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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/10/2026 has been entered.
Response to Arguments
Applicant's arguments with respect to claim 3 has been fully considered and the 112(a) and 112(b) rejection has been withdrawn.
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 7-12, 14-17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bickerstaff et al. (US Publication Number 2016/0234482 A1, hereinafter “Bickerstaff”) and Dhua et al. (US Patent Number 11,521,376 B1, hereinafter “Dhua”), further in view of Menezes et al. (US Publication Number 2017/0243582 A1).
(1) regarding claim 1:
As shown in fig. 5, Bickerstaff disclosed a method (para. [0097], note that FIG. 15 provides a schematic example of a viewer 600 wearing an HMD 610 by which a virtual 3D display screen 620 is displayed) comprising:
at a device comprising an audio sensor, a display, one or more processors, and a memory (para. [0046], note that the HMD has associated headphone audio transducers or earpieces 60 which fit into the user's left and right ears 70. Also see para. [0113], that the functionality of the image processor 840 and the display controller 850 could be performed by hardware, programmable hardware such as a field programmable gate array (FPGA) or an application specific integrated circuit):
presenting a representation of a three-dimensional (3D) environment from a current point-of-view (para. [0097], note that the virtual display screen subsists in three-dimensional space (in a virtual sense) around the position in space of the HMD wearer, such that the HMD wearer sees a current portion of VDS according to the HMD orientation);
identifying a region of interest within the 3D environment, wherein the region of interest is located at a first distance from the current point-of-view (para. [0098], note that the 3D display arrangement is used to display an image of a character 630 at (for the sake of this example) 1 metre from the viewer 600);
receiving, via the audio sensor, an audible signal and converting the audible signal to audible signal data (para. [0066], note that the audio signals will be in digital form when they reach the HMD 20, such that the HMD 20 comprises a digital to analogue converter (DAC) to convert at least the audio signals back into an analogue form for reproduction); and wherein the second distance is within a threshold distance of the first distance (para. [0098], note that the 3D display arrangement is used to display an image of a character 630 at (for the sake of this example) 1 metre from the viewer 600. The character 630 is drawn at a position representing its apparent display position to the HMD wearer 600. Note that the virtual display screen is at 100 metre from the viewer. Also see para. [0103]); and
Bickerstaff displayed most of the subject matter as described as above except for specifically teaching generating a visual representation of the audible signal data, wherein the visual representation includes text; and displaying, on the display, the visual representation of the audible signal data at a second distance from the current point-of-view that is based on the first distance.
However, Dhua disclosed displaying, on the display, the visual representation of the audible signal data at a second distance from the current point-of-view that is based on the first distance between the region of interest and the current point-of-view that is based on the first distance (col. 8, lines 45-58, note that the natural language understanding component 266 can identify keywords, such as, but not limited to, “window,” “door,” “staircase,” “couch,” “table,” “book case,” “lamp,” etc., in the audio transcript. A keyword from the transcript can be associated with a timestamp that corresponds to the approximate time when the keyword was uttered by the user. If it is determined that a keyword and/or user meaning has been identified from the transcript, then the method 300 can proceed to the block 312 for generating a three-dimensional model using at least the keyword and/or the user meaning to present. Also see in col. 7, lines 1-6, note that the capture application 216 of the user computing device 201 can prompt the user to speak and describe the physical space during the user controlled scanning and/or recording).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach displaying, on the display, the visual representation of the audible signal data at a second distance from the current point-of-view that is based on the first distance between the region of interest and the current point-of-view. The suggestion/motivation for doing so would have been in order to improve computer-vision object identification in three-dimensional models (abs.). Therefore, it would have been obvious to combine Bickerstaff and Dhua to obtain the invention as specified in claim 1.
In addition to that, Menezes disclosed generating a visual representation of the audible signal data, wherein the visual representation includes text (para. [0020], note that the assistive hearing device implementations described herein assist hearing impaired users of the device by using automated speech transcription to generate text representing speech received in audio signals which is then displayed visually and/or read in a synthesized voice tailored to overcome a user's hearing deficiencies).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach generating a visual representation of the audible signal data, wherein the visual representation includes text. The suggestion/motivation for doing so would have been in order to improve employing automated speech transcription to generate text representing speech received in audio signals which is then displayed for the user and/or read in a synthesized voice tailored to overcome a user's hearing deficiencies (para. [0003]). Therefore, it would have been obvious to combine Bickerstaff, Dhua and Menezes to obtain the invention as specified in claim 1.
