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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/06/2026 has been entered.
Response to Arguments
Applicant's arguments filed on 04/06/2026 have been fully considered but they are not persuasive.
Generally, Examiner notes that Applicant relies on the presence of its own lexicography to establish patentability, however, while Applicant is allowed to be his own lexicographer in describing claim structures, Examiner must reject the claim based on the broadest reasonable interpretation of the claimed elements and not based on the presence of Applicant’s exact phrasing. See In re Morris, 127 F.3d 1048, 44 USPQ2d 1023 (Fed. Cir. 1997); MPEP 904.01(a).
Regarding the amendments to Claim 1, Applicant argues: “As highlighted above, the Examiner relied upon the same portion of Reilly (FIG. 2 of which being reproduced below) against two distinct claim features in the original claim 4.”
Examiner notes that (a) both elements of Claim 4 are directed to representing an object position in the video, and this same feature corresponds to the same feature in the prior art, and (b) Claim 1 is amended to implement only one of these features and thus more broadly reads on the examples in the prior art.
Applicant argues: “The Applicant respectfully submits that FIG. 2 of Reilly merely depicts that "the performers 40 are arranged at performer locations on a performance area 42, such as a stage, of a concert space 44, such as a concert hall." ([0068]). There is no reference to different types of immersive content in either Reilly or Steines, e.g., the panoramic video or the volumetric video or their association with the interactive operation.”
Examiner disagrees. Fig. 2 of Reilly illustrates a volumetric display. See updated reasons for rejection below.
Applicant argues: “Moreover, neither reference teaches or suggests that different values of the business key field are used to represent different types immersive content (e.g., the panoramic video or the volumetric video) as required by the pending claims.”
Examiner notes that this argument is not directed to a claim limitation. The claims are directed to “key field is used for representing first/second object position information.” Descriptions of when such position can be represented does not limit the claim to a particular position representation or digital syntax.
Claim Construction
Note that, for purposes of compact prosecution, multiple reasons for rejection may be provided for a claim or a part of the claim. The rejection reasons are cumulative, and Applicant should review all the stated reasons as guides to improving the claim language and advancing the prosecution toward an allowance.
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed by a method claim, or by claim language that does not limit an apparatus claim to a particular structure. However, examples of claim language, although not exhaustive, that may raise a question as to the limiting effect of the language in a claim are: (A) “adapted to” or “adapted for” clauses; (B) “wherein” clauses; and (C) “whereby” clauses. M.P.E.P. 2111.04. Other examples are where the claim passively indicates that a function is performed or a structure is used without requiring that the function or structure is a limitation on the claim itself. The clause may be given some weight to the extent it provides "meaning and purpose” to the claimed invention but not when “it simply expresses the intended result” of the invention. In Hoffer v. Microsoft Corp., 405 F.3d 1326, 1329, 74 USPQ2d 1481, 1483 (Fed. Cir. 2005). Further, during prosecution, claim language that may or may not be limiting should be considered non-limiting under the standard of the broadest reasonable interpretation. See M.P.E.P. 904.01(a); In re Morris, 127 F.3d 1048, 44 USPQ2d 1023 (Fed. Cir. 1997).
Component arrangements or rearrangements which do not modify operation of the device cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947); In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (shifting the position of the starting switch was not patentable because it would not have modified the operation of the device.)
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.
Claims 1-3, 5-15, 17-22 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210366174 to Reilly (“Reilly”) in view of US 20220287676 to Steines (“Steines”).
Regarding Claim 1: “A method for processing immersive media data performed by a computer device, comprising:
in response to an interaction operation aiming at a first immersive media content, generating an interaction feedback message corresponding to the interaction operation (“the VR system controller 12 generates an initial rendering … the VR system controller 12 receives user input data [interaction feedback] from the audience devices 22 for controlling, for example, a viewpoint location and position within the 3D VR environment” Reilly, Paragraphs 105, 107. See examples of other input data in Paragraph 27.)
the interaction feedback message carrying an interaction signaling [table] associated with the interaction operation, (“the VR system controller 12 receives user input data from the audience devices 22.” Reilly, Paragraph 107.
Reilly does not explicitly teach that data is in a form of a “table.” Under the broadest reasonable interpretation consistent with the specification and ordinary skill in the art, the table is a data structure carrying multiple types of data within the same message. See examples in Specification Paragraphs 119-120. Reilly provides examples of such a data as noted in Paragraphs 107 and 26-27.
