Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claim 1, 2 have been amended.
Claim 3-5 have been canceled.
Claim 6-13 have been added.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Kaino et al. (US Patent No.: US 11367257 B2) in view of Young, JR et al, (Patent No. US 20230360134 A1) in further view of Adobe Photoshop (YouTube, “Introduction to Generative Fill | Adobe Photoshop”, 05/23/2023”).
Regarding claim 1 Kaino teaches A method executed by a terminal device including an input unit, an output unit, a communication unit, and a control unit, the method comprising: (Kaino, US 11367257 B2, Fig. 6 “(54) FIG. 6, the terminal apparatus 200 according to the present embodiment includes an input section 210, an output section 220, a communication section 230, a storage section 240, and a control section 250. (1) Input section 210 / (2) The present disclosure relates to an information processing apparatus, an information processing method, and a storage medium.”)
transmitting, via the communication unit, first information indicating the vehicle and the environmental condition; (Kaino, US 11367257 B2, Fig. 15 “(105) As illustrated in FIG. 15, the user performs allocation of a definite shaped model by performing drag-and-drop of a definite shaped model selected in a definite shaped model selection window 322, onto a real object included in a live-view image”)
receiving, via the input unit, an input of one or more articles selected by the user (Kaino, US 11367257 B2, Fig. 14 “(14) FIG. 14 is a diagram for describing an example of a according to the present embodiment.")
transmitting, via the communication unit, second information indicating an object to be placed in a vehicle cabin of the vehicle by the user (Kaino, US 11367257 B2, Fig. 15 “(105) As illustrated in FIG. 15, the user performs allocation of a definite shaped model by performing drag-and-drop of a definite shaped model selected in a definite shaped model selection window 322, onto a real object included in a live-view image”)
acquiring, via the communication unit, an image generated based on the first information and the second information and representing the object placed in the vehicle in the environmental condition; (Kaino, US 11367257 B2, Fig. 15 “(105) As illustrated in FIG. 15, the user performs allocation of a definite shaped model by performing drag-and-drop of a definite shaped model selected in a definite shaped model selection window 322, onto a real object included in a live-view image”)
and outputting the image via the output unit, (Kaino, US 11367257 B2, Fig. 15 “(56) The output
section 220 performs an output of information. For example, the output section 220 outputs
information using an image, a sound, vibration, and/or the like. The output section 220 outputs
information on the basis of control performed by the control section 250. (3) Communication
section 230”)
However, Kaino is silent about receiving, via the input unit, an input by a user of a vehicle and an environmental condition for an environment in which the vehicle is to be placed, the user considering a purchase; receiving, via the input unit, an input by the user for a purpose of use for the vehicle, the purpose of use being one of commuting, fishing, golf, or daily use; outputting, via the output unit, a business bag and a laptop case in a case where the purpose of use is commuting; outputting, via the output unit, a fishing tool and a cooler box in a case where the purpose of use is fishing; outputting, via the output unit, a golf bag and a round bag in a case where the purpose of use is golf; outputting, via the output unit, a box of tissue paper, a seat mat, and a shopping bag in a case where the purpose of use is daily use; from the business bag, the laptop case, the fishing tool, the cooler box, the golf bag, the round bag, the box of tissue paper, the seat mat, and the shopping bag, corresponding to the purpose of use and wherein the environmental condition is at least one of a degree of brightness caused by a lighting fixture in the vehicle cabin, a weather condition, and time of a day.
