DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 5-9 and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bosse (WO 2020/069976) in view of Oh et al. (US Patent No. 12,003,691.
With reference to claims 1, 16, and 20, Bosse discloses an apparatus for graphics processing (14) (see pg. 7, ln. 29-pg. 8, ln 6; Fig. 4), comprising:
a memory (see pg. 8, ln 35-pg. 9, ln 2); and
a processor (20) coupled to the memory and, based on information stored in the memory (see pg. 8, lns. 15-23; Fig. 4), the processor is configured to:
receive/transmit, over a network, a first indication of a gaze of a user (see pg. 8, lns. 1-23; Figs. 1-2);
compute, based on the first indication of the gaze of the user (2), an importance map for an encoding of a frame (in teaching prediction of the position of the viewport (8); see pg. 2, ln. 27-pg. 3, ln 9; pg. 4, lns 5-18);
encode a set of regions of the frame based on the computed importance map (see pg. 4, lns 5-35); and
output a second indication of the encoded set of regions of the frame (see pg. 19, lns 5-19; pg. 10, lns 27-34).
While disclosing receiving a first indication as recited, Bosse fails to specifically recite that the first indication indicates a first and second region of interest as recited.
Oh discloses a HMD which identifies a region of interest based on the user’s viewpoint (see abstract; column 2, lines 65-column 3, line 3; column 5, lines 7-31; Figs. 1-4), wherein a processor receives a first indication of a gaze of a user (see column 5, lines 55-67), wherein the first indication indicates a first region (406) of interest and a second region (408) of interest for a frame (304), wherein the first region of interest (406) and the second region of interest (408) is at a higher quality than a third region (i.e trees) of the frame (310) (see column 5, lines 6-48; Figs. 3-4).
Therefore it would have been obvious to one of ordinary skill in the art to allow identifying the first and second region similar to that which is taught by Oh to be carried out in a system similar to that which is taught by Bosse to thereby allow focus adjustment of an object being viewed by the user (see Oh; column 1, lines 35-38).
With reference to claim 3, Bosse and Oh disclose the apparatus of claim 1, wherein Bosse further discloses wherein the processor is further configured to set a first bitrate for the first region of the interest of the frame and a second bitrate for the third region of the frame, wherein the first bitrate is different from the second bit rate (in teaching sub-predictors of the viewpoint (8); see pg. 8, ln. 15-pg. 9, ln. 2; Fig. 1).
With reference to claim 5, Bosse and Oh disclose the apparatus of claim 1, wherein Bosse further discloses wherein the first indication of the gaze of the user comprises at least one of a set of predicted eye gaze poses of the user, a set of time intervals for which the set of predicted eye gaze poses is valid, or a set of confidence values for the set of predicted eye gaze poses (see pg. 8, lns. 1-23; pg. 12, ln. 13-pg. 13, ln. 17).
While disclosing eye gaze poses as recited, Bosse fails to specifically disclose the first and second region of interest as recited.
Oh discloses wherein a first eye gaze pose of the set of eye gaze poses of the user corresponds with the first region of interest and a second eye gaze pose of the set of eye gaze poses of the user corresponds with [the] second region of interest (see column 5, lines 6-67; Figs. 3-4)
With reference to claim 6, Bosse and Oh disclose the apparatus of claim 5, wherein Bosse further discloses wherein, to compute the importance map, the processor is further configured to: normalize the set of confidence values based on the set of predicted eye gaze poses (see pg. 8, lns. 1-23); and compute the importance map based on the normalized set of confidence values (see pg. 12, ln. 13-pg. 13, ln. 17).
Oh further discloses encoding based on the first region of interest and the second region of interest of the gaze of the user (see column 5, lines 6-67; Figs. 3-4).
With reference to claim 7, Bosse and Oh disclose the apparatus of claim 6, wherein Bosse further discloses wherein, to compute the importance map, the processor is further configured to: sort the set of predicted eye gaze poses based on the normalized set of confidence values (see pg. 12, ln. 13-pg. 13, ln. 17).
