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 .
Response to Amendment
This Office Action is in response to Applicant’s amendment/response filed on 07 August 2026, which has been entered and made of record.
Response to Arguments
Applicant's arguments filed 07 August 2026 have been fully considered but they are not persuasive.
Regarding the nonstatutory double patenting rejection, Applicant argues “the amended claims are directed to generation-method-based format conversion, rather than selection from among a plurality of pre-generated material data” (Remarks, pg. 8). As described in the rejection below, the “generation-method-based format” part is recited in dependent claims 8 and 22 of the patent, and the “conversion” part is taught by the reference Hwang. The combination of Hwang with the patented claims in the rejection below shows that the current claims are obvious variations of the patented claims.
Regarding the prior art rejections, Applicant argues “Hwang does not disclose or suggest acquiring information regarding a generation method of a virtual viewpoint image to be used by the different apparatus … the claimed ‘generation method’ concerns how the virtual viewpoint image is generated, not merely what file extension or supported file format a terminal can handle … Hwang does not disclose that the sender acquires information regarding the generation method of a virtual viewpoint image used by the different apparatus” (Remarks, pg. 10). The Examiner respectfully disagrees. As a first matter, the claimed “information regarding a generation method” is interpreted to mean any information about (e.g. related to, corresponding to, etc.) the generation method on the destination apparatus. It is not disputed that the destination apparatus of Hwang processes certain compatible file formats. That alone would be enough to teach the claimed “information regarding a generation method” because the list of which file formats the image generation method of Hwang is able to process is a form of “information” about that generation method. Additionally, paras. 101-103 of Hwang teach sending a small amount of test data to the destination apparatus and checking the output to make sure that the image generation method on the destination apparatus can actually handle that data format. If the image generation method of Hwang produces unsatisfactory results based on the test data processing, then the 3D model format is converted to another format. This teaches converting the 3D model format based on “information regarding a generation method” such as an output of the image generation method.
Any remaining arguments are considered moot based on the foregoing.
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, 8, 24, and 25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8 and 22 of U.S. Patent 12,400,392 in view of Hwang et al. (KR 10-2020-0072321; hereinafter “Hwang”; machine translation used for citations). The patented claims teach each limitation (or a trivial variation) of the current claims, except for the language related to “converting” between formats, which is rendered obvious by Hwang. Note that in the technology area of computer graphics, different statutory categories such as an apparatus having a processor and memory for performing functions and a method that performs the same functions are considered trivial variations of each other.
The following table illustrates a mapping of the conflicting claims:
Current Application
1
8
24
25
U.S. Patent
8
22
8
8
The following table illustrates a sample mapping of the limitations of claim 1 of the present application when compared against the limitations of dependent claim 8 (including the limitations of parent claim 1) of the U.S. Patent:
Current Application
U.S. Patent
1. An information processing apparatus comprising: one or more memories storing instructions; and one or more processors executing the instructions to:
1. An information processing apparatus comprising: one or more memories storing instructions; and one or more processors executing the instructions to:
acquire material data that is to be used for generation of a virtual viewpoint image that is based on a plurality of captured images obtained by a plurality of imaging apparatuses performing image capturing of a subject,
acquire a plurality of material data for use in generation of a virtual viewpoint image based on a plurality of images captured with a plurality of imaging apparatuses by imaging an object,
and is material data represented by a first format … a second format;
the plurality of material data including first material data and second material data different from the first material data;
acquire, from a different apparatus that is an output destination of the material data, information regarding a generation method of a virtual viewpoint image to be used by the different apparatus;
[claim 8] wherein the information includes information about a virtual viewpoint image generation method that the other apparatus uses
and output the material data … [in the] second format, to the different apparatus
and output, to another apparatus ... material data that is selected … from among the acquired plurality of material data
The patented claims do not recite convert the acquired material data from the first format into a second format of material data processable by the different apparatus, the second format being identified based on the acquired information or outputting the material data converted into the second format. In other words, the patented claims recite first and second material data, but do not disclose that the second material data is generated by converting the first material data.
