DETAILED ACTION
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 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.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over Bradski et al. (Publication: US 2019/0094981 A1) in view of Rutschman et al. (Publication: US 2018/0064335 A1).
Regarding claim 1, Bradski discloses a method of providing a [[space]] extended reality service on earth, comprising (
[0018] , [0203] – method provide augmented reality with sensor to perform the mapping of the physical environment around the user with the following method:
[0018] , [0537] - Head-mounted augmented reality device contains memory stores instructions, processed by the processor.) :
a) acquiring, by means of one or more acquisition systems installed on a [[space]] platform , real-time data related to a surrounding [[space]] environment and/or to one or more [[at least one astronaut]] in said [[space]] environment ([0780] the AR system may receive input (e.g., visual input, sensory input, auditory input, knowledge bases, etc.) from one or more users of a particular around environment. As described previously, this may be achieved through various input devices, and knowledge already stored in the map database. The user's cameras, sensors, GPS system, eye tracking etc. ,“means”, conveys information to the system (step 5002). It should be appreciated that such information may be collected from a plurality of users to comprehensively populate the map database with real-time and up-to-date information, “real-time data related to a surrounding”.);
b) generating, by means of a computer graphics processing system , based on the acquired real-time data and on synthetic data, a three-dimensional extended reality environment including a shared, interactive digital twin of the [[space]] environment and one or more three-dimensional of avatars of the at least one [[astronaut]] ([0931] - a wearable system may capture image information and extract fiducials and recognized points 6452. Images may provide textures maps for objects and the world (textures may be real-time videos), “based on the acquired real-time data and on synthetic data”. The wearable local system may calculate pose using one of the pose calculation techniques mentioned. The cloud 6454 may use images and fiducials to segment 3-D objects from more static 3-D background.
[0959] virtual and/or augmented user experience is created such that remote avatars associated with users may be animated based at least in part upon data on a wearable device with input from sources such as voice inflection analysis and facial recognition analysis, as conducted by pertinent software modules. For example, referring back to FIG. 60, the bee avatar 6002 may be animated to have a friendly smile based upon facial recognition of a smile upon the user's face, “reproducing the [[space]] environment and one or more three-dimensional of the [[astronaut(s)]] reproducing movements and/or actions and/or facial expressions and/or voice of said [[astronaut(s)]]”
[0183], [1462] - The user device provides to the user, an interface for enabling a visual, audible, and/or physical interaction between the users. The interface provides the user with a rendered scene that can be viewed, heard or otherwise sensed, and the ability to interact with the scene in real-time.
As illustrated in FIG. 91B, the surgeon is able to reference the pre-mapped 3D anatomy 9112 (e.g., heart) during the procedure. Being able to reference the anatomy in real-time may, for example, improve placement accuracy of a valve repair. Outward pointed cameras capture image information from the procedure, allowing a medical student to observe virtually via the AR system from her remote classroom thus “real-time, share” can be read on.),
Wherein the one or more avatars reproduce movement, actions, facial expressions, and/or voice of said at least one [[astronaut]] ([0722] - The AR system may infer a location of a user's avatar simply based on a position of the user's head and/or hands with respect to the environment. The AR system may statistically process voice inflection (e.g., not content of utterances), and animate or modify an emotional expression of the corresponding avatar to reflect an emotion of the respective user which the avatar represents.
[1637], [0802] - the user's face is represented by a plurality of point clouds.
[0719] - The AR system may perform functions such along with real-time texture mapping, applying images (e.g., video) to the avatar); and
c) providing one or more Earth-based users with access to the shared, interactive digital twin of the [[space]] environment based on the generated three-dimensional extended reality environment and the one or more avatars ([0712] The AR system may render an avatar presence in a virtual space with no instrumentation, and allow virtual interaction. The passable world model allows a first user to pass a second user a copy of the first user's section of the world (e.g., a level that runs locally). If the second user's individual AR system is performing local rendering, all the first user's individual AR system needs to send is the skeletal animation.
[1279] - the first user may want to share a file with another user. This action may be animated in a playful manner by populating both the systems through avatars, “service”.
[1277] - Fig 123B, populated the avstar in 3D. Once the icon has been selected, the avatar may open up the game (using the avatar hand gesture, as shown in 12308). The game may then be rendered in 3D to the user. In one embodiment, the avatar may disappear after the user has selected the game, or in other embodiments, the avatar may remain, and the user may be free to choose other options/icons for other functionality as well, “three-dimensional extended reality environment ”.
