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 .
Preliminary amendments have been filed on 8/19/2024. Claims 1-20 have been amended. Claims 1-20 are present for examination.
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: cloud management platform and rendering device in claims 1, 2, 4- 7, and 11.
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.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claim(s) recite(s) abstract idea of certain methods of organizing human activity.
MPEP 2106 III provides a flowchart for the subject matter eligibility test for product and processes. The claim analysis following the flowchart is as follows:
Regarding claim 10, it recites:
A method applied to a cloud management platform disposed in a cloud data center wherein the method comprises:
providing a login interface for a plurality of off-cloud asset providers and a plurality of off-cloud asset users to remotely log in to the cloud management platform using different accounts;
receiving a first graphic asset from at least one of the plurality of off-cloud asset providers;
setting the first graphic asset to be tradable;
obtaining introduction information of the first graphic asset;
setting a price for the first graphic asset;
publicly displaying the introduction information and the price on the internet;
receiving payment success information of at least one asset user of the plurality of off-cloud asset users for the first graphic asset;
recording, based on the payment success information, that the at least one asset user has permission to use the first graphic asset;
receiving, from a rendering device disposed in the cloud data center in response to a rendering request that is for the first graphic asset and that is from the at least one asset user, an obtaining request for the first graphic asset; and
sending, when the at least one asset user has permission to use the first graphic asset, the first graphic asset to the rendering device for rendering the first graphic asset to generate a first rendering result.
Step 1: Is the claim to a process, machine, manufacture or composition of matter?
Yes. It recites a method, which is a process.
Step 2A, Prong One: Does the claim recite an abstract idea, law of nature, or nature phenomenon?
Yes.
The steps of providing a login interface for provides and users, receiving graphic asset from providers, setting the graphic asset to be tradable, obtaining introduction information of the graphic asset, setting a price for the graphic asset, publicly displaying the introduction information and price of the graphic asset, receiving payment success information of a user, recording the asset user has permission to use the graphic asset, receiving obtaining request for the graphic asset, and sending the graphic asset to the rendering device for rendering can be interpreted as certain methods of organizing human activity including fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors, which is similar to the examples listed in MPEP 2106.04(a)(2) II, placing an order based on displayed market information, and/or commercial transactions of selling graphic assets.
Step 2A, Prong Two: Does the claim recite additional elements that integrate the judicial exception into a practical application?
No.
The additional elements in claim 5 can be the cloud management platform, which has no further details. Therefore, the cloud management platform at most can be interpreted as generic computer components or a computer environment, and it merely used as a tool to perform the concept.
Therefore, this judicial exception is not integrated into a practical application because generic computer components/environment as a tool to perform the abstract idea cannot integrate the abstract idea into practical application (see MPEP 2106.04(d) II).
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
No.
As discussed above, the cloud management platform can be interpreted as generic computer components or environment being used as a tool to perform the abstract idea.
Therefore, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because using generic computer components or environment to perform the abstract idea is not enough to qualify as significantly more when recited in a claim with a judicial exception (see MPEP 2106.05 I.A).
Therefore, claim 10 is not eligible subject matter under 35 USC 101.
Regarding claim 11, it depends from claim 10 and further recites storing preset third-party graphic asset and rendering, obtaining, and sending are for the preset third-party graphic asset. These limitations are still fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on preset third-party graphic asset, and hence still abstract ideas. No further additional elements are recited in claim 11. Therefore, claim 11 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 12, it depends from claim 10 and further recites the payment success information records identification information of the first graphic asset, and the obtaining step carries the identification information, the sending step is sending the graphic asset corresponding to the identification information, which are just further limiting the information regarding the graphic asset in the abstract idea. No further additional elements are recited in claim 12. Therefore, claim 12 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 13, it depends from claim 10 and further recites receiving the graphic asset and low-definition version of the first graphic asset, receiving a preview request from the user, and sending the low-definition version of the graphic asset to the user. These steps are still fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on preset third-party graphic asset, and hence still abstract ideas. No further additional elements are recited in claim 13. Therefore, claim 13 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 14, it depends from claim 10 and further recites the graphic asset as graphic model comprising geometry information, material information, and texture information. Such limitations are merely describe what a graphic asset can be. It is still interpreted as part of the fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on preset third-party graphic asset, and hence still abstract ideas. No further additional elements are recited in claim 14. Therefore, claim 14 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 15, it depends from claim 10 and further recites the graphic asset to be a graphic scenario comprising at least one of a graphic model, light source information, or camera information. Similar to the discussion regarding claim 14 above, such limitations are merely describe what a graphic asset can be. It is still interpreted as part of the fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on preset third-party graphic asset, and hence still abstract ideas. No further additional elements are recited in claim 15. Therefore, claim 15 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 16, it recites similar limitations of claim 10 discussed above but in a cloud management platform disposed in a cloud data center form. As discussed above, the cloud management platform disposed in a cloud data center can be interpreted as generic computer components/environment, which does not integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 17, it recites similar limitations of claim 11 discussed above but in a cloud management platform disposed in a cloud data center form. As discussed above, the cloud management platform disposed in a cloud data center can be interpreted as generic computer components/environment, which does not integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 18, it recites similar limitations of claim 12 discussed above but in a cloud management platform disposed in a cloud data center form. As discussed above, the cloud management platform disposed in a cloud data center can be interpreted as generic computer components/environment, which does not integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 19, it recites similar limitations of claim 13 discussed above but in a cloud management platform disposed in a cloud data center form. As discussed above, the cloud management platform disposed in a cloud data center can be interpreted as generic computer components/environment, which does not integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 20, it recites similar limitations of claim 14 discussed above but in a cloud management platform disposed in a cloud data center form. As discussed above, the cloud management platform disposed in a cloud data center can be interpreted as generic computer components/environment, which does not integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 1, it recites similar limitations of claim 10 discussed above but in a cloud data center form which comprises a cloud management platform. It also recites a sending step to send the rendering result to the user. Sending the rendering result to the user corresponding to sending the product to the user who has paid for it. Therefore, it is still part of the fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on graphic asset, and hence still abstract ideas. As discussed above, the cloud management platform in a cloud data center can be interpreted as generic computer components/environment, which does not integrate the abstract ides into practical application or amount to significantly more.
