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 .
DETAILED ACTION
This communication is in response to the Amendment filed on 07/22/2026.
In the Instant amendment, claims 2-6 were canceled; Claims 1, 11, 13 and 15-17 have been amended; Claims 1, 11 and 16-17 are independent claims; Claims 1 and 7-20 have been examined and are pending. This Action is made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS), submitted on 09/04/2026, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
While Applicant’s arguments are not found persuasive, in attempt to accelerate the process of prosecution, the Examiner applies new ground(s) of rejections to reject claims 1 and 7-20 under 35 U.S.C. 103 as being unpatentable over Ogasawara (US 2021/0349620), published on Nov. 11, 2021, in view of Depies et al. (“Depies,” US 2017/0264945), published on Sep. 14, 2017, and further in view of Matsubayashi (US 2020/0073541), published on Mar. 05, 2020. Please refer to the Claim Rejections section below for details.
The Examiner respectfully suggests that the claim be further amended and details in the specification be incorporated to distinguish the claimed invention over prior art of record. Should the Applicant desire an interview to further clarify the claim interpretation/rejections, please contact the Examiner at (571) 270 3230 to schedule an interview.
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 of this title, 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, 7, 9 and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ogasawara (US 2021/0349620), published on Nov. 11, 2021, in view of Depies et al. (“Depies,” US 2017/0264945), published on Sep. 14, 2017, and further in view of Matsubayashi (US 2020/0073541), published on Mar. 05, 2020.
Regarding claim 1, Ogasawara discloses an image processing apparatus comprising (Figs. 2A-2B):
one or more memories storing instructions (Figs. 2A-2B); and
one or more processors executing the instructions to (Figs. 2A-2B):
generate a virtual viewpoint image based on a plurality of images captured by a plurality of image capturing apparatuses (pars. 0059-0060, 0074 and 0152; Figs. 5A-8C; generating the virtual viewpoint image from the multi-viewpoint images), and based on information indicating a position and an orientation of a virtual camera (pars. 0074, 0081, 0089-0091 and 0152; Figs. 5A -8C; step S609, generating and rendering a virtual viewpoint image in a case where image capturing is performed with the position and orientation of the virtual camera);
output the generated virtual viewpoint image and [[permission]] information in association with each other, the [[permission]] information being included in the metadata of the generated virtual viewpoint image (pars. 0162-0167; Figs. 7B-7E; virtual viewpoint image and camera operation features displayed on the image display device; see also Fig. 8C).
Ogasawara discloses output the generated virtual viewpoint image and information as recited above, but does not explicitly disclose output the permission information, and indicating that an operation of the virtual camera corresponding to the generated virtual viewpoint image is permitted when the generated virtual viewpoint image is acquired or processed by another apparatus.
However, Depies discloses a system for viewing sport content, wherein the system configured to output the permission information, and indicating that an operation of the virtual camera corresponding to the generated virtual viewpoint image is permitted when the generated virtual viewpoint image is acquired or processed by another apparatus (Depies: pars. 0104-0105; Figs. 9-16; if the options have already been selected, but the user does not have permission to view the selected game according to the options selected, the display module 758 may display a message indicating permission denied; otherwise [i.e., when the user has permission], a window is displayed allowing the user to pay for the options selected).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of Depies with the system/method of Ogasawara. One would have been motivated to display a message indicating permission denied or granted allowing the user to pay for the selected seat option (Depies: par. 0104).
Ogasawara and Depies disclose permission information as recited above, but do not explicitly disclose the for each of an X-axis value, a Y-axis value, a Z-axis value, a pan value, a tilt value, and a roll value of the virtual camera, information indicating whether an operation of the value is permitted and information indicating an operable range of the value when the operation of the value is permitted.
However, Matsubayashi discloses a method for performing an operation of a virtual viewpoint, in which for each of an X-axis value, a Y-axis value, a Z-axis value, a pan value, a tilt value, and a roll value of the virtual camera, information indicating whether an operation of the value is permitted and information indicating an operable range of the value when the operation of the value is permitted (Matsubayashi: pars. 0065-0069; when user is allowed to control the viewpoint, camera control tab is displayed enabling user to control/select X, Y, Z, pan tilt values within the control range using slide bars 513).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of Matsubayashi with the system/method of Ogasawara and Depies. One would have been motivated to enable user to control the viewpoint to a desired position within permitted ranges (Matsubayashi: pars. 0065-0069).
