@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 .
Remarks
This office action is responsive to the amendment filed on 04/16/2026.
Claim(s) 1, 3-21 is/are pending in the application.
Independent claim(s) 1, 11-12 was/were amended.
Dependent claim(s) 3, 5 was/were amended.
Claim(s) 13-21 was/were added.
Claim(s) 2 was/were canceled.
Response to Arguments
Applicant's argument(s), regarding the amended portion(s) as recited in independent claim 1 (and similarly in independent claim(s) 11-12), filed 04/16/2026, have/has been fully considered and is/are persuasive. However, upon further consideration, a new ground(s) of rejection is made, adding/using Roberts to be relied upon for the aforementioned amended portion(s). To note, applicant's amendment necessitated the new ground(s) of rejection presented in this office action.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-4, 8-9, 11-15, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsukagoshi et al. (US 2012/0313933 A1) in view of Roberts et al. (US 2017/0085855 A1).
In regards to claim 1, Tsukagoshi teaches an image processing apparatus comprising:
a processor (e.g. Fig.10: control unit 145), wherein the processor is configured to:
acquire a plurality of three-dimensional coordinates for specifying positions of a plurality of pixels included in a three-dimensional image showing a target object in a real space, generated based on a plurality of two-dimensional images obtained by imaging the target object from a plurality of imaging positions in the real space at a plurality of viewpoints corresponding to the respective imaging positions (e.g. [0033]: workstation 130 is an image processing apparatus that performs image processing on a medical image; specifically, the workstation 130 according to the first embodiment performs various types of rendering processing on volume data acquired from the image storage device 120 to generate a parallax image group; the parallax image group is a plurality of parallax images captured from a plurality of points of view; for example, a parallax image group displayed on a monitor enabling an observer to view nine-parallax images stereoscopically with the naked eyes is nine parallax images whose viewpoints are different from one another; see also [0103]: acquisition unit 145a acquires rendering conditions used for generating a parallax image group that is parallax images of a predetermined parallax number from volume data that is three-dimensional medical image data; determination unit 145b sets corresponding information for causing a space coordinate of a stereoscopic image viewed stereoscopically by referring to the stereoscopic display monitor that displays the parallax image group (coordinates of the stereoscopic image space) to correspond to a space coordinate of a captured site in the volume data (coordinates in the real space) based on at least the parallactic angle between the parallax images constituting the parallax image group included in the rendering condition and the display size of the parallax image group displayed on the stereoscopic display monitor);
generate the three-dimensional image based on the plurality of two-dimensional images obtained by imaging the target from the plurality of imaging positions in the real-space and positioning data associated with each of the imaging positions (e.g. as above, [0033]: workstation 130 according to the first embodiment performs various types of rendering processing on volume data acquired from the image storage device 120 to generate a parallax image group; the parallax image group is a plurality of parallax images captured from a plurality of points of view; [0103]: acquisition unit 145a acquires rendering conditions used for generating a parallax image group that is parallax images of a predetermined parallax number from volume data that is three-dimensional medical image data);
acquire unit length information indicating a relationship between a first unit length of a three-dimensional coordinate system defining the three-dimensional coordinates, and a second unit length of the real space (e.g. [0101]: configured … so as to display a gauge (a scale) for causing the image viewed stereoscopically by the observer on the monitor enabling stereoscopic vision to correspond to a real space; as above, [0103]: sets corresponding information for causing a space coordinate of a stereoscopic image viewed stereoscopically … (coordinates of the stereoscopic image space) to correspond to a space coordinate of a captured site in the volume data (coordinates in the real space); see also [0104]: based on the corresponding information, the determination unit 145b determines a scale for converting the length in the direction perpendicular to the display surface of the stereoscopic display monitor in the stereoscopic image space into the length in the real space; output unit 145c performs output control such that the scale is displayed on the stereoscopic display monitor in a manner superimposed on the stereoscopic image based on the parallax image group);
generate an object of which the second unit length is specifiable, based on the plurality of three-dimensional coordinates, the plurality of two-dimensional coordinates, and the unit length information (e.g. as above, [0101]: display a gauge (a scale) for causing the image viewed stereoscopically by the observer on the monitor enabling stereoscopic vision to correspond to a real space; [0104]: output unit 145c performs output control such that the scale is displayed on the stereoscopic display monitor in a manner superimposed on the stereoscopic image based on the parallax image group); and
output a first image in which the object and the three-dimensional image are shown in a comparable manner (e.g. as above, [0101]: display a gauge (a scale) for causing the image viewed stereoscopically by the observer on the monitor enabling stereoscopic vision to correspond to a real space; [0104]: output unit 145c performs output control such that the scale is displayed on the stereoscopic display monitor in a manner superimposed on the stereoscopic image based on the parallax image group),
but does not explicitly teach the apparatus,
wherein the positioning data is obtained from a positioning device at each of the plurality of imaging positions, wherein the positioning device is configured to detect a position of an imaging device which images the target object at each of the imaging positions.