Young teaches receiving, via the input unit, an input by a user of a vehicle and an environmental condition for an environment in which the vehicle is to be placed, the user considering a purchase; (Young, JR, US 20230360134 A1, “[0034] For example, the user may be a consumer who wants to purchase a car. The user may go to a showroom to view cars of different models. Instead of having all kinds of cars displayed in the showroom, the showroom may have one or more vehicle husks 205. The user may select the model of the car that the user wants to view, and the user device 210 may display, via an AR interface, AR content items of the selected vehicle model.”) and an environment condition for an environment in which the vehicle is to be placed (Young, JR, US 20230360134 A1, “[0050] The system may also display user-selectable options for different environmental conditions (e.g., sunny day, rainy day, etc.) under which the user wants to view the vehicle. AR content items corresponding to the options may depict the environmental condition (e.g., a beach, a blue sky, a grey sky, etc.) or may change the appearance of the vehicle under such environmental conditions (e.g., more light if the user selects a sunny day, less light if the user selects a rainy day). Displaying AR vehicles under different environmental conditions may provide the user a better experience to understand the appearance of the car.”)
wherein the environmental condition is at least one of a degree of brightness caused by a lighting fixture in the vehicle cabin, a weather condition, and time of a day. (Young, JR, US 20230360134 A1, “[0050] The system may also display user-selectable options for different environmental conditions (e.g., sunny day, rainy day, etc.) under which the user wants to view the vehicle. AR content items corresponding to the options may depict the environmental condition (e.g., a beach, a blue sky, a grey sky, etc.) or may change the appearance of the vehicle under such environmental conditions (e.g., more light if the user selects a sunny day, less light if the user selects a rainy day).”)
Adobe Photoshop teaches receiving, via the input unit, an input by the user for a purpose of use for the vehicle, the purpose of use being one of commuting, fishing, golf, or daily use; (Adobe Photoshop, 1:17-1-36, “User input a purpose of use and model according to the input is generated”, The examiner interpret that it would be obvious to one of ordinary skill in the art to be able to input a purpose of use being one of commuting, fishing, golf, or daily use.)
PNG
media_image1.png
583
1459
media_image1.png
Greyscale
(Adobe Photoshop, 1:14)
outputting, via the output unit, a business bag and a laptop case in a case where the purpose of use is commuting; outputting, via the output unit, a fishing tool and a cooler box in a case where the purpose of use is fishing; outputting, via the output unit, a golf bag and a round bag in a case where the purpose of use is golf; outputting, via the output unit, a box of tissue paper, a seat mat, and a shopping bag in a case where the purpose of use is daily use; (Adobe Photoshop, 1:17-2:58, “After user input a purpose of use and model according to the input is generated and outputted the screen ”, The examiner interpret that it would be obvious to one of ordinary skill in the art to be able to output objects/model of common items such as fishing tool, cooler box, golf bag, round bag, tissue paper, seat mat, shopping bag… )
PNG
media_image2.png
413
640
media_image2.png
Greyscale
(Adobe Photoshop, 1:27)
PNG
media_image3.png
877
1832
media_image3.png
Greyscale
(Adobe Photoshop, 1:38)
from the business bag, the laptop case, the fishing tool, the cooler box, the golf bag, the round bag, the box of tissue paper, the seat mat, and the shopping bag, corresponding to the purpose of use and (Adobe Photoshop, 1:17-2:58, “After user input a purpose of use and model according to the input is generated and outputted the screen ”, The examiner interpret that it would be obvious to one of ordinary skill in the art to be able to output objects/model of common items such as fishing tool, cooler box, golf bag, round bag, tissue paper, seat mat, shopping bag… )
PNG
media_image4.png
943
1448
media_image4.png
Greyscale
(Adobe Photoshop, 1:58)
Therefore, it would have been obvious for an ordinary skilled person in the art before the
effective filing date of claimed invention to have modified Kaino’s art by including Adobe Photoshop’s generative fill’s text input for purpose of use like fishing, commuting and output of models according to the text input as taught by Adobe Photoshop and environmental condition customization as taught by Young, JR, and use that with Kaino’s information processing apparatus.
The motivation for the combination is to improve the ability to customize according to user’s desire.
