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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
Examiner’s note
Claims 3 and 12 recite the phrase “substantially-real time”. The phrase is considered definite as applicant defined term “substantially” in the specification. See Specification: “[0033] “….. Unless otherwise stated, “about,” “approximately,” or “substantially” preceding a value means+/−10 percent of the stated value or reference”.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/08/2024 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3 and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kocienda (US Patent No. 9080885 “Kocienda”).
Regarding claim 1, Kocienda teaches, An apparatus (Fig. 1A), comprising:
a memory storing computer executable instructions for implementing a spatially aware computing scheme; and a processor coupled to the memory and configured to execute the executable instructions (“Col 9 lines 62-65 “Peripherals interface 118 can be used to couple input and output peripherals of the device to CPU 120 and memory 102. The one or more processors 120 run or execute various software programs and/or sets of instructions stored in memory 102 to perform various functions for device 100 and to process data. Col 44 lines 3-5: In one embodiment, computer system 9900 includes one or more processors 9360a-9360n coupled to system memory 9370 via input/output (I/O) interface 9380”) to:
access a three-dimensional (3D) spatial map that comprises a plurality of meshes defined according to spatial data to form a 3D digital representation of a physical environment (Col 4 lines 26-34 “In some embodiments, a map tool, given an indication to display designations of points of interest in the display of a map view, may determine which points of interest to select for which to display designations of points of interest. For example, the map tool may determine that three points of interest may possibly be displayed in a current map view. For example, points of interest corresponding to designations 506, 508, and 510 in FIG. 5A.
Col 41 Lines 44-47 “The map tool may also receive or request three-dimensional mapping information for the map region, such as mesh data from Map Service 380, where the three-dimensional mapping information includes multiple height values corresponding to one or more locations in the map” This map data is based on one or more location which is the spatial data.);
display the 3D spatial map by rendering at least some of the plurality of meshes in a Bird's Eye View orientation (Col 38 lines 1-3 “In some embodiments, the map view provides a user with a bird's eye virtual camera view with photographic detail of the surrounding environment”);
and receive a manipulation to the spatial data while displaying the 3D spatial map in the Bird's Eye View orientation (Col 3 lines 14-17 “The possible map views may be results of user interactions with a map tool, for example, a user may zoom in or out of a map view, or pan in any direction, rotate a map view, or for three-dimensional map view, tilt a map view”). the manipulation modifies the spatial data of the 3D spatial map that is rendered and displayed in the Bird’s Eye View orientation, ((column 42 Lines 55-64) In such a case, the map view may be updated based on a combination of an already computed three-dimensional model augmented with computed model information for the new area displayed in the map as a result of the change in location. In this way, in this case, a complete recalculation of the 3D model is avoided, and only the area of the map that is new is used to augment the already generated 3D model.” “Col 4 Lines 11-17 “ The generated three-dimensional model may then serve as the basis for the generation of a display of the map area such as the map view in FIG. 5A. In some cases, the three-dimensional model may be augmented to include additional details, such as texture and shading for one or more objects within the three-dimensional model, or doors or windows or outlines of doors or windows”).”
wherein the apparatus is not located in the physical environment, (Col 26 Lines 56-58: “Devices 352a, 352b, and 352c can communicate with map service 380 over the one or more wire and/or wireless networks, 360 or 362. For example, map service 380 can provide a map service data to rendering devices 352a, 352b, and 352c”. As client device 352c is a desktop computer and gets data from map service tool, so the device is not located in physical environment). and
wherein a change to the 3D spatial map implemented by a second apparatus is viewable by the apparatus in substantially real-time. (Col 38 Lines 23-25: “In some cases, a user may manipulate a given map view such as through input indicating to the map tool to display a different virtual camera perspective of the map view.
Col 22 Lines 25-40: real-time navigation data (e.g., turn-by-turn visual navigation data in two or three dimensions), location data (e.g., where is the client device currently located), and other geographic data (e.g., wireless network coverage, weather, traffic information, or nearby points-of-interest). ……..Client devices 352a-352c may implement various techniques to process map service data. Client devices 352a-352c may then provide map services to various entities, including, but not limited to, users, internal software or hardware modules, and/or other systems or devices external to the client devices 352a-352c” Any client device can change the map and the update is viewable by other client device ).