(2) regarding claim 2:
Bickerstaff further disclosed the method of claim 1, wherein the first distance represents a first depth at which the region of interest is located and the second distance represents a second depth at which the visual representation is displayed (fig. 15, para. [0103], note that IG. 15, note that when the viewer's head is horizontal, the 3D image will appear entirely identical between the two situations. In other words, when the head is horizontal, there is no difference between the version with the virtual screen at 100 metres from the viewer and the version with the virtual screen 1 metre from the viewer. Both arrangements provide an equally authentic representation of the 3D scene).
(3) regarding claim 3:
Bickerstaff further disclosed the method of claim 1, wherein the second distance is the same as the first distance (para. [0103], note that comparing FIG. 19 with FIG. 15, note that when the viewer's head is horizontal, the 3D image will appear entirely identical between the two situations. In other words, when the head is horizontal, there is no difference between the version with the virtual screen at 100 metres from the viewer and the version with the virtual screen 1 metre from the viewer. Both arrangements provide an equally authentic representation of the 3D scene i.e. no difference of both distances).
(4) regarding claim 4:
Bickerstaff displayed most of the subject matter as described as above except for specifically teaching wherein the visual representation of the audible signal data includes a transcript of speech represented by the audible signal data, and generating the visual representation comprises: generating the transcript by performing a speech-to-text operation on the audible signal data.
However, Dhua disclosed wherein the visual representation of the audible signal data includes a transcript of speech represented by the audible signal data, and generating the visual representation comprises: generating the transcript by performing a speech-to-text operation on the audible signal data (col. 6, lines 15-18, note that the memory 258 of the computing device 230 for automatic speech recognition may include a speech-to-text (“STT”) component 260 and a natural language understanding (“NLU”) component 266 that may be executed by the hardware processor 252. The STT component 260 may transcribe received audio data into text data representing the words of the speech contained in the audio data. Also see col. 3, lines 25-29).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach wherein the visual representation of the audible signal data includes a transcript of speech represented by the audible signal data, and generating the visual representation comprises: generating the transcript by performing a speech-to-text operation on the audible signal data. The suggestion/motivation for doing so would have been in order to improve computer-vision object identification in three-dimensional models (abs.). Therefore, it would have been obvious to combine Bickerstaff and Dhua to obtain the invention as specified in claim 4.
(5) regarding claim 5:
Bickerstaff displayed most of the subject matter as described as above except for specifically teaching translating the speech from a first language to a second language associated with the device.
However, Dhua disclosed translating the speech from a first language to a second language associated with the device (col. 6, lines 18-28, note that the STT component 260 may interpret an utterance based on the similarity between the utterance and pre-established language models stored in an ASR model knowledge base of the storage 254. For example, the input audio data may be compared with models for sounds (e.g., sub-word units or phonemes) and sequences of sounds to identify words that match the sequence of sounds spoken in the utterance of the audio data. The NLU component 266 can determine user meaning, such as user sentiment or intent, based on the detected audio)
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach translating the speech from a first language to a second language associated with the device. The suggestion/motivation for doing so would have been in order to improve computer-vision object identification in three-dimensional models (abs.). Therefore, it would have been obvious to combine Bickerstaff and Dhua to obtain the invention as specified in claim 5.
(6) regarding claim 7:
Bickerstaff further disclosed the method of claim 1, wherein the region of interest includes a representation of a person that is generating the audible signal, and the visual representation includes a transcript that is displayed near the representation of the person (para. [0121], note that setting a VDS position for a stereoscopic image for display in response to a depth parameter of a region of interest (ROI) in respect of the stereoscopic image for display).
(7) regarding claim 8:
Bickerstaff further disclosed the method of claim 1, wherein displaying the visual representation comprises:
categorizing the first distance into a first category of a plurality of categories that are associated with respective rendering depths including a first rendering depth associated with the first category (para. [0088], note that FIGS. 12-14 schematically illustrate the relationship between the presentation of apparent depth in a 3D representation of an object 500 at a distance 510 from the viewer's eyes 520 and the separation 530 of a display screen position 540 from the viewer's eyes); and
selecting the first rendering depth as the second distance (para. [0091], note that the position of the object 500 to be represented is in front of the display screen position 540. In order to provide a 3D representation of the object 500, respective left and right (“L” and “R”) images (together forming a respective stereoscopic image for display) are displayed on the display screen with a parallax depending on the depth of the object to be displayed).