Regarding claim 7, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 1.
Ogasawara and Matsubayashi further disclose wherein the information indicating the position and the orientation of the virtual camera is information specified based on a user operation (Ogasawara: pars. 0067-0069, 0074, 0089-0091 and 0124-0129; Figs. 5-8; position and orientation of the virtual camera are changed in manual operation; Matsubayashi: pars. 0041-0045 and 0065-0069; Figs. 4-6 and 8-11).
Regarding claim 9, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 1.
Ogasawara and Matsubayashi further disclose wherein the information indicating the position and the orientation of the virtual camera is information indicating positions and orientations of the virtual camera corresponding to two or more frames (Ogasawara: pars. 0142-0149 and 0154; Figs. 4-7; the loop processing of steps S602 to S611 [including executing manual operation for changing position and orientation of the camera] is executed for each frame as previously described, the frame number in the timecode is incremented every one loop process; Matsubayashi: pars. 0041-0045 and 0065-0069; Figs. 4-6 and 8-11).
Regarding claim 11, Ogasawara discloses an image processing apparatus comprising (Figs. 2A-2B):
one or more memories storing instructions (Figs. 2A-2B); and
one or more processors executing the instructions to (Figs. 2A-2B):
acquire a virtual view point image generated by a first apparatus different from the image processing apparatus (pars. 0046-0050; Figs. 1A-1B; sensor system 1011-101n; image recording apparatus 102; image display apparatus 104)
acquire, in a case where [[permission]] information indicating that an operation of a virtual camera is permitted is included in metadata of the acquired virtual view point image, operation information corresponding an operation of the virtual camara (pars. 0067-0073, 0121-0128 and 0132-0134; Figs. 5A and 8A-8C allowing/permitting user to slide knobs 522/523/524 within sliders 512/513/524 to control the virtual camera; see also pars. 0080-0088 and 0090-0096; manual operation accepts input information from a user), information indicating a position and an orientation of the virtual camera (pars. 0084-0088 and 0094-0099; Figs. 5A and 7-8; determining the orientation and position of the virtual camara in response to user input in manual operation); and
generate a virtual viewpoint image based on material data used to generate the acquired virtual viewpoint image (pars. 0059-0060, 0074 and 0152; Figs. 5A-8C; generating the virtual viewpoint image from the multi-viewpoint images) and the acquired operation information (pars. 0162-0167 and 0170; Figs. 7B-7E; virtual viewpoint image and camera operation features displayed on the image display device; see also Fig. 8C).
Ogasawara discloses output the generated virtual viewpoint image and information as recited above but does not explicitly disclose that an operation of a virtual camara corresponding to the acquired virtual viewpoint image is permitted; and the operable range indicated by the permission information and indicating a position and an orientation of the virtual camera.
However, Depies discloses a system for viewing sport content, wherein an operation of a virtual camara corresponding to the acquired virtual viewpoint image is permitted; and the operable range indicated by the permission information and indicating a position and an orientation of the virtual camera (Depies: pars. 0104-0105; Figs. 9-16; if the options have already been selected, but the user does not have permission to view the selected game according to the options selected, the display module 758 may display a message indicating permission denied; otherwise [i.e., when the user has permission], a window is displayed allowing the user to pay for the options selected).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of Depies with the system/method of Ogasawara. One would have been motivated to display a message indicating permission denied or granted allowing the user to pay for the selected seat option (Depies: par. 0104).
Ogasawara and Depies disclose permission information as recited above, but do not explicitly disclose the for each of an X-axis value, a Y-axis value, a Z-axis value, a pan value, a tilt value, and a roll value of the virtual camera, information indicating whether an operation of the value is permitted and information indicating an operable range of the value when the operation of the value is permitted.
However, Matsubayashi discloses a method for performing an operation of a virtual viewpoint, in which for each of an X-axis value, a Y-axis value, a Z-axis value, a pan value, a tilt value, and a roll value of the virtual camera, information indicating whether an operation of the value is permitted and information indicating an operable range of the value when the operation of the value is permitted (Matsubayashi: pars. 0065-0069; when user is allowed to control the viewpoint, camera control tab is displayed enabling user to control/select X, Y, Z, pan tilt values within the control range using slide bars 513).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of Matsubayashi with the system/method of Ogasawara and Depies. One would have been motivated to enable user to control the viewpoint to a desired position within permitted ranges (Matsubayashi: pars. 0065-0069).
