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
Examiner cites particular columns or paragraphs, and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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.
In reply to the Non-Final Office Action mailed on 7/30/2025 the applicant has filed a response on 12/22/2025 amending claims 1-2, 4-5, 8-9, 11, 16 and 18. Claim 19 has been cancelled. Claims 20-21 have been added. Claims 1-18 and 20-21 are pending in this application.
Previous claim objections are withdrawn in view of applicant’s amendments filed on 12/22/2025.
Claim Objections
Claims 2-3 and 18 are objected to because of the following informalities:
Regarding claim 2, the claim recites “…when the frames of the map of indicia are displayed is reduced relative to an intensity…” in lines 4-5, which appears to be “…when the frames of the map of indicia are displayed relative to an intensity…”, for consistency in the claim(s).
Regarding claim 3, it is objected based on its dependence from claim 2.
Regarding claim 18, the claim recites “…when a frame the predetermined map of indicia…” in lines 4-5, which appears to be “…when a frame of the predetermined map of indicia…”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: locating device that images a map of indicia and determines its location in response to imaging the map of indicia introduced in claim 1, and a synchronising device that synchronises the camera, the locating device, and the display controller in claim 13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
A review of the Specification shows that the structure of the claimed locating device corresponds to a camera that performs the claimed functions (see page 8, lines 13-32 of the Specification and Figs. 1-2 and 7), and equivalents thereof, and the structure of the claimed synchronising device corresponds to a clock (see page 9, lines 9-32 of the Specification) , and equivalents thereof.
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 1-18 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Ukas-Bradley (US 2022/0201163), in view of Vandeweerd et al. (US 2017/0302822).
Regarding claim 1, Ukas-Bradley discloses a display controller configured to control frames shown on a display being imaged by a locating device and a camera (see e.g. regarding Figs. 4A-4D and 10A-10C, control device 25 controls frames of a representation 19 of virtual background 21/43 and markers 29, by means of picture-element light sources of background display device 15 imaged by main camera 23 and an auxiliary camera 27; para[0011]; para[0015]; para[0017]; para[0051]; para[0075]-para[0077]; para[0094]-para[0096]; para[0205]-para[0206]; para[0213]; para[0215]-para[0216]; para[0232]; para[0247]-para[0249]; para[0267]; para[0275]-para[0276]), the display controller being further configured to cause the display to show successive frames of a main presentation in synchronization with the camera imaging the successive frames of the main presentation on the display (para[0051]; para[0075]-para[0077]; para[0146]; para[0205]; para[0221]; para[0232]; para[0236]; regarding Figs. 4A-4D and 10A-10C, “the control of… the picture-element light sources 35 may be synchronized in particular with the associated camera 23, in order to enable… display… in… frames”, and thus, “the representation of the virtual background is generated by means of the picture-element light sources” and recorded with the camera 23) and to intermittently display frames of a predetermined map of indicia in synchronization with the locating device para[0051]; para[0075]-para[0077]; para[0146]; para[0232]-para[0236]; para[0254]; para[0275]-para[0276]; regarding Figs. 4A-4D and 10A-10C, “the background display device may… comprise a plurality of position marker light sources which are used exclusively to generate the position markers and do not contribute to the representation of the virtual background”, and “the position marker light sources may be intermittently controllable to emit light”; “The control of the position marker light sources may in particular be synchronized with the associated camera, in order to be able to detect the position markers in frames provided therefor and to be able to determine the spatial position of the associated camera in these frames, while only the representation of the virtual background is displayed in the other frames”; “the background display device may be configured to generate the position markers only intermittently”; “The control of the position marker light sources and the picture-element light sources may be synchronized with the associated camera, so that in the respective frames either only the picture-element light sources, or only the position marker light sources or both the picture-element light sources and the position marker light sources are switched on”; “the position marker light sources may be switched on in individual frames in addition to the picture-element light sources that always generate the representation of the virtual background, so that by an identification of the position markers in these frames, the position of the camera may be determined”) and the locating device can determine its own location in response to imaging the map of indicia (para[0051]; para[0076]-para[0077]; para[0232]; para[0234]-para[0236]; para[0275]-para[0276]; regarding Figs. 4A-4D and 10A-10C, “The control of the position marker light sources may in particular be synchronized with the associated camera, in order to be able to detect the position markers in frames provided therefor and to be able to determine the spatial position of the associated camera in these frames”; “The auxiliary camera 27 is arranged at a defined position relative to the camera 23 and is oriented in such a way, that the respective fields of view of the main camera 23 and the auxiliary camera 27 essentially correspond to one another”; “based on a respective location L1 or L2 of the position markers 29 or the imaged position markers 41 in the image 39 generated by the auxiliary camera 27”, “the position of the auxiliary camera 27 may first be determined, whereupon based on the defined relative position of the auxiliary camera 27 to the camera 23, the position A of the camera 23 may then be directly deduced”).
