DETAIL OFFICE ACTIONS
The United States Patent & Trademark Office appreciates the response filed for the current application that is submitted on 11/25/2025. The United States Patent & Trademark Office reviewed the following documents submitted and has made the following comments below.
Amendment
Applicant submitted amendments on 11/25/2025. The Examiner acknowledges the amendment and has reviewed the claims accordingly.
Applicant Arguments:
In regards to Argument 1, Applicant/s state/s Burke does not teach on the amended claims, therefore, the rejection of 35 U.S.C. 102(a)(1) should be removed.
In regards to Argument 2, Applicant/s state/s Burke in view of Karlsson does not teach on the amended claims, therefore, the rejection of 35 U.S.C. 103 should be removed.
Examiner’s Responses:
In response to Argument 1, Applicant’s arguments, see Remarks, filed 11/25/2025, with respect to the rejection(s) of claim(s) 1-4, 6-13, and 15-21 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mihaly et al (U.S. Patent Pub. No. 2023/0217034, hereafter referred to Mihaly) in view of Dixit (U.S. Patent Pub. No. 2021/0233279, hereafter referred to Dixit).
In response to Argument 2, Applicant’s arguments, see Remarks, filed 11/25/2025, with respect to the rejection(s) of claim(s) 5 and 14 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mihaly et al (U.S. Patent Pub. No. 2023/0217034, hereafter referred to Mihaly) in view of Dixit (U.S. Patent Pub. No. 2021/0233279, hereafter referred to Dixit).
The finds that Mihály teaches an improved split rendering process for extended reality (XR) applications—including virtual reality (VR) and augmented reality (AR)—that rely on remote rendering, wherein a central server node (e.g., in an edge cloud) split renders a visual scene into a plurality of graphic layers, each comprising one or more 3D objects, then groups and sorts these layers according to a Quality of Experience (QoE) importance metric (considering factors such as foreground versus background position, object motion or velocity, and newly appearing objects) to create multiple graphic layer groups with different quality ranks, encodes each group into a composite video frame in which each group is separately decodable while appending identifying metadata, and transmits the groups in sorted order based on quality rank to a client device (e.g., an HMD), which decodes the groups received before a decoding deadline, derives substitute graphic layer groups from buffered prior-frame data for any late-arriving or missing groups (optionally using time-warping), renders and displays the reconstructed scene, and sends feedback to the server indicating which groups were timely received so the server can adapt its encoding bitrate—reducing lower-importance layers first when congestion is detected—thereby mitigating the impact of network delay variation while remaining network-agnostic; and Dixit teaches methods and systems for dynamic image compression of streaming AR (or VR) content based on perceived viewing distance, wherein a server receives a request for a rendered image of AR content that includes a real world distance between a client device and the intended placement location of an AR object within a real world scene, renders an image (bitmap) of the AR object or scene from the perspective of a virtual camera corresponding to the client device camera, selects a compression factor from a plurality of compression factors based on that real world distance (such that objects placed farther from the user receive higher compression and lower fidelity, with the factor optionally determined by threshold distances per a lookup table or by the equation 10/(e^x)), and further adjusts the compression factor based on relative depth information—by partitioning the image and its depth map into blocks, determining an average depth per block, and applying block-specific compression factors—as well as based on a type of visual information associated with the AR object (for instance, selecting a lower compression factor to preserve fidelity for portions containing text or alphanumeric characters), before compressing the image accordingly and sending the compressed bitmaps to the client device for overlay onto the real world scene.
The Examiner finds that the prior arts can be combined since Mihály teaches split rendering for the AR of 3D objects. The encoded video frame is then transmitted in sorted order based on quality ranking to client devices. The system then takes feedback from the client device as a reference for encoding and creates a plurality of graphic layers, each graphic layer comprising one or more objects in the visual scene, and then transmits them in an order based on quality rank. The Examiner finds that Dixit can be combined with Mihály’s split rendering to reduce the impact of delay for a remote application by incorporating the compression of Dixit. Dixit allows for the compression of image data, and the data is uncompressed on the client device to allow for rendering of graphics in an AR system. The compression of the image data does not affect Mihály’s rendering. The specific details are provided below.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 3, 4, 9, 10, 11, 12, 13, 18, 19, 20, 21 rejected under 35 U.S.C. 103(a) as being unpatentable over Mihaly et al (U.S. Patent Pub. No. 2023/0217034, hereafter referred to Mihaly) in view of Dixit (U.S. Patent Pub. No. 2021/0233279, hereafter referred to Dixit).
Regarding Claim 1, Mihaly teaches an image frame display method performed by a computer device and the method comprising: receiving a first rendering instruction transmitted by a server (paragraph 59, Mihaly teaches the client device renders the display image and output the images to display.); rendering, by the computer device, at least one first image element (paragraph 60, Mihaly teaches renders the display image and outputs the image to a display, using 3D position information and the layer textures.) based on the first rendering instruction transmitted by the server (paragraph 62, paragraph 63, paragraph 64, Mihaly teaches rendering the visual scene provided by the game engine into a set and graphical layers.).