Regarding claim 9 Kocienda teaches An apparatus (Fig. 1A), comprising:
a memory storing computer executable instructions for implementing a spatially aware computing scheme; and a processor coupled to the memory and configured to execute the executable instructions (“Col 9 lines 62-65 “Peripherals interface 118 can be used to couple input and output peripherals of the device to CPU 120 and memory 102. The one or more processors 120 run or execute various software programs and/or sets of instructions stored in memory 102 to perform various functions for device 100 and to process data. Col 44 lines 3-5: In one embodiment, computer system 9900 includes one or more processors 9360a-9360n coupled to system memory 9370 via input/output (I/O) interface 9380”) to:
access a three-dimensional (3D) spatial map that comprises a plurality of meshes to form a 3D digital representation of a physical environment(Col 4 lines 26-34 “In some embodiments, a map tool, given an indication to display designations of points of interest in the display of a map view, may determine which points of interest to select for which to display designations of points of interest. For example, the map tool may determine that three points of interest may possibly be displayed in a current map view. For example, points of interest corresponding to designations 506, 508, and 510 in FIG. 5A.
Col 41 Lines 44-47 “The map tool may also receive or request three-dimensional mapping information for the map region, such as mesh data from Map Service 380, where the three-dimensional mapping information includes multiple height values corresponding to one or more locations in the map”);
display the 3D spatial map in a Bird's Eye View orientation (Col 38 lines 1-3 “In some embodiments, the map view provides a user with a bird's eye virtual camera view with photographic detail of the surrounding environment”);
and display visual indicators in the 3D spatial map corresponding to positions of one or more user devices in the physical environment (Col 28 Lines 63-65 “ Map 314 may include a graphical position indicator 316, which may represent the location of the mobile device within the geographic region of the map”).
wherein responsive to a change implemented to data of the 3D spatial map by a second apparatus selected from among the one or more user devices and different from the apparatus, the apparatus displays a changed 3d spatial map based on the change implemented to the data of 3D spatial map in substantially real-time. (Col 38 Lines 23-25: “In some cases, a user may manipulate a given map view such as through input indicating to the map tool to display a different virtual camera perspective of the map view.
Column 42 Lines 55-64: In such a case, the map view may be updated based on a combination of an already computed three-dimensional model augmented with computed model information for the new area displayed in the map as a result of the change in location. In this way, in this case, a complete recalculation of the 3D model is avoided, and only the area of the map that is new is used to augment the already generated 3D model.” “Col 4 Lines 11-17 “ The generated three-dimensional model may then serve as the basis for the generation of a display of the map area such as the map view in FIG. 5A. In some cases, the three-dimensional model may be augmented to include additional details, such as texture and shading for one or more objects within the three-dimensional model, or doors or windows or outlines of doors or windows”).”
Col 22 Lines 25-40: real-time navigation data (e.g., turn-by-turn visual navigation data in two or three dimensions), location data (e.g., where is the client device currently located), and other geographic data (e.g., wireless network coverage, weather, traffic information, or nearby points-of-interest). ……..Client devices 352a-352c may implement various techniques to process map service data. Client devices 352a-352c may then provide map services to various entities, including, but not limited to, users, internal software or hardware modules, and/or other systems or devices external to the client devices 352a-352c” Any client device can change the map and the update is viewable by other client device ).
Regarding claim 3 Kocienda teaches wherein a second manipulation is performed to the 3D spatial map by the apparatus and viewable by the second apparatus in substantially real-time (Col 38 Lines 23-25: “In some cases, a user may manipulate a given map view such as through input indicating to the map tool to display a different virtual camera perspective of the map view.
Col 22 Lines 25-40: real-time navigation data (e.g., turn-by-turn visual navigation data in two or three dimensions), location data (e.g., where is the client device currently located), and other geographic data (e.g., wireless network coverage, weather, traffic information, or nearby points-of-interest). ……..Client devices 352a-352c may implement various techniques to process map service data. Client devices 352a-352c may then provide map services to various entities, including, but not limited to, users, internal software or hardware modules, and/or other systems or devices external to the client devices 352a-352c” Any client device can change the map and the update is viewable by other client device ).
Regarding claim 6 Kocienda teaches wherein the manipulation comprises a change to at least one of the plurality of meshes. Col 41 Lines 44-47 “The map tool may also receive or request three-dimensional mapping information for the map region, such as mesh data from Map Service 380, where the three-dimensional mapping information includes multiple height values corresponding to one or more locations in the map. Col 3 lines 14-17 “The possible map views may be results of user interactions with a map tool, for example, a user may zoom in or out of a map view, or pan in any direction, rotate a map view, or for three-dimensional map view, tilt a map view”.