However, Ukas-Bradley does not appear to expressly disclose the display controller is configured to cause the display to reduce an intensity or change a color of the main presentation in a penumbral region about each indicia in the predetermined map of indicia when a frame of the predetermined map of indicia is displayed.
Vandeweerd discloses a display controller is configured to cause a display to reduce an intensity or change a color of a main presentation in a penumbral region about each indicia in a predetermined map of indicia when a frame of the predetermined map of indicia is displayed (“As illustrated in FIGS. 4A, 4B, and 4C, a captured image 450 may include one or more security markers 415a to 415m”; “with reference to FIG. 3, the one or more security markers 415 may be periodically provided by security marker frames 320”; based on Figs. 3-4C, as shown in Fig. 11, “At 1166, the processor 202 may alter the captured image 450”; “Altering the captured image 450 may include the processor 202 modifying the captured image to obscure an image portion circumscribed by a security boundary defined by the security marker”, and thus, to obscure parts of the captured image 450 in the penumbra of each security marker, based on the broadest reasonable interpretation of the claimed limitations; “the portion of the captured image 450 circumscribed by the security boundary may be blurred out or obscured with an overlaid pattern”; accordingly, a portion of the penumbra of each of the security markers forming the security boundary is obscured or changed in color by blurring, that is, by smoothing color transitions; para[0069]-para[0070]; para[0073]-para[0074]; para[0084]; para[0138]-para[0140]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the teachings in Ukas-Bradley’s invention, with the teachings in Vandeweerd’s invention, to have the display controller is configured to cause the display to reduce an intensity or change a color of the main presentation in a penumbral region about each indicia in the predetermined map of indicia when a frame of the predetermined map of indicia is displayed, for the advantage of making the main presentation less discernible than the indicia to an unaided human eye in those regions (para[0070]; para[0140]).
Regarding claim 2, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 1). In addition, Vandeweerd discloses the display controller being configured to cause the display to reduce the intensity of the main presentation within the penumbral region about each indicia in the predetermined map of indicia when the frames of the map of indicia are displayed is reduced relative to an intensity of the main presentation during the frames of the main presentation which are shown between frames of the indicia (“As illustrated in FIGS. 4A, 4B, and 4C, a captured image 450 may include one or more security markers 415a to 415m”; “with reference to FIG. 3, the one or more security markers 415 may be periodically provided by security marker frames 320”; based on Figs. 3-4C, as shown in Fig. 11, “At 1166, the processor 202 may alter the captured image 450”; “Altering the captured image 450 may include the processor 202 modifying the captured image to obscure an image portion circumscribed by a security boundary defined by the security marker”, and thus, to obscure parts of the captured image 450 in the penumbra of each security marker, based on the broadest reasonable interpretation of the claimed limitations; “the portion of the captured image 450 circumscribed by the security boundary may be blurred out or obscured with an overlaid pattern”; accordingly, a portion of the penumbra of each of the security markers forming the security boundary is obscured, as compared to an intensity of this portion of the captured image 450 during the frames shown between frames of the security markers 415; para[0069]-para[0070]; para[0073]-para[0074]; para[0084]; para[0138]-para[0140]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have the display controller being configured to cause the display to reduce the intensity of the main presentation within the penumbral region about each indicia in the predetermined map of indicia when the frames of the map of indicia are displayed is reduced relative to an intensity of the main presentation during the frames of the main presentation which are shown between frames of the indicia, as taught by the combination, for the advantage of making the main presentation less discernible than the indicia to an unaided human eye in regard to the indicia in those regions (para[0070]; para[0140]).
Regarding claim 3, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 2). In addition, Vandeweerd discloses the controller being configured to cause the display to maintain the intensity of the main presentation above zero when the frames of the map of indicia are displayed (based on Figs. 3-4C, as shown in Fig. 11, “At 1166, the processor 202n may alter the captured image 450”; “Altering the captured image 450 may include the processor 202 modifying the captured image to obscure an image portion circumscribed by a security boundary defined by the security marker”; “the portion of the captured image 450 circumscribed by the security boundary may be blurred out or obscured with an overlaid pattern”; para[0069]-para[0070]; para[0073]-para[0074]; para[0084]; para[0138]-para[0140]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have the display controller being configured to cause the display to maintain the intensity of the main presentation above zero when the frames of the map of indicia are displayed, as also taught by Vandeweerd, for the advantage of making the main presentation less discernible than the indicia to an unaided human eye (para[0070]; para[0140]).