Regarding claim 12, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 11.
Ogasawara and Matsubayashi further disclose wherein the material data is a plurality of images captured by a plurality of image capturing apparatuses, or a three-dimensional shape model (Ogasawara: par. 0088; Figs. 3C-3D; the position of the virtual camera is expressed by the coordinates (x, y, z) of the three-dimensional space and the orientation is expressed by a unit vector that makes a scalar of the component of each axis; Matsubayashi: pars. 0042 and 0089).
Regarding claim 13, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 11.
The combination of Ogasawara and Depies further discloses wherein the one or more processors further execute the instructions to generate a virtual viewpoint image that is different from the acquired virtual viewpoint image (Ogasawara: pars. 0074, 0089-0091, 0152 and 0162-0167; Figs. 5A-8C; rendering and generating virtual viewpoint image based in manual operation; Depies: pars. 0104-0105; Figs. 9-16).
The motivation is the same that of claim 11 above.
Regarding claim 14, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 11.
The combination of Ogasawara and Depies further discloses wherein the one or more processors further execute the instructions to output, to another apparatus, the generated virtual viewpoint image (Ogasawara: pars. 0074, 0089-0091, 0152 and 0162-0167; Figs. 5A-8C; rendering and generating virtual viewpoint image based in manual operation; Depies: pars. 0104-0105; Figs. 9-16).
The motivation is the same that of claim 11 above.
Regarding claim 15, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 11.
Ogasawara and Depies further disclose wherein the operation information is acquired by a user operation (Ogasawara: pars. 0074, 0081, 0089-0091 and 0152; manual operations changing position and orientation of the cameras; Figs. 5-8; Depies: pars. 0104-0105; Figs. 9-16).
Regarding claim 16, claim 16 is directed to a method corresponding the image processing apparatus recited in claim 1. Claim 16 is similar in scope to claim 1, and is therefore rejected under similar rationale.
Regarding claim 17, claim 17 is directed to a non-transitory computer-readable storage medium corresponding the image processing apparatus recited in claim 1. Claim 17 is similar in scope to claim 1, and is therefore rejected under similar rationale.
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ogasawara (US 2021/0349620), published on Nov. 11, 2021, in view of Depies et al. (“Depies,” US 2017/0264945), published on Sep. 14, 2017, and Matsubayashi (US 2020/0073541), published on Mar. 05, 2020, and further in view of White (US 2022/0222719), published on Jul. 14, 2022.
Regarding claim 8, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 7.
Ogasawara and Matsubayashi further disclose wherein the information indicating the position and the orientation of the virtual camera is information indicating positions and orientations of the virtual camera corresponding to two or more discontinuous frames (Ogasawara: pars. 0067-0069, 0074, 0089-0091 and 0124-0129; Figs. 5-8; position and orientation of the virtual camera are changed in manual operation; Matsubayashi: pars. 0041-0045 and 0065-0069; Figs. 4-6 and 8-11).
Ogasawara, Depies and Matsubayashi do not explicitly disclose information indicating positions and orientations of the virtual camera is associated with a non-fungible token.
However, White discloses a video sharing system wherein information of the virtual camera is associated with a non-fungible token (White: pars. 0021-0022 and 0039; the nonfungible token (NFT) can be specifically associated with the video segment for the purpose of authentication).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of White with the system/method of Ogasawara, Depies and Matsubayashi. One would have been motivated to utilize non-fungible token to authenticate users for controlling access to video sharing system (White: par. 0039).
Regarding claim 10, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 1.
Ogasawara, Depies and Matsubayashi do not explicitly disclose wherein the virtual viewpoint image is associated with a non-fungible token.
However, White discloses a video sharing system, wherein the virtual viewpoint image is associated with a non-fungible token (White: pars. 0021-0022 and 0039; the nonfungible token (NFT) can be specifically associated with the video segment for the purpose of authentication)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of White with the system/method of Ogasawara, Depies and Matsubayashi. One would have been motivated to utilize non-fungible token to authenticate users for controlling access to video sharing system (White: par. 0039).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ogasawara (US 2021/0349620), published on Nov. 11, 2021, in view of Depies et al. (“Depies,” US 2017/0264945), published on Sep. 14, 2017, and Matsubayashi (US 2020/0073541), published on Mar. 05, 2020, and further in view of Yamamoto et al. (“Yamamoto,” US 2016/0125324), published on May 05, 2016.