Steines describes this feature more explicitly, with tables embodied as “data packets (for example, as listed in Table 2) can comprise multiple types of data, e.g. data comprising instrument tracking data, data comprising HMD or other augmented reality display system tracking data and/or a data comprising patient or surgical site (e.g. a spine, joint, dental, vascular, organ or neural structure) tracking data and/or virtual user interface data and/or interaction with virtual user interface data ( e.g. with a tracked physical tool or instrument), all packaged within the same data packet.” Steines, Paragraphs 196, 198. Note that “TABLE 2 Data or data packets for wireless transmission and/or reception between two or more computing systems” just like it is used in Reilly. See Steines, Page 18. See statement of motivation below.)
the interaction signaling table including an information type field as a business key field describing a business event indicated by the interaction operation; (Under the broadest reasonable interpretation consistent with the specification and ordinary skill in the art, “a business event indicated by the interaction operation. The business event description includes at least one of the following: zooming event, switching event and position interaction event,” another words it is a user input regarding the video content. See Specification, Paragraphs 103, 3-5. Prior art teaches examples of such user input information: “a viewpoint position or location and/or zoom level indicated by user input received by the audience device 22.” Reilly, Paragraph 107. See additional treatment of a business key field below.)
wherein the business key field is configured to: (i) represent first object position information of a business object viewing the first immersive media content that belongs to a panoramic video when the interaction operation comprises a first position interaction operation or (ii) represent second object position information of the business object viewing the first immersive media content that belongs to a volumetric video when the interaction operation comprises a second position interaction operation; (Under the broadest reasonable interpretation consistent with the specification and ordinary skill in the art, the business object can represent how a user is interacting with the video. See Specification, Paragraph 3. Prior art teaches an example of this as “the 3D VR avatars [business objects] being displayed within the VR performance area at relative locations” and thus interacting with the video Reilly, Paragraphs 8, 24, 33 and Fig. 2. See additional embodiments of user interaction with objects in the video in Steines, Paragraphs 4, 18, 20 and statement of motivation above.
Note that the viewing video being panoramic or volumetric does not appear to change the representation of “first object position information of a business object or second object position information of the business object.” Cumulatively, Prior Art teaches that the viewed video can be volumetric in Reilly, Paragraph 35; and a panoramic 360 degree view in Paragraph 102.)
transmitting the interaction feedback message to a remote server, (“the VR system controller [remote server] 12 receives user input data [interaction feedback message] from the audience devices 22 for controlling, for example, [determining] a viewpoint location and position within the 3D VR environment” Reilly, Paragraph 107. See examples of other input data in Paragraph 27. “the VR system controller 12 can utilize a separate VR distribution server that is in communication with the VR system controller 12 and the VR audience devices 22. The VR distribution server, for example, can receive the VR environment data from the VR system controller 12 and can distribute the VR environment data to the audience devices 22, as needed.” Reilly, Paragraph 107.)
wherein the server is configured to extract the business key field from the interaction feedback message, to determine the business event indicated by the interaction operation (First, note that details of a server on which the method operates do not limit the method to performing a particular step. Cumulatively, Prior art teaches : “the VR system controller [remote server] 12 receives user input data [interaction feedback message] from the audience devices 22 for controlling, for example, [determining] a viewpoint location and position within the 3D VR environment … VR system controller 12 can utilize a separate VR distribution server …” Reilly, Paragraph 107.
As noted above, “The business event description includes at least one of the following: zooming event, switching event and position interaction event,” another words it is a user input regarding the video content. See Specification, Paragraphs 103, 3-5. Prior art teaches examples of such user input information field type: “a viewpoint position or location and/or zoom level indicated by user input received by the audience device 22.” Reilly, Paragraphs 107, and other examples in 26-27. See additional treatment of a business key field below.)
using the business key field, and (As noted above, Reilly provides examples of field types which are similar to the fields in Specification Paragraphs 103, 3-5: “a viewpoint position or location and/or zoom level indicated by user input received by the audience device 22.” Reilly, Paragraphs 107, 26-27. Steines teaches a broader concept: “When multiple data sets, e.g. different types of data such as instrument tracking data and/or HMD or other augmented reality display system tracking data … Data sets including any of the data listed in Table 2 can optionally be labelled,” and thus provided with an information type field. See Steines, Paragraphs 196-197 and various information type fields in Table 2.)
acquire a second immersive media content which is rendered for responding to the interaction operation based on the business event; and (“The VR system controller 12 can then subsequently transmit a stream of data to the audience devices 22 that includes the real-time audio data and the real-time body movement and facial expression for the 3D VR avatars 60. … and, at 424, the VR system controller 12 outputs the audio/visual VR data to the audience devices 22.” Reilly, Paragraph 107.)
receiving, from the remote server, the second immersive media content to be displayed on a display associated with the computer device.” (“and, at 424, the VR system controller [server] 12 outputs the audio/visual VR data to the audience devices 22. In this way, the VR system controller 12 can transmit only the data needed for the particular audience device 22 to display the visual data … VR system controller 12 can utilize a separate VR distribution server …” Reilly, Paragraph 107.)