As map data has mesh, so zooming in/out to map means zooming in/out of mesh).
Regarding claim 7 Kocienda teaches wherein the manipulation comprises a modification to digital content placed in the 3D spatial map (Col 4 Lines 11-17 “ The generated three-dimensional model may then serve as the basis for the generation of a display of the map area such as the map view in FIG. 5A. In some cases, the three-dimensional model may be augmented to include additional details, such as texture and shading for one or more objects within the three-dimensional model, or doors or windows or outlines of doors or windows”).
Regarding claim 8 Kocienda teaches wherein the manipulation comprises insertion of digital content into the 3D spatial map (Col 4 Lines 11-17 “ The generated three-dimensional model may then serve as the basis for the generation of a display of the map area such as the map view in FIG. 5A. In some cases, the three-dimensional model may be augmented to include additional details, such as texture and shading for one or more objects within the three-dimensional model, or doors or windows or outlines of doors or windows”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kocienda in view of Pahud et al. (US Pat. Pub. No. 20180365897, “Pahud”).
Regarding claim 5 Kocienda is silent about wherein the 3D spatial map is created by a second apparatus that scans the physical environment to form the 3D spatial map.
Pahud teaches 3D spatial map is created by a second apparatus that scans the physical environment to form the 3D spatial map ([0019] “According to some aspects of the technology described herein, wearable display devices, for example head-mounted display (HMD) devices or HMDs, can be equipped with one or more optical input devices (e.g. a camera) to enable accumulation of three-dimensional data (e.g. 3D maps, depth maps) representing the geometry of a user's environment. [0041] Turning now to FIGS. 3A-3E, schematics of exemplary implementations of virtually representing real-world spaces and objects in an augmented reality environment are provided. At 300A of FIG. 3A, a user 310 at a first location scans the surrounding physical environment (e.g., source environment) to acquire and/or generate one or more collections of three-dimensional datasets, where the datasets correspond to at least a portion of a physical environment at the first location”.
Kocienda and Pahud are analogous art as both of them are related to Processing map view with AR.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Kocienda by having 3D spatial map that is created by a second apparatus that scans the physical environment to form the 3D spatial map as taught by Pahud.
The motivation for the above is to have additional source of real-time map data.
Claim(s) 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kocienda in view of Chachek et al. (US Pat. Pub. No. 20200302510, “Chachek”).
Regarding claim 10 Kocienda is silent about wherein the positions include location and orientation information.
Chachek teaches positions include location and orientation information (“[0141] “Some embodiments may further perform placement of ads on AR/VR/POV/3d map of a venue, near a relevant product shelf as it is shown in real life. [0083] Reference is made to FIG. 6, which is an illustration of an Augmented Reality (AR) image 600 or frame, which may be generated and/or utilized in accordance with some demonstrative embodiments of the present invention. As the user holds his device and aims the camera towards a corridor in the store, the relevant mapping and navigation modules of the system determine the walking route to the desired product destination, and generate and display on the user device an overlay AR element, or a set of AR elements, indicating the walking path; such as, arrows on the floor or near the ceiling in the image, or asterisk characters (as demonstrated), or an animated avatar or character that virtually walks or runs or flies through the aisle towards the destination, or other AR-based content”. Here asterisk shows walking path of a user with a device and this will give position and orientation information).
Kocienda and Chachek are analogous art as both of them are related to Processing map view with AR.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Kocienda by having positions including location and orientation information as taught by Chachek.
The motivation for the above is to display precise position and direction of the user in the map.
Regarding claim 11 Kocienda is silent about wherein the physical environment is a retail environment and the visual indicators are representative of at least some customers present in the retail environment.
Chachek teaches physical environment is a retail environment and the visual indicators are representative of at least some customers present in the retail environment (“[0055] In a demonstrative embodiment, a plurality of users (e.g., customers in a retail store) hold and operate a respective plurality of end-user devices”);
Kocienda and Chachek are analogous art as both of them are related to Processing map view with AR.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Kocienda by having physical environment as a retail environment and the visual indicators are representative of at least some customers present in the retail environment as taught by Chachek.
The motivation for the above is to extend the application of Kocienda in retail environment.