Oh further discloses encoding based on the first region of interest and the second region of interest of the gaze of the user (see column 5, lines 6-67; Figs. 3-4).
With reference to claim 8, Bosse and Oh disclose the apparatus of claim 7, wherein Bosse further discloses wherein, to compute the importance map, the processor is further configured to: identify, based on (1) the sorted set of predicted eye gaze poses and (2) the normalized set of confidence values, the set of regions of the frame; and assign, based on the normalized set of confidence values, a set of importance values to the set of regions of the frame (in teaching confidence information of the predicted viewpoint location; see pg. 17, lns. 19-33).
Oh further discloses encoding based on the first region of interest and the second region of interest of the gaze of the user (see column 5, lines 6-67; Figs. 3-4).
With reference to claim 9, Bosse and Oh discloses the apparatus of claim 8, wherein Bosse discloses the importance map for encoding a frame (in teaching prediction of the position of the viewport (8); see pg. 2, ln. 27-pg. 3, ln 9; pg. 4, lns 5-18), however fails to disclose the first and second regions of interest as recited.
Oh further discloses and further discloses wherein, to compute, based on the first region of interest and the second region of interest of the gaze of the user (see column 5, lines 6-67; Figs. 3-4), and the processor is further configured to: determine that the first region of interest and a second region of interest in the set of regions are within a threshold distance of one another (in teaching capturing of environmental image (600) including multiple regions of interest (602, 604); see column 7, line 4-9; Fig. 6); merge, based on the determination, the first region of interest and the second region of interest into a single region (see column 10, lines 28-58; Figs. 8-9); and assign, based on a first importance value of the first region of interest and a second importance value of the second region of interest, a single confidence value to the single region (see column 10, lines 24-40; Figs. 8-9).
With reference to claim 12, Bosse and Oh discloses the apparatus of claim 1, wherein Bosse further discloses wherein, the processor is further configured to: obtain a third indication comprising at least one of prior gaze information for the user (see pg. 12, lns., 9-11), animation elements associated with the frame, interactivity elements associated with the frame (in teaching gaming experience; pg. 9, lns. 24-27), or region of interest (ROI) information associated with the frame (in teaching viewpoint (8); see Fig. 1), wherein to compute the importance map, the processor is configured to compute the importance map (out of sight area) further based on the third indication (see pg. 7, lns. 29-34; Fig. 1).
Oh further discloses encoding based on the first region of interest and the second region of interest of the gaze of the user (see column 5, lines 6-67; Figs. 3-4).
With reference to claim 13, Bosse and Oh discloses the apparatus of claim 1, wherein Bosse further discloses wherein the frame is associated with extended reality (XR) content of a device (see pg. 19, lns. 5-19), and wherein the device comprises one of a wearable display device, a headset, or a head-mounted display (HMD) (see pg. 7, lns, 29-34; Figs. 1-2).
With reference to claim 14, Bosse and Oh discloses the apparatus of claim 1, wherein Bosse further discloses wherein, the apparatus comprises a wireless communication device comprising at least one of a transceiver or an antenna coupled to the processor, wherein the processor is further configured to receive the first indication of the gaze of the user via at least one of the transceiver or the antenna (see pg. 8, lns. 1-7; Fig. 2).
With reference to claim 15, Bosse and Oh discloses the apparatus of claim 1, wherein Bosse further discloses wherein, the processor is further configured to: perform a negotiation (102) with a device to enable eye tracking and transmission, wherein, to receive the first indication of the gaze, the processor is configured to receive the first indication of the gaze subsequent to the performed negotiation (see pg. 8, lns. 1-13, pg. 10, lns. 11-26; Figs. 1, 3).