However, Roberts teaches an apparatus,
wherein the positioning data is obtained from a positioning device at each of the plurality of imaging positions, wherein the positioning device is configured to detect a position of an imaging device which images the target object at each of the imaging positions (e.g. [0028]: a tracker 129 determines, relative to itself, locations of reference points 118, 120, 122 attached to patient 180 and reference points 124, 126, 128 attached to stereo image capture device 106; registration module 132 uses these locations to determine a view reference 131 (e.g. spatial relationship including relative position and orientation) between patient 180 and stereo image capture device 106; view reference 131 defines a spatial relationship of stereo image stream 107 relative to surgical field 184; tracker 129 is in some embodiments a commercially available operating room tracking device that determines positions of reference points or transponders attached to equipment in the operating room, including stereo image capture device 106, and may include transponders attached to the patient; tracker 129 may utilize one or both of optical and electromagnetic tracking as known in the art; see also [0030]: the recorded stereo image stream is effectively continuously geotagged by attaching an encoded position and orientation of image capture device 106 as determined by tracker 129 in real-time).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings/combination of Tsukagochi to obtain positioning data, in the same conventional manner as taught by Roberts as both deal with medical imaging and 3D model generation. The motivation to combine the two would be that it would allow the determination of positioning for the different viewpoint images.
In regards to method claim 11 and medium claim 12, claim(s) 11-12 recite(s) limitations that is/are similar in scope to the limitations recited in claim 1. Therefore, claim(s) 11-12 is/are subject to rejections under the same rationale as applied hereinabove for claim 1. To note, Tsukagochi discloses the use of a medium in paragraph [0184].
In regards to claim 3, the combination of Tsukagochi and Roberts teaches an apparatus, wherein the unit length information is information generated based on a distance between imaging positions adjacent to each other among the plurality of imaging positions (e.g. Tsukagochi as above, [0103]: sets corresponding information for causing a space coordinate of a stereoscopic image viewed stereoscopically … (coordinates of the stereoscopic image space) to correspond to a space coordinate of a captured site in the volume data (coordinates in the real space) based on at least the parallactic angle (angular distance) between the parallax images constituting the parallax image group included in the rendering condition and the display size of the parallax image group displayed on the stereoscopic display monitor; [0104]: based on the corresponding information, the determination unit 145b determines a scale for converting the length in the direction perpendicular to the display surface of the stereoscopic display monitor in the stereoscopic image space into the length in the real space).
In regards to claim 4, the combination of Tsukagochi and Roberts teaches an apparatus, wherein the distance is a distance obtained by a positioning unit (e.g. Tsukagochi as above, [0103]: sets corresponding information for causing a space coordinate of a stereoscopic image viewed stereoscopically … (coordinates of the stereoscopic image space) to correspond to a space coordinate of a captured site in the volume data (coordinates in the real space) based on at least the parallactic angle (angular distance) between the parallax images constituting the parallax image group included in the rendering condition and the display size of the parallax image group displayed on the stereoscopic display monitor; see also [0024]: a "parallactic angle" represents an angle defined by viewpoint positions adjacent to each other among viewpoint positions set for generating the "parallax image group" and a predetermined position in a space indicated by the volume data (e.g. the center of the space); Examiner’s note: this shows that positioning of captured parallax images would have been determined by positioning unit).
