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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 22 – 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11,943,560. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of U.S. Patent No. 11,943,560 anticipated claims 22-30.
AN 18/589,465
US 11,943,560
An information processing apparatus comprising:
one or more memories storing instructions; and one or more processors executing the instructions to:
An information processing apparatus comprising:
one or more processors functioning, by executing instructions stored in one or more memories, as the following units:
receive a user operation via a user interface;
a display unit configured to display a user interface to select the parameter with an image indicating the display condition; wherein the user interface receives a user input, wherein the setting unit sets the parameter in accordance with a user input that is received via the user interface,
specify, based on the received user operation, identification information common to a plurality of virtual objects and virtual viewpoint information on a virtual viewpoint image;
a setting unit configured to set a parameter with which a display condition of additional information that is displayed in a virtual viewpoint image, identification information indicating the additional information, and virtual viewpoint information on a virtual viewpoint image that is generated are associated;
output a parameter to a generation apparatus so that the plurality of virtual objects are displayed by switching in a predetermined order;
wherein the parameter includes identification information associated with a registered plurality of virtual objects and the virtual viewpoint information on the virtual viewpoint image
an output unit configured to output the parameter that is set by the setting unit;
wherein in a case where the parameter associated with multiple pieces of additional information is set by the setting unit, the output unit outputs the parameter so that the multiple pieces of additional information are output in a predetermined order {thus switching}.
AN 18/589,465
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US 11,943,560
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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.
Claim(s) 22 – 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aizawa (US 2018/0288394) in view of Jo et al. (US 2015/0189350).
Regarding independent claim 22, Aizawa teaches an information processing apparatus (Figures 1C, 2) comprising:
one or more memories storing instructions (paragraph 84: memory storing instructions); and one or more processors executing the instructions (paragraph 84: processor executing instructions) to:
receive a user operation via a user interface (paragraph 38: the input unit 114 of the back-end server 104 accepts user's operation of specifying a scene of the sport, and the scene setting unit 204 sets the scene based on the accepted operation; paragraph 32: displays a graphical user interface (GUI) and outputs a guiding sound so that the user can operate the back-end server 104);
specify, based on the received user operation, {3}identification information{3} common to {1}a plurality of virtual objects{1} and {4}virtual viewpoint information{4} on {2}a virtual viewpoint image{2} (paragraph 38: The scene setting unit 204 sets a scene of a sport or an event captured by the plurality of sensor systems 101 to determine {1}a virtual advertisement{1} to be inserted in {2}the virtual viewpoint image{2}; paragraph 37: according to the present embodiment, the virtual advertisement is assumed to correspond to {3}a fixed position{3} which does not change according to {4}the virtual viewpoint in the three-dimensional coordinate system{4});
output a parameter (paragraph 36: the information stored in the advertisement storing unit 203 is a position, a shape, a display content (image data), and the like of these virtual advertisements) to a generation apparatus so that the plurality of virtual objects are displayed (paragraph 53: the virtual advertisement combined in the virtual viewpoint image is only a virtual advertisement which is placed in the viewing angle (the view of the virtual viewpoint) of the virtual camera 107) <by switching in a predetermined order>; and
wherein the parameter includes identification information associated with a registered plurality of virtual objects and the virtual viewpoint information on the virtual viewpoint image (paragraph 36: the information stored in the advertisement storing unit 203 is a position, a shape, a display content (image data), and the like of these virtual advertisements).
Aizawa does not expressly disclose the plurality of virtual objects are displayed by switching in a predetermined order, however Aizawa discloses the virtual advertisements are displayed during real time and broadcasted live (paragraph 49 and Figures 9A-9F) and the input unit 114 of the back-end server 104 accepts user's operation of specifying a scene of the sport, and the scene setting unit 204 sets the scene based on the accepted operation (paragraph 38). Jo discloses a user interface for inputting information on an added virtual object area, wherein a first box 810 and a second box 820 indicated by dotted lines refer to user interfaces for inputting a start time (StartTime) and an end time (EndTime) for displaying a virtual object area, a size of the virtual object area, for example, a width and a height of the virtual object area and a location of the virtual object area, for example, XPoint and YPoint of the virtual object area, content or a URL address of an advertisement to be added to the virtual object area, and information on an event address generated in response to a click on the virtual object area, as information on the virtual object area through an annotation tool (paragraph 60), and in response to a selection of a user on a temporal location and a spatial location indicated by at least one caption, the virtual object area adder 1440 may add the virtual object area by locating the virtual object area to be above at least one caption based on the temporal location and the spatial location, wherein the temporal location may be a predetermined frame of a video or a time of the video, and the spatial location may be a X coordinate, Y coordinate, width, and height information of a caption corresponding to a current time or a current frame (paragraph 69) with a list of virtual object parameters 910 that include advertisement are stored and displayed (paragraph 61 and Figure 9).