Regarding claim 2, Kaino teaches The method according to claim 1, wherein the image is a three- dimensional image (Kaino, US 11367257 B2, “(73) The definite shaped model is a three-dimensional model having a predefined shape. Specifically, the definite shaped model includes relative coordinates of a plurality of vertices, and information indicating a surface including the plurality of vertices.”) and second three-dimensional data representing the object are combined. (Kaino, US 11367257 B2, Fig. 15 “(105) As illustrated in FIG. 15, the user performs allocation of a definite shaped model by performing drag-and-drop of a definite shaped model selected in a definite shaped model selection window 322, onto a real object included in a live-view image”).
However, Kaino is silent about in which first three-dimensional data representing the vehicle cabin in the environmental condition
Young JR teaches in which first three-dimensional data representing the vehicle cabin in the environmental condition (Young, JR, US 20230360134 A1, “[0050] The system may also display user- selectable options for different environmental conditions (e.g., sunny day, rainy day, etc.) under which the user wants to view the vehicle. AR content items corresponding to the options may depict the environmental condition (e.g., a beach, a blue sky, a grey sky, etc.) or may change the appearance of the vehicle under such environmental conditions (e.g., more light if the user selects a sunny day, less light if the user selects a rainy day). Displaying AR vehicles under different environmental conditions may provide the user a better experience to understand the appearance of the car.”)
Therefore it would have been obvious for an ordinary skilled person in the art before the
effective filing date of claimed invention to have modified Kaino by including in which first three-dimensional data representing the vehicle cabin in the environmental condition as taught by Young, Jr, and use that with Kaino’s information processing apparatus.
Regarding claim 6, Kaino teaches The method according to claim 1, wherein the terminal device further includes a capturing unit. (Kaino, “(35) As illustrated in FIG. 1, a user is viewing a display 220 while holding the smartphone 200 in his/her hand, and a camera 210 disposed on the rear side of the display 220 is directed toward a table 11. A pet bottle 12 is placed on the table 11.”)
Regarding claim 7, Kaino teaches The method according to claim 6, further comprising acquiring an image capturing the object by the capturing unit, wherein the second information includes the captured image. (Kaino, “(152) In addition to the above, the input device 906 can be formed by a device that detects information related to the user. For example, the input device 906 can include various sensors such as an image sensor (a camera, for example), a depth sensor (a stereo camera, for example), an acceleration sensor, a gyro sensor, a geomagnetic sensor, an optical sensor, a sound sensor, a distance measurement sensor, and a force sensor. Also, the input device 906 may acquire information related to the state of the information processing apparatus 900 itself such as the posture and the moving velocity of the information processing apparatus 900 and information related to a surrounding environment of the information processing apparatus 900 such as brightness or noise around the information processing apparatus 900. Also, the input device 906 may include a GNSS module that receives a GNSS signal (a GPS signal from a global positioning system (GPS) satellite, for example) from a global navigation satellite system (GNSS) satellite and measures position information including the latitude, the longitude, and the altitude of the device. In addition, the input device 906 may detect the position through Wi-Fi (registered trademark), transmission and reception to and from a mobile phone, a PHS, a smartphone, or the like, near-field communication, or the like, in relation to the position information. The input device 906 can form the input section 210 illustrated in FIG. 6, for example.”)
Regarding claim 8, Kaino is silent about The method according to claim 1, wherein: the weather condition is rainy, sunny, or cloudy; and the time of a day is morning, daytime, or night.
Young JR teaches The method according to claim 1, wherein: the weather condition is rainy, sunny, or cloudy; and the time of a day is morning, daytime, or night. (Young, JR, US 20230360134 A1, “[0050] The system may also display user-selectable options for different environmental conditions (e.g., sunny day, rainy day, etc.) under which the user wants to view the vehicle. AR content items corresponding to the options may depict the environmental condition (e.g., a beach, a blue sky, a grey sky, etc.) or may change the appearance of the vehicle under such environmental conditions (e.g., more light if the user selects a sunny day, less light if the user selects a rainy day).”, The examiner interpret the appearance difference of time of a day related to difference of lighting)
Therefore it would have been obvious for an ordinary skilled person in the art before the
effective filing date of claimed invention to have modified Kaino by including The method according to claim 1, wherein: the weather condition is rainy, sunny, or cloudy; and the time of a day is morning, daytime, or night as taught by Young, Jr and Adobe Photoshop, and use that with Kaino’s information processing apparatus.