Reilly does not describe the format in which the data is transmitted and received between devices and servers. To the extent that the term “a business key field” describes a field in a data structure, it is implicit that the digital data is transmitted and received by computers as fields in a data structure.
Cumulatively, Steines teaches that data describing immersive video content and environment can be organized as information fields in tables, data sets and data packets. See Steines, Paragraphs 195-198.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to supplement the teachings of Reilly to send a message carrying a business key field in the manner described in Steines, in order for the data elements to be “transmitted and/or received simultaneously” or “all packaged within the same data packet.” See Steines, Paragraphs 196, 198.
Finally, in reviewing the present application, there does not seem to be objective evidence that the claim limitations are particularly directed to: addressing a particular problem which was recognized but unsolved in the art, producing unexpected results at the level of the ordinary skill in the art, or any other objective indicators of non-obviousness.
Claim 2: “The method according to claim 1, wherein the method further comprises:
in response to a video playback operation aiming at an immersive video, generating a playback request corresponding to the video playback operation for acquiring the first immersive media content of the immersive video and transmitting the playback request to a remote server; and (“The VR distribution server, for example, can receive the VR environment data from the VR system controller 12 and can distribute the VR environment data to the audience devices 22, as needed.” Reilly, Paragraph 107.)
receiving, from the remote server the first immersive media content returned by the remote server (“The VR distribution server, for example, … can distribute the VR environment data to the audience devices 22, as needed.” Reilly, Paragraph 107.)
and playing back the first immersive media content on the display.” (“the audience devices 22 can initially construct and display the VR environment … The VR distribution server, for example, can receive the VR environment data from the VR system controller 12” Reilly, Paragraph 107.)
Regarding Claim 3: “The method according to claim 1, wherein
the business key field comprises at least one of a first key field and a second key field, and (As described in Specification Paragraph 154, field values and information types can be added to the data structure as needed. Steines teaches the above feature in the context of displaying content on a head mounted display: “data packets (for example, as listed in Table 2) can comprise multiple types [fields] of data, e.g. data comprising instrument tracking data, data comprising HMD or other augmented reality display system tracking data and/or a data comprising patient or surgical site (e.g. a spine, joint, dental, vascular, organ or neural structure) tracking data and/or virtual user interface data and/or interaction with virtual user interface data ( e.g. with a tracked physical tool or instrument), all packaged within the same data packet.” Steines, Paragraph 198. See statement of motivation in Claim 1.)
the first key field is used for representing a zooming ratio in executing a zooming event indicated by a zooming operation when the interaction operation comprises the zooming operation; and (“viewpoint position or location and/or zoom level indicated by user input received by the audience device 22.” Reilly, Paragraph 107.)
the second key field is used for representing an event label and event status corresponding to a switching event indicated by a switching operation when the interaction operation comprises the switching operation.” (Under the broadest reasonable interpretation consistent with the specification and ordinary skill in the art, “a business event indicated by the interaction operation. The business event description includes at least one of the following: zooming event, switching event and position interaction event,” another words an event label can indicate the type of video operation to be performed and event status can indicate the parameters or amounts of the operation. See Specification, Paragraphs 103, 3-5. Prior art performs such a function: “each audience device is further configured to receive user input selecting and rotating [operation and amount] a particular [digital label] 3D VR avatar and to output the live AR image data on the display such that the particular 3D VR avatar is rotated within the environment of the audience device based on the received user input.” Reilly, Paragraph 27.)
Regarding Claim 5: “The method according to claim 1, wherein the generating an interaction feedback message corresponding to an interaction operation comprises:
determining a first information type field of the business event indicated by a triggering operation in response to the triggering operation aiming at the first immersive media content, (For example the first information type can be “The facial expression data from the facial expression sensors 16 and the body movement data from the body movement sensors 18 is received by the visual input synchronization module 30” Reilly, Paragraph 71.)
and recording an operation timestamp of the triggering operation; (“For example, the visual input synchronization module 30 can use time markers” Reilly, Paragraphs 71, 106. Similarly see Stenes, Paragraph 195.)
adding the first information type field and the operation timestamp to the interaction signaling [table] associated with the first immersive media content, and using the first information type field added to the interaction signaling table as the business key field; and (“For example, the visual input synchronization module 30 can use time markers associated with, or embedded within, the facial expression data and the body movement data to synchronize both sets” Reilly, Paragraph 71.)