In regards to claim 8, the combination of Tsukagochi and Roberts teaches an apparatus, wherein the processor is configured to:
change a first viewpoint for observing the three-dimensional image through the screen in response to a given first instruction (e.g. Tsukagochi, [0072]: volume rendering processing is performed by the three-dimensional virtual space rendering unit 1362k in accordance with rendering conditions; examples of the rendering conditions also include "parallel movement of the viewpoint position", "rotational movement of the viewpoint position", "enlargement of the parallax image group", and "reduction of the parallax image group"; such rendering conditions may be received from the operator via the input unit 131, or may be set by default; in both cases, the three-dimensional virtual space rendering unit 1362k receives the rendering conditions from the control unit 135, and performs the volume rendering processing on the volume data in accordance with the rendering conditions); and
change a second viewpoint for observing the object through the screen according to the first viewpoint (e.g. Tsukagochi as above, [0072]: rendering conditions also include "parallel movement of the viewpoint position", "rotational movement of the viewpoint position"; such rendering conditions may be received from the operator via the input unit 131, or may be set by default; receives the rendering conditions from the control unit 135, and performs the volume rendering processing on the volume data).
In regards to claim 9, the combination of Tsukagochi and Roberts teaches an apparatus, wherein the processor is configured to change a third viewpoint for observing the object through the screen in response to a given second instruction (e.g. Tsukagochi as above, [0072]: rendering conditions also include "parallel movement of the viewpoint position", "rotational movement of the viewpoint position"; such rendering conditions may be received from the operator via the input unit 131, or may be set by default; receives the rendering conditions from the control unit 135, and performs the volume rendering processing on the volume data).
In regards to claim 13, Tsukagoshi teaches an image processing apparatus comprising:
a processor (e.g. Fig.10: control unit 145), wherein the processor is configured to:
acquire a plurality of three-dimensional coordinates for specifying positions of a plurality of pixels included in a three-dimensional image showing a target object in a real space, generated based on a plurality of two-dimensional images obtained by imaging the target object from a plurality of imaging positions in the real space at a plurality of viewpoints corresponding to the respective imaging positions, and a plurality of two-dimensional coordinates for specifying positions corresponding to the plurality of pixels in a screen on which the three-dimensional image is rendered (e.g. [0033]: workstation 130 is an image processing apparatus that performs image processing on a medical image; specifically, the workstation 130 according to the first embodiment performs various types of rendering processing on volume data acquired from the image storage device 120 to generate a parallax image group; the parallax image group is a plurality of parallax images captured from a plurality of points of view; for example, a parallax image group displayed on a monitor enabling an observer to view nine-parallax images stereoscopically with the naked eyes is nine parallax images whose viewpoints are different from one another; see also [0103]: acquisition unit 145a acquires rendering conditions used for generating a parallax image group that is parallax images of a predetermined parallax number from volume data that is three-dimensional medical image data; determination unit 145b sets corresponding information for causing a space coordinate of a stereoscopic image viewed stereoscopically by referring to the stereoscopic display monitor that displays the parallax image group (coordinates of the stereoscopic image space) to correspond to a space coordinate of a captured site in the volume data (coordinates in the real space) based on at least the parallactic angle between the parallax images constituting the parallax image group included in the rendering condition and the display size of the parallax image group displayed on the stereoscopic display monitor);
acquire unit length information indicating a relationship between a first unit length of a three-dimensional coordinate system defining the three-dimensional coordinates, and a second unit length of the real space (e.g. [0101]: configured … so as to display a gauge (a scale) for causing the image viewed stereoscopically by the observer on the monitor enabling stereoscopic vision to correspond to a real space; as above, [0103]: sets corresponding information for causing a space coordinate of a stereoscopic image viewed stereoscopically … (coordinates of the stereoscopic image space) to correspond to a space coordinate of a captured site in the volume data (coordinates in the real space); see also [0104]: based on the corresponding information, the determination unit 145b determines a scale for converting the length in the direction perpendicular to the display surface of the stereoscopic display monitor in the stereoscopic image space into the length in the real space; output unit 145c performs output control such that the scale is displayed on the stereoscopic display monitor in a manner superimposed on the stereoscopic image based on the parallax image group);
generate an object of which the second unit length is specifiable, based on the plurality of three-dimensional coordinates, the plurality of two-dimensional coordinates, and the unit length information (e.g. as above, [0101]: display a gauge (a scale) for causing the image viewed stereoscopically by the observer on the monitor enabling stereoscopic vision to correspond to a real space; [0104]: output unit 145c performs output control such that the scale is displayed on the stereoscopic display monitor in a manner superimposed on the stereoscopic image based on the parallax image group); and
output a first image in which the object and the three-dimensional image are shown in a comparable manner (e.g. as above, [0101]: display a gauge (a scale) for causing the image viewed stereoscopically by the observer on the monitor enabling stereoscopic vision to correspond to a real space; [0104]: output unit 145c performs output control such that the scale is displayed on the stereoscopic display monitor in a manner superimposed on the stereoscopic image based on the parallax image group), wherein the unit length information is information generated based on a distance between imaging positions adjacent to each other among the plurality of imaging positions (e.g. as above, [0103]: sets corresponding information for causing a space coordinate of a stereoscopic image viewed stereoscopically … (coordinates of the stereoscopic image space) to correspond to a space coordinate of a captured site in the volume data (coordinates in the real space) based on at least the parallactic angle (angular distance) between the parallax images constituting the parallax image group included in the rendering condition and the display size of the parallax image group displayed on the stereoscopic display monitor; [0104]: based on the corresponding information, the determination unit 145b determines a scale for converting the length in the direction perpendicular to the display surface of the stereoscopic display monitor in the stereoscopic image space into the length in the real space),
but does not explicitly teach the apparatus,
wherein the imaging positions are provided from a positioning device which provides positions of an imaging apparatus as the imaging positions.