Regarding claim 9, Kaino is silent about The method according to claim 1, further comprising: applying the environmental condition indicated by the first information to the object; and generating the image representing the object with adjusted light irradiation based on the applied environmental condition.
Young JR teaches The method according to claim 1, further comprising: applying the environmental condition indicated by the first information to the object; and generating the image representing the object with adjusted light irradiation based on the applied environmental condition. (Young, JR, US 20230360134 A1, “[0050] The system may also display user-selectable options for different environmental conditions (e.g., sunny day, rainy day, etc.) under which the user wants to view the vehicle. AR content items corresponding to the options may depict the environmental condition (e.g., a beach, a blue sky, a grey sky, etc.) or may change the appearance of the vehicle under such environmental conditions (e.g., more light if the user selects a sunny day, less light if the user selects a rainy day).”)
Therefore it would have been obvious for an ordinary skilled person in the art before the
effective filing date of claimed invention to have modified Kaino by including The method according to claim 1, further comprising: applying the environmental condition indicated by the first information to the object; and generating the image representing the object with adjusted light irradiation based on the applied environmental condition as taught by Young, Jr and Adobe Photoshop, and use that with Kaino’s information processing apparatus.
Regarding claim 10, Kaino is silent about The method according to claim 8, further comprising: applying the environmental condition indicated by the first information to the object; and generating the image representing the object with adjusted light irradiation based on the applied environmental condition.
Young JR teaches The method according to claim 8, further comprising: applying the environmental condition indicated by the first information to the object; and generating the image representing the object with adjusted light irradiation based on the applied environmental condition. (Young, JR, US 20230360134 A1, “[0050] The system may also display user-selectable options for different environmental conditions (e.g., sunny day, rainy day, etc.) under which the user wants to view the vehicle. AR content items corresponding to the options may depict the environmental condition (e.g., a beach, a blue sky, a grey sky, etc.) or may change the appearance of the vehicle under such environmental conditions (e.g., more light if the user selects a sunny day, less light if the user selects a rainy day).”)
Therefore it would have been obvious for an ordinary skilled person in the art before the
effective filing date of claimed invention to have modified Kaino by including The method according to claim 8, further comprising: applying the environmental condition indicated by the first information to the object; and generating the image representing the object with adjusted light irradiation based on the applied environmental condition as taught by Young, Jr and Adobe Photoshop, and use that with Kaino’s information processing apparatus.
Regarding claim 11, Kaino teaches The method according to claim 2, wherein the first three-dimensional data includes a three-dimensional model, point cloud data, and mesh data. (Kaino, “(42) There are a variety of technologies of performing three-dimensional modeling of a real space. As one of these technologies, there is a technology of generating a three-dimensional model by integrating a plurality of pieces of observation information obtained by a camera, a depth sensor, or the like, from various types of points of view. The observation information can include an estimation result obtained by Pose estimation, an estimation result of a position and an attitude of an observation device that is obtained by Simultaneous Localization and Mapping (SLAM), depth information of each image obtained by a depth sensor or stereo matching, or the like. A three-dimensional model to be output is represented by a point cloud including an aggregate of feature points, an aggregate of polygons (Polygon Model) including a plurality of feature points, or the like, for example. The three-dimensional model includes at least coordinate information of a feature point, and can further include information indicating a surface formed by connecting feature points, and the like.”)
Regarding claim 12, Kaino teaches The method according to claim 1, wherein the object is movable relative to the vehicle. (Kaino, “(36) As an example, the system 1 is assumed to perform display processing that is based on an Augmented Reality (AR) technology, by cooperation between the information processing apparatus 100 and the terminal apparatus 200. The AR technology is a technology of presenting, to a user, additional information with being superimposed on a real space. Information to be presented to the user in the AR technology is visualized using virtual objects in various types of forms such as text, icons, or animation. The virtual object is disposed in an AR space in accordance with a position of a real object to be associated, and an operation such as moving, colliding, or deforming can also be performed in the AR space.”, The examiner interpret the virtual space to be a input by the user like, a vehicle.)