[0183], [1462] - The user device provides to the user, an interface for enabling a visual, audible, and/or physical interaction between the users. The interface provides the user with a rendered scene that can be viewed, heard or otherwise sensed, and the ability to interact with the scene in real-time.
As illustrated in FIG. 91B, the surgeon is able to reference the pre-mapped 3D anatomy 9112 (e.g., heart) during the procedure. Being able to reference the anatomy in real-time may, for example, improve placement accuracy of a valve repair. Outward pointed cameras capture image information from the procedure, allowing a medical student to observe virtually via the AR system from her remote classroom thus “real-time, share” can be read on.),
thereby enabling real-time, two-way interaction between the at least one [[astronaut]] and the one or more Earth-based users within the shared, interactive digital twin of the [[space]] environment ([0183], [1462] - The user device provides to the user, an interface for enabling a visual, audible, and/or physical interaction between the users. The interface provides the user with a rendered scene that can be viewed, heard or otherwise sensed, and the ability to interact with the scene in real-time.
As illustrated in FIG. 91B, the surgeon is able to reference the pre-mapped 3D anatomy 9112 (e.g., heart) during the procedure. Being able to reference the anatomy in real-time may, for example, improve placement accuracy of a valve repair. Outward pointed cameras capture image information from the procedure, allowing a medical student to observe virtually via the AR system from her remote classroom thus “real-time, share” can be read on.).
Bradski does not however Rutschman discloses
and space platform ([0014] – space station, or other crew space craft.)
space platform ([0014] – space station, or other crew space craft.);
space environment ([0014] – outer space flights);
providing a space extended reality service on earth ([0014], [0018] – the regina image device is incorporated into augmented reality headset on the space station.
[0109] in a space environment, the used throughout a space voyage by astronauts to monitor for and detect retinal pathologies. The image processor 412 can obtain retinal image data from the image sensor 408 and perform image analysis to detect one or more potential pathologies. Upon detection, the image processor 412 can immediately transmit via the communication interface along with astronaut-identifying information. Upon detection of an increased signal strength, such as when positioned over the Earth-based ground station, the image processor 412 can transmit retinal imagery associated with the detected pathology, send data to group station “service on earth”);
space extended reality service on earth ([0014], [0018] – the regina image device is incorporated into augmented reality headset on the space station. [0109] in a space environment, the used throughout a space voyage by astronauts to monitor for and detect retinal pathologies. The image processor 412 can obtain retinal image data from the image sensor 408 and perform image analysis to detect one or more potential pathologies. Upon detection, the image processor 412 can immediately transmit via the communication interface along with astronaut-identifying information. Upon detection of an increased signal strength, such as when positioned over the Earth-based ground station, the image processor 412 can transmit retinal imagery associated with the detected pathology, send data to group station “service on earth”).
A space extended reality service provided on earth ([0014], [0018] – the regina image device is incorporated into augmented reality headset on the space station.
[0109] in a space environment, the used throughout a space voyage by astronauts to monitor for and detect retinal pathologies. The image processor 412 can obtain retinal image data from the image sensor 408 and perform image analysis to detect one or more potential pathologies. Upon detection, the image processor 412 can immediately transmit via the communication interface along with astronaut-identifying information. Upon detection of an increased signal strength, such as when positioned over the Earth-based ground station, the image processor 412 can transmit retinal imagery associated with the detected pathology, send data to group station “service on earth”),
thereby enabling real-time [[interaction]] between the at least one astronaut and the one or more Earth-based users within the shared digital twin of the space environment ([0033] Example operations and/or characteristics of the fundoscope 402 can include one or more of the following: enable user-self imaging transmit high resolution retinal imagery in real-time (e.g., from satellite to ground station).
[0109] For example, in a space environment, the fundoscope 402 can be used throughout a space voyage by astronauts to monitor for and detect retinal pathologies. The communication interface 410 may be a WIFI to microwave-based communication channel having a bandwidth constraint of approximately one to ten megabytes per second when the spacecraft passes over an Earth-based ground station. The image processor 412 can obtain retinal image data from the image sensor 408 and perform image analysis to detect one or more potential pathologies. Upon detection, the image processor 412 can immediately transmit via the communication interface 410 an ultra-low bandwidth text-based description of the detected pathology along with astronaut-identifying information. Upon detection of an increased signal strength, such as when positioned over the Earth-based ground station, the image processor 412 can transmit retinal imagery associated with the detected pathology.).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Bradski with and space platform; space platform; space environment; providing a space extended reality service on earth; space extended reality service on earth; a space extended reality service provided on earth, thereby enabling [[interaction]] between the at least one astronaut and the one or more Earth-based users within the shared digital twin of the space environment as taught by Rutschman. The motivation for doing is to transmitted emergency or urgent information in more timely manner.