Regarding claim 2, it depends from claim 1 and further recites to obtain a setting parameter of a model or scenario related to the graphic asset, generate depth information of the graphic asset based on the setting parameter, and send the depth information to the user for fusing the first rendering result into a local model or a local scenario based on the depth information. These steps are still part of the fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on trading graphic asset, and hence still abstract ideas. No additional elements are recited in claim 2 to integrate the abstract idea into practical application and amount to significantly more.
Regarding claim 3, it depends from claim 2 and further recites the setting parameter comprises a location and orientation in world coordinates, a light source and location or a location and an orientation of a camera. These limitations merely limit the setting parameter as part of the fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on trading graphic asset, and hence still abstract ideas. No additional elements are recited in claim 3 to integrate the abstract idea into practical application and amount to significantly more.
Regarding claim 4, it depends from claim 1 and further recites the rendering device to obtain local graphic asset, render the local graphic asset, fuse the rendering results, and send the fused result to the user. These limitations merely limit the traded graphic assets as part of the fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on trading graphic asset, and hence still abstract ideas. No additional elements are recited in claim 4 to integrate the abstract idea into practical application and amount to significantly more.
Regarding claim 5, it depends from claim 1 and further recites store preset third-part graphic asset, requesting to render the preset third-party graphic asset,, sending the preset third-part graphic asset to the rendering device, rendering the first graphic asset and the preset third-party graphic asset to generate a third rendering result, and send the third rendering result to the user. Rendering and sending the third rendering result to the user corresponding to sending the product to the user who has paid for it. Therefore, it is still part of the fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on graphic asset, and hence still abstract ideas.
Regarding claim 6, it depends from claim 1 and further recites the payment success information records identification information of the first graphic asset, and the rendering request carries the identification information, the rendering device further request the graphic asset corresponding to the identification information, which are just further limiting the information regarding the graphic asset in the abstract idea. No further additional elements are recited in claim 6. Therefore, claim 6 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 7, it depends from claim 1 and further recites to receive the graphic asset and low-definition version of the graphic asset, receive preview request and send the low-definition version of the graphic asset to the user. These limitations are still fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on preset third-party graphic asset, and hence still abstract ideas. No further additional elements are recited in claim 7. Therefore, claim 7 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 8, it depends from claim 1 and further recites the first graphic asset is a graphic model comprising geometry information, material information, and texture information. Such limitations are merely describe what a graphic asset can be. It is still interpreted as part of the fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on preset third-party graphic asset, and hence still abstract ideas. No further additional elements are recited in claim 8. Therefore, claim 8 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Regarding claim 9, it depends from claim 1 and further recites the graphic asset to be a graphic scenario comprising at least one of a graphic model, light source information, or camera information. Similar to the discussion regarding claim 8 above, such limitations are merely describe what a graphic asset can be. It is still interpreted as part of the fundamental economic principles, commercial interactions and/or marketing/sales activities or behaviors on preset third-party graphic asset, and hence still abstract ideas. No further additional elements are recited in claim 9. Therefore, claim 9 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Therefore, claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, it recites, inter alia, “publicly display the introduction information and the price on the internet.” The internet includes various devices, resources, and webpages. Is the information displayed on all or just selected publicly accessible websites, social media pages, or other platforms? It is not clear where and how the information can be displayed on the internet. Therefore, claim 1 is indefinite. Claims 2-9 depend from claim 1 but fail to cure the deficiencies of claim 1. Claims 10 and 16 respectively recite similar limitations discussed above with respect to claim 1. Claims 11-15 depend from claim 10 but fail to cure the deficiencies of claim 10. Claims 17-20 depend from claim 16 but fail to cure the deficiencies of claim 16.