Regarding claim 13, Kaino teaches The method according to claim 1, wherein the object is a non-fixture object of the vehicle. (Kaino, “(36) As an example, the system 1 is assumed to perform display processing that is based on an Augmented Reality (AR) technology, by cooperation between the information processing apparatus 100 and the terminal apparatus 200. The AR technology is a technology of presenting, to a user, additional information with being superimposed on a real space. Information to be presented to the user in the AR technology is visualized using virtual objects in various types of forms such as text, icons, or animation. The virtual object is disposed in an AR space in accordance with a position of a real object to be associated, and an operation such as moving, colliding, or deforming can also be performed in the AR space.”, The examiner interpret the virtual space to be a input by the user like, a vehicle.)
Response to Arguments
Applicant's arguments filed 06/24/2026 have been fully considered but they are not persuasive.
Applicant argues The object described in amended claim 1 is a movable object, in contrast to the objects described in Koren that are fixed inside the vehicle. Accordingly, the object described in amended claim 1 can be arranged differently within the vehicle. Based on the different environmental conditions of brightness and the location of the object, a potential buyer is able to compare how the object is illuminated. On the other hand, the objects described in Koren cannot be arranged differently (i.e., they are fixed), thereby preventing a potential buyer from comparing how the object could be illuminated at different locations based on the different environmental conditions of brightness. Accordingly, Koren fails to teach or suggest the above features as recited in amended claim 1.
Examiner replies that, the paragraph (36) of Kaino et al. (US Patent No.: US 11367257 B2) “(36) As an example, the system 1 is assumed to perform display processing that is based on an Augmented Reality (AR) technology, by cooperation between the information processing apparatus 100 and the terminal apparatus 200. The AR technology is a technology of presenting, to a user, additional information with being superimposed on a real space. Information to be presented to the user in the AR technology is visualized using virtual objects in various types of forms such as text, icons, or animation. The virtual object is disposed in an AR space in accordance with a position of a real object to be associated, and an operation such as moving, colliding, or deforming can also be performed in the AR space.” teaches objects can be arranged in virtual space. The paragraph [0050] of Young, JR et al, (Patent No. US 20230360134 A1) “he system may also display user-selectable options for different environmental conditions (e.g., sunny day, rainy day, etc.) under which the user wants to view the vehicle. AR content items corresponding to the options may depict the environmental condition (e.g., a beach, a blue sky, a grey sky, etc.) or may change the appearance of the vehicle under such environmental conditions (e.g., more light if the user selects a sunny day, less light if the user selects a rainy day). Displaying AR vehicles under different environmental conditions may provide the user a better experience to understand the appearance of the car.” teaches the change of lighting condition to AR contents. Thus, Kaino and Young, JR teach or suggest the above features as recited in amended claim 1.
Regarding the remaining arguments: Applicant argues with respect to the amended claim language of claims 1 and 2, which is fully addressed in the prior art rejections set forth below.
Conclusion: The rejections set forth in the previous Office Action are shown to have been proper, and the claims are rejected below. Inasmuch as new citations and parenthetical remarks can be considered new grounds of rejection, such new grounds of rejection are necessitated by Applicant’s amendments to the claims. Therefore, the present Office Action is made final.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner
should be directed to CHAK FUNG A LAM whose telephone number is (571)272-9823. The examiner can
normally be reached Monday-Friday 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a
USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
Said Broome can be reached at 5712722931. The fax phone number for the organization where this
application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from
Patent Center. Unpublished application information in Patent Center is available to registered users. To
file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit
https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional
questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like
assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or
571-272-1000.
/C.A.L./Examiner, Art Unit 2612
/Said Broome/Supervisory Patent Examiner, Art Unit 2612
Prosecution Insights