Regarding claim 4, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 1). In addition, Ukas-Bradley discloses the frames of the predetermined map of indicia are displayed concurrent to frames of the main presentation, with frames of the main presentation between successive frames of the predetermined map of indicia (para[0051]; para[0075]-para[0077]; para[0146]; para[0232]-para[0236]; para[0254]; para[0275]-para[0276]; regarding Figs. 4A-4D and 10A-10C, “The control of the position marker light sources may in particular be synchronized with the associated camera, in order to be able to detect the position markers in frames provided therefor and to be able to determine the spatial position of the associated camera in these frames, while only the representation of the virtual background is displayed in the other frames”; “the background display device may be configured to generate the position markers only intermittently and/or alternating in time to the picture-element light signals”; “The control of the position marker light sources and the picture-element light sources may be synchronized with the associated camera, so that in the respective frames either only the picture-element light sources, or only the position marker light sources or both the picture-element light sources and the position marker light sources are switched on”; “the position marker light sources may be switched on in individual frames in addition to the picture-element light sources that always generate the representation of the virtual background”; accordingly, the frames during which the position marker light sources are switched-on are displayed concurrent to frames during which the picture-element light sources are turned-on to present the virtual background, with frames of the virtual background also displayed between successive frames during which the position marker light sources are switched-on).
Regarding claim 5, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 1). In addition, Vandeweerd discloses the display controller being configured to cause the display to selectively change the colour of parts of the main presentation to a predetermined colour within the penumbral region about each indicia in the predetermined map of indicia when a frame of the map of indicia is displayed (based on Figs. 3-4C, as shown in Fig. 11, “At 1166, the processor 202 may alter the captured image 450”; “the portion of the captured image 450 circumscribed by the security boundary may be blurred out or obscured with an overlaid pattern”, accordingly, a portion of the penumbra of each of the security markers forming the security boundary is changed in color by blurring, that is, by smoothing color transitions, based on the broadest reasonable interpretation of the claimed limitations; para[0069]-para[0070]; para[0073]-para[0074]; para[0084]; para[0138]-para[0140]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have the display controller being configured to cause the display to selectively change the colour of parts of the main presentation to a predetermined colour within the penumbral region about each indicia in the predetermined map of indicia when a frame of the map of indicia is displayed, as also taught by Vandeweerd, for the advantage of making the main presentation less discernible than the indicia to an unaided human eye in those regions (para[0070]; para[0140]).
Regarding claim 6, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 1). In addition, Ukas-Bradley discloses the controller being configured to receive from the locating device an indication of the region of the display being currently imaged by the locating device, and to cause the display to show the section of the map of indicia corresponding to the region of the display currently being imaged by the locating device and not to show the indicia on sections of the display not currently being imaged by the locating device (para[0027]; para[0232]; para[0234]-para[0236]; para[0266]; para[0275]-para[0276]; see Figs. 4A-4D and 10A-10C; when using “the auxiliary camera 27… intended for determining the position A of the camera 23”, “The positions 103,104,105 and 106 of the position markers 29 may be changed in particular during the recording, in such a way, that the position markers 29 are tracked to the field of view of the associated camera…, so that the position markers 29 may always be imaged by the associated camera… in order to enable a determining of the position A of the camera”; “This enables a determining of the position of the associated camera, which is simple, fast and inexpensive, in order to be able to, in particular, adapt in real time the representation of the virtual background in dependence on the camera position”).
Regarding claim 7, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 1). In addition, Ukas-Bradley discloses the map of indicia is provided on frames (para[0051]; para[0076]; “The control of the position marker light sources and the picture-element light sources may be synchronized with the associated camera, so that in the respective frames either only the picture-element light sources, or only the position marker light sources… are switched on”) and the display controller is configured to vary the number of frames of the main presentation shown between the frames of the map of indicia (para[0075]-para[0077]; “when the position markers are displayed in the visible wavelength range, the number of frames in which the position markers have to be subsequently removed may therefore be reduced”, thus varying the number of frames of the representation of the virtual background; “The position marker light sources and the picture-element light sources may, for example, generate light alternating in successive frames, or the position marker light sources may be controlled to generate light after a predetermined number of frames in which only the representation of the virtual background is generated by means of the picture-element light sources“).