Regarding claim 18, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 1.
Ogasawara, Depies and Matsubayashi do not explicitly disclose wherein an amount of money purchased by a first user for the virtual viewpoint image is higher than an amount of money purchased by a second user for the virtual viewpoint image, and the range in which the first user can operate at least one of the position and the orientation of the virtual camera is wider than the range in which the second user can operate at least one of the position and the orientation of the virtual camera.
However, Yamamoto discloses a system wherein an amount of money purchased by a first user for the virtual viewpoint image is higher than an amount of money purchased by a second user for the virtual viewpoint image, and the range in which the first user can operate at least one of the position and the orientation of the virtual camera is wider than the range in which the second user can operate at least one of the position and the orientation of the virtual camera (Yamamoto: pars. 0074-0079 and 0208-0211; Figs. 2, 8-10 and 13-16; a video close to a stage to allow a cast member 41 to be viewed largely is delivered for a user of a virtual seat of a high price or grade; on the other hand, a video far from the stage is delivered to allow the cast member 41 to be viewed small, as illustrated in the middle or lower diagram, as the user is of a virtual seat of a low price or grade; thereby, a virtual seat is created).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of Yamamoto with the system/method of Ogasawara, Depies and Matsubayashi. One would have been motivated to provide users with a plurality of seat options with different prices based on different views to the stage (Yamamoto: pars. 0074-0079).
Regarding claim 19, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 1.
Ogasawara, Depies and Matsubayashi do not explicitly disclose wherein an amount of money purchased by a first user for the virtual viewpoint image is higher than an amount of money purchased by a second user for the virtual viewpoint image, the first user is able to operate the position and the orientation of the virtual camera, and the second user is not able to operate the position of the virtual camera but is able to operate the orientation of the virtual camera.
However, Yamamoto discloses a system wherein an amount of money purchased by a first user for the virtual viewpoint image is higher than an amount of money purchased by a second user for the virtual viewpoint image, the first user is able to operate the position and the orientation of the virtual camera, and the second user is not able to operate the position of the virtual camera but is able to operate the orientation of the virtual camera (Yamamoto: pars. 0074-0079, 0087-0092, 0125-0127 and 0208-0211; Figs. 2, 8-10 and 13-16).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of Yamamoto with the system/method of Ogasawara, Depies and Matsubayashi. One would have been motivated to provide users with a plurality of seat options with different prices based on different views to the stage (Yamamoto: pars. 0074-0079).
Regarding claim 20, Ogasawara, Depies and Matsubayashi disclose the image processing apparatus according to claim 1.
Ogasawara, Depies and Matsubayashi do not explicitly disclose wherein an amount of money purchased by a first user for the virtual viewpoint image is higher than an amount of money purchased by a second user for the virtual viewpoint image, the first user is able to operate at least one of the position and the orientation of the virtual camera, and the second user is not permitted to operate the position and the orientation of the virtual camera.
However, Yamamoto discloses a system wherein an amount of money purchased by a first user for the virtual viewpoint image is higher than an amount of money purchased by a second user for the virtual viewpoint image, the first user is able to operate at least one of the position and the orientation of the virtual camera, and the second user is not permitted to operate the position and the orientation of the virtual camera (Yamamoto: pars. 0074-0079, 0087-0092, 0125-0127 and 0208-0211; Figs. 2, 8-10 and 13-16).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine teachings of Yamamoto with the system/method of Ogasawara, Depies and Matsubayashi. One would have been motivated to provide users with a plurality of seat options with different prices based on different views to the stage (Yamamoto: pars. 0074-0079).
Conclusion
Applicant’s amendment necessitated the 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 extension fee 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.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINH K PHAM whose telephone number is (571)270-3230. The examiner can normally be reached Monday-Thursday from 8:00 AM to 6:00 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William L Bashore can be reached on (571) 272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINH K PHAM/
Primary Examiner
Art Unit 2174
Prosecution Insights