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 .
Status of the Claims
This action is in response to the election of species and amendment filed on May 26, 2026. Claims 20-25, 28-32, 34, 37, and 40-50 are pending, of which claim 30 has been amended, claims 40-50 added, and claims 1-19, 26, 27, 33, 35, 36, 38, and 39 have been canceled.
Election/Restrictions
Applicant's election with traverse of the election of species in the reply filed on May 26, 2026 is acknowledged.
The traversal is on the grounds including Applicant’s statement “Nor does the present record support the conclusion that the claims are ‘not obvious variants’ of one another. To the contrary, the specification repeatedly presents these parameters as interchangeable and combinable controls available to the same graphics artist during optimization of the same LOD assets. A person of ordinary skill would understand these claims to recite obvious variations of the same GUI-based optimization concept rather than patentably distinct inventions. The claims differ only in which parameter is being adjusted through the disclosed interface and therefore represent routine variations of a common design and operational framework.”
As Applicant admits that the claims of each of the species recite obvious variations of the same GUI-based optimization concept rather than patentably distinct inventions, their argument is found persuasive, and the election requirement is withdrawn.
Therefore, withdrawn claims 21-25, 32, 34, and 37 are reinstated and examined on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 13, 2024 is in compliance with the provisions of 37 CFR § 1.97. Accordingly, the IDS has been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. § 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 29 is rejected under 35 U.S.C. § 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
In re claim 29, the claim recites the limitation “the percentage of the primitives targeted for an LOD visual asset.” There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 20-25, 28-31, 40, 42, and 45-49 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Unreal Engine 4.0 as shown in YouTube Video “[UE4] Static Mesh LOD Batch by Blueprint” by Alien (“Unreal I”).
In re claim 20, Unreal I discloses a method of programming one or more modifications to level of detail (LOD) visual assets, for rendering in a video game [Unreal Engine 4 is a developer tool for creating and managing content of game assets to build games mapping user input actions using a visual toolkit], the method comprising: generating one or more graphical user interfaces comprising a plurality of data inputs [See Video at 1:44 showing Graphical User interface], wherein the plurality of data inputs comprises a first data input representative of a percent reduction of a second of the LOD visual assets relative to a first of the LOD visual assets [Video at 0:56 shows SMLoD Settings for LODs 0, 1, 2, and 3 with percent triangles .8 .5 .3 and 1, which indicate the percent reduction associated which each LOD] and a second data input representative of a percent reduction of a third of the LOD visual assets relative to the second of the LOD visual assets [Video at 0:56 shows SMLoD Settings for LODs 0, 1, 2, and 3 with percent triangles .8 .5 .3 and 1, which indicate the percent reduction associated which each LOD]; accessing the LOD visual assets; and generating modifications to the LOD visual assets based on the first data input and the second data input [Video at 1:44 shows modification taking effect to render the visual assets according to the LOD settings].
In re claim 21, Unreal discloses a third data input of the plurality of data inputs, wherein the third data input defines a number of LOD visual assets being automatically generated [Video at 0:31 shows UI under LOD Setting includes input for “Number of LODs”].
In re claim 22, Unreal I discloses a third data input of the plurality of data inputs, wherein the third data input is representative of a distance scale that defines at what point a first of the LOD visual assets should be switched to a second of the LOD visual assets [Video at 0.56 shows UI for each LOD (e.g., LOD O) includes a screen size indicating the amount of screen occupied by asset. When the asset for the occupation of the screen falls below the percentage (e.g., 50%) the assets is switched to next LOD (e.g., LOD 1)].
In re claim 23, Unreal I discloses a third data input of the plurality of data inputs, wherein the third data input is representative of a value that defines at what point a first of the LOD visual assets should be switched to a second of the LOD visual assets based on a number of pixels occupied by a predefined shape [Video at 0.56 shows UI for each LOD (e.g., LOD O) includes a screen size indicating the amount of screen occupied by asset. When the asset for the occupation of the screen falls below the percentage (e.g., 50%) the assets is switched to next LOD (e.g., LOD 1) the occupation of portion of screen corresponds to the number of pixels for the displayed asset].