However, Roberts teaches an apparatus,
wherein the imaging positions are provided from a positioning device which provides positions of an imaging apparatus as the imaging positions (e.g. [0028]: a tracker 129 determines, relative to itself, locations of reference points 118, 120, 122 attached to patient 180 and reference points 124, 126, 128 attached to stereo image capture device 106; registration module 132 uses these locations to determine a view reference 131 (e.g. spatial relationship including relative position and orientation) between patient 180 and stereo image capture device 106; view reference 131 defines a spatial relationship of stereo image stream 107 relative to surgical field 184; tracker 129 is in some embodiments a commercially available operating room tracking device that determines positions of reference points or transponders attached to equipment in the operating room, including stereo image capture device 106, and may include transponders attached to the patient; tracker 129 may utilize one or both of optical and electromagnetic tracking as known in the art; see also [0030]: the recorded stereo image stream is effectively continuously geotagged by attaching an encoded position and orientation of image capture device 106 as determined by tracker 129 in real-time).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings/combination of Tsukagochi to obtain positioning data, in the same conventional manner as taught by Roberts as both deal with medical imaging and 3D model generation. The motivation to combine the two would be that it would allow the determination of positioning for the different viewpoint images.
In regards to claim 14, the combination of Tsukagochi and Roberts teaches an apparatus, wherein the three-dimensional image is an image generated based on a plurality of two-dimensional images obtained by imaging the target object from a plurality of imaging positions in the real space (e.g. Tsukagochi as above, [0033]: workstation 130 according to the first embodiment performs various types of rendering processing on volume data acquired from the image storage device 120 to generate a parallax image group; the parallax image group is a plurality of parallax images captured from a plurality points of view; [0103]: acquisition unit 145a acquires rendering conditions used for generating a parallax image group that is parallax images of a predetermined number from volume data that is three-dimensional medical image data).
In regards to claim 15, the combination of Tsukagochi and Roberts teaches an apparatus, wherein the distance is a distance obtained by a positioning unit (e.g. Tsukagochi as above, [0103]: sets corresponding information for causing a space coordinate of a stereoscopic image viewed stereoscopically … (coordinates of the stereoscopic image space) to correspond to a space coordinate of a captured site in the volume data (coordinates in the real space) based on at least the parallactic angle (angular distance) between the parallax images constituting the parallax image group included in the rendering condition and the display size of the parallax image group displayed on the stereoscopic display monitor; see also [0024]: a "parallactic angle" represents an angle defined by viewpoint positions adjacent to each other among viewpoint positions set for generating the "parallax image group" and a predetermined position in a space indicated by the volume data (e.g. the center of the space); Examiner’s note: this shows that positioning of captured parallax images would have been determined by positioning unit)..