Regarding claim 12 Kocienda modified by Chachek teaches wherein the visual indicators are presented and updated in substantially real-time[0083] Reference is made to FIG. 6, which is an illustration of an Augmented Reality (AR) image 600 or frame, which may be generated and/or utilized in accordance with some demonstrative embodiments of the present invention. As the user holds his device and aims the camera towards a corridor in the store, the relevant mapping and navigation modules of the system determine the walking route to the desired product destination, and generate and display on the user device an overlay AR element, or a set of AR elements, indicating the walking path; such as, arrows on the floor or near the ceiling in the image, or asterisk characters (as demonstrated), or an animated avatar or character that virtually walks or runs or flies through the aisle towards the destination, or other AR-based content”. Here asterisk is presented and updated in real time to show user’s walking path).
Regarding claim 13 Kocienda modified by Chachek teaches wherein the processor is further configured to display digital content in the Bird's Eye View of the 3D spatial map, the digital content representative of augmented reality content viewable by the customers (Kocienda Col 38 lines 1-3 “In some embodiments, the map view provides a user with a bird's eye virtual camera view with photographic detail of the surrounding environment.
Col 40 Lines 14-17: In some cases, the three-dimensional model may be augmented to include additional details, such as texture and shading for one or more objects within the three-dimensional model, or doors or windows or outlines of doors or windows”).
Regarding claim 14 Kocienda modified by Chachek teaches at least some of the augmented reality content is capable of being interacted with by the customers (Chachek [0127] “Similarly, a Virtual Stand or a Virtual Sales Associate or a Virtual Assistant or a Virtual Advisor or a Virtual Shopping Assistant or a Volumetric Personal Sales Assistant may be generated and provided to the user as an AR element, via the Virtual Selling Point Generator 125 or other suitable unit; such as, to enable e-commerce sales for multiple applications, or to interact with the user in an organic way and to provide the user with more information about brand products and content around the consumer”).
Regarding claim 15 Kocienda modified by Chachek teaches wherein the interaction is an element of a sales transaction (Kocienda [0124] “…. Accordingly, the system of the present invention allows brands to promote their products directly to their target market segment(s), and/or to actual consumers that are about to perform a real-life purchase in a brick-and-mortar store and can be guided towards buying a particular product; [0087] In another example, a “Navigate-to-List” Module 112 enables a user to request turn-by-turn navigation directions and/or AR-based navigation directions, in order to visit the real-life locations of multiple products that are on a List of the user; such as, a wish list of products, a previous Order that the user placed online or offline, a list of Favorite products that he pre-selected, a list of products that share a common characteristic (e.g., “all products that are currently on sale of at least 40% discount”).
Regarding claim 16 Kocienda modified by Chachek teaches wherein the digital content is editable while viewed in the Bird's Eye View of the 3D spatial content (Kocienda Col 25 Lines 13-16 “ A client device may display map image data that reflects the current location of the client device and update the map image data in real-time. A navigation system may provide auditory or visual directions to follow a certain route”).
Claim(s) 17-18 are rejected under 35 U.S.C. 103) as being unpatentable over Yeung et al. (US Patent No. 10665029, “Yeung”) in view of Price (US 20180120829, “Price”).
Regarding claim 17 Yeung teaches An apparatus (Fig. 1), comprising: a memory storing computer executable instructions for implementing a spatially aware computing scheme (Col 3 lines 30-34 “The memory 120 generally includes program code for performing various functions related providing an AR experience to a user. The program code is generally described as various functional “applications” or “modules” within the memory 120.
Col 5 lines 51-53: For example, a first user may control a “drone” as a remote video device 200, which provides a video feed from the perspective of the drone to the user via output on an AR device 100”);
and a processor coupled to the memory and configured to execute the executable instructions (Col 3 lines 20-26 “The processor 110 and the memory 120 provide computing functionality to the AR device 100. The memory 120 may be one or more memory devices, such as, for example, Random Access Memory (RAM), Read Only Memory (ROM), flash memory, or any other type of volatile or non-volatile storage medium that includes instructions that the processor 110 may execute. The processor 110, which may be any computer processor capable of performing the functions described herein, executes commands based on inputs received from the input controls 130”) to:
access a three-dimensional (3D) spatial map that comprises a plurality of meshes defined according to spatial data to form a 3D digital representation of a physical environment ( 3d spatial map 122 is the reconciled map which is shown in Fig. 7 and element 122d provides the location of a drone. Col 4 lines 3-5 “In various embodiments, the environmental map 122 is a three dimensional mesh image of the environment (and objects therein)”) that includes a specially-aware device ((Col 14 Lines 14-16: “The fourth environmental map 122d includes the locations for a building (twelfth real-word object 710l) and a drone (thirteenth real-world object 710m).