In re claim 24, Unreal I discloses a third data input of the plurality of data inputs, wherein the third data input is representative of a value that defines a last pixel size before one of the LOD visual assets should be removed from view [Video at 0.56 shows UI for each LOD (e.g., LOD O) includes a screen size indicating the amount of screen occupied by asset. When the asset for the occupation of the screen falls below the percentage (e.g., 50%) the assets is switched to next LOD (e.g., LOD 1) the occupation of portion of screen corresponds to the number of pixels for the displayed asset before switch, thus the last pixel size before switching].
In re claim 25, Unreal I discloses a third data input of the plurality of data inputs, wherein the third data input is representative of a value that defines one of a plurality of settings of LOD visual assets for designing one or more surfaces depicted in the video game [Video at 0.31 shows UI Material Slots with menu drop down setting for textures for surfaces of the asset].
In re claim 28, Unreal I discloses a third data input of the plurality of data inputs, wherein the third data input is representative of a value that defines a percentage reduction to be applied to an LOD visual asset until said LOD visual asset contains a predefined percentage of primitives that were used in a reference representation of the LOD visual asset [Video at 0.56 shows UI under SMLod Settings there is an input for percent triangles, so input percent triangles for LOD 2 is .01, therefore, this setting defines reduction 20% of LOD1].
In re claim 29, Unreal I discloses the third data input indicates the percentage of the primitives targeted for an LOD visual asset, during reduction of said LOD visual asset, with reference to an immediately previous LOD visual asset [Video at 0.56 shows UI under SMLod Settings there is an input for percent triangles, so input percent triangles for LOD 2 is .01, therefore, this setting defines reduction 20% of LOD1].
In re claim 30, Unreal I discloses wherein the percentage reduction is applied to one or more associated parameters of the LOD visual asset, and wherein the one or more associated parameters comprise at least one of a vertices count being indicative of a number of vertices in a polygon mesh of the LOD visual asset, an LOD distance being indicative of a distance at which the LOD visual is switched, a surfaces count being indicative of a number of surfaces in a polygon mesh of the LOD visual asset, or a bone count of the LOD visual asset [Video at 0.56 shows UI indicates for each LOD a switch distance (e.g., percent of screen occupied) and corresponding, a number of vertices for each LOD, and number of surfaces (triangles)].
In re claim 31, Unreal I discloses the percentage reduction is 50% [Video at 0.56 shows UI under SMLod Settings there is an input for percent triangles, so input percent triangles for LOD1 is .05, therefore, this setting defines reduction 50% of LOD0 (which is 0.1)].
In re claim 40, Unreal I discloses determining the predefined percentage of primitives by referencing an immediately previous LOD visual asset in a chain of LOD visual assets [Video at 0.56 shows UI under SMLod Settings For LOD0, LOD1, LOD2 and LOD3 which for a chain referencing each previous LOD].
In re claim 42, Unreal I discloses the percentage reduction comprises a value greater than 0% and less than 100% [Video at 0.56 shows UI under SMLod Settings there is an input for percent triangles, so input percent triangles for LOD 2 is .01, therefore, this setting defines reduction 20% of LOD1].
In re claim 45, Unreal I discloses applying the percentage reduction iteratively during reduction of the LOD visual asset [Video at 1:44 et seq. shows iterative reduction of LOD visual asset].
In re claim 46, Unreal I discloses the iteratively applied percentage reduction generates a plurality of progressively lower-complexity LOD visual assets [Video at 1:44 et seq. shows iterative reduction of LOD visual asset with progressively lower complexity].
In re claim 47, Unreal I discloses reducing polygon mesh complexity of the LOD visual asset based on the percentage reduction [Video at 1:41 et seq. shows reduction of LOD visual asset for each LOD based on percent triangles where each LOD has a corresponding mesh complexity (e.g., LOD) has 956 triangles and 764 vertices].