(8) regarding claim 9:
Bickerstaff further disclosed the method of claim 1, wherein identifying the region of interest comprises:
localizing the audible signal to identify a source of the audible signal in the 3D environment (para. [0066], note that the video displays in the HMD 20 are arranged to display images generated by the games console 300, and the earpieces 60 in the HMD 20 are arranged to reproduce audio signals generated by the games console 300).
Bickerstaff displayed most of the subject matter as described as above except for specifically teaching selecting a location of the source of the audible signal as the region of interest.
However, Dhua disclosed selecting a location of the source of the audible signal as the region of interest (col. 7, line 65- col. 8, line 3, note that input data can include digital representation(s) of the physical space and the audio data. As described herein, in some embodiments, at least some of the digital representation(s) and the audio data were synchronously captured by the user computing device 201).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach selecting a location of the source of the audible signal as the region of interest. The suggestion/motivation for doing so would have been in order to improve computer-vision object identification in three-dimensional models (abs.). Therefore, it would have been obvious to combine Bickerstaff and Dhua to obtain the invention as specified in claim 9.
(9) regarding claim 10:
Bickerstaff further disclosed the method of claim 1, wherein identifying the region of interest comprises:
detecting movement of an object in the 3D environment (para. [0064], note that the user's viewpoint needs to track movements with respect to a real or virtual space in which the user is located); and
selecting the object as the region of interest (para. [0103], note that if the user tilts his or her head during viewing, the version of FIG. 19 with the virtual screen at the same distance (or substantially the same distance) from the viewer as the main region of interest in the displayed content, will be subjectively much more comfortable to view).
(10) regarding claim 11:
Bickerstaff further disclosed the method of claim 10, wherein detecting the movement of the object comprises detecting the movement based on a combination of an image of the 3D environment and depth data of the 3D environment (para. [0102], note that the virtual display screen 620 is also moved so that its separation from the viewer 600 is the same as that of the subject 630. Accordingly, the display of the character 630 is changed from the situation of FIG. 12 to the situation of FIG. 13 by the two operations of (a) moving the position of the display screen (in this case, a virtual display screen) to the depth of the character 630 and (b) altering the parallax of displayed items to suit the new display screen position).
(11) regarding claim 12:
Bickerstaff further disclosed the method of claim 1, wherein identifying the region of interest comprises: identifying the region of interest based on gaze data that indicates a gaze position of a user of the device (para. [0122], note that the ROI in respect of an image may be derived from an already-rendered image, or a preceding displayed image such as an immediately-preceding displayed image (for example in the case of an eye or gaze tracking system) or may be apparent before the image for display is in fact rendered).
(12) regarding claim 14:
Bickerstaff displayed most of the subject matter as described as above except for specifically teaching wherein the first distance represents a distance between the device and the region of interest within the 3D environment, and the method further comprises: determining the first distance based on a combination of depth data from a depth camera and sensor data from a lidar.
However, Dhua disclosed wherein the first distance represents a distance between the device and the region of interest within the 3D environment, and the method further comprises: determining the first distance based on a combination of depth data from a depth camera and sensor data from a lidar (col. 9, lines 20-25, note that the modeling application 272 can generate a three-dimensional model of the overall shape of a space using the scan data, which can be from a lidar sensor. For example, there are a number of software packages that can convert scan data (such as a point cloud) to a three-dimensional model).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach wherein the first distance represents a distance between the device and the region of interest within the 3D environment, and the method further comprises: determining the first distance based on a combination of depth data from a depth camera and sensor data from a lidar. The suggestion/motivation for doing so would have been in order to improve computer-vision object identification in three-dimensional models (abs.). Therefore, it would have been obvious to combine Bickerstaff and Dhua to obtain the invention as specified in claim 14.
(13) regarding claim 15:
Bickerstaff further disclosed the method of claim 1, wherein converting the audible signal to the audible signal data comprises: converting the audible signal to the audible signal data in response to obtaining a user input that corresponds to a request to display visual representations corresponding to the 3D environment (para. [0066], note that the video displays in the HMD 20 are arranged to display images generated by the games console 300, and the earpieces 60 in the HMD 20 are arranged to reproduce audio signals generated by the games console 300. Note that if a USB type cable is used, these signals will be in digital form when they reach the HMD 20, such that the HMD 20 comprises a digital to analogue converter (DAC) to convert at least the audio signals back into an analogue form for reproduction).