With reference to claim 17, Bosse discloses the apparatus of claim 16, and further discloses wherein, the first indication of the gaze of the user comprises at least one of a set of predicted eye gaze poses of the user, a set of time intervals for which the set of predicted eye gaze poses is valid, or a set of confidence values for the set of predicted eye gaze poses (see pg. 8, lns. 15-23; pg. 9, lns. 19-23), wherein the processor is further configured to: generate, via a camera of the device, the set of predicted eye gaze poses of the user (see pg.9, lns. 19-23); obtain, via an extended reality (XR) runtime (see pg. 19, lns. 5-19), the set of confidence values for the set of predicted eye gaze poses; or estimate, based on confidence criteria, the set of confidence values for the set of predicted eye gaze poses (in teaching confidence information of the predicted viewpoint location; see pg. 17, lns. 19-33).
While disclosing predicted eye gaze poses of the user as recited, Bosse fails to disclose the first and second region of interest as recited.
Oh further discloses wherein a first eye gaze pose of the set of eye gaze poses of the user corresponds with the first region of interest and a second eye gaze pose of the set of eye gaze poses of the user corresponds with [the] second region of interest (see column 5, lines 6-67; Figs. 3-4).
With reference to claim 18, Bosse and Oh discloses the apparatus of claim 17, wherein Bosse further discloses wherein, the confidence criteria comprise at least one of, a time difference between a first time instance corresponding to a transmission of the first indication and a second time instance corresponding to a display time for the frame, a set of head poses of the user, or an estimated velocity of a head of the user (pg. 11, ln. 32-pg. 12, ln. 11).
With reference to claim 19, Bosse and Oh discloses the apparatus of claim 16, wherein Bosse further discloses wherein, the bitstream is encoded, wherein to output the indication of the received bitstream, the processor is configured to: decode the bitstream to produce the frame (108); and transmit the frame for display on the display panel (112) (in teaching encoding, which inherently includes decoding; see pg. 8, lns. 30-35; Fig. 3).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Bosse and Oh as applied to claim 8 above, and further in view of Mammou et al. (US Patent Publication No. 2017/0302918; hereafter Mammou).
With reference to claim 10, Bosse and Oh discloses the apparatus of claim 8, wherein Oh discloses the first region of interest and the second region of interest (see column 5, lines 6-67; Figs. 3-4), however fails to disclose CTUs as recited.
Mammou discloses a system, method, and apparatus for streaming virtual reality content (see abstract, 20, 29) and further discloses wherein, each of the set of regions is associated with one or more coding tree units (CTUs) (see paragraph 33).
Therefore it would have been obvious to one of ordinary skill in the art to allow the usage of a CTU similar to that which is taught by Mammou to be carried out in a system similar to that which is taught by Bosse and Oh to thereby improve the visual experience (see Mammou; paragraphs 2-3).
With reference to claim 11, Bosse, Oh, and Mammou discloses the apparatus of claim 10, wherein Bosse further discloses wherein, to identify the set of regions of the frame, the processor is further configured to identify a set of importance regions and a set of non-importance regions (out of sight region; see pg. 7, lns. 29-34), and wherein to assign the set of importance values, the processor is configured to assign a minimum importance value to each of the set of non-importance regions (in teaching processing video stream based on a predicted location of the viewpoint portion; see pg. 8, lns. 1-6).
Oh further discloses the first region of interest and the second region of interest of the frame, wherein the set of non-importance regions (i.e. trees) comprises the third region of the frame (see column 5, lines 6-67; Figs. 3-4).
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Bosse and Oh as applied to claim 5 above, and further in view of Itsumi et al. (US Patent Publication No. 2023/0343106; hereafter Itsumi).
With reference to claim 21, Bosse and Oh disclose the apparatus of claim 5, wherein Bosse discloses wherein, to compute, based on the region of interest of the gaze of the user (see pg. 8, lns. 1-23), the importance map for the encoding of a frame (see pg. 12, ln. 13-pg. 13, ln. 17), the processor is configured to: assign, based on the set of confidence values for the set of predicted eye gaze poses (in teaching confidence information of the predicted viewpoint location; see pg. 17, lns. 19-33). Oh further discloses the first region of interest and the second region of interest of the gaze of the user (see column 5, lines 6-67; Figs. 3-4) as explained above.