display the 3D spatial map by rendering at least some of the plurality of meshes in a Bird's Eye View orientation (Col 16 lines 65-67 “ For example, the third remote video device 200c produces a third environmental map 122c from a birds-eye-view, and may include a mesh for the real-world object 810”);
Yeung doesn’t expressly teach, receive, via user interaction with the displayed 3D spatial map, a control input for the spatially-aware device represented in the 3D spatial map;
However, Price teaches, receive, via user interaction with the displayed spatial map, a control input for the spatially-aware device represented in the spatial map; ([004]…” receive UAV data from plural UAVs; display representations of the plural UAVs on a map of a user interface; receive a user selection of one of the representations of the plural UAVs on the map, the user selection defining a selected UAV that is one of the plural UAVs; receive a user input to control the selected UAV; and transmit a control signal that is authenticated by a digital signature to the selected UAV based on the received user input.”)
Yeung and Price are analogous as they are from the field of control of devices using map.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Yeung to have included receiving via user interaction with the displayed 3D spatial map, a control input for the spatially-aware device represented in the 3D spatial map similar to receive, via user interaction with the displayed spatial map, a control input for the spatially-aware device represented in the spatial map as taught by Price.
The motivation for the above is to provide user the option of controlling the spatially aware device from displayed map.
Yeung as modified by Price teaches, transmit the control input to control the spatially-aware device. (Price [004]…” receive a user input to control the selected UAV; and transmit a control signal that is authenticated by a digital signature to the selected UAV based on the received user input.”)
Regarding claim 18 Yeung as modified by Price teaches wherein the spatially-aware device is a robotic device and the control input is an action to be performed by the robotic device (Yeung, Col 14 Lines 14-16: “The fourth environmental map 122d includes the locations for a building (twelfth real-word object 710l) and a drone (thirteenth real-world object 710m).
Col 5 lines 48-52: In various embodiments, the remote video device 200 may be a device controlled by the user, autonomously controlled, or controlled by a second user that shares data with the display device of a first user. For example, a first user may control a “drone” as a remote video device 200, which provides a video feed from the perspective of the drone to the user via output on an AR device 100”).
Claim(s) 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yeung as modified by Price in view of Deyle et al. (US Patent 11433544 “Deyle”).
Regarding claim 19 Yeung as modified by Price is silent about wherein the action to be performed by the robotic device includes a drive path to be traversed by the robotic device, the drive path including a programmed path of the robotic device and a current location of the robotic device in the 3D spatial map on the programmed path.
Deyle the action to be performed by the robotic device includes a drive path to be traversed by the robotic device, the drive path including a programmed path of the robotic device and a current location of the robotic device in the 3D spatial map on the programmed path.(Col 58 Lines 14-15: “ The robot 100 can additionally plan a path through a store to scan for RFID tags based on a goal of the scan.
Col 66 Lines 20-25: FIGS. 27A and 27B illustrate an example of a mobile robot 2710 operating in a retail environment 2700, according to one embodiment. The mobile robot 2710 navigates throughout the retail environment 2700 and performs tasks within the retail environment 2700.”);
Yeung as modified by Price and Deyle are analogous art as both of them are related to processing map view with AR.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Yeung as modified by Price by having the action to be performed by the robotic device includes a drive path to be traversed by the robotic device, the drive path including a programmed path of the robotic device and a current location of the robotic device in the 3D spatial map on the programmed path as taught by Deyle.
The motivation for the above is to provide user control capability of the robotic device.
Regarding claim 20 Yeung as modified by Price is silent about wherein the apparatus is located remote to the physical environment while receiving and transmitting the control input.
Deyle teaches apparatus is located remote to the physical environment while receiving and transmitting the control input (Col 4 Lines 51-60 “The central system 210 can be a central server or other computing system configured to provide instructions to the robots, to receive information from the robots, to access data corresponding to the robots or the other components of FIG. 2, to display the received information or accessed data (for instance, to a user of the central system), to perform one or more other functions as described herein, and
to provide a communicative interface between, via the network 200, the robots and other components of FIG. 2. The central system is described in greater detail below”.
Fig. 2 shows central system, security system etc. that gives control input to robot. Also robot is in retail store. So central system is located remote);
Yeung as modified by Price and Deyle are analogous art as both of them are related to Processing map view with AR.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Yeung as modified by Price by having apparatus located remote to the physical environment while receiving and transmitting the control input as taught by Deyle.
The motivation for the above is to extend the applicability of Yeung in security system.