Therefore, claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite.
For examination purposes, “publicly display the introduction information and the price on the internet” has been interpreted as publicly displaying the introduction information and the price.
In addition, the term “low-definition version of the first graphic asset” in claims 7, 13, and 19 is a relative term which renders the claim indefinite. The term “low-definition version of the first graphic asset” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, the term “low-definition version of the first graphic asset” has been interpreted as a preview corresponding to the first graphic asset.
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.
Claim(s) 1, 6, 9, 10, 12, 15, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chinese Patent Publication No. CN 108733685 A to Wang et al. in view of US Patent Publication No. 20080111816 A1 to Abraham et al.
Regarding claim 1, Wang discloses A cloud data center comprising:
a cloud management platform configured to (Wang, Translation, para. [0101], disclosing an object interaction system including a server, a network, several electronic devices, para. [0102], disclosing the server can be a virtual server hosted by a host cluster, or a cloud server, the server can run server-side programs such as the program of an online interactive platform and support the online interactive platform to provide differentiated object interaction for users of different group types):
provide a login interface for a plurality of off-cloud asset providers and a plurality of off-cloud asset users to remotely log in to the cloud management platform using different accounts (Wang, Translation, para. [0103], disclosing the electronic device can run a program of an online interactive platform or load a webpage of the online interactive platform in a browser, it can log in to the online interactive platform to perform related operations, para. [0105], disclosing the users of the online interaction platform are divided into different roles: object providers and request initiators, the object providers provide the interaction object, the request initiators initiate interaction requests, browsing requests, etc. for the interaction objects, para. [0140], disclosing an online trading platform in the online interactive platform, where merchants acting as object providers and buyers acting as request initiators);
receive a first graphic asset information uploaded by from at least one of the plurality of off-cloud asset providers (Wang, Translation, para. [0105], disclosing the object provider can log in to the online interaction platform hosted on the server and add the description information of the interaction object to the online interaction platform, para. [0110], disclosing each interactive object can correspond to different models such as colors, para. [0140], disclosing an online trading platform in the online interactive platform, where merchants acting as object providers and buyers acting as request initiators, indicating the interactive object can correspond to a first graphic asset, the object provider or the merchant can correspond to at least one of the plurality of off-cloud asset providers and adding the description information of the interaction object can correspond to uploading the first graphic asset information by the merchant as the at least one of the plurality of off-cloud asset providers);
set the first graphic asset to be tradable (Wang, Translation, para. [0140], disclosing the merchant can provide virtual goods and list the description of their goods on the platform, and buyers can purchase the listed goods from merchants, indicating the listing the description of the goods can correspond to set the goods as the first graphic asset to be tradable);
obtain introduction information of the first graphic asset (Wang, Translation, para. [0105], disclosing the object provider can log in to the online interaction platform hosted on the server and add the description information of the interaction object to the online interaction platform, para. [0140], disclosing an online trading platform in the online interactive platform, where merchants acting as object providers and buyers acting as request initiators, the merchants can list the description of their goods on the platform, indicating the description information of the interaction object or goods can correspond to introduction information of the first graphic asset);
set a price for the first graphic asset (Wang, Translation, para. [0141], disclosing the merchants can create bids for products defining transaction conditions involving shipping costs, para. [0146], disclosing the transaction conditions may include the amount of the currency the buyer needs to pay, the currency type, the payment period, etc.);
publicly display the introduction information and the price on the internet (Wang, Translation, para. [0159], disclosing the product publishing service can publish products with product details, para. [0160], disclosing the merchants completes the publication (i.e., listing) of the goods, enabling buyers to log in to the online trading platform and browse the goods published by the merchant, para. [0163], disclosing providing bid order for display such as the amount of currency the buyer needs to pay and additional service provided);
receive payment success information of at least one asset user of the plurality of off-cloud asset users for the first graphic asset (Wang, Translation, para. [0140], disclosing buyers can purchase the listed goods from merchants on the platform, para. [0184], disclosing after completing the purchase, the user receives the product accordingly, indicating the payment success information of at least one asset user of the plurality of off-cloud asset users for the product as the first graphic asset can be received so that the product can be received by the user); and
record, based on the payment success information, that the at least one asset user has permission to use the first graphic asset (Wang, Translation, para. [0140], disclosing buyers can purchase the listed goods from merchants on the platform, para. [0184], disclosing after completing the purchase, the user receives the product accordingly, indicating the buyer as the at least one asset user has been recorded to have permission to use the product as the first graphic asset because the buyer receives the product after completing the purchase); and
send the first graphic asset to the at least one asset user (Wang, Translation, para. [0140], disclosing buyers can purchase the listed goods from merchants on the platform, para. [0184], disclosing after completing the purchase, the user receives the product accordingly).
