DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 9 and 18 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 17 of U.S. Patent No. 11,645,819 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because it is clear that all the elements of the application claims 1, 9 and 18 are to be found in patent claims 1, 12 and 17 (as the application claims fully encompasses patent claims). The difference between the application claims and the patent claims lies in the fact that the patent claim includes many more elements and is thus much more specific. Thus the invention of claims 1, 12 and 17 of the patent is in effect a “species” of the “generic” invention of the application claims 1, 9 and 18. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claims 1, 9 and 18 are anticipated by claims 1, 12 and 17 of the patent, it is not patentably distinct from claims 1, 12 and 17 of the patent.
18/193,540
1. A method, comprising: sending, from a server system to each of a plurality of mobile devices at a venue, instructions to generate image data and corresponding image metadata of an event at the venue to use to build a model of the venue, each of the mobile devices independently maintaining a corresponding internal coordinate system and the corresponding image metadata including information about a location and an orientation of the corresponding mobile device within the venue in the internal coordinate system of the corresponding mobile device when capturing the image data; receiving, at the server system from each of the plurality of mobile devices, the corresponding image data and corresponding image metadata generated in response to the instructions; building by the server system of the model of the venue in a real world coordinate system from the image data and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system; generating by the server system of a corresponding transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding image data and image metadata of each of the mobile devices and the model of the venue in the real world coordinate system built from the image data and image metadata from the plurality of mobile devices; and transmitting from the server system to each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system.
11,645,819 B2
1. A method, comprising: sending, from a server system to each of a plurality of mobile devices at a venue, instructions to generate image data and corresponding image metadata of an event at the venue to use to build a model of the venue, each of the mobile devices independently maintaining a corresponding internal coordinate system and the image metadata including information about a location and an orientation of the corresponding mobile device within the venue in the corresponding internal coordinate system of the corresponding mobile device when capturing the image data; receiving, at the server system from each of the plurality of mobile devices, the corresponding image data and corresponding image metadata generated in response to the instructions; building by the server system of the model of the venue in a real world coordinate system from the image data and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system; generating by the server system of a corresponding transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding image data and image metadata of each of the mobile devices and the model of the venue in the real world coordinate system built from the image data and image metadata from the plurality of mobile devices by: extracting a set of features from the image data from each of the mobile devices; comparing the set of features extracted from the image data from each of the mobile devices against the set of reference features in the real world coordinate system; from comparing the set of features extracted from the image data from each of the mobile devices against the set of reference features in the real world coordinate system and from the location data of the set of reference features in the real world coordinate system, determining a corresponding location and orientation in the venue for each of the mobile devices in the real world coordinate system; and generating the transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding location and orientation in the real world coordinate system and the corresponding image metadata including the location and an orientation in the mobile device's internal coordinate system; and transmitting from the server system to each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system.
9. A system, comprising: one or more servers configured to access data from one or more databases, to receive data from and transmit data to a plurality of mobile devices, and to: send, to each of a plurality of mobile devices at a venue, instructions to generate image data and corresponding image metadata of an event at the venue to use to build a model of the venue, each of the mobile devices independently maintaining a corresponding internal coordinate system and the corresponding image metadata including information about a location and an orientation of the corresponding mobile device within the venue in the internal coordinate system of the corresponding mobile device when capturing the image data; receive, from each of the plurality of mobile devices, the corresponding image data and corresponding image metadata generated in response to the instructions; build the model of the venue in a real world coordinate system from the image data and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system; generate a corresponding transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding image data and image metadata of each of the mobile devices and the model of the venue in the real world coordinate system built from the image data and image metadata from the plurality of mobile devices; and transmit to each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system.
18. The system of claim 17, wherein: the image data from the plurality of mobile devices comprise crowd sourced images that are used to achieve a cumulative result in a form of the model, wherein identity and/or number of the plurality of mobile devices are not known in advance prior to the event at the venue.