Aizawa discloses displaying a virtual advertisement at a location and dimensions in a real-world scene (paragraphs 36, 37) where a user can set parameters of a scene using a user interface (paragraph 38).
Jo discloses a user interface that a user can define temporal location defines by StartTime and EndTime and spatial location defined by Xpoint, Ypoint, height, and width of parameters of a virtual advertisement (paragraph 60 and 69 and Figure 8) being displayed in a live broadcast based on user defined parameters (Figure 2) where a list of virtual object parameters of advertisements defined by the user is stored and displayed (paragraph 61 and Figure 9).
It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA ) or at the time of the effective filing date of the application (AIA ) to achieve a predictable result of a predictable result of storing plurality of virtual advertisement parameters having at least a start time and end time timing order and displaying the plurality of virtual advertisements in a 3D environment based on the timing order defined by a user utilizing a user interface by modify Aizawa's system that utilizes a user interface for controlling the placement, content, and validity of displaying of each virtual advertisements in a 3D environment by adding to the user interface of Aizawa to further specifies the start time and the end time of each displayed advertisement thus each virtual advertisement is stored and displayed in the user defined time order as taught by Jo, and the result would have been predictable.
Regarding dependent claim 23, the combination of Aizawa’s and Jo’s systems teaches wherein the output parameter includes information associated with an interval that the plurality of virtual objects are switched (Jo, paragraph 60: a first box 810 and a second box 820 indicated by dotted lines refer to user interfaces for inputting a start time (StartTime) and an end time (EndTime) for displaying a virtual object area).
Regarding dependent claim 24, the combination of Aizawa’s and Jo’s systems teaches wherein the one or more processors further execute the instructions to display the user interface to select the parameter (Jo, paragraph 60: a first box 810 and a second box 820 indicated by dotted lines refer to user interfaces for inputting a start time (StartTime) and an end time (EndTime) for displaying a virtual object area, a size of the virtual object area, for example, a width and a height of the virtual object area and a location of the virtual object area, for example, XPoint and YPoint of the virtual object area, content or a URL address of an advertisement to be added to the virtual object area, and information on an event address generated in response to a click on the virtual object area, as information on the virtual object area through an annotation tool; Aiwaza, paragraph 32: displays a graphical user interface (GUI) and outputs a guiding sound so that the user can operate the back-end server 104).
Regarding dependent claim 25, Aizawa teaches wherein the virtual viewpoint information is information including at least one of a position of a virtual viewpoint, a view direction from the virtual viewpoint, and an angle of view corresponding to the virtual viewpoint (paragraph 34: The viewpoint information is information to identify a position and a posture of the (a position and a view direction of the virtual viewpoint) of the virtual camera 107. For example, the position of the virtual camera 107 is expressed with a coordinate value in a coordinate system that corresponds to a stadium as a subject, and the posture of the virtual camera 107 is expressed by using a rotation matrix).
Regarding dependent claim 26, the combination of Aizawa’s and Jo’s systems teaches wherein the one or more processors further execute the instructions to set, as the parameter, a time code of the virtual viewpoint image that is generated by the generation apparatus (Jo, paragraph 60: a first box 810 and a second box 820 indicated by dotted lines refer to user interfaces for inputting a start time (StartTime) and an end time (EndTime) for displaying a virtual object area).
Regarding dependent claim 27, Aizawa teaches wherein the virtual object includes information relating to an advertisement that is indicated by a 3D model format (paragraph 37: The shape of the virtual advertisement is stored as a three-dimensional model) or texture (paragraph 37: The display content of the advertisement is stored as still image data or moving image data).
Regarding dependent claim 28, Aizawa teaches wherein the virtual object includes information relating to an object included in the virtual viewpoint image (paragraph 36: The three-dimensional coordinate system according to the present embodiment is a coordinate system that defines a virtual three-dimensional space corresponding to an actual space. The advertisement 301a is a cylindrical-shaped virtual advertisement placed near a corner D. The advertisement 301b is a sphere-shaped virtual advertisement placed high above the center circle. The advertisement 301c is a plate-like virtual advertisement placed at the center circle), which is indicated by a 3D model format (paragraph 37: The shape of the virtual advertisement is stored as a three-dimensional model) or texture (paragraph 37: The display content of the advertisement is stored as still image data or moving image data).
Regarding dependent claim 29, Aizawa teaches wherein the one or more processors further execute the instructions to store, based on the user operation that is received, a plurality of virtual objects displayed on the virtual viewpoint image in the generation apparatus (paragraph 36: the information stored in the advertisement storing unit 203 is a position, a shape, a display content (image data), and the like of these virtual advertisements).
