Prosecution Insights
Last updated: July 05, 2026
Application No. 19/297,635

POSITION POLICY DETERMINATION FOR UNDERWATER CAMERA POSITIONING IN AN AQUACULTURE ENVIRONMENT

Non-Final OA §DP
Filed
Aug 12, 2025
Priority
Oct 17, 2023 — continuation of 12/418,721
Examiner
BROWN JR, HOWARD D
Art Unit
Tech Center
Assignee
Aquabyte, Inc.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
583 granted / 663 resolved
+27.9% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
25 currently pending
Career history
678
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
67.3%
+27.3% vs TC avg
§102
12.1%
-27.9% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 663 resolved cases

Office Action

§DP
DETAILED ACTION 1. This Office Action is sent in response to Applicant’s communication received on 08/12/2025 for application number 19/297,635. The Office herby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims. Notice of Pre-AIA or AIA Status 2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Double Patenting 3. 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). 4. 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). 5. 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. 6. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,418,721. Although the claims at issue are not identical, they are not patentably distinct from each other: Table 1 shows comparison between the instant claims and the U.S. Patent 12,418,721 B1 claims. Application 19297635: 1. A computer-implemented method comprising: receiving result data for camera positioning actions taken as a set of camera positioning action result data for an underwater camera in an aquaculture environment; determining a new camera positioning action choice policy for the underwater camera based at least in part on (1) the set of camera positioning action result data, and (2) a previous version of the camera positioning action choice policy; determining a camera positioning action to take based at least in part on the new camera positioning action choice policy; and providing the camera positioning action to be taken. Patent No.: 12,418,721 1. A computer-implemented method for camera positioning action choice policy determination for positioning an underwater camera in an aquaculture environment, the method performed by one or more computing devices, the method comprising: receiving result data for camera positioning actions taken as a first set of camera positioning action result data, wherein the camera positioning actions were chosen based on a previous version of a camera positioning action choice policy, and wherein the previous version of the camera positioning action choice policy was determined at least in part based on a previous set of result data for a previous set of camera positioning actions taken; determining a new camera positioning action choice policy based at least in part on (1) the first set of camera positioning action result data, and (2) one or more of the previous set of result data for the previous set of camera positioning actions taken or the previous version of the camera positioning action choice policy; receiving a request to choose a camera positioning action from among camera positioning actions in the new camera positioning action choice policy; determining a particular camera positioning action to take based at least in part on the new camera positioning action choice policy; and providing the particular camera positioning action to be taken in response to the request. 2. The computer-implemented method of claim 1, further comprising: performing the determined camera positioning action. 2. The computer-implemented method of claim 1, further comprising performing a camera positioning action of the determined particular camera positioning action. 3. The computer-implemented method of claim 1, further comprising: receiving multiple requests wherein each request of the multiple requests is for choice of camera positioning action to be taken; and determining one or more corresponding camera positioning actions to be taken in response to each request, of the multiple requests, based at least in part on the new camera positioning action choice policy. 3. The computer-implemented method of claim 1, further comprising: receiving multiple requests wherein each request of the multiple requests is for choice of camera positioning action to be taken; and determining one or more corresponding camera positioning arm actions to be taken in response to each request, of the multiple requests, based at least in part on the new camera positioning action choice policy. 4. The computer-implemented method of claim 1, wherein determining the camera positioning action includes using statistical variance within the new camera positioning action choice policy. 4. The computer-implemented method of claim 1, wherein determining the particular camera positioning action to be taken based at least in part of the new camera positioning action choice policy comprises using statistical variance in the new camera positioning action choice policy during the determining. 5. The computer-implemented method of claim 1, further comprising: receiving reward data for a camera positioning action, wherein the reward data was determined based on passage of a timeout period after the camera positioning action was taken. 5. The computer-implemented method of claim 1, wherein receiving reward data for camera positioning actions taken comprises receiving first reward data for a first camera positioning action, wherein the first reward data was determined based on passage of a particular timeout period after the first camera positioning action was taken. 6. The computer-implemented method of claim 1, further comprising: determining multiple, ranked camera positioning actions to take in response to receiving a request to choose a camera positioning action. 6. The computer-implemented method of claim 1, further comprising determining multiple, ranked camera positioning actions to take in response to the received request. 