See “signaling table” which is associated with the immersive media content and includes information types and timestamps exemplified as tables data sets and data packets in Stenes, Paragraphs 195-198 and Table 2.
generating the interaction feedback message corresponding to the triggering operation based on the business key field and the operation timestamp in the interaction signaling table.” (“The VR generation module receives the synchronized visual data, retrieves the previously stored 3D VR avatars corresponding to each of the performers 40 and the previously stored 3D VR instruments from the data storage 13, and manipulates the 3D VR avatars 60 in the 3D VR environment, based on the facial expression data and the body movement data,” Reilly, Paragraph 72.)
Regarding Claim 6: “The method according to claim 5, wherein
the business event indicated by a zooming operation is a zooming event in a case that the triggering operation comprises the zooming operation, and (“a viewpoint position or location and/or zoom level indicated by user input received by the audience device 22.” Reilly, Paragraph 107.)
a field mapped by the first information type field with a first field value is used for representing a zooming ratio in executing the zooming event in a case that a field value of the first information type field corresponding to the zooming operation is the first field value.” (“a viewpoint position or location and/or zoom level indicated by user input received by the audience device 22.” Reilly, Paragraph 107. See placement of information in a field in Claim 4. See treatment of fields in Claims 1 and 3)
Regarding Claim 7: “The method according to claim 1, wherein the generating an interaction feedback message corresponding to an interaction operation comprises:
determining a position interaction operation aiming at object position information as the interaction operation aiming at the first immersive media content when the object position information of the business object viewing the first immersive media content is detected; (“the 3D VR avatars being displayed at relative locations … each audience device is further configured to receive user input selecting [aiming] and rotating a particular 3D VR avatar,” which is an example of the interaction operation based on the object position information. Reilly, Paragraphs 33 and 27.)
determining a second information type field of the business event indicated by the interaction operation and recording an operation timestamp of the interaction operation; (“For example, the visual input synchronization module 30 can use time markers” Reilly, Paragraphs 71, 106. Similarly see Stenes, Paragraph 195. See statement of motivation in Claim 1)
adding the second information type field and the operation timestamp to the interaction signaling table associated with the first immersive media content, and (See incorporating data into data tables, data sets, and data packets that incorporate data fields including time stamps in Stenes, Paragraphs 196-198. See statement of motivation in Claim 1)
using the second information type field added to the interaction signaling table as the business key field; and (Prior art teaches examples of such user input information: “a viewpoint position or location and/or zoom level indicated by user input received by the audience device 22.” Reilly, Paragraph 107. See treatment of business key field in Claim 1.)
generating the interaction feedback message corresponding to the interaction operation based on the business key field and the operation timestamp in the interaction signaling table.” (“the VR system controller 12 receives user input data from the audience devices 22 for controlling, for example, a viewpoint location and position within the 3D VR environment” Reilly, Paragraphs 105, 107. As noted above and in Claim 1, the message can include a data structure such as a table with multiple fields including position information and timestamps.)
Regarding Claim 8: “The method according to claim 7, wherein
a second type position field is used for describing position change information of the business object viewing the first immersive media content in a case that the first immersive media content is an immersive media content in an immersive video, (For example where “the 3D VR avatars being displayed at relative locations” the video content is an immersive volumetric video, and “each audience device is further configured to receive user input selecting and rotating a particular 3D VR avatar,” which describes a position change information. Reilly, Paragraphs 33 and 27 and similarly in 107.)
the immersive video is a volumetric video, (This element does not appear to limit the claim to performing a particular step. Cumulatively, prior art teaches: “In other features, each audience device includes a volumetric display and the live holographic data is displayed via the volumetric display.” Reilly, Paragraph 35.)
a field value of the second information type field corresponding to the object position information is a fourth field value and the second information type field with the fourth field value comprises the second type position field.” (See arranging such data into data tables, data sets, and data packets that incorporate data fields including time stamps in Stenes, Paragraphs 196-198. Although prior art does not provide examples of identical numbering and arrangement of data in a table, it is well understood that functionality of the data structure is based on knowing in advance the format of the data structure and the arrangements of the data in the data structure. Examples of specific data arrangements or rearrangements exemplify but do not modify this prior art function and thus do not patentably distinguish the claimed invention from the prior art. See Claim Construction section above. See statement of motivation in Claim 1.)