However, Wang does not expressly disclose receive a first graphic asset uploaded by from at least one of the plurality of off-cloud asset providers, and a rendering device configured to: receive a rendering request that is for the first graphic asset and that is from the at least one asset user; request the first graphic asset from the cloud management platform in response to the rendering request; receive, from the cloud management platform when the at least one asset user has permission to use the first graphic asset, the first graphic asset; render the first graphic asset to generate a first rendering result; and send the first rendering result to the at least one asset user.
On the other hand, Abraham discloses receive a first graphic asset uploaded by from at least one of the plurality of off-cloud asset providers (Abraham, para. [0022], disclosing the user can login to enter the system, para. [0023], disclosing the user who are validly logged in will be taken to their personal portal, para. [0025], disclosing the portal provides user options including managing personalized 3D digital image files, allowing the user to alter and/or create 3D images, selling or purchasing 3D models, para. [0026], disclosing the user can upload image files and the images are stored in the user’s private account, indicating the user can correspond to at least one of the plurality of off-cloud asset providers, and the 3D images can correspond to a first graphic asset uploaded by from the user), record, based on the payment success information, that the at least one asset user has permission to use the first graphic asset (Abraham, para. [0009], disclosing the purchasing the user can purchase 3D models from other users, the purchasing user will be granted access to the model, para. [0030], when the user is ready to manufacture the 3D model, the user can check-out and provide payment, when the payment is successful, the 3D image file is transmitted to the manufacturing center, para. [0039], disclosing the user can sell 3D images that would be manufactured once the winner of auction is determined, then the 3D model will be provided by the manufacturing center and send to the bidder that won the auction, the winner will have access to the 3D image while removing the previous owner’s access to the 3D image, para. [0048], disclosing a first user may transfer access to the 3D digital image files to a second user, such as when the second user wins the ownership of the first user’s digital file via an online auction, the second user can access the digital file and the first suer’s access is disabled, indicating the winner of the auction can correspond to the at least one asset user, and once winning the bid with payment, it will be recorded that he/she has permission to use the 3D image as the first graphic asset while the seller has no access anymore); and a rendering device configured to: receive a rendering request that is for the first graphic asset and that is from the at least one asset user (Abraham, para. [0028], disclosing a 3D image wizard that allows a user to modify or enhance an existing 3D image’s geometry and texture information into a new 3D image file, rendering software may be accessed by a user through the system to allow the user to convert a 2D image into a 3D image, para. [0029], disclosing a user may create 3D models using 3D images, and manufacturing the model through ordering process, user may add 3D images to the shopping cart, and submit the order to the manufacturing center); request the first graphic asset from the cloud management platform in response to the rendering request (Abraham, para. [0050], disclosing when the manufacturing center is ready to create the 3D product, retrieving the 3D image file from the user’s 3D image library, indicating retrieving the 3D image file will correspond to requesting the 3D image file corresponding to the first graphic asset from the 3D image library as part of the server corresponding to the cloud management platform in response to the rendering request for generating the 3D model from the manufacturing center); receive, from the cloud management platform when the at least one asset user has permission to use the first graphic asset, the first graphic asset (Abraham, para. [0030], disclosing the user can check out the shopping cart, provide payment, and the 3D image file are transmitted to the manufacturing center with purchase order information, para. [0050], disclosing when the manufacturing center is ready to create the 3D product, retrieving the 3D image file from the user’s 3D image library); render the first graphic asset to generate a first rendering result (Abraham, para. [0031], disclosing the manufacture center produces the 3D models, para. [0033], disclosing the manufacture center can manufacture/develop game models using the digital image files, para. [0034], disclosing the user can create an animated film using the 3D digital images files through the manufacture center); and send the first rendering result to the at least one asset user (Abraham, para. [0037], disclosing the produced 3D model is delivered to the user, para. [0050], disclosing the created content file can be delivered to the user).
Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang and Abraham. The suggestion/motivation would have been to provide a convenient, user-friendly solution for the creation of 3D models so that a user with no prior experience with 3D imaging or manufacturing can easily create 3D models in various formats, and also allow the user to sell and purchase 3D models through an auction system, as suggested by Abraham (see Abraham, para. [0007]).