Regarding independent claim 30, Aizawa teaches a system (Figures 1C, 2) comprising:
one or more memories storing instructions (paragraph 84: memory storing instructions); and one or more processors executing the instructions (paragraph 84: processor executing instructions) to:
receive a user operation via a user interface (paragraph 38: the input unit 114 of the back-end server 104 accepts user's operation of specifying a scene of the sport, and the scene setting unit 204 sets the scene based on the accepted operation; paragraph 32: displays a graphical user interface (GUI) and outputs a guiding sound so that the user can operate the back-end server 104);
specify, based on the received user operation, {3}identification information{3} common to {1}a plurality of virtual objects{1} and {4}virtual viewpoint information{4} on {2}a virtual viewpoint image{2} (paragraph 38: The scene setting unit 204 sets a scene of a sport or an event captured by the plurality of sensor systems 101 to determine {1}a virtual advertisement{1} to be inserted in {2}the virtual viewpoint image{2}; paragraph 37: according to the present embodiment, the virtual advertisement is assumed to correspond to {3}a fixed position{3} which does not change according to {4}the virtual viewpoint in the three-dimensional coordinate system{4}); and
output a parameter (paragraph 36: the information stored in the advertisement storing unit 203 is a position, a shape, a display content (image data), and the like of these virtual advertisements) to a generation apparatus so that the plurality of virtual objects are displayed (paragraph 53: the virtual advertisement combined in the virtual viewpoint image is only a virtual advertisement which is placed in the viewing angle (the view of the virtual viewpoint) of the virtual camera 107) <by switching in a predetermined order>;
wherein the parameter includes identification information associated with a registered plurality of virtual objects and the virtual viewpoint information on the virtual viewpoint image (paragraph 36: the information stored in the advertisement storing unit 203 is a position, a shape, a display content (image data), and the like of these virtual advertisements); and
generate, based on the parameter, a virtual viewpoint image (paragraph 53: the virtual advertisement combined in the virtual viewpoint image is only a virtual advertisement which is placed in the viewing angle (the view of the virtual viewpoint) of the virtual camera 107).
Aizawa does not expressly disclose the plurality of virtual objects are displayed by switching in a predetermined order, however Aizawa discloses the virtual advertisements are displayed during real time and broadcasted live (paragraph 49 and Figures 9A-9F) and the input unit 114 of the back-end server 104 accepts user's operation of specifying a scene of the sport, and the scene setting unit 204 sets the scene based on the accepted operation (paragraph 38). Jo discloses a user interface for inputting information on an added virtual object area, wherein a first box 810 and a second box 820 indicated by dotted lines refer to user interfaces for inputting a start time (StartTime) and an end time (EndTime) for displaying a virtual object area, a size of the virtual object area, for example, a width and a height of the virtual object area and a location of the virtual object area, for example, XPoint and YPoint of the virtual object area, content or a URL address of an advertisement to be added to the virtual object area, and information on an event address generated in response to a click on the virtual object area, as information on the virtual object area through an annotation tool (paragraph 60), and in response to a selection of a user on a temporal location and a spatial location indicated by at least one caption, the virtual object area adder 1440 may add the virtual object area by locating the virtual object area to be above at least one caption based on the temporal location and the spatial location, wherein the temporal location may be a predetermined frame of a video or a time of the video, and the spatial location may be a X coordinate, Y coordinate, width, and height information of a caption corresponding to a current time or a current frame (paragraph 69) with a list of virtual object parameters 910 that include advertisement are stored and displayed (paragraph 61 and Figure 9).
Aizawa discloses displaying a virtual advertisement at a location and dimensions in a real-world scene (paragraphs 36, 37) where a user can set parameters of a scene using a user interface (paragraph 38).
Jo discloses a user interface that a user can define temporal location defines by StartTime and EndTime and spatial location defined by Xpoint, Ypoint, height, and width of parameters of a virtual advertisement (paragraph 60 and 69 and Figure 8) being displayed in a live broadcast based on user defined parameters (Figure 2) where a list of virtual object parameters of advertisements defined by the user is stored and displayed (paragraph 61 and Figure 9).
It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA ) or at the time of the effective filing date of the application (AIA ) to achieve a predictable result of a predictable result of storing plurality of virtual advertisement parameters having at least a start time and end time timing order and displaying the plurality of virtual advertisements in a 3D environment based on the timing order defined by a user utilizing a user interface by modify Aizawa's system that utilizes a user interface for controlling the placement, content, and validity of displaying of each virtual advertisements in a 3D environment by adding to the user interface of Aizawa to further specifies the start time and the end time of each displayed advertisement thus each virtual advertisement is stored and displayed in the user defined time order as taught by Jo, and the result would have been predictable.
Conclusion
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/JEFFREY J CHOW/Primary Examiner, Art Unit 2618