Regarding claim 8, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 1). In addition, Ukas-Bradley discloses the display controller is configured to receive data from the locating device and to vary the number of frames of the main presentation shown between the frames of the map of indicia depending on data received from the locating device (para[0027]; para[0075]-para[0077]; para[0232]; para[0234]-para[0236]; para[0266]; para[0275]-para[0276]; e.g. when using “the auxiliary camera 27… for determining the position A of the camera 23”, “The positions 103,104,105 and 106 of the position markers 29 may be changed in particular during the recording, in such a way, that the position markers 29 are tracked to the field of view of the associated camera…, so that the position markers 29 may always be imaged by the associated camera… in order to enable a determining of the position A of the camera”; “This enables a determining of the position of the associated camera, which is simple, fast and inexpensive, in order to be able to,… adapt in real time the representation of the virtual background in dependence on the camera position”; accordingly, “when the position markers are displayed in the visible wavelength range, the number of frames in which the position markers have to be subsequently removed may… be reduced”, thus varying the number of frames of the representation of the virtual background; “The position marker light sources and the picture-element light sources may, for example, generate light alternating in successive frames, or the position marker light sources may be controlled to generate light after a predetermined number of frames in which only the representation of the virtual background is generated by means of the picture-element light sources“).
Regarding claim 9, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 1). In addition, Ukas-Bradley discloses the display controller is configured to vary the duration for which the display shows each frame of the map of indicia (para[0075]-para[0077]; para[0221]; e.g., “the emission duration of the position marker light sources in such an alternating or intermittent operation may be shorter than the emission duration of the picture-element light signals”; “The position marker light sources and the picture-element light sources may, for example, generate light alternating in successive frames, or the position marker light sources may be controlled to generate light after a predetermined number of frames in which only the representation of the virtual background is generated by means of the picture-element light sources“, thus controlling/varying the duration for which the position marker frames are displayed, based on the broadest reasonable interpretation of the claimed limitations).
Regarding claim 10, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 1). In addition, Vandeweerd discloses the display extending spatially over a display surface comprising a plurality of display panels, whereby a device can learn the geometry of the display (para[0068]-para[0069]; para[0074]; see plurality of display panels, that is, “a first display surface 410c and a second display surface 410d” and their geometry in captured image 450 in Fig. 4C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have the display extending spatially over a display surface comprising a plurality of display panels, whereby a device can learn the geometry of the display, as also taught by Vandeweerd, for the advantage more accurately placing defined boundaries in generated captured images when content of the display surface occupies less than an entire field of view (para[0068]-para[0069]; para[0074]; para[0080]).
Regarding claim 11, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 1). In addition, Ukas-Bradley discloses a system comprising the display controller as claimed in claim 1 and the camera (see e.g. system in Figs. 4A-4D and 10A-10C comprising control device 25 and main camera 23), wherein the camera is directed at the display configured by the display controller (see in Figs. 4A-4D and 10A-10C main camera 23 directed at background display device 15) and the camera is configured to capture the display in frames (para[0051]; para[0075]-para[0077]; para[0146]; para[0205]; para[0221]; para[0232]; para[0236]; regarding Figs. 4A-4D and 10A-10C, “the control of… the picture-element light sources 35 may be synchronized in particular with the associated camera 23, in order to enable… display… in… frames”, and thus, “the representation of the virtual background is generated by means of the picture-element light sources” and recorded with the camera 23 in frames), and wherein the map of indicia being provided on frames and the frames of the camera are out of phase with the frames of the map of indicia (para[0051]; para[0075]-para[0077]; para[0146]; para[0232]-para[0236]; para[0254]; para[0275]-para[0276]; regarding Figs. 4A-4D and 10A-10C, “The control of the position marker light sources may in particular be synchronized with the associated camera, in order to be able to detect the position markers in frames provided therefor and to be able to determine the spatial position of the associated camera in these frames, while only the representation of the virtual background is displayed in the other frames”; “By such alternating or intermittent control of the position marker light sources and the picture-element light sources, the determining of the position of the associated camera may in particular take place in frames specifically provided for this purpose, while in other frames only the representation of the virtual background is generated by means of the picture-element light sources”; “The control of the position marker light sources and the picture-element light sources may be synchronized with the associated camera, so that in the respective frames either only the picture-element light sources, or only the position marker light sources… are switched on”; “The position marker light sources and the picture-element light sources may, for example, generate light alternating in successive frames”, and “only the image sensor of the auxiliary camera, but not the image sensor of the main camera, is light-sensitive to… the position markers”; e.g. auxiliary camera 27 detects the markers 29, but not the camera 23, when the markers 29 intermittently emit light between successive frames of the representation 19 of the virtual background 21/43; that is, the camera 23 is in phase with the representation 19, but not with the markers 29, and the auxiliary camera 27 is in phase with the markers 29).
