tracking device corresponding to the
object; receive the first and second data corresponding to the first and second one or more features, respectively; convert the first and second data into first and second dimensions, respectively, corresponding to one or more surfaces of the object; determine a shape, volume, orientation, or area of the one or more surfaces of the object corresponding to the first and second dimensions; determine a predicted path of the object based on the location data, the first data, the second data, or any combination thereof to determine one or more pending arrival locations of the object; and upon determining that at least one of the one or more pending arrival locations are within a sensing area of the third sensor, sending an alert signal to the third sensor.”.
From this comparison it shows that the present application discloses the similar/same/identical limitations with terminology, both method/system/apparatus claim
discloses with broader or same but not narrow means as specially in present claim does not further define the method/system/apparatus while similar/same/identical limitations patented in
claim and with the rest limitation of Claim 1 is similar/same/identical to the patent Claim 1 limitations.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed features of claims 1-20 are similar to the patented features of parent case.
The instant Application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof. Although the conflicting claims are not identical, they are not patentability distinct from each other because the instant Application claim is generic to all that is recited in the above patent claim. The more specific anticipates the broader (see In re Goodman - 29 USPQ2d 2010), also see Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2d, 1869 and Miller v. Eagle Mfg. Co., 151 U.S. 186 1894). Therefore, the instant claim is anticipated by the above patent claim.
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,327,309. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is ‘anticipated’ by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sajjan et al (US 20240378875 A1) teaches the systems and methods are disclosed that use data pipelines to process sensor data generated using different types of sensors (e.g., image sensors, RADAR sensors, LiDAR sensors, etc.) in order to generate first data representing information associated with objects surrounding a vehicle. For instance, the information may represent values for parameters associated with the objects, such as locations of the objects, dimensions of the objects, velocities of the objects, orientations of the objects, classifications of the objects, and/or any of parameters. The systems and methods may then process the first data using one or more machine learning models (e.g., one or more deep neural networks) that are trained to fuse the information (e.g., the parameters) and output second data representing final information associated with the objects. The fused output may then be used to perform downstream operations. (Paragraph 0034-0044).
ADE (US 20260227168 A1) teaches a method for generating a shape measurement program for measuring the shape of a workpiece, the method comprising the steps: scanning a measurement space of a shape measurement system with a movable and/or mobile scanning device comprising an imaging device, such as a camera, to obtain scanning data; recognizing at least one workpiece in the measurement space by analyzing the scanning data; detecting a position and/or orientation of the at least one workpiece in the measurement space; and generating a shape measurement program including a collision free movement path for a measuring probe of the shape measurement system for measuring the shape of the at least one workpiece. (Paragraph 0109-0120).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIJAY SHANKAR whose telephone number is (571)272-7682. The examiner can normally be reached M-F 9 am- 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Eason can be reached at 571-270-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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VIJAY SHANKAR
Primary Examiner
Art Unit 2624
/VIJAY SHANKAR/Primary Examiner, Art Unit 2624
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