Bosse and Oh fail to disclose a radius of the first and second region of interest as recited.
Itsumi discloses a system rich improves image quality at determined region of interest (see paragraphs 68, 78; Figs. 5-9) wherein the processor (200) is configured to assign, based on confidence values, a first radius (AR) for the first region of interest (ROI1) of the frame (see paragraph 72; Figs. 8, 13) and a second radius for the second region of interest (DR) of the frame (see paragraph 71; Fig. 8), wherein a first confidence value of the set of confidence values corresponds with the first region of interest, wherein a second confidence value of the set of confidence values corresponds with the second region of interest, wherein the first radius is larger than the second radius (see paragraphs 72-73).
Therefore it would have been obvious to one of ordinary skill in the art to allow forming a first and second radius of the regions of interest similar to that which is taught by Itsumi to be carried out in a system similar to that which is taught by Bosse and Oh to thereby determine a region to be subjected to predetermined image processing (see Itsumi; paragraph 62).
With reference to claim 22, Bosse, Oh, and Itsumi disclose the apparatus of claim 21, wherein Itsumi further discloses, wherein, to encode (150) the first region of interest and the second region of interest of the frame at the higher quality than the third region of the frame based on the computed importance map (see paragraphs 86-87), the processor (200) is configured to: encode (see paragraphs 87-89) the first region of interest corresponding to the first radius and the second region of interest corresponding to the second radius at a higher quality than the third region of the frame based on the computed importance map (see paragraphs 90-92; Figs. 10-13).
Response to Arguments
Applicant's arguments filed 01/26/2026 have been fully considered but they are not persuasive. With reference to claims 1, 16, and 20, the applicant argues Oh fails to teach features of the claim, and Bosse fails to remedy the defects of the teachings of Oh. The examiner finds that the applicant has argued the references opposite to that in which the rejection is made. The applicant argues that Oh fails to teach the features that are explained by the examiner to be taught by Bosse, and argues Bosse fails to teach features that are explained to be taught by Oh (see applicant’s arguments page 9-11). The examiner finds that Bosse discloses features of the claim including computing an importance map for encoding a frame based on the gaze of the user (see page 2, line 27-page 3, line 9; page 4, lines 5-18), encoding a set of regions (see page 4, lines 5-35), and outputting a second indication of the encoded regions (see page 19, lines 5-18; page 10, lines 27-34). Bosse discloses detecting a first indication, but fail to disclose that the first indication indicates a first and second region of interest and encoding the regions at a higher quality than a third region. Oh is used to remedy this defect. The examiner finds that Oh discloses a detections of a first and second region of interest based on a gaze of the user, wherein the first and second region of interest are at a higher quality than a third region (see column 5, lines 6-67; Figs. 3-4). With further reference to claim 16, the applicant argues that Bosse fails to disclose a bitstream for a frame, wherein the bitstream includes a set of bitrates for a regions of the frame. The examiner finds that one of ordinary skill in the art would understand that the received video stream processed by the data generator and the encoder inherently includes bitstream data of bitrates for the frame of video data. Therefore the examiner finds that Bosse in view of Oh discloses receiving a first indication of a gaze of a user, wherein the first indication includes a first and second regions of interest as recited in the claim. With reference to claim 21, the applicant argues that Itsumi fails to disclose a first and second radius as recited. The examiner, disagrees and finds that Itsumi discloses setting a first and second region of interest, and assigning, based on confidence values for eye gaze poses, a first radius for a first region of interest and a second radius for a second region of interest in teaching detecting the travel lane (ROI1) and an adjacent lane (ROI2) (see paragraphs 70-73; Figs. 7-8). For these reasons the examiner finds that Bosse in view of Oh teaches the claims as recited in claims 1, 3, 5-15, 20-22.
Conclusion
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/ADE/Examiner, Art Unit 2625
/WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625