Regarding claim 2, Bradski in view of Rutschman disclose all the limitation of claim 1 including and space platform and a space extended reality service provided on earth, at least one astronaut.
Bradski discloses wherein the real-time data include data that digitally represent body position and/or body attitude and/or facial expression of the [[at least one astronaut]] ( [0722] - The AR system may infer a location of a user's avatar simply based on a position of the user's head and/or hands with respect to the environment. The AR system may statistically process voice inflection (e.g., not content of utterances), and animate or modify an emotional expression of the corresponding avatar to reflect an emotion of the respective user which the avatar represents.
[1637], [0802] - the user's face is represented by a plurality of point clouds.
[0719] - The AR system may perform functions such along with real-time texture mapping, applying images (e.g., video) to the avatar, “real-time data”.).
Regarding claim 3, Bradski in view of Rutschman disclose all the limitation of claim 1 including and space platform and a space extended reality service provided on earth.
Bradski discloses wherein the real- time data include images and/or photos and/or video data and/or audio data ([0719] - The AR system may perform functions such along with real-time texture mapping, applying images (e.g., video) to the avatar).
Regarding claim 4, Bradski in view of Rutschman disclose all the limitation of claim 1 including and space platform and a space extended reality service provided on earth, at least one astronaut..
Bradski discloses wherein the synthetic data are produced based on one or more computer-aided design models and/or one or more digital twin models that digitally represent the [[space]] environment and/or the [[at least one astronaut ]] ( [0607] - the conference room scene may be rendered on the user's table. Thus, even if there is no camera at the conference room, the passable world model, using information collected through prior key frames etc., is able to transmit information about the conference room to other users and recreate the geometry of the room for other users in other spaces, “digital twin models that digitally represent the environment”.
[0187] The data stored in one or more servers 11 within the computing network 5 is, in one embodiment, transmitted or deployed at a high-speed, and with low latency, to one or more user devices 12 and/or gateway components 14. In one embodiment, object data shared by servers may be complete or may be compressed, and contain instructions for recreating the full object data on the user side, rendered and visualized by the user's local computing device (e.g., gateway 14 and/or user device 12), “the synthetic data are produced based on one or more computer-aided design models and/or one or more digital twin models”. ).
Regarding claim 5, Bradski in view of Rutschman disclose all the limitation of claim 1 including and space platform and a space extended reality service provided on earth.
Bradski discloses wherein the one or more Earth-based users use one or more extended reality devices to experience the three-dimensional extended reality environment([0808] The system may share basic elements (walls, windows, desk geometry, etc.) with any user who walks into the room in virtual or augmented reality, and in one embodiment that person's system will take images from his particular perspective and upload those to the cloud. Then the cloud becomes populated with old and new sets of data and can run optimization routines and establish fiducials that exist on individual objects.
[1277] - Fig 123B, populated the avstar in 3D. Once the icon has been selected, the avatar may open up the game (using the avatar hand gesture, as shown in 12308). The game may then be rendered in 3D to the user. In one embodiment, the avatar may disappear after the user has selected the game, or in other embodiments, the avatar may remain, and the user may be free to choose other options/icons for other functionality as well, “three-dimensional extended reality environment ”).
Regarding claim 6, A space extended reality service provided on earth by implementing the method as claimed in any one of the preceding claims claim 1 (see rejection on claim 1.).
Regarding claim 7, Bradski discloses a system designed to provide a [[space]] extended reality service on earth, comprising: one or more acquisition systems installed on a [[space]] platform and configured to acquire real-time data related to a surrounding [[space]] environment and/or [[at least one astronaut]] in said [[space]] environment ([0018] , [0203] – method provide augmented reality with sensor to perform the mapping of the physical environment around the user with the following method:
[0018] , [0537] - Head-mounted augmented reality device contains memory stores instructions, processed by the processor.
[0547] - “outward facing” camera that captures images of the ambient environment) ;
and a computer graphics processing system configured to receive the acquired real-time data and to carry out the steps b) and c) of the method as claimed in any one of claims 1 ([0931] - a wearable system may capture image information and extract fiducials and recognized points 6452. Images may provide textures maps for objects and the world (textures may be real-time videos). see rejection on claim 1.).
