DETAILED ACTION
This Office Action is a response to an RCE filed on 04/17/2026, in which claims 21-40 are pending and ready for examination.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/17/2026 has been entered.
Response to Arguments
Applicant's arguments with respect to claims 1-20 have been considered but are not persuasive. Please see the rejection bellow for more details.
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 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 21 and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6 of U.S. Patent No. 11,461, 871 in view of Adsumilli (US 2017/0366814 A1) and further in view of Cole (US 2016/0373734 A1).
Instant # 17/900,408
Patent No. 11,461,871
A method for providing expanded vision image data, comprising:
A method for encoding cinema-immersive image data, comprising:
receiving a source image from a source image stream,
receiving a source image from a source image stream;
applying a non-linear expansion mapping to the source image to generate a vision expanded image that covers a device-specific field of view supported by an image display on which the vision expanded image is to be rendered;
wherein the non-linear expansion mapping generates less spatial distortions in a specific image portion of the vision expanded image as compared with remaining image portions outside the specific image portion of the vision expanded image;
generating a peripheral-vision expanded image from the source image, the peripheral-vision expanded image including a first image portion generated from a first source image portion of the source image without spatial distortion, the peripheral-vision expanded image including a second image portion generated from a second source image portion of the source image with spatial distortion;
wherein the specific image portion is identified using a tracked view direction of a viewer of the image display;
Wherein the first source image portion of the source image corresponds to the first image portion without special distortion is identified in the source image using a tracked view direction of a viewer in relation to a spatial coordinate system;
wherein the specific image portion of the vision expanded image as identified using the tracked view direction is dynamically sized in runtime based on at least one of available bandwidth, network latency, or view-direction tracking latency;
causing the vision expanded image to be rendered on the image display.
transmitting the peripheral-vision expanded image to the video streaming client for rendering on one or more target image displays.
U.S. Patent No. 11,461, 871 does not disclose: applying a non-linear expansion mapping to the source image to generate a vision expanded image that covers a device-specific field of view supported by an image display on which the vision expanded image is to be rendered;
wherein the specific image portion of the vision expanded image as identified using the tracked view direction is dynamically sized in runtime based on at least one of available bandwidth, network latency, or view-direction tracking latency.
However, Adsumilli from the same or similar endeavor discloses: applying a non-linear expansion mapping to the source image (see Adsumilli, paragraph 48, the center of the fisheye image experiences the least distortion, whereas the edges of the fisheye image experiences the large distortive effects) to generate a vision expanded image (i.e. fisheye image) that covers a device-specific field of view supported by an image display on which the vision expanded image is to be rendered (see Adsumilli, Fig. 3, and paragraph 79 and 123);
wherein the specific image portion of the vision expanded image as identified using the tracked view direction is dynamically sized in runtime (see Adsumilli, paragraph 6, 80, and 119).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to “applying a non-linear expansion mapping to the source image to generate a vision expanded image that covers a device-specific field of view supported by an image display on which the vision expanded image is to be rendered; wherein the specific image portion of the vision expanded image as identified using the tracked view direction is dynamically sized in runtime” as taught by Adsumilli in the video coding method taught by U.S. Patent No. 11,461, 871 to provide, inter alia, methods and apparatus for encoding and decoding images and video content which appropriately account for non-uniform elements or characteristics of the content (see Adsumilli, paragraph 7).
Furthermore, Cole from the same or similar endeavor discloses: dynamically sized in runtime based on at least one of available bandwidth, network latency, or view-direction tracking latency (see Cole, paragraph 105).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to “dynamically sized in runtime based on at least one of available bandwidth, network latency, or view-direction tracking latency” as taught by Cole in the video coding and display method taught by U.S. Patent No. 11,461, 871 and Adsumilli to detect or measure distortions introduced by cameras and camera lenses particularly in the case of wide angle, e.g., fish eye, lenses and use distortion information to improve playback (see Cole, paragraph 10).
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.
Claims 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over Adsumilli (US 2017/0366814 A1) in view of Cole (US 2016/0373734 A1).
Regarding claim 21, Adsumilli discloses: A method for providing expanded vision data (see paragraph 22), comprising:
receiving a source image from a source image stream (see paragraph 56);
applying a non-linear expansion mapping to the source image (see paragraph 48, the center of the fisheye image experiences the least distortion, whereas the edges of the fisheye image experience the large distortive effects) to generate a vision expanded image (i.e. fisheye image) that covers a device-specific field of view supported by an image display on which the vision expanded image is to be rendered (see Fig. 3, and paragraph 79 and 123);
wherein the non-linear expansion mapping generates less spatial distortions in a specific image portion of the vision expanded image as compared with remaining image portions outside the specific image portion of the vision expanded image (see paragraph 48, the center of the fisheye image experiences the least distortion, whereas the edges of the fisheye image experience the large distortive effects);
wherein the specific image portion is identified using a tracked view direction of a viewer of the image display (see paragraph 80, the display component(s) is further configured to track the eye movement, so as to always present the highest quality video in the focus of the user);
wherein the specific image portion of the vision expanded image as identified using the tracked view direction is dynamically sized in runtime (see Adsumilli, paragraph 6, 80, and 119);
causing the vision expanded image to be rendered on the image display (see paragraph 80).
Adsumilli does not disclose: dynamically sized in runtime based on at least one of available bandwidth, network latency, or view-direction tracking latency.