Mihaly does not explicitly disclose the following receiving at least one second image element transmitted by the server, the at least one second image element being rendered by the server; and displaying an image frame based on the at least one first image element and the at least one second image element, including combining the at least one first image element rendered by the computer device and the at least one second image element rendered by the server to form the image frame.
Dixit is in the same field of art of image processing and rendering. Further, Dixit teaches receiving at least one second image element transmitted by the server, the at least one second image element being rendered by the server (paragraph 134, paragraph 135, paragraph 136, Dixit teaches image rendering may be compress the image and rendering the images of the object.); and
displaying an image frame based on the at least one first image element and the at least one second image element (paragraph 128, paragraph 129, paragraph 130, Dixit teaches rendering performed an image compression of the AR content based on the real world distances for the AR content.),
including combining the at least one first image element rendered by the computer device and the at least one second image element rendered by the server to form the image frame (paragraph 152-paragraph 155, Dixit teaches an example for the image compression of the stream AR content based on relative depth information, and the by the server.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mihaly by incorporating the different types of rendering of images to the augmented reality device that is taught by Dixit, to make the invention that contains images and that compressed and sent over to a device for decompression for using data in AR system that renders new images together; thus, one of ordinary skilled in the art would be motivated to combine the references since the improvement is directed towards dynamic image compression of streaming AR/VR content based on perceived viewing distance (paragraph 5 Dixit) .
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
In regards to Claim 2, Mihaly in view of Dixit discloses obtaining an interactive instruction indicating a display mode of the at least one first image element and the at least one second image element (paragraph 87, Mihaly teaches a display.); and combining the at least one first image element and the at least one second image element in accordance with the interactive instruction to form the image frame (paragraph 38, paragraph 47, paragraph 62-paragraph 64, Mihaly teaches rendering different images and based on input.).
In regards to Claim 3, Mihaly in view of Dixit discloses wherein the receiving an interactive instruction transmitted by the server comprises: receiving, from the server,
a first interactive instruction that corresponds to the first image element (paragraph 67, Mihaly); and receiving, from the sever server, a second interactive instruction that corresponds to the second image element (paragraph 38, paragraph 47, paragraph 62-paragraph 64, Mihaly teaches rendering different images and based on input.).
In regards to Claim 4, Mihaly in view of Dixit discloses wherein the displaying an image frame based on the at least one first image element, and the at least one second image element, comprising: determining a display mode of the first image element and the second image element based on the first interactive instruction and the second interactive instruction (paragraph 75, paragraph 83, paragraph 87, Mihaly); and displaying the at least one first image element and the at least one second image element according to the display mode of the first image element and the second image element (paragraph 75, paragraph 83, paragraph 87, Mihaly).
In regards to Claim 9, Mihaly in view of Dixit discloses the image frame is a virtual scene picture, the first image element comprises at least one of an icon, a graphic button of a virtual control, and a graphic comprising text content, superimposed on the virtual scene picture; and the second image element comprises an image used for displaying the virtual scene in the virtual scene picture (paragraph 75, paragraph 83, paragraph 87, Mihaly).
Regarding Claim 10, Mihaly teaches a computer device, comprising a processor and a memory, the memory storing at least one computer instruction, and the at least one computer instruction, when executed by the processor, causing the computer device to implement an image frame display (paragraph 63, Mihaly teaches a processor) method including:
receiving a first rendering instruction transmitted by a server (paragraph 59, Mihaly teaches the client device renders the display image and output the images to display.);
rendering, by the computer device, at least one first image element (paragraph 60, Mihaly teaches renders the display image and outputs the image to a display, using 3D position information and the layer textures.) based on the first rendering instruction transmitted by the server (paragraph 62, paragraph 63, paragraph 64, Mihaly teaches rendering the visual scene provided by the game engine into a set and graphical layers.).
Mihaly does not explicitly disclose receiving at least one second image element transmitted by the server, the at least one second image element being rendered by the server; and
displaying an image frame based on the at least one first image element and the at least one second image element, including combining the at least one first image element rendered by the computer device and the at least one second image element rendered by the server to form the image frame.
Dixit is in the same field of art of image processing and rendering. Further, Dixit teaches receiving at least one second image element transmitted by the server, the at least one second image element being rendered by the server (paragraph 134, paragraph 135, paragraph 136, Dixit teaches image rendering may be compress the image and rendering the images of the object.); and
displaying an image frame based on the at least one first image element and the at least one second image element (paragraph 128, paragraph 129, paragraph 130, Dixit teaches rendering performed an image compression of the AR content based on the real world distances for the AR content.), including combining the at least one first image element rendered by the computer device and the at least one second image element rendered by the server to form the image frame (paragraph 152-paragraph 155, Dixit teaches an example for the image compression of the stream AR content based on relative depth information, and the by the server.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mihaly by incorporating the different types of rendering of images to the augmented reality device that is taught by Dixit, to make the invention that contains images and that compressed and sent over to a device for decompression for using data in AR system that renders new images together; thus, one of ordinary skilled in the art would be motivated to combine the references since the improvement is directed towards dynamic image compression of streaming AR/VR content based on perceived viewing distance (paragraph 5 Dixit) .