(14) regarding claim 16:
Bickerstaff further disclosed the method of claim 1, wherein presenting the representation of the 3D environment comprises displaying a video pass-through of a physical environment by displaying a two-dimensional (2D) representation of objects that are in a field-of-view of an image sensor of the device (para. [0130], note that example case would be where the source image has no parallax (it is a 2D image) but is mapped onto an exact 3D geometric representation of the objects in the scene. In this case all the depth information would have been transferred from the source image to the scene geometry. A simpler case would be to have a flat ground polygon close to the viewer representing the floor and a large distant dome representing the sky).
(15) regarding claim 17:
Bickerstaff displayed most of the subject matter as described as above except for specifically teaching wherein the audible signal data corresponds to a sound being generated within the region of interest and the visual representation includes a textual description of the sound being generated within the region of interest.
However, Dhua disclosed wherein the audible signal data corresponds to a sound being generated within the region of interest and the visual representation includes a textual description of the sound being generated within the region of interest (col. 8, lines 7-19, note that the speech-to-text component 260 may interpret an utterance based on the similarity between the utterance and pre-established language models. For example, the speech-to-text component 260 may compare the input audio data with models for sounds (e.g., sub-word units or phonemes) and sequences of sounds to identify words that match the sequence of sounds spoken in the utterance of the audio data).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach wherein the audible signal data corresponds to a sound being generated within the region of interest and the visual representation includes a textual description of the sound being generated within the region of interest. The suggestion/motivation for doing so would have been in order to improve computer-vision object identification in three-dimensional models (abs.). Therefore, it would have been obvious to combine Bickerstaff and Dhua to obtain the invention as specified in claim 17.
(16) regarding claim 19:
As shown in fig. 5, Bickerstaff disclosed a device (para. [0097], note that FIG. 15 provides a schematic example of a viewer 600 wearing an HMD 610 by which a virtual 3D display screen 620 is displayed) comprising:
one or more processors (para. [0112], note that an image processor 840 generates images for display, and the display of those images is handled by a display controller 850.);
an audio sensor (para. [0046], note that the HMD has associated headphone audio transducers or earpieces 60);
a display (para. [0043], note that the HMD comprises a frame 40, in this example formed of a rear strap and a top strap, and a display portion 50);
a non-transitory memory (para. [0113], note that a storage or other providing medium (an example being a non-transitory machine-readable storage medium storing such software, such as a non-volatile memory, a magnetic disc or an optical disc) by which such software is provided); and
one or more programs stored in the non-transitory memory, which, when executed by the one or more processors, cause the device to: (para. [0046], note that the HMD has associated headphone audio transducers or earpieces 60 which fit into the user's left and right ears 70. Also see para. [0113] The functionality of the image processor 840 and the display controller 850 could be performed by hardware, programmable hardware such as a field programmable gate array (FPGA) or an application specific integrated circuit):
presenting a representation of a three-dimensional (3D) environment from a current point-of-view (para. [0097], note that the virtual display screen subsists in three-dimensional space (in a virtual sense) around the position in space of the HMD wearer, such that the HMD wearer sees a current portion of VDS according to the HMD orientation);
identify, within the 3D environment, a region of interest that is located at a first depth from the current point-of-view (para. [0088], note that FIGS. 12-14 schematically illustrate the relationship between the presentation of apparent depth in a 3D representation of an object 5000. Also see para. [0094], note that the object 500 can be represented on a 3D display using various different display screen positions. Note that each of FIGS. 12-14 can provide an authentic and correct representation of the depth 510 of the object 500);
receiving, via the audio sensor, an audible signal and converting the audible signal to audible signal data (para. [0066], note that the audio signals will be in digital form when they reach the HMD 20, such that the HMD 20 comprises a digital to analogue converter (DAC) to convert at least the audio signals back into an analogue form for reproduction); and
Bickerstaff displayed most of the subject matter as described as above except for specifically teaching generate a visual representation of the audible signal data, wherein the visual representation includes text; and displaying, on the display, the visual representation of the audible signal data at a second depth from the current point-of-view that is a function of the first depth.
However, Dhua disclosed displaying, on the display, the visual representation of the audible signal data at a second depth from the current point-of-view that is a function of the first depth (col. 7, lines 1-6, note that the capture application 216 of the user computing device 201 can prompt the user to speak and describe the physical space during the user-controlled scanning and/or recording. In some embodiments, the capture application 216 can display a text prompt and/or output audio instructions via a speaker. Thus, the user can be encouraged to describe objects in the physical space. The user can be prompted to utter any of the following example phrases while recording. “This is the door.” “This is the television stand, I think I want to keep it.”).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach displaying, on the display, the visual representation of the audible signal data at a second depth from the current point-of-view that is a function of the first depth. The suggestion/motivation for doing so would have been in order to improve computer-vision object identification in three-dimensional models (abs.). Therefore, it would have been obvious to combine Bickerstaff and Dhua to obtain the invention as specified in claim 19.