In re claim 48, Unreal I discloses the one or more associated parameters comprise an LOD distance being indicative of a distance at which the LOD visual is switched shows UI for each LOD (e.g., LOD O) includes a screen size indicating the amount of screen occupied by asset. When the asset for the occupation of the screen falls below the percentage (e.g., 50%), which corresponds to a perceived distance, the asset is switched to next LOD (e.g., LOD 1) .
In re claim 49, Unreal I discloses the one or more associated parameters comprise a surfaces count being indicative of a number of surfaces in a polygon mesh of the LOD visual asset [Video at 1:38 shows UI for each LOD (e.g., LOD O) includes a screen size and number of triangles and vertices in upper left corner for example, 956 triangles/764 vertices of the polygon mesh of a displayed asset].
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention.
Claims 32 is rejected under 35 U.S.C. § 103 as being unpatentable over Unreal I in view of Unreal Engine 4.0 as shown in YouTube Video “Character Creator 3 Tutorial - Auto LOD Setup for Unreal Engine 4” by Reallusion (“Unreal II”).
In re claim 32, Unreal II teaches a third data input of the plurality of data inputs, wherein the third data input is representative of a value that defines a weight setting of LOD visual assets and further comprising using the weight setting to modify geometric features of the LOD visual assets [Video at 6:07 shows UI for Auto LOD set up of character including under LOD info Weight of prioritization setting].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teachings of Unreal I and Unreal II as they are merely demonstrating different aspects of the same user interface for the Unreal Engine 4.0.
Claims 34, 37, 41, 43, and 44 are rejected under 35 U.S.C. § 103 as being unpatentable over Unreal I in view of Unreal Engine 4.0 as shown in YouTube Video “UE4 - Generating LODs & Creating Custom LOD Groups” by Manning (“Unreal III”).
In re claim 34, Unreal III a third data input of the plurality of data inputs, wherein the third data input is representative of a value that defines an importance setting of LOD visual assets, and further comprising using the importance setting to modify at least one attribute of the LOD visual assets, wherein the at least one attribute comprises geometry, texture coordinates, normal, material ID, object ID, skinning or vertex color of the LOD visual assets [Video at 4:50 shows setting for LOD visual assets including “Reduction Settings” for Silhouette Importance / Texture Importance / Shading Importance (set to normal) which correspond to weight multipliers (priorities 0–5) telling the auto-reducer which visual features to protect most during decimation].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teachings of Unreal I and Unreal III as they are merely demonstrating different aspects of the same user interface for the Unreal Engine 4.0.
In re claim 37, Unreal III teaches a third data input of the plurality of data inputs, wherein the third data input is representative of a value that defines another setting of LOD visual assets and further comprising using the other setting to modify at least one attribute of the LOD visual assets, wherein the at least one attribute comprises a maximum deviation, a weld threshold, a vertex regularization, a surface area, or a normal split tolerance of the LOD visual assets [Video at 4:50 shows setting for LOD visual assets including “Reduction Settings” showing “Max Deviation” which stops the reduction process if the simplified surface deviates past a specific world-space distance from the original mesh and Welding Threshold].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teachings of Unreal I and Unreal III as they are merely demonstrating different aspects of the same user interface for the Unreal Engine 4.0.
In re claim 41, Unreal III determining the predefined percentage of primitives by referencing a source LOD representation from which the LOD visual asset is reduced [Video at 4:50 et seq. UI shows under LOD Settings include Base LOD reference specifies which existing LOD level the mesh generator references as the origin point (or source representation) and when calculating the reduction for the current LOD level and Percent Triangles: Determines the predefined percentage of primitives (triangles) to keep relative to that referenced Base LOD].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teachings of Unreal I and Unreal III as they are merely demonstrating different aspects of the same user interface for the Unreal Engine 4.0.
In re claim 43, Unreal III discloses Unreal discloses decreasing the percentage reduction causes the LOD visual asset to retain fewer primitives from the reference representation [Video 4:50 et seq. shows UI under LOD Settings include Base LOD reference specifies which existing LOD level the mesh generator references as the origin point (or source representation) and when calculating the reduction for the current LOD level and Percent Triangles: Determines the predefined percentage of primitives (triangles) to keep relative to that referenced Base LOD so if the percentage is lowered fewer primitives are kept].