Response to Arguments
Applicant’s arguments, see remarks Pages 7-8, filed 06/10/2024, with respect to rejection of claim 1/9 under 35 USC 102(a)(1) have been fully considered and are not persuasive. The rejection been maintained.
Applicant argues, see remarks Page 8, In rejecting claims 1 and 9, the Office Action alleges that Kocienda discloses Applicant’s claimed manipulation at col. 3, Il. 14-17 by 7 describing “[t]he possible map views may be results of user interactions with a map tool, for example, a user may zoom in or out of a map view, or pan in any direction, rotate a map view, or for three-dimensional map view, tilt a map view.” Office Action at p. 4. At. Further, at col. 42, Il. 55- 64, Kocienda describes “the map view may be updated based on a combination of an already computed three-dimensional model augmented with computed model information for the new area displayed in the map as a result of the change in location. In this way, in this case, a complete recalculation of the 3D model is avoided, and only the area of the map that is new is used to augment the already generated 3D model.” Thus, in response to zooming in or out of a map view, panning around a map view, rotating a map view, or the like, a newly visible portion of the map is rendered and combined with an already computed three-dimensional model for the new area displayed in the map as a result of the change in location. However, neither of these is a change to the underlying spatial data upon which the map is rendered. Instead, the change is merely to the view of the map rendered based on the same underlying map data. Thus, these operations of Kocienda alter how the existing data of the map is viewed. As such, Kocienda fails to disclose Applicant’s claimed modification of spatial data based upon which the 3D spatial map is rendered, and consequently fails to anticipate independent claims 1 or 9.”
Examiner replies, Applicant is contradicting himself in the above argument. At one point applicant indicates, “a newly visible portion of the map is rendered” for the change of location. Then applicant contradicts himself by arguing “the change is merely to the view of the map rendered based on the same underlying map data.” As new data integrated for the change of location, the rendering is not based on the same underlying data.
Kocienda teaches, the manipulation modifies the spatial data of the 3D spatial map that is displayed in the Bird’s Eye View orientation, See column 42 Lines 55-64) In such a case, the map view may be updated based on a combination of an already computed three-dimensional model augmented with computed model information for the new area displayed in the map as a result of the change in location. In this way, in this case, a complete recalculation of the 3D model is avoided, and only the area of the map that is new is used to augment the already generated 3D model.” “Col 4 Lines 11-17 “ The generated three-dimensional model may then serve as the basis for the generation of a display of the map area such as the map view in FIG. 5A. In some cases, the three-dimensional model may be augmented to include additional details, such as texture and shading for one or more objects within the three-dimensional model, or doors or windows or outlines of doors or windows”.
Therefore applicant’s argument is not persuasive.
Applicant’s arguments, see remarks Page 9, filed 06/10/2024, with respect to rejection of claims 5 and 10-16 have been fully considered and are not persuasive based on the reply given above for independent claims The rejection been maintained
Applicant’s arguments, see remarks Pages 9-10, filed 06/10/2024, with respect to rejection of claim 17 under 35 USC 103 have been fully considered and are not persuasive. The rejection been maintained.
Applicant argues, see remarks Pages 9-10, “However, nothing in Price teaches or suggests a 3D spatial map, a spatially-aware device, a spatially-aware device represented in the 3D spatial map, or receipt of a control input via interaction with the 3D spatial map to control the spatially-aware device represented in the 3D spatial map. Thus, while Price does teach selection of a UAV represented in a map, this is insufficient to teach or suggest Applicant’s particular implementation of a 3D spatial map and spatially-aware device.”
Examiner replies, in response to above argument, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Here applicant tries bodily incorporate the teaching of secondary reference with the teaching of primary reference as Price has spatial map but the spatial map is not written as 3D.
However 3D spatial map is in the primary reference.
However, Price[0004] teaches, receive, via user interaction with the displayed spatial map, a control input for the spatially-aware device represented in the spatial map; Examiner proposed to modify Yeung to have included receiving via user interaction with the displayed 3D spatial map, a control input for the spatially-aware device represented in the 3D spatial map similar to receive, via user interaction with the displayed spatial map, a control input for the spatially-aware device represented in the spatial map as taught by Price. The motivation for the above is to provide user the option of controlling the spatially aware device from displayed map.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tapas Mazumder whose telephone number is (571)270-7466. The examiner can normally be reached M-F 8:00 AM-5:00 PM PST.
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, Kent Chang can be reached on 570-272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAPAS MAZUMDER/Primary Examiner, Art Unit 2619
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