In regards to claim 19, the combination of Tsukagochi and Roberts teaches an apparatus, wherein the processor is configured to:
change a first viewpoint for observing the three-dimensional image through the screen in response to a given first instruction (e.g. Tsukagochi, [0072]: volume rendering processing is performed by the three-dimensional virtual space rendering unit 1362k in accordance with rendering conditions; examples of the rendering conditions also include "parallel movement of the viewpoint position", "rotational movement of the viewpoint position", "enlargement of the parallax image group", and "reduction of the parallax image group"; such rendering conditions may be received from the operator via the input unit 131, or may be set by default; in both cases, the three-dimensional virtual space rendering unit 1362k receives the rendering conditions from the control unit 135, and performs the volume rendering processing on the volume data in accordance with the rendering conditions); and
change a second viewpoint for observing the object through the screen according to the first viewpoint (e.g. Tsukagochi as above, [0072]: rendering conditions also include "parallel movement of the viewpoint position", "rotational movement of the viewpoint position"; such rendering conditions may be received from the operator via the input unit 131, or may be set by default; receives the rendering conditions from the control unit 135, and performs the volume rendering processing on the volume data).
In regards to claim 20, the combination of Tsukagochi and Roberts teaches an apparatus, wherein the processor is configured to change a third viewpoint for observing the object through the screen in response to a given second instruction (e.g. Tsukagochi as above, [0072]: rendering conditions also include "parallel movement of the viewpoint position", "rotational movement of the viewpoint position"; such rendering conditions may be received from the operator via the input unit 131, or may be set by default; receives the rendering conditions from the control unit 135, and performs the volume rendering processing on the volume data).
Claim(s) 5, 7, 10, 16, 18, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Tsukagochi and Roberts as applied to claims 1, 13-14 above, and further in view of Rolleston et al. (US 2012/0159321 A1).
In regards to claim 5, the combination of Tsukagochi and Roberts teaches the apparatus of claim 1, but does not explicitly teach the apparatus, wherein the second unit length is a length related to a subject image included in at least one two-dimensional image among the plurality of two-dimensional images.
However, Rolleston teaches an apparatus, wherein the second unit length is a length related to a subject image included in at least one two-dimensional image (e.g. [0034]: dimensions of the object 206 and the rendering 202 (e.g. document, or packaging) may also be properties to determine a comparison or contrasting of sizes; other objects may be envisioned and selected among by the user or automatically selected; the objects indicating size may be a ruler or measuring stick having measuring marks, a pencil, a pair of hands, a person, an animal, a finger and/or any virtual three dimensional common object to contrast and convey the dimensions of the work product based on either a contrasting size or comparable size in relation to the object).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings/combination of Tsukagochi and Roberts to display size comparison, in the same conventional manner as taught by Rolleston as both deal with displaying objects and scale visualization. The motivation to combine the two would be that it would allow the user to visualize and understand the scale of an object displayed, such as by using a ruler or person for comparison.
In regards to claim 7, the combination of Tsukagochi, Roberts and Rolleston also teaches an apparatus, wherein the object is an image including a figure and a numerical value indicating a length related to the figure (e.g. Rolleston as above, [0034]: dimensions of the object 206 and the rendering 202 (e.g. document, or packaging) may also be properties to determine a comparison or contrasting of sizes; the objects indicating size may be a ruler or measuring stick having measuring marks; Examiner’s note: it may be viewed that the ruler and/or measuring stick would have numerical values associated, as is known).
In addition, the same rationale/motivation of claim 5 is used for claim 7.
In regards to claim 10, the combination of Tsukagochi, Roberts and Rolleston also teaches an apparatus, wherein the object includes an image showing a body existing in the real space (e.g. Rolleston as above, [0034]: dimensions of the object 206 and the rendering 202 (e.g. document, or packaging) may also be properties to determine a comparison or contrasting of sizes; the objects indicating size may be … a person, an animal, a finger).
In addition, the same rationale/motivation of claim 5 is used for claim 10.
In regards to claim 16, the combination of Tsukagochi and Roberts teaches the apparatus of claim 14, but does not explicitly teach the apparatus, wherein the second unit length is a length related to a subject image included in at least one two-dimensional image among the plurality of two-dimensional images.
However, Rolleston teaches an apparatus, wherein the second unit length is a length related to a subject image included in at least one two-dimensional image among the plurality of two-dimensional images (e.g. [0034]: dimensions of the object 206 and the rendering 202 (e.g. document, or packaging) may also be properties to determine a comparison or contrasting of sizes; other objects may be envisioned and selected among by the user or automatically selected; the objects indicating size may be a ruler or measuring stick having measuring marks, a pencil, a pair of hands, a person, an animal, a finger and/or any virtual three dimensional common object to contrast and convey the dimensions of the work product based on either a contrasting size or comparable size in relation to the object).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings/combination of Tsukagochi and Roberts to display size comparison, in the same conventional manner as taught by Rolleston as both deal with displaying objects and scale visualization. The motivation to combine the two would be that it would allow the user to visualize and understand the scale of an object displayed, such as by using a ruler or person for comparison.