In re claim 44, Unreal III. The method of claim 28, wherein increasing the percentage reduction causes the LOD visual asset to retain a greater number of primitives from the reference representation [Video 4:50 et seq. shows UI under LOD Settings include Base LOD reference specifies which existing LOD level the mesh generator references as the origin point (or source representation) and when calculating the reduction for the current LOD level and Percent Triangles: Determines the predefined percentage of primitives (triangles) to keep relative to that referenced Base LOD so if the percentage is increased more primitives are kept].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teachings of Unreal I and Unreal III as they are merely demonstrating different aspects of the same user interface for the Unreal Engine 4.0.
Claim 50 is rejected under 35 U.S.C. § 103 as being unpatentable over Unreal I in view of Unreal III further in view of Publication “Demystifying Bone Indices” by Harper (“Harper”).
In re claim 50, Unreal IV teaches the one or more associated parameters comprise a bone count of the LOD visual asset [The UI includes a Skeleton Bone Index for a character which lists all the bones of the character the FCompactPoseBoneIndex subset of all joints that are part of the Meshes LOD support - i.e. LOD 0 will match with MeshIndex, but once it goes LOD 1 or LOD2, it can only have subset, thus no longer matches with MeshIndex].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teachings of Unreal I in view of Unreal III with Harper as they are merely describing different aspects of the same user interface for the Unreal Engine 4.0.
Claims 22-25, 28-32, 34, 37, and 40-50 are rejected under 35 U.S.C. § 103 as being unpatentable over Unreal I in view of Applicant’s admitted prior art (“AAPA”).
Claim 21 is directed to species I of the election requirement and is rejected as anticipated by Unreal I as provided above. Claims 22-25, 28-32, 34, 37, and 40-50 are directed to Species II-VIII.
At page 9, ¶¶ 2 and 3 of the response filed May 26, 2026, Applicant’s admit that “Nor does the present record support the conclusion that the claims are "not obvious variants" of one another. To the contrary, the specification repeatedly presents these parameters as interchangeable and combinable controls available to the same graphics artist during optimization of the same LOD assets.”
Applicant continues “A person of ordinary skill would understand these claims to recite obvious variations of the same GUI-based optimization concept rather than patentably distinct inventions. The claims differ only in which parameter is being adjusted through the disclosed interface and therefore represent routine variations of a common design and operational framework.”
Applicant also asserts “Each claimed embodiment employs the same disclosed LOD management module, the same GUI architecture, and the same programming methodology to achieve the same overarching technical objective: enabling a developer or graphics artist to modify and optimize LOD visual assets used in video-game rendering. The mode of operation is therefore materially the same across all claims-namely, receiving GUI-based inputs and generating modifications to LOD assets through the disclosed software system. Any difference among claims concerns only which parameter is supplied through the interface, not a materially different invention.” (Emphasis added)
Therefore, with regard to the limitations of claims 22-25, 28-32, 34, 37, and 40-50 directed to Species II-VIII, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the UI of Unreal I with respect to the UI of claim 21, which enables developers/graphic artists to modify/optimize LOD visual assets used in video game rendering to include the different claimed parameters of claims 22-25, 28-32, 34, 37, and 40-50, which represent routine variations of a common design and operational framework that are obvious variations of the same GUI-based optimization concept rather than patentably distinct inventions as stated by Applicant.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is listed on the attached Notice of References Cited.
Houdini 18.0 discloses an animation engine with user interface including a number of setting for automated LOD management including, for example, setting for the number of LODs with inputs such as “Keep percent” providing percentage of the model rendered at the corresponding LOD, e.g., 100% at LOD0 and 75% at LOD1 and Poly reduce for Reduces the number of polygons in a model while retaining its shape. This node preserves features, attributes, textures, and quads during reduction.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached on (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW BODENDORF/Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
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