Regarding claim 12, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 11). In addition, Ukas-Bradley discloses the system comprises the locating device (see e.g. system in Figs. 4A-4D and 10A-10C comprising auxiliary camera 27), wherein the locating device is directed at the display configured by the display controller (see in Figs. 4B and 4D auxiliary camera 27 directed at background display device 15) and configured to capture the display in frames, wherein the frames of the locating device are in phase with the frames of the map of indicia (para[0051]; para[0075]-para[0077]; para[0146]; para[0232]-para[0236]; para[0254]; para[0275]-para[0276]; regarding Figs. 4A-4D and 10A-10C, “The control of the position marker light sources may in particular be synchronized with the associated camera, in order to be able to detect the position markers in frames provided therefor and to be able to determine the spatial position of the associated camera in these frames, while only the representation of the virtual background is displayed in the other frames”; “By such alternating or intermittent control of the position marker light sources and the picture-element light sources, the determining of the position of the associated camera may in particular take place in frames specifically provided for this purpose, while in other frames only the representation of the virtual background is generated by means of the picture-element light sources”; “The position marker light sources and the picture-element light sources may, for example, generate light alternating in successive frames”, and “only the image sensor of the auxiliary camera, but not the image sensor of the main camera, is light-sensitive to… the position markers” (in phase); e.g. auxiliary camera 27 detects the markers 29, but not the camera 23, when the markers 29 intermittently emit light between successive frames of the representation 19 of the virtual background 21/43).
Regarding claim 13, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 11). In addition, Ukas-Bradley discloses the locating device is configured to capture the display in frames (para[0051]; para[0075]-para[0077]; para[0146]; para[0232]-para[0236]; para[0254]; para[0275]-para[0276]; regarding Figs. 4A-4D and 10A-10C, “The control of the position marker light sources may in particular be synchronized with the associated camera, in order to be able to detect the position markers in frames provided therefor and to be able to determine the spatial position of the associated camera in these frames, while only the representation of the virtual background is displayed in the other frames”; “By such alternating or intermittent control of the position marker light sources and the picture-element light sources, the determining of the position of the associated camera may in particular take place in frames specifically provided for this purpose, while in other frames only the representation of the virtual background is generated by means of the picture-element light sources”; “The position marker light sources and the picture-element light sources may, for example, generate light alternating in successive frames”, and “only the image sensor of the auxiliary camera, but not the image sensor of the main camera, is light-sensitive to… the position markers”; e.g. auxiliary camera 27 detects the markers 29, but not the camera 23, when the markers 29 intermittently emit light between successive frames of the representation 19 of the virtual background 21/43), and the system comprises a synchronising device, wherein the synchronising device synchronises the camera, the locating device, and the display controller (e.g. a microprocessor or CPU comprised in the control device 25 in Figs. 4B and 4D; para[0096]; para[0249]), whereby the frames of the camera are in phase with the frames of the main presentation and are out of phase with the frames of the map of indicia (para[0051]; para[0075]-para[0077]; para[0146]; para[0232]-para[0236]; para[0254]; para[0275]-para[0276]; regarding Figs. 4A-4D and 10A-10C, “The control of the position marker light sources may in particular be synchronized with the associated camera, in order to be able to detect the position markers in frames provided therefor and to be able to determine the spatial position of the associated camera in these frames, while only the representation of the virtual background is displayed in the other frames”; “By such alternating or intermittent control of the position marker light sources and the picture-element light sources, the determining of the position of the associated camera may in particular take place in frames specifically provided for this purpose, while in other frames only the representation of the virtual background is generated by means of the picture-element light sources”; “The control of the position marker light sources and the picture-element light sources may be synchronized with the associated camera, so that in the respective frames either only the picture-element light sources, or only the position marker light sources… are switched on”; “The position marker light sources and the picture-element light sources may, for example, generate light alternating in successive frames”, and “only the image sensor of the auxiliary camera, but not the image sensor of the main camera, is light-sensitive to… the position markers”; e.g. auxiliary camera 27 detects the markers 29, but not the camera 23, when the markers 29 intermittently emit light between successive frames of the representation 19 of the virtual background 21/43; that is, the camera 23 is in phase with the representation 19, but not with the markers 29, and the auxiliary camera 27 is in phase with the markers 29), and the frames of the locating device are in phase with the frames of the map of indicia (para[0051]; para[0075]-para[0077]; para[0146]; para[0232]-para[0236]; para[0254]; para[0275]-para[0276]; regarding Figs. 4A-4D and 10A-10C, “The position marker light sources and the picture-element light sources may, for example, generate light alternating in successive frames”, and “only the image sensor of the auxiliary camera, but not the image sensor of the main camera, is light-sensitive to… the position markers” (in phase)).