Regarding claim 6, Wang in view of Abraham discloses the cloud data center according to claim 1, wherein the payment success information records identification information of the first graphic asset (Abraham, para. [0009], disclosing the purchasing user can purchase 3D models from other users, the purchasing user will be granted access to the model, para. [0039], disclosing the user may sell the 3D images and the bidder winning the auction will have access to the 3D image, previous owner’s access to the 3D image will be removed, para. [0046], disclosing creating a unique key corresponding to the 3D image file, para. [0048], disclosing when a user transfers access to the 3D digital image files to a second user who wins ownership via an online auction, a second unique digital key corresponding to the 3D digital file is provided to the second user, so that the second user will have access to the 3D image file, indicating when the second user wins the bid, a payment successful information must have been created with the second unique digital key as the identification information of the 3D image file as the first graphic set), and wherein the rendering request carries the identification information of the first graphic asset (Abraham, para. [0009], disclosing the purchasing user can purchase 3D models from other users, the purchasing user will be granted access to the model, para. [0039], disclosing the user can sell 3D images to be manufactured once the winner of the auction is determined, para. [0046], disclosing creating a unique key corresponding to the 3D image file, para. [0048], disclosing when a user transfers access to the 3D digital image files to a second user who wins ownership via an online auction, a second unique digital key corresponding to the 3D digital file is provided to the second user, so that the second user will have access to the 3D image file, para. [0050], disclosing when the manufacturing center is ready to create the 3D product, the 3D image file is retrieved from the user’s 3D image library, indicating the user selling the 3D image to be manufactured for the winning bidder will have a request to manufacture the 3D model for the 3D image file, with the identification of the 3D image file so that it can be retrieved), and wherein the rendering device is further configured to request, from the cloud management platform, a graphic asset corresponding to the identification information carried in the rendering request (Abraham, para. [0009], disclosing the purchasing user can purchase 3D models from other users, the purchasing user will be granted access to the model, para. [0039], disclosing the user can sell 3D images to be manufactured once the winner of the auction is determined, para. [0046], disclosing creating a unique key corresponding to the 3D image file, para. [0048], disclosing when a user transfers access to the 3D digital image files stored in their digital lock box to a second user who wins ownership via an online auction, a second unique digital key corresponding to the 3D digital file is provided to the second user, so that the second user will have access to the 3D image file, para. [0050], disclosing when the manufacturing center is ready to create the 3D product, the 3D image file is retrieved from the user’s 3D image library, indicating to retrieve the 3D image file, the manufacturing center as the rendering device will request from the 3D image library of the lock box system as part of the cloud management platform, the 3D image as a graphic asset corresponding to the identification information carried in the rendering request). Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang and Abraham. The suggestion/motivation would have been to provide a convenient, user-friendly solution for the creation of 3D models so that a user with no prior experience with 3D imaging or manufacturing can easily create 3D models in various formats, and also allow the user to sell and purchase 3D models through an auction system, as suggested by Abraham (see Abraham, para. [0007]).
Regarding claim 9, Wang in view of Abraham discloses the cloud data center according to claim 1, wherein the first graphic asset is a graphic scenario, and wherein the graphic scenario comprises at least one of a graphic model, light source information, or camera information (Abraham, para. [0028], disclosing the 3D image can be modified to enhance its geometry and texture information, indicating the 3D image can be a graphic scenario comprising at least one graphic model with geometry and texture information). Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang and Abraham. The suggestion/motivation would have been to provide a convenient, user-friendly solution for the creation of 3D models so that a user with no prior experience with 3D imaging or manufacturing can easily create 3D models in various formats, and also allow the user to sell and purchase 3D models through an auction system, as suggested by Abraham (see Abraham, para. [0007]).
Regarding claim 10, it recites similar limitations of claim 1 but in a method form. The rationale of claim 1 rejection is applied to reject claim 10.
Regarding claim 12, Wang in view of Abraham discloses the method according to claim 10, wherein the payment success information records identification information of the first graphic asset (Abraham, para. [0009], disclosing the purchasing user can purchase 3D models from other users, the purchasing user will be granted access to the model, para. [0039], disclosing the user may sell the 3D images and the bidder winning the auction will have access to the 3D image, previous owner’s access to the 3D image will be removed, para. [0046], disclosing creating a unique key corresponding to the 3D image file, para. [0048], disclosing when a user transfers access to the 3D digital image files to a second user who wins ownership via an online auction, a second unique digital key corresponding to the 3D digital file is provided to the second user, so that the second user will have access to the 3D image file, indicating when the second user wins the bid, a payment successful information must have been created with the second unique digital key as the identification information of the 3D image file as the first graphic set), wherein the obtaining request for the first graphic asset carries the identification information (Abraham, para. [0009], disclosing the purchasing user can purchase 3D models from other users, the purchasing user will be granted access to the model, para. [0039], disclosing the user can sell 3D images to be manufactured once the winner of the auction is determined, para. [0046], disclosing creating a unique key corresponding to the 3D image file, para. [0048], disclosing when a user transfers access to the 3D digital image files to a second user who wins ownership via an online auction, a second unique digital key corresponding to the 3D digital file is provided to the second user, so that the second user will have access to the 3D image file, para. [0050], disclosing when the manufacturing center is ready to create the 3D