12. A system, comprising: one or more servers configured to access data from one or more databases, to receive data from and transmit data to a plurality of mobile devices, and to: send, to each of a plurality of mobile devices at a venue, instructions to generate image data and corresponding image metadata of an event at the venue to use to build a model of the venue, each of the mobile devices independently maintaining a corresponding internal coordinate system and the image metadata including information about a location and an orientation of the corresponding mobile device within the venue in the corresponding internal coordinate system of the corresponding mobile device when capturing the image data; receive, from each of the mobile devices, the corresponding image data and image metadata generated in response to the instructions; build the model of the venue in the real world coordinate system from the image data of a venue for an event and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system; from the image data and image metadata of each of the mobile devices and the model of the venue in the real world coordinate system, generate for each of the mobile devices a corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system by: extracting a set of features from the image data from each of the mobile devices; comparing the set of features extracted from the image data from each of the mobile devices against the set of reference features in the real world coordinate system; from comparing the set of features extracted from the image data from each of the mobile devices against the set of reference features in the real world coordinate system and from the location data of the set of reference features in the real world coordinate system, determining a corresponding location and orientation in the venue for each of the mobile devices in the real world coordinate system; and generating the transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding location and orientation in the real world coordinate system and the corresponding image metadata including the location and an orientation in the mobile device's internal coordinate system; transmit to each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system; for each of the mobile device, receive requests for graphics to be displayed by the mobile device over a view of the venue as specified by location and orientation in the real world coordinate system; and transmit to each of the mobile devices the requested graphics specified by location and orientation in the real world coordinate system.
19. A method, comprising: independently maintaining by each of a plurality of mobile devices at a venue a corresponding internal coordinate system; receiving, at each of the of mobile devices at the venue, instructions from a server system to generate image data and corresponding image metadata of an event at the venue to use to build a model of the venue, the corresponding image metadata including information about a location and an orientation of the corresponding mobile device within the venue in the internal coordinate system of the corresponding mobile device when capturing the image data; receiving, at the server system from each of the plurality of mobile devices, the corresponding image data and corresponding image metadata generated in response to the instructions; building by the server system of the model of the venue in a real world coordinate system from the image data and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system; generating by the server system of a corresponding transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding image data and image metadata of each of the mobile devices and the model of the venue in the real world coordinate system built from the image data and image metadata from the plurality of mobile devices; transmitting from the server system to each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system; and receiving at each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system.
17. A method, comprising: sending, from a server system to each of a plurality of mobile devices at a venue, instructions to generate image data and corresponding image metadata of an event at the venue to use to build a model of the venue, each of the mobile devices independently maintaining a corresponding internal coordinate system and the image metadata including information about a location and an orientation of the corresponding mobile device within the venue in the corresponding internal coordinate system of the corresponding mobile device when capturing the image data; receiving, at the server system from each of plurality of mobile devices, the corresponding image data and corresponding image metadata generated in response to the instructions; receiving, at a server system from each of a plurality of mobile devices, image data of a venue for an event and image metadata, the image metadata including information on a location and an orientation of the mobile device within the venue in an internal coordinate system of the mobile device when capturing the image metadata; retrieving point features of the venue in a first coordinate system and locations of a set of fiducials features for the venue in a world coordinate system by the server system from the one or more databases, the location of each of the fiducial features being at corresponding point of the venue in the real world coordinate system as determined in a survey of the venue; building by the server system of the model of the venue in the world coordinate system from the point features of the venue in the first coordinate system, the locations of the set of fiducials features for the venue in the world coordinate system, and the image data of a venue for an event and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system; generating by the server system of a corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system for each of the mobile devices from the image data and image metadata of each of the mobile devices and the model of the venue in the world coordinate system by: extracting a set of features from the image data from each of the mobile devices; comparing the set of features extracted from the image data from each of the mobile devices against the set of reference features in the real world coordinate system; from comparing the set of features extracted from the image data from each of the mobile devices against the set of reference features in the real world coordinate system and from the location data of the set of reference features in the real world coordinate system, determining a corresponding location and orientation in the venue for each of the mobile devices in the real world coordinate system; and generating the transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding location and orientation in the real world coordinate system and the corresponding image metadata including the location and an orientation in the mobile device's internal coordinate system; and transmitting from the server system to each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system.