Regarding claim 14, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 11). In addition, Ukas-Bradley discloses the system comprises a rendering computer, wherein the rendering computer is configured to send information to the display controller relating to the main presentation and to the map of indicia, whereby the display controller is configured to cause the display to show successive frames of the main presentation and to intermittently display the predetermined map of indicia between the frames of the main presentation (para[0051]; para[0075]-para[0077]; para[0096]; para[0146]; para[0205]; para[0221]; para[0232]; para[0236]; para[0249]; e.g. a microprocessor or CPU comprised in the control device 25 in Figs. 4B and 4D, comprising “a Game engine for adapting and/or generating the representation of the virtual background”, “in dependence on the determined position of the associated camera”; “the control of… the picture-element light sources 35 may be synchronized in particular with the associated camera 23, in order to enable… display… in… frames”, and thus, “the representation of the virtual background is generated by means of the picture-element light sources”, and “the position marker light sources may be intermittently controllable to emit light”; “The control of the position marker light sources may in particular be synchronized with the associated camera, in order to be able to detect the position markers in frames provided therefor and to be able to determine the spatial position of the associated camera in these frames, while only the representation of the virtual background is displayed in the other frames”, that is, the position marker light sources emit light intermittently between the successive frames of the representation of the virtual background; “the background display device may be configured to generate the position markers only intermittently and/or alternating in time to the picture-element light signals”; accordingly, the representation of the virtual background is adapted in dependence on the determined position of the camera(s) recording).
Regarding claim 15, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 11). In addition, Ukas-Bradley discloses the system comprises a rendering computer and a receiving card, wherein the rendering computer is configured to send a preliminary signal to the receiving card containing information relating to the map of indicia, and wherein the receiving card is configured to store the information relating to the map of indicia (para[0096]; para[0152]; para[0249]; “In order to enable the determining of the positions of the position markers by the position-determining device, relative coordinates of the position markers in a calibration preceding the recording may, for example, be written into a memory connected to the position-determining device, for example by coupling the main camera and/or the auxiliary camera with a computer (PC)”).
Regarding claim 16, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 11). In addition, Ukas-Bradley discloses the system comprises a synchronising device (e.g. a microprocessor or CPU comprised in the control device 25 in Figs. 4B and 4D; para[0096]; para[0249]), a map inserter (para[0096]; para[0152]; para[0249]; e.g. a memory in which relative coordinates of the position markers are written in a calibration preceding the recording, by coupling the main camera and/or the auxiliary camera with a computer (PC); “In order to enable the determining of the positions of the position markers by the position-determining device, relative coordinates of the position markers in a calibration preceding the recording may, for example, be written into a memory connected to the position-determining device, for example by coupling the main camera and/or the auxiliary camera with a computer (PC)”) and a rendering computer (para[0152]; e.g. the computer (PC); “In order to enable the determining of the positions of the position markers by the position-determining device, relative coordinates of the position markers in a calibration preceding the recording may, for example, be written into a memory connected to the position-determining device, for example by coupling the main camera and/or the auxiliary camera with a computer (PC)”), wherein the map inserter is connected between the rendering computer and the display controller and is configured to receive signals from the rendering computer relating to the main presentation and to receive signals from the synchronising device, and to output a signal to the display controller containing the input from the rendering computer combined with information relating to the map of indicia (para[0096]; para[0152]; para[0249]; e.g. the memory connected between the PC and microprocessor or CPU comprised in the control device 25 in Figs. 4B and 4D, provides relative coordinates of the position markers to the control device 25 as controlled by the microprocessor or CPU), whereby the display controller is configured to cause the display to show successive frames of the main presentation in synchronisation with the camera (para[0051]; para[0075]-para[0077]; para[0096]; para[0146]; para[0152]; para[0205]; para[0221]; para[0232]; para[0236]; para[0249]; regarding Figs. 4B, 4D and 10A-10C, “the control of… the picture-element light sources 35 may be synchronized in particular with the associated camera 23, in order to enable a display… in… frames”, and thus, “the representation of the virtual background is generated by means of the picture-element light sources” and recorded with the camera 23) and intermittently display the predetermined map of indicia para[0051]; para[0075]-para[0077]; para[0096]; para[0146]; para[0152]; para[0205]; para[0221]; para[0232]-para[0236]; para[0249]; para[0254]; para[0275]-para[0276]; regarding Figs. 4B, 4D and 10A-10C, “The control of the position marker light sources may in particular be synchronized with the associated camera, in order to be able to detect the position markers in frames provided therefor and to be able to determine the spatial position of the associated camera in these frames, while only the representation of the virtual background is displayed in the other frames”; “By such alternating or intermittent control of the position marker light sources and the picture-element light sources, the determining of the position of the associated camera may in particular take place in frames specifically provided for this purpose, while in other frames only the representation of the virtual background is generated by means of the picture-element light sources”; “The position marker light sources and the picture-element light sources may, for example, generate light alternating in successive frames”, and “only the image sensor of the auxiliary camera, but not the image sensor of the main camera, is light-sensitive to… the position markers”; e.g. auxiliary camera 27 detects the markers 29, but not the camera 23, when the markers 29 intermittently emit light).