product, the 3D image file is retrieved from the user’s 3D image library, indicating the user selling the 3D image to be manufactured for the winning bidder will have a request to obtain the 3D image file to manufacture the 3D model for the 3D image file, with the identification of the 3D image file so that it can be retrieved), and the wherein sending the first graphic asset to the rendering device comprises sending a graphic asset corresponding to the identification information to the rendering device (Abraham, para. [0009], disclosing the purchasing user can purchase 3D models from other users, the purchasing user will be granted access to the model, para. [0039], disclosing the user can sell 3D images to be manufactured once the winner of the auction is determined, para. [0046], disclosing creating a unique key corresponding to the 3D image file, para. [0048], disclosing when a user transfers access to the 3D digital image files stored in their digital lock box to a second user who wins ownership via an online auction, a second unique digital key corresponding to the 3D digital file is provided to the second user, so that the second user will have access to the 3D image file, para. [0050], disclosing when the manufacturing center is ready to create the 3D product, the 3D image file is retrieved from the user’s 3D image library, indicating to retrieve the 3D image file, the manufacturing center as the rendering device will request from the 3D image library of the lock box system as part of the cloud management platform, the 3D image as a graphic asset corresponding to the identification information carried in the rendering request being sent to the manufacturing center as the rendering device). Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang and Abraham. The suggestion/motivation would have been to provide a convenient, user-friendly solution for the creation of 3D models so that a user with no prior experience with 3D imaging or manufacturing can easily create 3D models in various formats, and also allow the user to sell and purchase 3D models through an auction system, as suggested by Abraham (see Abraham, para. [0007]).
Regarding claim 15, it recites similar limitations of claim 9 but in a method form. The rationale of claim 9 rejection is applied to reject claim 15.
Regarding claim 16, it recites similar limitations of claim 1 but in a cloud management platform form. The rationale of claim 1 rejection is applied to reject claim 16.
Regarding claim 18, it recites similar limitations of claim 12 but in a cloud management platform form. The rationale of claim 12 rejection is applied to reject claim 18. In addition, Wang discloses a cloud management platform (Wang, Translation, para. [0101], disclosing an object interaction system including a server, a network, several electronic devices, para. [0102], disclosing the server can be a virtual server hosted by a host cluster, or a cloud server, the server can run server-side programs such as the program of an online interactive platform and support the online interactive platform to provide differentiated object interaction for users of different group types).
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Abraham as applied to claim(s) 1 above, and further in view of US Patent No. 6384821 B1 to Borrel et al.
Regarding claim 2, Wang in view of Abraham discloses the cloud data center according to claim 1, wherein the rendering device is further configured to: obtain, from the at least one asset user, a setting parameter of a model or scenario related to the first graphic asset (Abraham, para. [0028], disclosing the user can add texture map to the 3D image). Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang and Abraham. The suggestion/motivation would have been to provide a convenient, user-friendly solution for the creation of 3D models so that a user with no prior experience with 3D imaging or manufacturing can easily create 3D models in various formats, and also allow the user to sell and purchase 3D models through an auction system, as suggested by Abraham (see Abraham, para. [0007]).
However, Wang or Abraham does not expressly disclose generate depth information of the first rendering result based on the setting parameter; and send the depth information to the at least one asset user for fusing the first rendering result into a local model or a local scenario based on the depth information.
On the other hand, Borrel discloses the rendering device is further configured to: obtain, from the at least one asset user, a setting parameter of a model or scenario related to the first graphic asset (Borrel, col. 7, line 63-col. 8, line 4, disclosing the client can update the camera parameters and send to the server, col. 8, lines 27-31, disclosing using the camera parameters of the server, the renderer of the bideo system renders geometric models passed to it and the rendered images with depth may then be sent to the client, indicating the camera parameters can correspond to a setting parameter of the geometric models as a model or scenario related to the first graphic asset and the rendered obtains the camera parameters from the client as the at least one asset user); generate depth information of the first rendering result based on the setting parameter (Borrel, col. 7, line 63-col. 8, line 4, disclosing the client can update the camera parameters and send to the server, col. 8, lines 27-31, disclosing using the camera parameters of the server, the renderer of the bideo system renders geometric models passed to it and the rendered images with depth may then be sent to the client, indicating the camera parameters can correspond to a setting parameter of the geometric models as a model or scenario related to the first graphic asset and, and depth with the rendered images can correspond to depth information of the first rendering result (rendered images) based on the camera parameters as the setting parameter); and send the depth information to the at least one asset user for fusing the first rendering result into a local model or a local scenario based on the depth information (Borrel, FIG. 4, showing a compositor on the client side that combines the images generated from the server and the client, col. 7, line 63-col. 8, line 4, disclosing the client can update the camera parameters and send to the server, col. 8, lines 27-31, disclosing using the camera parameters of the server, the renderer of the bideo system renders geometric models passed to it and the rendered images with depth may then be sent to the client, col. 12, lines 10-30, disclosing the client creates RGB images of a region including geometry of 3D objects using the camera parameters, col. 10, lines 41-45, disclosing the images and depth information are sent to the client from the server, and the server and client renderings can be mixed, indicating the depth information can be sent to the client as the at least one asset user for mixing the server rendered images as the first rendering result to the client rendered images as a local model or a local scenario based on the depth information).
Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang in view of Abraham with Borrel. The suggestion/motivation would have been to provide server and client rendering for visualizing and interacting with the 3D models on the client, as suggested by Borrel (see Borrel, col. 5, lines 51-59).
Regarding claim 3, the combination of Wang, Abraham, and Borrel discloses the cloud data center according to claim 2, wherein the setting parameter comprises a location and an orientation in world coordinates, a light source location, or a location and an orientation of a camera (Borrel, col. 7, line 63-col. 8, line 4, disclosing the client can update the camera parameters and send to the server, col. 8, lines 27-31, disclosing using the camera parameters of the server, the renderer of the bideo system renders geometric models passed to it and the rendered images with depth may then be sent to the client, col. 12, lines 29-34, disclosing the user can interact with the scene by rotation, zooming, etc., and the camera descriptors are calculated based on the user’s interaction and sent to the server for rendering bideo frames, indicating the user interaction with the scene such as rotation and zooming can correspond to change the camera parameters such as location and orientation and the descriptors as the setting parameter sent to the server can include camera parameters such as a location and an orientation of a camera). Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang in view of Abraham with Borrel. The suggestion/motivation would have been to provide server and client rendering for visualizing and interacting with the 3D models on the client, as suggested by Borrel (see Borrel, col. 5, lines 51-59).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Abraham as applied to claim(s) 1 above, and further in view of US Patent Publication No. 20220060572 A1 to Kwon.
Regarding claim 4, Wang in view of Abraham discloses the cloud data center according to claim 1. However, Wang or Abraham does not expressly disclose wherein the rendering device is further configured to: obtain a local graphic asset from the at least one asset user; render the local graphic asset while rendering the first rendering result in order to generate a second rendering result; fuse the second rendering result and the first rendering result to generate a fused rendering result; and send the fused rendering result to the at least one asset user.
On the other hand, Kwon discloses wherein the rendering device is further configured to: obtain a local graphic asset from the at least one asset user (Kwon, para. [0100], disclosing the user can capture user images and send the captured user images and 3D information such as depth information to a server); render the local graphic asset in order to generate a second rendering result (Kwon, para. [0100], disclosing the user can capture user images and send the captured user images and 3D information such as depth information to a server, the server performs user image 3D rendering); fuse the second rendering result and the first rendering result to generate a fused rendering result (Kwon, para. [0100], disclosing the user can capture user images and send the captured user images and 3D information such as depth information to a server, the server performs user image 3D rendering and combines 3D rendered user image with the related 3D objects); and send the fused rendering result to the at least one asset user (Kwon, para. [0100], disclosing the user can capture user images and send the captured user images and 3D information such as depth information to a server, the server performs user image 3D rendering and combines 3D rendered user image with the related 3D objects and send them to the mobile phone for displaying them at the mobile phone). Because Abraham discloses the rendering device is configured to render the first graphic asset (Abraham, para. [0031], disclosing the manufacture center produces the 3D models, para. [0033], disclosing the manufacture center can manufacture/develop game models using the digital image files, para. [0034], disclosing the user can create an animated film using the 3D digital images files through the manufacture center), combining Wang in view of Abraham with Kwon could render the local graphic asset while rendering the first rendering result in order to generate a second rendering result.
Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang and Abraham. The suggestion/motivation would have been to provide a convenient, user-friendly solution for the creation of 3D models so that a user with no prior experience with 3D imaging or manufacturing can easily create 3D models in various formats, and also allow the user to sell and purchase 3D models through an auction system, as suggested by Abraham (see Abraham, para. [0007]).
Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang in view of Abraham with Kwon. The suggestion/motivation would have been to allow combining 3D user images with 3D objects, as suggested by Kwon (see Kwon, para. [0100]).
Claim(s) 7, 13, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Abraham as applied to claim(s) 1, 10, and 16 above, and further in view of Japanese Patent Publication No. JP 2004145523 A to Nobuo et al.
Regarding claim 7, Wang in view of Abraham discloses the cloud data center according to claim 1, wherein the cloud management platform is further configured to: receive the first graphic asset from the at least one of the plurality of off-cloud asset providers (Abraham, para. [0022], disclosing the user can login to enter the system, para. [0023], disclosing the user who are validly logged in will be taken to their personal portal, para. [0025], disclosing the portal provides user options including managing personalized 3D digital image files, allowing the user to alter and/or create 3D images, selling or purchasing 3D models, para. [0026], disclosing the user can upload image files and the images are stored in the user’s private account, indicating the user can correspond to at least one of the plurality of off-cloud asset providers, and the 3D images can correspond to a first graphic asset uploaded by from the user). Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang and Abraham. The suggestion/motivation would have been to provide a convenient, user-friendly solution for the creation of 3D models so that a user with no prior experience with 3D imaging or manufacturing can easily create 3D models in various formats, and also allow the user to sell and purchase 3D models through an auction system, as suggested by Abraham (see Abraham, para. [0007]).