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 (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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huston et al., U.S. Patent Number 11,449,460 B2, in view of Camp, JR. et al., U.S. Patent Publication Number 2010/0009700 A1, further in view of Eppley et al., U.S. Patent Publication Number 2016/0203199 A1.
Regarding claim 1, Huston discloses a method, comprising: sending, from a server system to each of a plurality of mobile devices at a venue, instructions (col. 5, lines 27-30, “geo-referenced” means a message fixed to a particular location or object; thus, the message might be fixed to a venue location; col. 12, lines 3-7, communication instructions to facilitate communicating with one or more additional device, one or more computers and/or one or more servers; may include graphical user interface instructions), each of the mobile devices independently maintaining a corresponding internal coordinate system (col. 10, lines 6-37, mobile device includes a GPS positioning system; another position system can be provided by a separate device coupled to the mobile device, or can be provided internal to the mobile device) and the corresponding image metadata including information about a location and an orientation of the corresponding mobile device within the venue in the internal coordinate system of the corresponding mobile device when capturing the image data (col. 13, lines 27-32, as shown in figure 15, with a convention camera, photographers at points A, B and C, are photographing a Target; the metadata (EXIF, FIG. 12) gives orientation and Depth of field from each point A, B and C, i.e. the orientations and depth of field are associated with vectors from the points A, B and C to the target in FIG. 1b); receiving, at the server system from each of the plurality of mobile devices, the corresponding image data and corresponding image metadata generated in response to the instructions (col. 16, lines 65-67, server process response by providing a service (e.g., providing map information); sensor processing instructions to facilitate sensor-related processing and functions); building by the server system of the model of the venue in a real world coordinate system from the image data and image metadata from the plurality of mobile devices (col. 17, lines 63-65; the goal is to acquire as many useful images and data to build and update models of locations; the models include both 3D virtual models and images; col. 17, lines 56-59, location module may be utilized to determine location coordinates for use by an application on device and/or the content platform or image processing server; increased accuracy reduces the position error of a target, reducing computational effort and time); (col. 18, lines 50-66, feature points are extracted from a set of training images and stored; a key advantage of such a method of feature point extraction transforms an image into feature vectors invariant to image translation, scaling, and rotation; col. 16, lines 61-62, application of the device request experience and/or content data from the content platform on demand).
However, it is noted that Huston discloses messaging fixed to a venue location, but fails to disclose sending, from a server system to each of a plurality of mobile devices at a venue, instructions to generate image data and corresponding image metadata of an event at the venue to use to build a model of the venue. It is further noted that Huston discloses useful images and data to build and update models of locations and extraction transforms for an image into feature vectors, but fails to disclose specifically disclose a corresponding transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding image data and image metadata of each of the mobile devices and the model of the venue in the real world coordinate system built from the image data and image metadata from the plurality of mobile devices.
