DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of claims: claims 1, 3-11, 13-20 are pending below. Claim 2 and 12 have been cancelled.
Response to Arguments
Applicant's arguments filed July 27th 2026 have been fully considered but they are not persuasive.
Applicant remark – (page 11-15) Applicant remarks there is no generating of the geo fence by spatial structure by the cited prior art. Please see Remarks for more detail.
Examiner response – Examiner respectfully disagree. Selbrede teaches the use of augmented reality engine to generate realistic experience for the user in paragraph 0002-0003, where the application is used on generating/creating geo fence environment. Paragraph 0060 of Selbrede bring these elements of all the sensor data together (real world spatial structure information) to generate the VR of the real-world that would include the generated geofence. Turgman et al teaches creating (generating) a geo-fence with perimeter boundaries in paragraph 0014. Please see the Office Action below for further detail. Examiner encourage the amendment of already objected claims to advance the prosecution, thus would result in compact prosecution.
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, 3-4, 6-9, 11, 13-14, 16-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Selbrede (US 2020/0364937) in view of Turgman et al (US 2014/0045516).
Claim 1, similarly claims 11 and 20:
Selbrede (US 2020/0364937) teach the following subject matter:
A method for automatically generating a geofence (0075 detail geofence), comprising:
obtaining an environmental image, wherein the environmental image is obtained by photographing a scene is located (0060 detail image sensor for real-world environment images from array of cameras with augment reality (AR), where 0087 detail user position using AR);
generating spatial structure information based on the environmental image, wherein the spatial structure information comprises a three-dimensional (3D} point cloud and information about at least one plane, and the at least one plane is determined by distribution of points of the 3D point cloud on the at least one plane (0060 detail virtual representation include depth map of feature in the real-world environment with point (point cloud) providing distance, position, location, dimension of objects (spatial structure) and dimension of the room (one plane)) wherein the at least one plane comprises at least one horizontal plane and another plane, and the another plane comprises a horizontal plane or a vertical plane (above, abstract and 0005 and 0017 detail three-dimensional model render by the AR engine, where three-dimension includes X, Y and Z planes (horizontal and vertical planes); paragraph 0060 further detail AR engine that consider data from sensors (data from real-worl spatial structure) that includes three-axis or six-axis that would generated further dimension (which include planes); 0080 and 0083-0084) and
generating the geofence based on the spatial structure information (0075 detail using AR engine with data collected to define geofence from the determined data; claim 12).
Selbrede teaches all the subject matter above, but not the following: a scene in which a user is located
Turgman et al (US 2014/0045516) teaches the following subject matter:
a scene in which a user is located (0022-0024 detail updating user location at the circle center of the geo-fence of the environment surrounding by car, matching interests, food vendor (user’s environment)).
Selbrede and Turgman et al are both in the field of image analysis, especially geo-fence the surrounding/environment of the user/image sensor(s) that is mobile such that the combine outcome is predictable.
Therefore it would have been obvious to one having ordinary skill before the effective filing date to modify Selbrede by Turgman et al regarding consideration of user location enable the user profile be suggested other interest for matching while traveling in various area as disclosed by Turgman et al in 0029.
Regarding claim 11, Selbrede teach apparatus in paragraph 0006-0007 with memory and processors.
Regarding claim 20, Selbrede teach non-transitory machine-readable storage medium in 0006-0007.
Claim 3, similarly claim 13:
Selbrede teach:
The method according to claim 1, wherein before the generating spatial structure information based on the environmental image, the method further comprises:
obtaining inertial measurement unit (IMU} data, wherein the IUM data is obtained by performing IMU resolving on an object in the scene in which the user is located (0060 detail use of inertial measure sensor (IUM) for the real-world environment to the virtual); and
the generating spatial structure information based on the environmental image comprises: generating the spatial structure information based on the environmental image and the IUM data (0060 detail virtual representation may also include other information about the real-world environment, such as the location(s) or dimension(s) of a set of objects in the real-world environment, the dimensions of a room in the real-world environment).
Claim 4, similarly claim 14:
Selbrede teach:
The method according to claim 1, wherein the environmental image is obtained by photographing the scene in which the user is located by using virtual reality (VR} glasses or an intelligent device with a camera (0003 detail include virtual reality (VR) and augmented reality (AR) experiences. AR experiences may take a variety of forms; 0043 detail analyze camera and IMU outputs to perform AR operations, such as pose detection, image recognition operation, machine learning operation (intelligent camera)).
Claim 6, similarly claim 16:
Selbrede teach:
The method according to claim 3, wherein when the spatial structure information further comprises pose information, depth data, mesh identification data, and 3D object identification information (0084 detail pose vector, mesh model using physical engine or AR engine, 3D or world-space coordinate, object in AR from real-world), the generating the spatial structure information based on the environmental image and the IMU data (0060 detail use of inertial measure sensor (IUM) for the real-world environment and objects), and the generating the geofence (0075) based on the spatial structure information comprise:
obtaining the pose information and the 3D point cloud based on the environmental image and the IMU data (0060 detail use of IUM and point cloud for distance, position, location and dimension of objects in real-world environment);
performing planar detection on the pose information and the 3D point cloud to obtain the plane (0080 detail AR engine with point cloud from LiDAR to determine planes);
performing depth detection based on the environmental image to obtain the depth data (0080 detail AR engine with point cloud from LiDAR to determine planes with depth maps of features; 0084 detail more);
processing the mesh identification data and the 3D object identification information based on the depth data (0080-0084, where 0080 detail depth maps of features and structures which 0084 further detail mesh model of 3D content); and
generating the geofence based on the 3D point cloud, the plane, and the mesh identification data and the 3D object identification information that are processed based on the depth data (0075 detail geofence from data from AR engine).
Claim 7, similarly claim 17:
Selbrede teach:
The method according to claim 6, wherein the depth data is time of flight TOF data (0042 detail time-of-flight sensor, 0080 and 0083).
Claim 8, similarly claim 18:
Selbrede teach:
The method according to claim 1, wherein the generating the geofence comprises: with a plane point of a user location in the scene in which the user is located as a center, generating the geofence by aligning with a coordinate system of the environmental image (0005 detail image sensor (user) and anchor position (center); 0041 detail position of sensors (user) for rear-facing and front-facing (center)).
Claim 9, similarly claim 18:
Selbrede teach:
The method according to claim 1, wherein after the generating the geofence, the method further comprises: storing the geofence as a historical geofence (0075 detail further geofence with downloading data with AR content template (historical) within the geofence).
Allowable Subject Matter
Claim 5, similarly claim 15, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. At the time of examination unable to find prior art teaching the claim concept and invention of claim 5.
Claim 10, similarly claim 19, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. At the time of examination unable to find prior art teaching the claim concept and invention of claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xiong et al (US 2023/0245396) teaches SYSTEM AND METHOD FOR THREE-DIMENSIONAL SCENE RECONSTRUCTION AND UNDERSTANDING IN EXTENDED REALITY (XR) APPLICATIONS - three-dimensionality of portions of the real-world operating environment captured in the sensor data (such as a surface mesh) and performs anchor configuration and tracking 341 for the real-world operating environment represented by the sensor mesh. The anchor configuration and tracking may include determining a consistent reference point (also known as an “anchor”) for a coordinate system for defining the positions of real-world objects and positioning virtual objects (0056) using inertial measurement unit (IMU) in 0006.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TSUNG-YIN TSAI whose telephone number is (571)270-1671. The examiner can normally be reached 7am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhavesh Mehta can be reached at (571) 272-7453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TSUNG YIN TSAI/Primary Examiner, Art Unit 2656
Prosecution Insights