However, Cole from the same or similar endeavor discloses: dynamically sized in runtime based on at least one of available bandwidth, network latency, or view-direction tracking latency (see Cole, paragraph 105).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to “dynamically sized in runtime based on at least one of available bandwidth, network latency, or view-direction tracking latency” as taught by Cole in the video coding and display method taught by Adsumilli to detect or measure distortions introduced by cameras and camera lenses particularly in the case of wide angle, e.g., fish eye, lenses and use distortion information to improve playback (see Cole, paragraph 10).
Regarding claim 22, the combination of Adsumilli and Cole discloses: The method of claim 1, wherein the non-linear expansion mapping relates to one or more of: warping operations, reverse fisheye mapping, linear stretching along a spatial direction (see Adsumilli, paragraph 89), projection operations, conformal mapping, projections analogous to those used in connection with architecture drawings, panini projections, or other projection operations.
Regarding claim 23, the combination of Adsumilli and Cole discloses: The method of claim 1, wherein the image display is provided by a wearable device (see Adsumilli, paragraph 79, HMD).
Regarding claim 24, the combination of Adsumilli and Cole discloses: The method of claim 1, wherein the vision expanded image represents one of: a part of two-dimensional (2D) video content or a part of three-dimensional (3D) video content (see Adsumilli, paragraph 84 and Routhier, paragraph 144).
Regarding claim 25, the combination of Adsumilli and Cole discloses: The method of claim 1, wherein the first specific image portion of the vision expanded image is of a relatively high resolution as compared with the remaining image portion of the vision expanded image (see Adsumilli, paragraph 84).
Regarding claim 26, Adsumilli discloses: A method for processing and rendering expanded vision image data (see paragraph 48), comprising:
receiving a vision expanded image (see paragraph 56) generated from applying a non-linear expansion mapping to a source image (see paragraph 48, the center of the fisheye image experiences the least distortion, whereas the edges of the fisheye image experiences the large distortive effects), wherein the vision expanded image covers a device- specific field of view supported by an image display on which the vision expanded image is to be rendered (see Fig. 3, and paragraph 79 and 123);
generating a display image from the vision expanded image (see Adsumilli, paragraph 84), the vision expanded image including a specific image portion with less spatial distortions remaining image portions of the vision expanded image (see paragraph 48, the center of the fisheye image experiences the least distortion, whereas the edges of the fisheye image experience the large distortive effects);
wherein the specific image portion is identified using a tracked view direction of a viewer of the image display (see paragraph 80, the display component(s) is further configured to track the eye movement, so as to always present the highest quality video in the focus of the user);
wherein the specific image portion of the vision expanded image as identified using the tracked view direction is dynamically sized in runtime (see Adsumilli, paragraph 6, 80, and 119);
rendering the display image on the image displays (see paragraph 80).
Adsumilli does not disclose: dynamically sized in runtime based on at least one of available bandwidth, network latency, or view-direction tracking latency.
However, Cole from the same or similar endeavor discloses: dynamically sized in runtime based on at least one of available bandwidth, network latency, or view-direction tracking latency (see Cole, paragraph 105).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to “dynamically sized in runtime based on at least one of available bandwidth, network latency, or view-direction tracking latency” as taught by Cole in the video coding and display method taught by Adsumilli to detect or measure distortions introduced by cameras and camera lenses particularly in the case of wide angle, e.g., fish eye, lenses and use distortion information to improve playback (see Cole, paragraph 10).
Regarding claim 27, the combination of Adsumilli and Cole discloses: The method of claim 6, wherein the specific image portion and the remaining image portion of the vision expanded image are stored in at least two different frame buffers (see Adsumilli, paragraph 119, allocating memory resources between spatially higher weighted quality and lower weighted areas of the image).
Regarding claim 28, the combination of Adsumilli and Cole discloses: The method of claim 6, wherein the specific image portion of the vision expanded image covers a viewer's view direction predicted for a specific time point at which the vision expanded image is to be rendered (see Adsumilli, paragraph 67).
Regarding claim 29, the combination of Adsumilli and Cole discloses: The method of claim 6, wherein the non-linear expansion mapping relates to one or more of: warping operations, reverse fisheye mapping, linear stretching along a spatial direction (see Adsumilli, paragraph 89), projection operations, conformal mapping, projections analogous to those used in connection with architecture drawings, panini projections, or other projection operations.
Regarding claim 30, the combination of Adsumilli and Cole discloses: The method of claim 6, wherein the image display is provided by a wearable device (see Adsumilli, paragraph 79, HMD).
Regarding claim 31-35, Adsumilli discloses: A non-transitory computer readable storage medium, storing software instructions, which when executed by one or more processors, cause performance of the method recited in claim 21, 22, 24, 25, and 26 (see Adsumilli, paragraph 27).
Regarding claim 36-40, Adsumilli discloses: A computing device comprising one or more processors and one or more non-transitory computer-readable storage media, wherein the media store a set of instructions, which when executed by one or more processors, cause performance of the method recited in method claim 21, 23, 24, 25, and 26 (see Adsumilli, paragraph 8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARYAM A NASRI whose telephone number is (571)270-7158. The examiner can normally be reached 10:00-8:00 M-T.
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, Joseph Ustaris can be reached on 5712727383. 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.
/MARYAM A NASRI/Primary Examiner, Art Unit 2483
Prosecution Insights