Camp, JR. discloses sending, from a server system to each of a plurality of mobile devices at a venue, instructions to generate image data and corresponding image metadata of an event at the venue to use to build a model of the venue (paragraph 0009, image collection server sends an image capture request to the mobile device, thus triggering the device to automatically capture an image of the subject, or in some embodiments, simply encouraging the user of the device to capture an image of the subject; digital image data may then be used for assembling a composite representation of the subject of interest, such as a 3D model of the subject; paragraph 0025, determine the geographic location of mobile terminals (such as mobile devices 110)), each of the mobile devices independently maintaining a corresponding internal coordinate system and the corresponding image metadata including information about a location and an orientation of the corresponding mobile device within the venue in the internal coordinate system of the corresponding mobile device when capturing the image data (paragraph 0010, camera position data corresponding to the digital image is also received and stored in association with the digital image for use in assembling the composite representation; camera position data may comprise camera location data, indicating a location for the mobile communication device at the time the digital image was captured, or camera orientation, or both); receiving, at the server system from each of the plurality of mobile devices, the corresponding image data and corresponding image metadata generated in response to the instructions (paragraph 0036, receiving of location data for a camera-equipped mobile communication device; paragraph 0037, location data received at the image collection server may be associated with a file uploaded by the mobile communication device; metadata included in or associated with the image file may indicate the location corresponding to the image; paragraph 0044, digital image data corresponding to the subject of interest is received from the mobile device; paragraph 0052, information associated with the image may also be sent to the image collection server; thus “metadata” might be sent with the image, such as position data indicating the location and/or orientation of the camera at the time of the image capture); building by the server system of the model of the venue in a real world coordinate system from the image data and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system (paragraph 0011, image collection server may be configured to determine a desired reference position with respect to the subject of interest, and to form a position instruction; may comprise reference location data).
However, it is further noted Huston in view of Camp, JR. fails to disclose transmitting from the server system to each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system.
Eppley discloses a method building by the server system of the model of the venue in a real world coordinate system from the image data and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system (paragraph 0024, reference map should be understood to refer to a map, coordinate system or coordinate from a Location Server; one may be selected to reference into which other coordinates are to be transformed); generating by the server system of a corresponding transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding image data and image metadata of each of the mobile devices and the model of the venue in the real world coordinate system built from the image data and image metadata from the plurality of mobile devices (paragraph 0023, a mobile computing device may communicate location information; location information of Mobile Device may be communicated directly by Mobile Device to PI Server or via one of the Location Servers; additional coordinate for Location may also be received, and Non-Linear Transform or Linear Transform may be determined relative to one of the first two coordinates); and transmitting from the server system to each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system (paragraph 0004-0005, transmits identifying information which is received at one or more receivers; coordinates returned).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the message disclosed by Huston, the image collection server sending an image capture request to the mobile device, as disclosed by Camp, JR. to trigger the device to automatically capture an image of the subject, or in some embodiments, simply encouraging the user of the device to capture an image of the subject to be used for assembling a composite representation of the subject of interest, such as a 3D model of the subject or venue. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the feature points are extracted from a set of training images and stored with a key advantage of such a method of feature point extraction transforms an image into feature vectors invariant to image translation, scaling, and rotation, the transformation as disclosed by Eppley in which Non-Linear Transform or Linear Transform may be determined relative to one of the first two coordinates, to provide a reference in which a map or other coordinates can be transformed.
Regarding claim 2, Huston discloses further comprising: retrieving point features of the venue in a first coordinate system and locations of a set of fiducials features for the venue in the real world coordinate system by the server system from one or more databases (col. 5, lines message might be fixed to a venue location, e.g., a golf course fence; an object is typically geo-referenced using either a position technology; can be geo-reference using machine vision; if machine vision is used (i.e., object recognition), applications can be “markerless” or use “markers,” sometimes known as fiducials; marker-based often uses a square marker with high contrast), wherein the location of each of the fiducial features is at corresponding point of the venue in the real world coordinate system as determined in a survey of the venue, and wherein the server system further builds the model of the venue in the real world coordinate system from the point features of the venue in the first coordinate system and the locations of the set of fiducials features for the venue in the real world coordinate system (col. 18, lines 60-66, feature points are extracted from a set of training images and stored; a key advantage of such a method of feature point extraction transforms an image into feature vectors invariant to image translation, scaling, and rotation).