Regarding Claim 9: “The method according to claim 1, wherein the interaction feedback message further comprises
an extended description field; the extended description field comprises at least one of a signaling table number field, a signaling table identity field, a signaling table version field and a signaling table length field, (For example, see “Table 2” in Steines, Paragraph 189. Also note that Table 2 has an identity field describing “Data or data packets for wireless transmission and/or reception …” See Steines, Paragraph 189 and Table 2. Also note that numbering and labeling the data structures and data packets is a common practice. See Stenes, Paragraphs 250, 255, 132. See statement of motivation in Claim 1.)
wherein the signaling table number field is used for representing a total number of interaction signaling tables contained in the interaction feedback message; … the signaling table identity field is used for representing an identifier of each of the interaction signaling tables contained in the interaction feedback message; … the signaling table version field is used for representing a version number of each of the interaction signaling tables; and … the signaling table length field is used for representing a length of each of the interaction signaling tables.” (Note that these element describe potential uses of the data content, but do not require the method to employ additional data structures or it content beyond the limitations of the previous claim element. See reasons for rejection of the data structures above.)
Regarding Claim 10: “The method according to claim 1, wherein
the interaction feedback message further comprises an asset group attribute field and an asset group identity field, wherein the asset group attribute field is used for representing a dependency relationship between the first immersive media content and an immersive media content set contained in a target asset group; and (“For example, the visual input synchronization module 30 can use time markers associated with, or embedded within, the facial expression data and the body movement data to synchronize both sets of data together and generate the synchronized visual data,” exemplifying asset groups with time and location dependency relationships. Reilly, Paragraph 71. See treatment of data fields in Claim 1.)
the asset group identity field is used for representing an identifier of the target asset group.” (“For example, … the facial expression data and the body movement data” exemplifying identifiers of different data asset groups. Reilly, Paragraph 71. See treatment of data fields in Claim 1.)
Regarding Claim 11: “The method according to claim 10, wherein the asset group attribute field with a first attribute field value is used for representing that the first immersive media content belongs to the immersive media content set in a case that a field value of the asset group attribute field is the first attribute field value; and the asset group attribute field with a second attribute field value is used for representing that the first immersive media content does not belong to the immersive media content set in a case that a field value of the asset group attribute field is the second attribute field value.” (“For example, … the facial expression data and the body movement data,” where the facial expression data indicates that it is facial expression data and the body movement data indicates that it is not a facial expression data. Reilly, Paragraph 71. See treatment of data fields in Claim 1.)
Regarding Claim 12: “The method according to claim 1, wherein the business key field is configured to represent first object position information of a business object viewing the first immersive media content that belongs to a panoramic video when the interaction operation comprises a first position interaction operation or second object position information of the business object viewing the first immersive media content that belongs to a volumetric video when the interaction operation comprises a second position interaction operation.” (Under the broadest reasonable interpretation consistent with the specification and ordinary skill in the art, this element represents viewpoint information (first or second) from which the to view the immersive media content. Prior art teaches this feature: “At 422, the VR system controller 12 receives user input data from the audience devices 22 for controlling, for example, a viewpoint location and position within the 3D VR environment and, at 424, the VR system controller 12 outputs the audio/visual VR data to the audience devices 22. In this way, the VR system controller 12 can transmit only the data needed for the particular audience device 22 to display the visual data of the VR environment from that particular viewpoint location” Reilly, Paragraph 107.)
Claim 13, “A computer device,” is rejected for reasons stated for Claim 1, and because prior art teaches:
“a processor and a memory, (“processor hardware (shared, dedicated, or group) that executes code and memory hardware (shared, dedicated, or group) that stores code executed by the processor hardware.” Reilly, Paragraph 119.)
the processor being connected to the memory, the memory being configured to store a computer program that, when executed by the processor, enables the computer device to perform a method for processing immersive media data,” (“processor hardware (shared, dedicated, or group) that executes code and memory hardware (shared, dedicated, or group) that stores code executed by the processor hardware.” Reilly, Paragraph 119.)
Claims 14-15, 17-19 are rejected for reasons stated for Claims 2-3, 5, 9, 12 respectively, in view of the Claim 13 rejection.
Claim 20 is rejected for reasons stated for Claim 1, and because prior art teaches: “A non-transitory computer-readable storage medium, storing a computer program that, when executed by a processor of a computer device, enables the computer device to perform a method for processing immersive media data” (“The computer programs include processor-executable instructions that are stored on at least one non-transitory computer-readable medium” Reilly, Paragraph 127.)
Claim 21 is rejected for reasons stated for Claim 2 in view of the Claim 20 rejection.
Claim 22 is rejected for reasons stated for Claim 3 in view of the Claim 20 rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIKHAIL ITSKOVICH whose telephone number is (571)270-7940. The examiner can normally be reached Mon. - Thu. 9am - 8pm.
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/MIKHAIL ITSKOVICH/Primary Examiner, Art Unit 2483
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