DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/16/2026 has been entered.
Response to Arguments
3. Applicant’s arguments with respect to claim(s) 1 and 4-34 have been considered but are moot in view of a new ground(s) of rejection discussed below. The amendments to the claims necessitated the new ground(s) of rejection. This office action is non-Final.
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 1 and 4-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHUDEN et al (2020/0106968) in view of YOSHIDA et al (2021/0258505)
As to claim 1 and 4-10, SHUDEN discloses recording and generating video program and other information and information processing device and further discloses and image processing apparatus comprising:
a processor; and a memory connected to or built in the processor (figs.2, 16 and [0032-0050]) , wherein the processor
acquires a virtual viewpoint image generated based on a plurality of captured images, and outputs, based on first information associated with a first region related to the virtual viewpoint image and specific image relation information (various enhancements) related to a plurality of specific images that are not included in the plurality of captured images, first data for displaying a first specific image selected from among the plurality of specific images in the first region (figs.1-16, Abstract, [0024-0030], [0036-0042] and [0046-006]); free viewpoint video or the virtual viewpoint view is generate from a captured object image (one or two players) from plurality of cameras (with specific camera parameters); wherein the first information includes first content relation information related to a content of the virtual viewpoint image; wherein the specific image relation information includes second content relation information related to a content of the specific image, and the first specific image is a specific image related to the specific image relation information including the second content relation information corresponding to the first content relation information among the plurality of specific images (figs.1-16, Abstract, [0024-0030], [0036-0042] and [0046-006]); free viewpoint video or the virtual viewpoint view is generate from a captured object image (one or two players) from plurality of cameras (with specific camera parameters); captured image(s) combined with various enhancements: predetermined enhancements: background information or area and other similar virtual objects, non-moving objects or other enhancements: ads, graphics (size, color, etc.), etc. and virtual ads are generated and inserted; ad(s) are inserted in an area with size desired for ad(s); wherein the first information includes first advertisement effect relation information related to an advertisement effect and wherein the first information includes first size relation information related to a size in which the first specific image is displayed in the first region; wherein the first information includes first viewpoint information required for generation of the virtual viewpoint image and wherein the first viewpoint information includes information related to a first viewpoint path ([0024-0030], [0036-0042], [0046-006], [[0069-0083] and [0085-0114), other enhancements: specific ads, graphics (size, color, etc.), etc. are generated using specific objects, generating plurality of ads and associated background information, other specific information or specific enhancements where the ads are sized for specific regions or areas; viewpoint position of the free virtual video may be specific and generated as desired and transmitted to the requestor; the data further incudes player movement from one position to the other or from one motion to the next motion; further generates video of non-moving areas.
SHUDEN identifies specific subject(s) and identifies information related to the subjects on the virtual viewpoint image(s) or object(s) and processes the information accordingly; processes specific player data, data on the ball, etc., and/or related data, etc., accordingly; BUT silent as to where the information obtained generated by performing subject recognition processing on the virtual image and processing the specific image related information and the content.
However, in the same field of endeavor, YOSHIDA discloses image processing, apparatus and method and further discloses obtaining information by performing subject recognition process on the virtual image and processing other related information accordingly (figs.1+, Abstract, [0065-0072], [0082-0088] and [0098-0112]).
Hence it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the teaching of YOSHIDA into the system of SHUDEN to efficiently generate specific data tailored to the a specific subject matter on the virtual viewpoint image or object.
As to claims 8-9, SHUDEN further discloses wherein the first information includes first display time relation information related to a time in which the first region is displayed and wherein the first display time relation information is information related to a time in which the first region is continuously displayed ([0069-0075] and [0085-0099])
As to claims 10-11, SHUDEN further discloses wherein the specific image is a moving image, the specific image relation information includes a playback total time of the moving image, and the processor generates the first data based on the first display time relation information and the playback total time; wherein the specific image is a moving image, the specific image relation information includes a playback total time of the moving image, and the processor selects the first specific image based on the first display time relation information and the playback total time ([0046-006], [[0069-0083] and [0085-0114), note remarks in claims 1-5.
As to claims 12-14, SHUDEN further disclose wherein wherein the virtual viewpoint image is a moving image, and the first information includes first timing relation information related to a timing at which the first region is included in the virtual viewpoint image; wherein the first information includes first movement speed relation information related to a movement speed of a first viewpoint required for generation of the virtual viewpoint image and wherein the first information is changed according to at least one of a viewpoint position, a visual line direction, or an angle of view required for generation of the virtual viewpoint image ([0046-006], [[0069-0083] and [0085-0114), note remarks in claims 1-5.
As to claims 15-19, SHUDEN further disclose wherein the processor further outputs, based on second information associated with a second region related to the virtual viewpoint image and the specific image relation information, second data for displaying a second specific image selected from among the plurality of specific images in the second region; wherein the second information includes second advertisement effect relation information related to an advertisement effect; wherein the second information includes second size relation information related to a size in which the second specific image is displayed in the second region; wherein the second information includes second viewpoint information required for generation of the virtual viewpoint image and wherein the second viewpoint information includes information related to a second viewpoint path ([0024-0030], [0036-0042], [0046-006], [[0069-0083] and [0085-0114), note remarks in claim 1-5.
As to claims 20-23, SHUDEN further disclose wherein the second information includes second display time relation information related to a time in which the second region is displayed; wherein the second display time relation information is information related to a time in which the second region is continuously displayed; wherein the specific image is a moving image, the specific image relation information includes a playback total time of the moving image, and the processor generates the second data based on the second display time relation information and the playback total time and wherein the specific image is a moving image, the specific image relation information includes a playback total time of the moving image, and the processor selects the second specific image based on the second display time relation information and the playback total time ([0024-0030], [0036-0042], [0046-006], [[0069-0083] and [0085-0114), note remarks in claims 1-5.
As to claims 24-26, SHUDEN further disclose wherein the virtual viewpoint image is a moving image, and the second information includes second timing relation information related to a timing at which the second region is included in the virtual viewpoint image; wherein the second information includes second movement speed relation information related to a movement speed of a second viewpoint required for generation of the virtual viewpoint image and wherein the second information is changed according to at least one of a viewpoint position, a visual line direction, or an angle of view required for generation of the virtual viewpoint image([0024-0030], [0036-0042], [0046-006], [[0069-0083] and [0085-0114), note remarks in claims 1-5.
Claims 27-28 are met as previously discussed in claims 1-6
As to claims 29-30, the claimed “An image processing apparatus comprising…” is composed of the same structural elements that were discussed in claims 1-5.
As to claim 31, the claimed “An image processing method comprising…” is composed of the same structural elements that were discussed in claims 1-5.
As to claim 32, the claimed “An image processing method comprising…” is composed of the same structural elements that were discussed in claims 1-5.
As to claim 33-34, the claimed “A non-transitory…” is composed of the same structural elements that were discussed in claims 1-5.
As to claim 34, the claimed “A non-transitory…” is composed of the same structural elements that were discussed in claims 1-5
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached Monday-Friday 7-4.
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/ANNAN Q SHANG/ Primary Examiner, Art Unit 2424
ANNAN SHANG
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