Regarding claim 17, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 16). In addition, Ukas-Bradley discloses the map inserter is connected to the camera and the locating device and is configured to receive data from the locating device, and to alter the output signal depending on data from the locating device (para[0092]; para[0096]; para[0152]; para[0249]; para[0280]; “In order to enable the determining of the positions of the position markers by the position-determining device, relative coordinates of the position markers in a calibration preceding the recording may, for example, be written into a memory connected to the position-determining device, for example by coupling the main camera and/or the auxiliary camera with a computer (PC)”; “To store the set of a plurality of predetermined marking patterns, the background display device may comprise a memory, in particular a non-volatile memory, for example a semiconductor memory”, e.g., a memory 45 connected to main camera 23 and auxiliary camera 27, as shown in Figs. 4B and 4D; “a game engine may, for example, draw on a database 65 stored in the memory 45 and adapt in real time the representation 19 of the virtual background 21 in dependence on the position A of the camera 23”, as determined by the position-determining device 57 included in e.g. the auxiliary camera 27 (see Fig. 4D)).
Regarding claim 18, Ukas-Bradley discloses a display controller configured to control frames shown on 18. a display imaged by a camera that intermittently images the display and a locating device that intermittently images the display at times when the camera is not imaging the display (see e.g. regarding Figs. 4A-4D and 10A-10C, control device 25 controls frames of a representation 19 of virtual background 21/43 and markers 29, by means of picture-element light sources of background display device 15 imaged by main camera 23 and an auxiliary camera 27; “the background display device may be configured to generate… position markers only intermittently and/or alternating in time to the picture-element light signals”, “The control of the position marker light sources may in particular be synchronized with the associated camera”, and, “in frames specifically provided for this purpose”, “only the image sensor of the auxiliary camera, but not the image sensor of the main camera, is light-sensitive to… the position markers”, such that the auxiliary camera 27 detects the markers 29, but not the camera 23, when the markers 29 intermittently emit light between successive frames of the representation 19 of the virtual background 21/43; para[0011]; para[0015]; para[0017]; para[0051]; para[0075]-para[0077]; para[0094]-para[0096]; para[0146]; para[0205]-para[0206]; para[0213]; para[0215]-para[0216]; para[0232]-para[0236]; para[0247]-para[0249]; para[0254]; para[0267]; para[0275]-para[0276]), the display controller being further configured to cause the display to show successive frames of a main presentation when the camera is imaging the display (para[0051]; para[0075]-para[0077]; para[0146]; para[0205]; para[0221]; para[0232]; para[0236]; regarding Figs. 4A-4D and 10A-10C, “the control of… the picture-element light sources 35 may be synchronized in particular with the associated camera 23, in order to enable a display… in… frames”, and thus, “the representation of the virtual background is generated by means of the picture-element light sources” and recorded with the camera 23) and to intermittently display a predetermined map of indicia such that the map of indicia is only displayed when the locating device is imaging the display (para[0051]; para[0075]-para[0077]; para[0146]; para[0232]-para[0236]; para[0254]; para[0275]-para[0276]; regarding Figs. 4A-4D and 10A-10C, “The control of the position marker light sources may in particular be synchronized with the associated camera, in order to be able to detect the position markers in frames provided therefor and to be able to determine the spatial position of the associated camera in these frames, while only the representation of the virtual background is displayed in the other frames”; “By such alternating or intermittent control of the position marker light sources and the picture-element light sources, the determining of the position of the associated camera may in particular take place in frames specifically provided for this purpose, while in other frames only the representation of the virtual background is generated by means of the picture-element light sources”; “The position marker light sources and the picture-element light sources may, for example, generate light alternating in successive frames”, and “only the image sensor of the auxiliary camera, but not the image sensor of the main camera, is light-sensitive to… the position markers”; e.g. auxiliary camera 27 detects the markers 29 when the markers 29 intermittently emit light) and the locating device can determine its own location in response to imaging the map of indicia (para[0077]; para[0232]; para[0234]-para[0236]; para[0275]-para[0276]; regarding Figs. 4A-4D and 10A-10C, “The auxiliary camera 27 is arranged at a defined position relative to the camera 23 and is oriented in such a way, that the respective fields of view of the main camera 23 and the auxiliary camera 27 essentially correspond to one another”; “based on a respective location L1 or L2 of the position markers 29 or the imaged position markers 41 in the image 39 generated by the auxiliary camera 27”, “the position of the auxiliary camera 27 may first be determined, whereupon based on the defined relative position of the auxiliary camera 27 to the camera 23, the position A of the camera 23 may then be directly deduced”).