Regarding claim 3, Huston discloses further comprising: building the model of the venue in the real world coordinate system from the point features of the venue in the first coordinate system and the locations of the set of fiducials features for the venue in the real world coordinate system prior to the event (col. 22, lines 25-29, capture of images and the building of a 3D model of events occurring in the wedding chapel; col. 22, lines 37-44, the wedding chapel has been scanned in advance of any event with a composite scanning system); and during the event, revising the model of the venue in the real world coordinate system using the image data of the venue for the event and image metadata as received from the plurality of mobile devices during the event (col. 22, lines 45-52, during the event, i.e., the wedding, the camera systems additionally capture images (and audio) of the event; one or more wedding guests are accompanied with a mobile device 10, 12 or 220, to capture images and audio from the event and wirelessly convey the information to the network; the information captured in real-time during the event are processed at the server and update the databases).
Regarding claim 4, Huston discloses wherein building the model of the venue in the real world coordinate system includes: building the model of the venue in the real world coordinate system from the point features of the venue in the first coordinate system, the locations of the set of fiducials features for the venue in the real world coordinate system, and the image data of the venue for the event and image metadata as received from the plurality of mobile devices prior to the event (col. 17, lines 16-20, crowdsourced random images and metadata can be used to update the images stored in a database; for example, a newly acquired image from a mobile device can be matched to the corresponding image in a database; col. 17, lines 63-65, the goal is to acquire as many useful images and data to build and update models of locations; col. 18, lines 51-61, image alignment and stitching; uses an feature point detection and matching algorithm; using SIFT, feature points are extracted from a set of training images and stored).
Regarding claim 5, Huston discloses wherein generating the corresponding transformation between each mobile device's internal coordinate system and the real world coordinate system includes: determining a transformation between the image data from the mobile device and the point features of the venue from the image data and image metadata from the mobile device and from the point features of the venue; locating the set of fiducials features in the real world coordinate system within the image data from the mobile device; and determining, from the transformation between the image data from the mobile device and the point features of the venue and from locating of features in the real world coordinate system within the image data from the mobile device, a pose for the image from the mobile device in the real world coordinate system.
Regarding claim 6, Huston discloses wherein building the model of the venue in the real world coordinate system includes: processing the image data and image metadata from the plurality of mobile devices to generate point features of the venue and the locations of a set of fiducials features in the world coordinate system, wherein the transformation between each of the mobile device's internal coordinate system and the real world coordinate system is generated by comparing the image data and image metadata from the mobile device with the point features of the venue (col. 17, lines 16-20, crowdsourced random images and metadata can be used to update the images stored in a database; for example, a newly acquired image from a mobile device can be matched to the corresponding image in a database; col. 18, lines 30-33, aligning targets in multiple images; col. 17, lines 63-65, the goal is to acquire as many useful images and data to build and update models of locations; col. 18, lines 51-61, image alignment and stitching).
(Huston – col. 22, lines 45-58, during the event i.e., the wedding, the camera systems additionally capture images (and audio) of the event; further, one or more wedding guests are accompanied with a mobile device, to capture images and audio from the event and wirelessly convey the information to the network; the information captured in real-time during the event are processed at server and update the databases; )
Regarding claim 7, Huston discloses wherein building the model of the venue in the real world coordinate system further includes: extracting one or more of the set of fiducial features from the image data and image metadata from the plurality of mobile devices (col. 18, lines 60-66, feature points are extracted from a set of training image and stored; a key advantage of such a method of feature point extraction transforms an image into feature vectors invariant to image translation, scaling, and rotation, and partially invariant).
Regarding claim 8, Huston discloses further comprising: receiving, at the server system for one or more of the mobile devices, an independent request for graphics to be displayed by the mobile device over a view of the venue as specified by location and orientation in the real world coordinate system; and transmitting from the server system to each of the mobile devices the requested graphics (col. 16, lines 61-62, application of the device request experience and/or content data from the content platform on demand; col. 6, lines 57-67, the venue for an event or “experience" can be a real view or depicted as a photo background environment or a virtual environment, or a mixture, sometimes referred to as “mixed reality”; “augmented reality” images overlaid the event venue background).