In regards to claim 18, the combination of Tsukagochi, Roberts and Rolleston also teaches an apparatus, wherein the object is an image including a figure and a numerical value indicating a length related to the figure (e.g. Rolleston as above, [0034]: dimensions of the object 206 and the rendering 202 (e.g. document, or packaging) may also be properties to determine a comparison or contrasting of sizes; the objects indicating size may be a ruler or measuring stick having measuring marks; Examiner’s note: it may be viewed that the ruler and/or measuring stick would have numerical values associated, as is known).
In addition, the same rationale/motivation of claim 16 is used for claim 18.
In regards to claim 21, the combination of Tsukagochi, Roberts and Rolleston also teaches an apparatus, wherein the object includes an image showing a body existing in the real space (e.g. Rolleston as above, [0034]: dimensions of the object 206 and the rendering 202 (e.g. document, or packaging) may also be properties to determine a comparison or contrasting of sizes; the objects indicating size may be … a person, an animal, a finger).
In addition, the same rationale/motivation of claim 16 is used for claim 21.
Claim(s) 6, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Tsukagochi and Roberts as applied to claims 1, 13 above, and further in view of Bevis et al. (US 2016/0147408 A1).
In regards to claim 6, the combination of Tsukagochi and Roberts teaches the apparatus of claim 1, but does not explicitly teach the apparatus, wherein the object is an image generated based on designated two-dimensional coordinates among the plurality of two-dimensional coordinates.
However, Bevis teaches an apparatus, wherein the object is an image generated based on designated two-dimensional coordinates among the plurality of two-dimensional coordinates (e.g. [0041],Fig.5: headset then at step 504 receives user input (e.g. one or more gestures, spoken commands and/or gaze-based commands) for specifying two or more points in space in the user's environment; at step 505 the headset determines the user-specified points by determining the most likely 3D coordinates of each user-specified point, based (at least in part) on a 3D mesh model; at step 506, the headset displays measurement tool to the user using the determined points as endpoints or vertices of the tool; see also [0031],Fig.3B: user provides input to the headset to specify two points 37, which in this example are the user's initial desired endpoints of the virtual measurement tool).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings/combination of Tsukagochi and Roberts to display measurements, in the same conventional manner as taught by Bevis as both deal with displaying objects and size visualization. The motivation to combine the two would be that it would allow the user to not only measure, but also visualize measurement of the displayed object.
In regards to claim 17, the combination of Tsukagochi and Roberts teaches the apparatus of claim 13, but does not explicitly teach the apparatus, wherein the object is an image generated based on designated two-dimensional coordinates among the plurality of two-dimensional coordinates.
However, Bevis teaches an apparatus, wherein the object is an image generated based on designated two-dimensional coordinates among the plurality of two-dimensional coordinates (e.g. [0041],Fig.5: headset then at step 504 receives user input (e.g. one or more gestures, spoken commands and/or gaze-based commands) for specifying two or more points in space in the user's environment; at step 505 the headset determines the user-specified points by determining the most likely 3D coordinates of each user-specified point, based (at least in part) on a 3D mesh model; at step 506, the headset displays measurement tool to the user using the determined points as endpoints or vertices of the tool; see also [0031],Fig.3B: user provides input to the headset to specify two points 37, which in this example are the user's initial desired endpoints of the virtual measurement tool).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings/combination of Tsukagochi and Roberts to display measurements, in the same conventional manner as taught by Bevis as both deal with displaying objects and size visualization. The motivation to combine the two would be that it would allow the user to not only measure, but also visualize measurement of the displayed object.
Conclusion
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 JED-JUSTIN IMPERIAL whose telephone number is (571)270-5807. The examiner can normally be reached Monday to Friday, 9am - 6pm.
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/JED-JUSTIN IMPERIAL/Examiner, Art Unit 2616
/DANIEL F HAJNIK/Supervisory Patent Examiner, Art Unit 2616
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