However, Ukas-Bradley does not appear to expressly disclose the display controller is configured to cause the display to reduce an intensity or change a color of the main presentation in a penumbral region about each indicia in the predetermined map of indicia when a frame fo the predetermined map of indicia is displayed.
Vandeweerd discloses a display controller is configured to cause a display to reduce an intensity or change a color of a main presentation in a penumbral region about each indicia in a predetermined map of indicia when a frame of the predetermined map of indicia is displayed (“As illustrated in FIGS. 4A, 4B, and 4C, a captured image 450 may include one or more security markers 415a to 415m”; “with reference to FIG. 3, the one or more security markers 415 may be periodically provided by security marker frames 320”; based on Figs. 3-4C, as shown in Fig. 11, “At 1166, the processor 202 may alter the captured image 450”; “Altering the captured image 450 may include the processor 202 modifying the captured image to obscure an image portion circumscribed by a security boundary defined by the security marker”, and thus, to obscure parts of the captured image 450 in the penumbra of each security marker, based on the broadest reasonable interpretation of the claimed limitations; “the portion of the captured image 450 circumscribed by the security boundary may be blurred out or obscured with an overlaid pattern”; accordingly, a portion of the penumbra of each of the security markers forming the security boundary is obscured or changed in color by blurring, that is, by smoothing color transitions; para[0069]-para[0070]; para[0073]-para[0074]; para[0084]; para[0138]-para[0140]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the teachings in Ukas-Bradley’s invention, with the teachings in Vandeweerd’s invention, to have the display controller is configured to cause the display to reduce an intensity or change a color of the main presentation in a penumbral region about each indicia in the predetermined map of indicia when a frame of the predetermined map of indicia is displayed, for the advantage of making the main presentation less discernible than the indicia to an unaided human eye in those regions (para[0070]; para[0140]).
Regarding claim 20, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 1). In addition, the combination already discloses each penumbral region is a circle (see e.g. in Ukas-Bradley position markers are circular (Figs. 5 and 10A-10C; para[0091]), and see e.g. in Vandeweerd “security markers 415 could be circular or rectangular in shape”, and when the security markers 415 are circular it is clear their penumbra is circular (para[0070]).
Regarding claim 21, Ukas-Bradley and Vandeweerd disclose all the claim limitations as applied above (see claim 20). In addition, the combination already discloses respective penumbral regions have different sizes (see para[0070] of Vandeweerd; since “security markers 415 could be circular or rectangular in shape” and “may be a distinct shape”, they may be of different sizes, and it is clear their penumbra may have different sizes, accordingly). The motivation is the same as claim 1 above.
Response to Arguments
Applicant's arguments filed on 12/22/2025 have been fully considered but they are not persuasive.
Regarding claim 1 (and similar claim 18), the applicant argues on pages 7-9 of the remarks that “Vanderweerd is… silent on altering the main presentation in the penumbral region around the indicia and cannot support a prima facie case of obviousness of the currently presented claims when combined with Ukas-Bradley”, because in Vandeweerd “the modification occurs on the electronic device 110, rather than the display device 120”. In response to applicant's argument, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). As shown in the above rejection, Vandeweerd is simply used as disclosing modifications performed in a main presentation of an exemplary display such as the display of device 110 which also displays a map of indicia (e.g. image 450 and one or more security markers 415a to 415m in Figs. 4A, 4B, and 4C; see above rejection).
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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/GLORYVID FIGUEROA-GIBSON/Patent Examiner, Art Unit 2623
/CHANH D NGUYEN/Supervisory Patent Examiner, Art Unit 2623