Regarding claims 9-17, they are rejected based upon similar rational as above claims 1-8, Huston further discloses a system, comprising: one or more servers configured to access data from one or more databases, to receive data from and transmit data to a plurality of mobile devices, and to: send, to each of a plurality of mobile devices at a venue (figure 3; col. 23, lines 59-65, uses the crowd-sourced content of the event to display in near real-time a panoramic/3D rendering; the images, sounds and 3D model are available to subscribers/user from the experience platform by using the application).
Regarding claim 18, Huston discloses wherein: the image data from the plurality of mobile devices comprise crowd sourced images that are used to achieve a cumulative result in a form of the model, wherein identity and/or number of the plurality of mobile devices are not known in advance prior to the event at the venue (col. 17, lines 16-20, crowdsourced random images and metadata can be used to update the images stored in a database; for example, a newly acquired image from a mobile device can be matched to the corresponding image in a database; col. 18, lines 30-33, aligning targets in multiple images; col. 17, lines 63-65, the goal is to acquire as many useful images and data to build and update models of locations; col. 18, lines 51-61, image alignment and stitching).
Regarding claim 19, Huston discloses a method, comprising: independently maintaining by each of a plurality of mobile devices at a venue a corresponding internal coordinate system (col. 10, lines 6-37, mobile device includes a GPS positioning system; another position system can be provided by a separate device coupled to the mobile device, or can be provided internal to the mobile device); the corresponding image metadata including information about a location and an orientation of the corresponding mobile device within the venue in the internal coordinate system of the corresponding mobile device when capturing the image data (col. 13, lines 27-32, as shown in figure 15, with a convention camera, photographers at points A, B and C, are photographing a Target; the metadata (EXIF, FIG. 12) gives orientation and Depth of field from each point A, B and C, i.e. the orientations and depth of field are associated with vectors from the points A, B and C to the target in FIG. 1b); receiving, at the server system from each of the plurality of mobile devices, the corresponding image data and corresponding image metadata generated in response to the instructions (col. 13, lines 27-32, as shown in figure 15, with a convention camera, photographers at points A, B and C, are photographing a Target; the metadata (EXIF, FIG. 12) gives orientation and Depth of field from each point A, B and C, i.e. the orientations and depth of field are associated with vectors from the points A, B and C to the target in FIG. 1b); building by the server system of the model of the venue in a real world coordinate system from the image data and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system (col. 17, lines 63-65; the goal is to acquire as many useful images and data to build and update models of locations; the models include both 3D virtual models and images; col. 17, lines 56-59, location module may be utilized to determine location coordinates for use by an application on device and/or the content platform or image processing server; increased accuracy reduces the position error of a target, reducing computational effort and time).
However, it is noted that Huston discloses messaging fixed to a venue location, but fails to disclose sending, from a server system to each of a plurality of mobile devices at a venue, instructions to generate image data and corresponding image metadata of an event at the venue to use to build a model of the venue. It is further noted that Huston discloses useful images and data to build and update models of locations and extraction transforms for an image into feature vectors, but fails to disclose specifically disclose a corresponding transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding image data and image metadata of each of the mobile devices and the model of the venue in the real world coordinate system built from the image data and image metadata from the plurality of mobile devices.