In the same art of transmitting 3D data for display, Hwang teaches convert the acquired material data from the first format into a second format of material data processable by the different apparatus, the second format being identified based on the acquired information or outputting the material data converted into the second format (“convert the format of the first model information according to the format of the three-dimensional model information supported by the first terminal device,” para. 10).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the techniques of Hwang to the patented claims. The motivation would have been to “effectively convert the quality of a 3D model according to the performance of a terminal device” (Hwang, para. 86).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 7-10, 13-22, 24, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang et al. (KR 10-2020-0072321; hereinafter "Hwang"; machine translation used for citations).
Regarding claim 1, Hwang discloses An information processing apparatus comprising: one or more memories storing instructions; and one or more processors executing the instructions (“a holoportation service that supports various types of terminal devices,” para. 1) to: acquire material data that is to be used for generation of a virtual viewpoint image (“a first sensor unit that senses a first object; a first restoration server that restores a three-dimensional model of the first object through the sensing to generate first model information,” para. 8) that is based on a plurality of captured images obtained by a plurality of imaging apparatuses performing image capturing of a subject (“The sensor unit may be composed of sensors such as multiple cameras,” para. 42), and is material data represented by a first format (“first model information,” para. 8), acquire, from a different apparatus that is an output destination of the material data, information regarding a generation method of a virtual viewpoint image to be used by the different apparatus (“transmit test data … to check whether the test data is normally performed in the terminal device … even if a 3D mesh is selected as a 3D model type in a terminal device, if the 3D model type conversion unit determines that the 3D mesh cannot be displayed normally in the terminal device … the 3D model type conversion unit can convert the 3D model corresponding to the 3D model information into a 3D point cloud,” paras. 101-103; determining whether a generation method on the destination apparatus succeeded when processing a particular data format is considered “information regarding a generation method”); convert the acquired material data from the first format into a second format of material data processable by the different apparatus, the second format being identified based on the acquired information (“converts the first model information,” para. 8; “convert the format of the first model information according to the format of the three-dimensional model information supported by the first terminal device,” para. 10); and output the material data converted into the second format, to the different apparatus (“transmits the converted first model information; and a first terminal device that receives the converted first model information,” para. 8).
Regarding claim 2, Hwang discloses wherein a format of material data to be converted is a format for identifying a kind of material data (“convert a 3D model corresponding to the first model information into a 3D point cloud or a 3D mesh depending on the type of 3D model supported by the first terminal device,” para. 13).
Regarding claim 3, Hwang discloses wherein the information includes information regarding a type of the different apparatus (“the terminal device management unit can receive the identifier or IP address of the terminal device and information about the performance of the terminal device from each terminal device,” para. 106).
Regarding claim 4, Hwang discloses wherein the information includes information regarding processing capability of the different apparatus (“extract information on the performance of the terminal device,” para. 106).
Regarding claim 7, Hwang discloses generate a virtual viewpoint image represented by a third format, based on the acquired material data, and convert a format of the generated virtual viewpoint image, from the third format into a fourth format (“convert the format of the first model information or the second model information, or convert the quality, size, or type of a three-dimensional model corresponding to the first model information or the second model information,” para. 77).
Regarding claim 8, it is rejected using the same citations and rationales described in the rejection of claim 1, with the additional limitation generate a virtual viewpoint image based on the acquired material data (“generate 2D image information,” Hwang, para. 110; “a two-way holoportation providing system according to one embodiment is configured to include a first/second sensor unit, a first/second restoration server, a first/second relay server, and a first/second terminal device,” Hwang, para. 33).
Regarding claims 9 and 10, they are rejected using the same citations and rationales described in the rejections of claims 3 and 4, respectively.
Regarding claim 13, Hwang discloses wherein material data represented by the second format is data including point cloud data indicating a three-dimensional shape of the subject (“convert a 3D model corresponding to the first model information into a 3D point cloud,” para. 13), and texture data indicating a color of the subject (“3D model information … may include geometric information, color information,” para. 47).
Regarding claim 14, Hwang discloses wherein material data represented by the second format is data including point cloud data indicating a three-dimensional shape of the subject (“convert a 3D model corresponding to the first model information into a 3D point cloud,” para. 13) and a color of the subject (“3D model information … may include geometric information, color information,” para. 47).
