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 .
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Qian et al., US Patent Publication 2022/0283647 in view of Heidel, US Patent Publication 2010/0091015.
Regarding independent claim 1, Qian et al. teaches a system for modifying three-dimensional (3D) models (as given in the abstract) comprising:
one or more computers comprising one or more processors and one or more non-transitory computer readable media, the one or more non-transitory computer readable media comprising program instructions thereon that when executed cause the one or more computers (paragraphs 0024, 0029, and 0091 describe the instructions used by the software) to:
generate, by the one or more processors, a development environment (Interaction Engine of paragraphs 0040-0041) configured to enable a user to create a 3D virtual representation of a feature (paragraph 0040 explains how the user can create a 3D model of an existing piece of equipment or body part of the user);
link, by the one or more processors, the development environment to one or more external modules (paragraph 0041 explains how the Interaction Engine accesses external modules of storage locations, given in paragraph 0039 to be a database);
import, by the one or more processors, source data from the one or more external modules into the development environment (paragraph 0042 explains how the Interaction Engine uses the accessed source data that is imported by the access);
generate, by the one or more processors, one or more virtual models that include the source data in the development environment (paragraph 0043 explains the rendering of the models based on the information);
execute, by the one or more processors, a manipulation of the one or more virtual models in the development environment (paragraphs 0054-0056 explains how the model is manipulated based on the gesture instructing change), the manipulation causing a change to at least one characteristic of source data associated with the one or more virtual models (paragraph 0056 explains how the engine updates the display position of the handle based on the changed positions of the index finger portion such that the source of the handle is changed in the virtual model);
receive, by the one or more processors, instructions to execute a change to at least one characteristic of the source data (paragraph 0056 explains the adjustment of the display based on a gesture instructing change), the execution simultaneously causing: i) the changes to a runtime environment to be automatically propagated, the runtime environment displaying the one or more virtual models with the changes (paragraphs 0054-0056 explains how the model is automatically manipulated in display based on the gesture instructing change), and ii) the change to the at least one characteristic to be stored in the one or more external modules (paragraph 0039 explains that modifications to the 3D virtual representation are also stored in the same storage).
Qian et al. focuses on the display of a certain model and is silent with respect to the use of this technique in a full physical environment.
Heidel teaches a system for modifying three-dimensional (3D) models (as given in paragraph 0068) comprising:
one or more computers comprising one or more processors and one or more non-transitory computer readable media, the one or more non-transitory computer readable media comprising program instructions thereon that when executed cause the one or more computers (paragraphs 0073-0075 describe the instructions used by the software) to:
generate, by the one or more processors, a development environment configured to enable a user to create a 3D virtual representation of a physical environment (paragraph 0070 explains how the user can create a 3D model of an existing home or business or structure or vehicle or building, which are all physical environments).
It would have been obvious to one of ordinary skill in the art before the effective filing date to expand the use of the technique taught by Qian et al. to include the full physical environment as taught by Heidel. The rationale to combine would be to expand use by integrating existing and yet to be discovered products, services, and markets into the functionality, utility, applications, and overall design of 3D modeling/rendering software platforms (paragraph 0007 of Heidel).
Regarding claim 2, Qian et al. teaches the system of claim 1, wherein the change is stored in a same module from which the source data was imported (paragraph 0039 explains that modifications to the 3D virtual representation are also stored in the same storage).
Regarding claim 3, Qian et al. teaches the system of claim 2, wherein the change is stored in the same module from which the source data was imported without having to export the one or more virtual models from a runtime environment (paragraph 0039 explains that modifications to the 3D virtual representation are also stored in the same storage without describing the necessity to export the model).
Regarding claim 4, Qian et al. teaches the system of claim 1, further comprising a plurality of client computers (paragraph 0026 explains that there may be more or fewer clients although there are two illustrated); wherein each of the plurality of client computers are able to access the development environment simultaneously (paragraph 0028 explains how the client computers may perform the method that includes accessing the development environment).
Regarding claim 5, Qian et al. teaches the system of claim 4, wherein the system is configured to enable each of the plurality of client computers to make changes to the one or more virtual models (paragraph 0028 explains how the client computers may perform the method that includes changing the model).
Regarding claim 6, Qian et al. teaches the system of claim 5, wherein the changes occur in the one or more virtual models as the changes are implemented in the development environment (paragraphs 0054-0056 explains how the model is manipulated based on the gesture instructing change).
Regarding claim 7, Qian et al. teaches the system of claim 1, further including a plurality of client computers and a connection platform (figure 1A shows the connection of the client computers as described in paragraphs 0025-0027); wherein the connection platform is configured to enable the plurality of client computers to access the development environment (paragraph 0028 explains how the client performs the method that includes accessing the development environment).
Regarding claim 8, Qian et al. teaches the system of claim 7, wherein the development environment is not executing in a runtime of any of the plurality of client computers (paragraphs 0025-0028 do not explain the development environment to be executing in a runtime of the client computers).
Regarding claim 9, Qian et al. teaches the system of claim 8, wherein changes in the development environment are automatically propagated to one or more modules stored separately from both the plurality of client computers and the development environment (paragraph 0039 explains that modifications to the 3D virtual representation are also stored in the same storage that is separate from the client computers and development environment).
Regarding claim 10, Qian et al. teaches the system of claim 9, wherein the changes are automatically propagated as they occur (paragraphs 0054-0056 explains how the model is automatically manipulated based on the gesture instructing change).
Regarding claim 11, Qian et al. teaches the system of claim 1, wherein the one or more external modules include one or more of a metaverse template module, an asset template module, a storage database (paragraph 0039 defines the external module as a storage database 120), a customer upload module, and an external data source module.
Regarding claim 12, Qian et al. teaches the system of claim 3, wherein the one or more external modules include one or more of a metaverse template module, an asset template module, a storage database (paragraph 0039 defines the external module as a storage database 120), a customer upload module, and an external data source module.
Regarding claim 13, Qian et al. teaches the system of claim 1, wherein the one or more external modules includes a change management module configured for maintaining changes to virtual modules (paragraph 0039 describes the management of modifications made as given in paragraph 0056).
Regarding claim 14, Qian et al. teaches the system of claim 13, wherein the change management module is configured to store a record of the changes in a respective external module from which the source data originated (paragraph 0039 explains that modifications to the 3D virtual representation are also stored in the same storage).
Regarding claim 15, Qian et al. teaches the system of claim 14, wherein the changes are stored in the respective external module as the changes are implemented in the development environment (paragraph 0039 explains that modifications to the 3D virtual representation are also stored in the same storage).
Response to Arguments
Applicant's arguments filed 12/10/25 have been fully considered but they are not persuasive. Applicant contends that the claims are allowable as amended as Qian et al. does not teach an update to the source data of the virtual models. The examiner disagrees. This feature was not previously claimed and has now been rejected above. Paragraph 0056 of Qian et al. teaches updates to the display position of the handle in accordance with input, which is an update to the source data of the handle. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., changing the source data) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/PARUL H GUPTA/Primary Examiner, Art Unit 2627