Camp, JR. discloses sending, from a server system to each of a plurality of mobile devices at a venue, instructions to generate image data and corresponding image metadata of an event at the venue to use to build a model of the venue (paragraph 0009, image collection server sends an image capture request to the mobile device, thus triggering the device to automatically capture an image of the subject, or in some embodiments, simply encouraging the user of the device to capture an image of the subject; digital image data may then be used for assembling a composite representation of the subject of interest, such as a 3D model of the subject; paragraph 0025, determine the geographic location of mobile terminals (such as mobile devices 110)), each of the mobile devices independently maintaining a corresponding internal coordinate system and the corresponding image metadata including information about a location and an orientation of the corresponding mobile device within the venue in the internal coordinate system of the corresponding mobile device when capturing the image data (paragraph 0010, camera position data corresponding to the digital image is also received and stored in association with the digital image for use in assembling the composite representation; camera position data may comprise camera location data, indicating a location for the mobile communication device at the time the digital image was captured, or camera orientation, or both); receiving, at the server system from each of the plurality of mobile devices, the corresponding image data and corresponding image metadata generated in response to the instructions (paragraph 0036, receiving of location data for a camera-equipped mobile communication device; paragraph 0037, location data received at the image collection server may be associated with a file uploaded by the mobile communication device; metadata included in or associated with the image file may indicate the location corresponding to the image; paragraph 0044, digital image data corresponding to the subject of interest is received from the mobile device; paragraph 0052, information associated with the image may also be sent to the image collection server; thus “metadata” might be sent with the image, such as position data indicating the location and/or orientation of the camera at the time of the image capture); building by the server system of the model of the venue in a real world coordinate system from the image data and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system (paragraph 0011, image collection server may be configured to determine a desired reference position with respect to the subject of interest, and to form a position instruction; may comprise reference location data).
It is noted that Huston in view of Camp, JR. fail to disclose generating by the server system of a corresponding transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding image data and image metadata of each of the mobile devices and the model of the venue in the real world coordinate system built from the image data and image metadata from the plurality of mobile devices; and transmitting from the server system to each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system.
Eppley discloses building by the server system of the model of the venue in a real world coordinate system from the image data and image metadata from the plurality of mobile devices, the model comprising a reference map including location data of a set reference features in the real world coordinate system (paragraph 0024, reference map should be understood to refer to a map, coordinate system or coordinate from a Location Server; one may be selected to reference into which other coordinates are to be transformed); generating by the server system of a corresponding transformation between each of the mobile device's internal coordinate system and the real world coordinate system from the corresponding image data and image metadata of each of the mobile devices and the model of the venue in the real world coordinate system built from the image data and image metadata from the plurality of mobile devices (paragraph 0023, a mobile computing device may communicate location information; location information of Mobile Device may be communicated directly by Mobile Device to PI Server or via one of the Location Servers; additional coordinate for Location may also be received, and Non-Linear Transform or Linear Transform may be determined relative to one of the first two coordinates); and transmitting from the server system to each of the mobile devices the corresponding transformation between the mobile device's internal coordinate system and the real world coordinate system (paragraph 0004-0005, transmits identifying information which is received at one or more receivers; coordinates returned).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the message disclosed by Huston, the image collection server sending an image capture request to the mobile device, as disclosed by Camp, JR. to trigger the device to automatically capture an image of the subject, or in some embodiments, simply encouraging the user of the device to capture an image of the subject to be used for assembling a composite representation of the subject of interest, such as a 3D model of the subject or venue. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the feature points are extracted from a set of training images and stored with a key advantage of such a method of feature point extraction transforms an image into feature vectors invariant to image translation, scaling, and rotation, the transformation as disclosed by Eppley in which Non-Linear Transform or Linear Transform may be determined relative to one of the first two coordinates, to provide a reference in which a map or other coordinates can be transformed.
Regarding claim 20, Huston discloses further comprising: receiving point features of the venue and locations of a set of fiducials features for the venue in the real world coordinate system by the server system from one or more databases, wherein building the model of the venue in the real world coordinate system includes: building the model of the venue in the real world coordinate system from the point features of the venue, the locations of the set of fiducials features for the venue in the real world coordinate system, and the image data of the venue for the event and image metadata as received from the plurality of mobile devices prior to the event (col. 5, lines message might be fixed to a venue location, e.g., a golf course fence; an object is typically geo-referenced using either a position technology; can be geo-reference using machine vision; if machine vision is used (i.e., object recognition), applications can be “markerless” or use “markers,” sometimes known as fiducials; marker-based often uses a square marker with high contrast; col. 18, lines 60-66, feature points are extracted from a set of training images and stored; a key advantage of such a method of feature point extraction transforms an image into feature vectors invariant to image translation, scaling, and rotation; col. 10, lines 6-37, mobile device includes a GPS positioning system; another position system can be provided by a separate device coupled to the mobile device, or can be provided internal to the mobile device).