Regarding claim 15, Hwang discloses wherein material data represented by the second format is data including mesh data indicating a three-dimensional shape of the subject (“convert a 3D model corresponding to the first model information into … a 3D mesh,” para. 13) and a color of the subject (“3D model information … may include geometric information, color information,” para. 47).
Regarding claim 16, Hwang discloses wherein material data represented by the second format is data including mesh data indicating a three-dimensional shape of the subject (“convert a 3D model corresponding to the first model information into … a 3D mesh,” para. 13), and texture data indicating a color of the subject (“3D model information … may include geometric information, color information,” para. 47).
Regarding claim 17, Hwang discloses wherein material data represented by the first format is data including point cloud data indicating a three-dimensional shape of the subject (“The first model information or the second model information may correspond to a 3D point cloud or mesh information,” para. 46), and texture data indicating a color of the subject (“3D model information … may include geometric information, color information,” para. 47).
Regarding claim 18, Hwang discloses wherein material data represented by the first format is data including point cloud data indicating a three-dimensional shape of the subject (“The first model information or the second model information may correspond to a 3D point cloud or mesh information,” para. 46) and a color of the subject (“3D model information … may include geometric information, color information,” para. 47).
Regarding claim 19, Hwang discloses wherein material data represented by the first format is data including mesh data indicating a three-dimensional shape of the subject (“The first model information or the second model information may correspond to a 3D point cloud or mesh information,” para. 46), and texture data indicating a color of the subject (“3D model information … may include geometric information, color information,” para. 47).
Regarding claim 20, Hwang discloses wherein material data represented by the first format is data including mesh data indicating a three-dimensional shape of the subject (“The first model information or the second model information may correspond to a 3D point cloud or mesh information,” para. 46) and a color of the subject (“3D model information … may include geometric information, color information,” para. 47).
Regarding claim 21, Hwang discloses wherein a format of the material data is a format regarding information for identifying a data amount of material data (“the 3D model quality conversion unit can adjust or improve the image quality of AR/VR, etc. displayed on the terminal device by proportionally reducing the number of vertices of the 3D model according to the performance of the terminal device,” para. 84).
Regarding claim 22, Hwang discloses wherein the information for identifying a data amount of material data includes information regarding a resolution of the material data (“the 3D model quality conversion unit can adjust or improve the image quality of AR/VR, etc. displayed on the terminal device by proportionally reducing the number of vertices of the 3D model according to the performance of the terminal device,” para. 84; a number of vertices used in a model can be considered a resolution of the 3D model).
Regarding claims 24 and 25, they are rejected using the same citations and rationales described in the rejection of claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang in view of Liang et al. (US 11,308,687; hereinafter “Liang).
Regarding claim 6, Hwang does not specifically recite wherein the information includes information regarding a format of a virtual viewpoint image displayable by the different apparatus.
In the same art of transmitting 3D data for display, Liang teaches wherein the information includes information regarding a format of a virtual viewpoint image displayable by the different apparatus (“if the client device includes the ability to display shadows based on normals that can be transmitted to the device, then the type of data transmitted from the server can include those normals for rendering on the client device. However, if such a capability does not exist on the client device, then the server can generate shadow images and transmit the images or frames to the client device,” col. 10, lines 45-55).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Liang to Hwang. The motivation would have been to improve efficiency while maintaining image quality.
Regarding claim 12, it is rejected using the same citations and rationales described in the rejection of claim 6.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang in view of Xie et al. (US 2019/0378341; hereinafter “Xie”).
Regarding claim 23, Hwang does not disclose wherein the information for identifying a data amount of material data includes information regarding a frame rate of the material data.
In the same art of transmitting 3D data for display, Xie teaches wherein the information for identifying a data amount of material data includes information regarding a frame rate of the material data (“The device characteristics may be received from a client device, such as in association with a request for a 3D model of an item … e.g., a threshold rendering frame rate or resolution,” para. 42).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Xie to Hwang. The motivation would have been to “automatically generate optimized sampled 3D models” (Xie, para. 20).
Conclusion
Applicant's amendment necessitated any new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/RYAN MCCULLEY/Primary Examiner, Art Unit 2611
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