In addition to that, Menezes disclosed generating a visual representation of the audible signal data, wherein the visual representation includes text (para. [0020], note that the assistive hearing device implementations described herein assist hearing impaired users of the device by using automated speech transcription to generate text representing speech received in audio signals which is then displayed visually and/or read in a synthesized voice tailored to overcome a user's hearing deficiencies).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach generating a visual representation of the audible signal data, wherein the visual representation includes text. The suggestion/motivation for doing so would have been in order to improve employing automated speech transcription to generate text representing speech received in audio signals which is then displayed for the user and/or read in a synthesized voice tailored to overcome a user's hearing deficiencies (para. [0003]). Therefore, it would have been obvious to combine Bickerstaff, Dhua and Menezes to obtain the invention as specified in claim 19.
The proposed rejection of claim 19, renders obvious the non-transitory computer readable claim 20 because these steps occur in the operation of the proposed rejection as discussed above. Thus, the argument similar to that presented above for claim 19 is equally applicable to claim 20.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bickerstaff, Dhua and Menezes further in view of Angara et al. (US Publication Number 2016/0140701 A1, hereinafter “Angara”).
(1) regarding claim 6:
Bickerstaff displayed most of the subject matter as described as above except for specifically teaching wherein the visual representation is displayed at a threshold size.
However, Angara disclosed wherein the visual representation is displayed at a threshold size (para. [0051], note that text block is deemed to be too small if the text block is at least a threshold amount smaller than other text blocks in the test region (e.g., at least a threshold amount smaller than an average or mean size (e.g., area) of the text blocks in the test region)).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach wherein the visual representation is displayed at a threshold size. The suggestion/motivation for doing so would have been in order to facilitate text identification and editing in a region of interest (abs.). Therefore, it would have been obvious to combine Bickerstaff, Dhua and Menezes with Angara to obtain the invention as specified in claim 6.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bickerstaff and Dhua, further in view of Feng et al. (US Publication Number 2023/0021016 A1, hereinafter “Feng”).
(1) regarding claim 13:
Bickerstaff displayed most of the subject matter as described as above except for specifically teaching wherein identifying the region of interest comprises: identifying the region of interest based on a saliency map of the 3D environment.
However, Feng disclosed wherein identifying the region of interest comprises: identifying the region of interest based on a saliency map of the 3D environment (para. [0055], note that the object detector 202 may be implemented using a computer-vision (CV)-based detector, a machine-learning (ML) model (e.g., that is configured to identify/classify specific classes of image features, such as faces, vehicles, etc.), and/or other type of object detector. In some examples, the object detector 202 can be configured as an object detector configured to detect objects in image frames, a face detector configured to detect faces of people in image frames, a saliency detector configured to detect the most salient regions or objects within image frames, etc. In one example, the object detector 202 can use any suitable neural network-based detector).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach wherein identifying the region of interest comprises: identifying the region of interest based on a saliency map of the 3D environment. The suggestion/motivation for doing so would have been in order to improve image detection (abs.). Therefore, it would have been obvious to combine Bickerstaff, Dhua and Menezes with Feng to obtain the invention as specified in claim 13.
Allowable Subject Matter
Claim 18 is 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. The following is a statement of reasons for the indication of allowable subject matter: the prior arts made of record do not teach “ identifying a second region of interest that is located at a third distance from the current point-of-view; receiving, via the audio sensor, a second audible signal and converting the second audible signal to second audible signal data; and displaying, on the display, a second visual representation of the second audible signal data at a fourth distance from the current point-of-view that is based on the third distance between the second region of interest and the current point-of-view”, as recited in claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Newton et al. (US Patent Number 9,979,902 B2) disclosed to the creation and rendering of a three-dimensional (3D) image signal. The invention provides automatic optimal positioning of subtitles on a 3D display which attenuates fatigue in the viewer.
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Hilina K Demeter whose telephone number is (571) 270-1676.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, King Y. Poon could be reached at (571) 270- 0728. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILINA K DEMETER/Primary Examiner, Art Unit 2617