Response to Arguments
Applicant's arguments filed 06/20/2025 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant argues Huston reference, as described there in column 4, lines 12-29, and in the locations cited in the Office Action as well as more generally, in Huston mobile devices can use GPS to determine its location (within the accuracy of GPS) and then stich together different images from the device based on matching techniques from the images. Examiner responds the claim recites “each of the mobile device independently maintaining a corresponding internal coordinate system and the corresponding metadata including information about a location and an orientation of the corresponding mobile device”. Examiner further responds Applicants specification discloses paragraph 0028, “using starting estimates of view position and orientation (such as from smart phone's GPS, compass, and gravitometer), a correspondence can be established”. Therefore, Examiner maintains Huston discloses the recited claim limitation. Applicant argues that Huston fails to disclose "building ... a model of the venue" from both the crowd sourced image data/metadata, point features, and survey determined fiducial locations and then generating an individual coordinate transformation for each mobile device by comparing the image data from that mobile device again a "set of reference feature" from a "reference map" of the model. Examiner responds Huston discloses col. 2, lines 56-60, server is connect to the network for receiving the images and metadata, wherein the server processes the images to determine the location of various targets in the images and build a 3D model of the region; and further discloses col. 23, lines 59, crowd-sourced content.
Applicant argues the prior art Camp, fails to disclose “the mobile devices independently maintaining a corresponding internal coordinate system” or any need for generating the “coordinate transformation”. Examiner responds Camp discloses paragraph 0027, being capable of measuring or otherwise determining tis location, a mobile device may be capable of determining its orientation; and further discloses paragraph 0038, a multimedia device may this be configured to measure its location and orientation while recording image data or other multimedia data, and to lave location and orientation information in associated with the recorded multimedia file.
In response to applicant's argument that the prior art Eppley’s coordinate transformation is between different sets of external, real world coordinate systems to correct for differences in determined GPS locations between the different location beacons, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Applicant argues prior art Eppley fails to disclose “ the mobile device independently maintain a corresponding internal coordinate system” and “corresponding transformation between each of the mobile device’s internal coordinate system and the real world system” and the location data from the different beacons will somewhat misalign, resulting in the situation illustrated in Eppley's Figure 8, where the mobile device has two, misaligned maps of the location. Applicant further responds that Eppley presents a coordinate transformation to mobile device. Examiner responds Eppley discloses in paragraph 0023, device 120 may communicate to PI server 200 or location servers 125; and paragraph 0025, PI server 200 may receive a request to locate a mobile computing device, such as End User Device 110. Examiner therefore responds that Eppley is concerned with locating devices within a common reference coordinate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
2016/0205358 A1 Dickinson
Dickinson discloses an imaging service system includes image and/or video capture devices including a camera, a multiple-axis positioning system to mechanically secure and pan and tilt the camera, and motion control modules, in which the image and/or video captured devices are arranged in an event venue to capture images and videos of attendees at an event corresponding to an occurrence of the event, a trigger module communicatively coupled to the image and/or video capture devices to send a signal to some or all of the image and/or video capture devices to capture the images and videos based on the occurrence, and one or more computers in communication with the image and/or video capture devices to receive the captured images and videos and provide coordinates to the captured images and videos that correspond to locations in the event venue to associate individuals among the attendees to respective locations in the event venue.
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Motilewa Good-Johnson whose telephone number is (571)272-7658. The examiner can normally be reached Monday - Friday 6am-2:30pm.
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, Jason Chan can be reached at 571-272-3022. 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.
MOTILEWA . GOOD JOHNSON
Primary Examiner
Art Unit 2616
/MOTILEWA GOOD-JOHNSON/ Primary Examiner, Art Unit 2616
Prosecution Insights