7. The computer-implemented method of claim 6, further comprising: choosing which camera positioning action to take based at least in part on ranking of the multiple, ranked camera positioning actions. 7. The computer-implemented method of claim 6, further comprising: choosing which camera positioning action to take based at least in part on ranking of the multiple, ranked camera positioning actions. 8. The computer-implemented method of claim 1, wherein: a set of camera positioning action-result data comprises context data for the camera positioning actions taken; and the new camera positioning action choice policy is determined based at least in part on the set of camera positioning action-result data that includes the context data for the camera positioning actions taken. 8. The computer-implemented method of claim 1, wherein: the set of camera positioning action-result data comprises first context data for the camera positioning actions taken; and the new camera positioning action choice policy is determined based at least in part on the first set of camera positioning action-result data that includes the first context data for the camera positioning actions taken. 9. A system comprising: one or more computing devices; and memory storing instructions which, when executed by the one or more computing devices, cause the system to: receive result data for camera positioning actions taken as a set of camera positioning action result data for an underwater camera in an aquaculture environment; determine a new camera positioning action choice policy for the underwater camera based at least in part on (1) the set of camera positioning action result data, and (2) a previous version of the camera positioning action choice policy; determine a camera positioning action to take based at least in part on the new camera positioning action choice policy; and provide the camera positioning action to be taken. 9. A system for camera positioning action choice policy determination for positioning an underwater camera in an aquaculture environment, the system comprising: one or more computing devices; memory; instructions, stored in the memory, and which when executed by the system, cause the system to perform: receiving result data for camera positioning actions taken as a first set of camera positioning action result data, wherein the camera positioning actions were chosen based on a previous version of a camera positioning action choice policy, and wherein the previous version of the camera positioning action choice policy was determined at least in part based on a previous set of result data for a previous set of camera positioning actions taken; determining a new camera positioning action choice policy based at least in part on (1) the first set of camera positioning action result data, and (2) one or more of the previous set of result data for the previous set of camera positioning actions taken or the previous version of the camera positioning action choice policy; receiving a request to choose a camera positioning action from among camera positioning actions in the new camera positioning action choice policy; determining a particular camera positioning action to take based at least in part on the new camera positioning action choice policy; and providing the particular camera positioning action to be taken in response to the request. 10. The system of claim 9, wherein the instructions further cause the system to: performing the determined camera positioning action. 10. The system of claim 9, wherein the instructions further cause the system to: performing the determined camera positioning action. 11. The system of claim 9, further comprising instructions, stored in the memory, and which when executed by the system, cause the system to: receive multiple requests wherein each request of the multiple requests is for choice of camera positioning action to be taken; and determine one or more corresponding camera positioning actions to be taken in response to each request, of the multiple requests, based at least in part on the new camera positioning action choice policy. 11. The system of claim 9, further comprising instructions, stored in the memory, and which when executed by the system, cause the system to perform: receiving multiple requests wherein each request of the multiple requests is for choice of camera positioning action to be taken; and determining one or more corresponding camera positioning arm actions to be taken in response to each request, of the multiple requests, based at least in part on the new camera positioning action choice policy. 12. The system of claim 9, wherein determining the camera positioning action includes using statistical variance within the new camera positioning action choice policy. 12. The system of claim 9, wherein determining the particular camera positioning action to be taken based at least in part of the new camera positioning action choice policy comprises using statistical variance in the new camera positioning action choice policy during the determining. 13. The system of claim 9, wherein the instructions further cause the system to: receive reward data for a camera positioning action, wherein the reward data was determined based on passage of a timeout period after the camera positioning action was taken. 13. The system of claim 9, wherein receiving reward data for camera positioning actions taken comprises receiving first reward data for a first camera positioning action, wherein the first reward data was determined based on passage of a particular timeout period after the first camera positioning action was taken. 14. The system of claim 9, wherein the instructions further cause the system to: determine multiple, ranked camera positioning actions to take in response to receiving a request to choose a camera positioning action. 14. The system of claim 9, further comprising instructions, stored in the memory, and which when executed by the system, cause the system to perform: determining multiple, ranked camera positioning actions to take in response to the received request. 15. The system of claim 14, wherein the instructions further cause the system to: choose which camera positioning action to take based at least in part on ranking of the multiple, ranked camera positioning actions. 