However, Wang or Abraham does not expressly disclose wherein the cloud management platform is further configured to: receive a low-definition version of the first graphic asset from the at least one of the plurality of off-cloud asset providers; receive a preview request that is for the first graphic asset and that is from the at least one asset user; and send the low-definition version of the first graphic asset to the at least one asset user.
On the other hand, Nobuo discloses wherein the cloud management platform is further configured to: receive a low-definition version of the first graphic asset from the at least one of the plurality of off-cloud asset providers (Nobuo, Translation, para. [0024], disclosing the seller content server generates a still image thumbnail of the input content as one of the summary data based on the content, the still image thumbnail is transferred to the management server); receive a preview request that is for the first graphic asset and that is from the at least one asset user (Nobuo, translation, para. [0033], disclosing the operator of the purchaser terminal identified desired content and request a still image preview); and send the low-definition version of the first graphic asset to the at least one asset user (Nobuo, translation, para. [0033], disclosing the management server detects the request for a still image preview, extracts a still image thumbnail of the requested content and sends it to the purchaser terminal).
Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang in view of Abraham with Nobuo. The suggestion/motivation would have been to allow the buyer to check the content in more detail, as suggested by Nobuo (see Nobuo, translation, para. [0033]).
Regarding claim 13, it recites similar limitations of claim 7 but in a method form. The rationale of claim 7 rejection is applied to reject claim 13.
Regarding claim 19, it recites similar limitations of claim 7 but in a cloud management platform form. The rationale of claim 7 rejection is applied to reject claim 19.
Claim(s) 8, 14, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Abraham as applied to claim(s) 1 above, and further in view of US Patent Publication No. 20240226729 A1 to Dietrich.
Regarding claim 8, Wang in view of Abraham discloses the cloud data center according to claim 1, wherein the first graphic asset is a graphic model, and wherein the graphic model comprises geometry information, and texture information (Abraham, para. [0028], disclosing the 3D image can be modified to enhance its geometry and texture information). Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang and Abraham. The suggestion/motivation would have been to provide a convenient, user-friendly solution for the creation of 3D models so that a user with no prior experience with 3D imaging or manufacturing can easily create 3D models in various formats, and also allow the user to sell and purchase 3D models through an auction system, as suggested by Abraham (see Abraham, para. [0007]).
However, Wang or Abraham does not expressly disclose the graphic model comprises material information.
On the other hand, Dietrich discloses wherein the first graphic asset is a graphic model, and wherein the graphic model comprises geometry information, material information, and texture information (Dietrich, para. [0052], disclosing one or more server computing devices can receive information regarding components of the object within the virtual environment, para. [0053], disclosing an object in the virtual environment may include model components describing surface geometries, material components describing virtual material of at least a portion of the object, texture components describing surface or surfaces of the object, para. [0056], disclosing the server may determine to render one or more components of an object remotely).
Before the invention was effectively filed, it would have been obvious for a person skilled in the art to combine Wang in view of Abrahm with Dietrich. The suggestion/motivation would have been to provide a hybrid rendering of a virtual environment using cloud and local computing devices for rendering components of the virtual environment, as suggested by Dietrich (see Dietrich, para. [0041]).
Regarding claim 14, it recites similar limitations of claim 8 but in a method form. The rationale of claim 8 rejection is applied to reject claim 14.
Regarding claim 20, it recites similar limitations of claim 8 but in a cloud management platform form. The rationale of claim 8 rejection is applied to reject claim 20.
Allowable Subject Matter
Claim(s) 5, 11, and 17 would be allowable if rewritten to overcome the rejection(s) under 35 USC 101 and 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, none of the prior art references on the record discloses wherein the cloud management platform is configured to store a preset third-party graphic asset, wherein the rendering request is further for requesting to render the preset third-party graphic asset such that the rendering device further requests the preset third-party graphic asset from the cloud management platform while requesting the first graphic asset from the cloud management platform, wherein the cloud management platform is further configured to send the preset third-party graphic asset to the rendering device while sending the first graphic asset to the rendering device, and wherein the rendering device is further configured to: render the first graphic asset and the preset third-party graphic asset to generate a third rendering result; and send the third rendering result to the at least one asset user.
Claims 11 and 17 recites similar limitations discussed above with respect to claim 5.
Conclusion
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/HAIXIA DU/Primary Examiner, Art Unit 2611