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
In regards to Claim 11, Mihaly in view of Dixit discloses wherein the method further comprises: obtaining an interactive instruction indicating a display mode of the at least one first image element and the at least one second image element (paragraph 87, Mihaly teaches a display.); and combining the at least one first image element and the at least one second image element in accordance with the interactive instruction to form the image frame (paragraph 38, paragraph 47, paragraph 62-paragraph 64, Mihaly teaches rendering different images and based on input.).
In regards to Claim 12, Mihaly in view of Dixit discloses wherein the receiving an interactive instruction transmitted by the server comprises: receiving, from the server, a first interactive instruction that corresponds to the first image element (paragraph 67, Mihaly); and receiving, from the sever server, a second interactive instruction that corresponds to the second image element (paragraph 38, paragraph 47, paragraph 62-paragraph 64, Mihaly teaches rendering different images and based on input.).
In regards to Claim 13, Mihaly in view of Dixit discloses wherein the displaying an image frame based on the at least one first image element, the at least one second image element, and the interactive instruction comprises: determining a display mode of the first image element and the second image element based on the first interactive instruction and the second interactive instruction (paragraph 75, paragraph 83, paragraph 87, Mihaly); and displaying the at least one first image element and the at least one second image element according to the display mode of the first image element and the second image element (paragraph 75, paragraph 83, paragraph 87, Mihaly).
In regards to Claim 18, Mihaly in view of Dixit discloses the image frame is a virtual scene picture, the first image element comprises at least one of an icon, a graphic button of a virtual control, and a graphic comprising text content, superimposed on the virtual scene picture; and the second image element comprises an image used for displaying the virtual scene in the virtual scene picture (paragraph 75, paragraph 83, paragraph 87, Mihaly).
Regarding Claim 19, Mihaly teaches a non-transitory computer-readable storage medium, storing at least one computer program, the computer program, when executed by a processor of a computer device, causing the computer device to implement an image frame display method including: receiving a first rendering instruction transmitted by a server (paragraph 59, Mihaly teaches the client device renders the display image and output the images to display.);
rendering, by the computer device, at least one first image element (paragraph 60, Mihaly teaches renders the display image and outputs the image to a display, using 3D position information and the layer textures.) based on the first rendering instruction transmitted by the server (paragraph 62, paragraph 63, paragraph 64, Mihaly teaches rendering the visual scene provided by the game engine into a set and graphical layers.).
Mihaly does not explicitly disclose receiving at least one second image element transmitted by the server, the at least one second image element being rendered by the server;
receiving an interactive instruction transmitted by the server; and displaying an image frame based on the at least one first image element , the at least one second image element and the interactive instruction, including combining the at least one first image element rendered by the computer device and the at least one second image element rendered by the server to form the image frame.
Dixit is in the same field of art of image processing and rendering. Further, Dixit teaches receiving at least one second image element transmitted by the server, the at least one second image element being rendered by the server (paragraph 134, paragraph 135, paragraph 136, Dixit teaches image rendering may be compress the image and rendering the images of the object.);
receiving an interactive instruction transmitted by the server (paragraph 134, paragraph 135, paragraph 136, Dixit teaches image rendering may be compress the image and rendering the images of the object.); and displaying an image frame based on the at least one first image element , the at least one second image element (paragraph 128, paragraph 129, paragraph 130, Dixit teaches rendering performed an image compression of the AR content based on the real world distances for the AR content.), and the interactive instruction, including combining the at least one first image element rendered by the computer device and the at least one second image element rendered by the server to form the image frame (paragraph 152-paragraph 155, Dixit teaches an example for the image compression of the stream AR content based on relative depth information, and the by the server.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Mihaly by incorporating the different types of rendering of images to the augmented reality device that is taught by Dixit, to make the invention that contains images and that compressed and sent over to a device for decompression for using data in AR system that renders new images together; thus, one of ordinary skilled in the art would be motivated to combine the references since the improvement is directed towards dynamic image compression of streaming AR/VR content based on perceived viewing distance (paragraph 5 Dixit) .
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
In regards to Claim 20, Mihaly in view of Dixit discloses wherein the method further comprises: obtaining an interactive instruction indicating a display mode of the at least one first image element and the at least one second image element (paragraph 87, Mihaly teaches a display.); and combining the at least one first image element and the at least one second image element in accordance with the interactive instruction to form the image frame (paragraph 38, paragraph 47, paragraph 62-paragraph 64, Mihaly teaches rendering different images and based on input.).
In regards to Claim 21, Mihaly in view of Dixit discloses the image frame is a virtual scene picture, the first image element comprises at least one of an icon, a graphic button of a virtual control, and a graphic comprising text content, superimposed on the virtual scene picture; and the second image element comprises an image used for displaying the virtual scene in the virtual scene picture (paragraph 75, paragraph 83, paragraph 87, Mihaly).
Allowable Subject Matter
Claims 5, 6, 7, 8, 14, 15, 16, 17 are 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/ONEAL R MISTRY/Supervisory Patent Examiner, Art Unit 2674