15. The system of claim 14, further comprising instructions, stored in the memory, and which when executed by the system, cause the system to perform choosing which camera positioning action to take based at least in part on ranking of the multiple, ranked camera positioning actions. 16. The system of claim 9, wherein: a set of camera positioning action-result data comprises context data for the camera positioning actions taken; and the new camera positioning action choice policy is determined based at least in part on the set of camera positioning action-result data that includes the context data for the camera positioning actions taken. 16. The system of claim 9, wherein: the set of camera positioning action-result data comprises first context data for the camera positioning actions taken; and the new camera positioning action choice policy is determined based at least in part on the first set of camera positioning action-result data that includes the first context data for the camera positioning actions taken. 17. A non-transitory computer-readable medium storing instructions that, when executed by a processing device, cause the processing device to: receive result data for camera positioning actions taken as a set of camera positioning action result data for an underwater camera in an aquaculture environment; determine a new camera positioning action choice policy for the underwater camera based at least in part on (1) the set of camera positioning action result data, and (2) a previous version of the camera positioning action choice policy; determine a camera positioning action to take based at least in part on the new camera positioning action choice policy; and provide the camera positioning action to be taken. 17. One or more non-transitory computer-readable media storing instructions for camera positioning action choice policy determination for positioning an underwater camera in an aquaculture environment, the instructions, when executed by a set of one or more programmable electronic devices, cause the set of one or more programmable electronic devices to perform: receiving result data for camera positioning actions taken as a first set of camera positioning action result data, wherein the camera positioning actions were chosen based on a previous version of a camera positioning action choice policy, and wherein the previous version of the camera positioning action choice policy was determined at least in part based on a previous set of result data for a previous set of camera positioning actions taken; determining a new camera positioning action choice policy based at least in part on (1) the first set of camera positioning action result data, and (2) one or more of the previous set of result data for the previous set of camera positioning actions taken or the previous version of the camera positioning action choice policy; receiving a request to choose a camera positioning action from among camera positioning actions in the new camera positioning action choice policy; determining a particular camera positioning action to take based at least in part on the new camera positioning action choice policy; and providing the particular camera positioning action to be taken in response to the request. 18. The non-transitory computer-readable medium of claim 17, wherein the processing device is further to: perform the determined camera positioning action. 18. The one or more non-transitory computer-readable media of claim 17, wherein the instructions, when executed by the set of one or more programmable electronic devices, further cause the set of one or more programmable electronic devices to perform performing a camera positioning action of the determined particular camera positioning action. 19. The non-transitory computer-readable medium of claim 17, wherein the processing device is further to: receive multiple requests wherein each request of the multiple requests is for choice of camera positioning action to be taken; and determine one or more corresponding camera positioning actions to be taken in response to each request, of the multiple requests, based at least in part on the new camera positioning action choice policy. 19. The one or more non-transitory computer-readable media of claim 17, wherein the instructions, when executed by the set of one or more programmable electronic devices, further cause the set of one or more programmable electronic devices to perform: receiving multiple requests wherein each request of the multiple requests is for choice of camera positioning action to be taken; and determining one or more corresponding camera positioning arm actions to be taken in response to each request, of the multiple requests, based at least in part on the new camera positioning action choice policy. 20. The non-transitory computer-readable medium of claim 17, wherein determining the camera positioning action includes using statistical variance within the new camera positioning action choice policy. 20. The one or more non-transitory computer-readable media of claim 17, wherein the instructions, when executed by the set of one or more programmable electronic devices, further cause the set of one or more programmable electronic devices to perform: using statistical variance to determine the new camera positioning action choice policy. Allowable Subject Matter 7. Claims 1-20 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sathyanarayanan Perungavoor can be reached at 5712727455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. HOWARD D. BROWN JR Primary Examiner Art Unit 2488 /HOWARD D BROWN JR/Examiner, Art Unit 2488
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Prosecution Timeline

Aug 12, 2025
Application Filed
Jun 23, 2026
Non-Final Rejection mailed — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
95%
With Interview (+6.8%)
2y 1m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 663 resolved cases by this examiner. Grant probability derived from career allowance rate.

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