Regarding claim 8, Bradski discloses a method of providing an earth extended reality service on Earth platform, comprising ([0018] , [0537] - Head-mounted augmented reality device contains memory stores instructions, processed by the processor.
[0018] , [0203] – method provide augmented reality with sensor to perform the mapping of the physical environment around the user “platform” with the following method:):
a) acquiring, by means of one or more acquisition systems installed on a first location on Earth, real-time data related to a surrounding ground environment and/or to one or more ground users in said ground environment [0780] the AR system may receive input (e.g., visual input, sensory input, auditory input, knowledge bases, etc.) from one or more users of a particular around environment. As described previously, this may be achieved through various input devices, and knowledge already stored in the map database. The user's cameras, sensors, GPS system, eye tracking etc. ,“means”, conveys information to the system (step 5002). It should be appreciated that such information may be collected from a plurality of users to comprehensively populate the map database with real-time and up-to-date information, “real-time data related to a surrounding”.
[0183], [1462] - The user device provides to the user, an interface for enabling a visual, audible, and/or physical interaction between the users. The interface provides the user with a rendered scene that can be viewed, heard or otherwise sensed, and the ability to interact with the scene in real-time.
As illustrated in FIG. 91B, the surgeon is able to reference the pre-mapped 3D anatomy 9112 (e.g., heart) during the procedure. Being able to reference the anatomy in real-time may, for example, improve placement accuracy of a valve repair. Outward pointed cameras capture image information from the procedure, allowing a medical student to observe virtually via the AR system from her remote classroom thus “first location on Earth and second location on Earth” can be read on. );
b) generating, by means of a computer graphics processing system, based on the acquired real-time data and on synthetic data, a three-dimensional extended reality environment reproducing the ground environment and one or more three-dimensional of the ground users reproducing movements and/or actions and/or facial expressions and/or voice of said ground users ([0931] - a wearable system may capture image information and extract fiducials and recognized points 6452. Images may provide textures maps for objects and the world (textures may be real-time videos), “based on the acquired real-time data and on synthetic data”. The wearable local system may calculate pose using one of the pose calculation techniques mentioned. The cloud 6454 may use images and fiducials to segment 3-D objects from more static 3-D background.
[0959] virtual and/or augmented user experience is created such that remote avatars associated with users may be animated based at least in part upon data on a wearable device with input from sources such as voice inflection analysis and facial recognition analysis, as conducted by pertinent software modules. For example, referring back to FIG. 60, the bee avatar 6002 may be animated to have a friendly smile based upon facial recognition of a smile upon the user's face, “reproducing the ground environment and one or more three-dimensional of the ground users reproducing movements and/or actions and/or facial expressions and/or voice of said ground users”),
wherein the synthetic data digitally represent the ground environment and/or the ground users ([0931] - a wearable system may capture image information and extract fiducials and recognized points 6452. Images may provide textures maps for objects and the world (textures may be real-time videos)); and
c) providing one or more users at a second location on Earth, remote from the first location, with an Earth-extended reality service based on the generated three-dimensional extended reality environment and the one or more avatars, thereby enabling real-time, two-way interaction between the ground users at the first location and the users at the second location ([0712] The AR system may render an avatar presence in a virtual space with no instrumentation, and allow virtual interaction. The passable world model allows a first user to pass a second user a copy of the first user's section of the world (e.g., a level that runs locally). If the second user's individual AR system is performing local rendering, all the first user's individual AR system needs to send is the skeletal animation.
[1279] - the first user may want to share a file with another user. This action may be animated in a playful manner by populating both the systems through avatars, “service”.
[1277] - Fig 123B, populated the avstar in 3D. Once the icon has been selected, the avatar may open up the game (using the avatar hand gesture, as shown in 12308). The game may then be rendered in 3D to the user. In one embodiment, the avatar may disappear after the user has selected the game, or in other embodiments, the avatar may remain, and the user may be free to choose other options/icons for other functionality as well, “three-dimensional extended reality environment “.
[0183], [1462] - The user device provides to the user, an interface for enabling a visual, audible, and/or physical interaction between the users. The interface provides the user with a rendered scene that can be viewed, heard or otherwise sensed, and the ability to interact with the scene in real-time.
As illustrated in FIG. 91B, the surgeon is able to reference the pre-mapped 3D anatomy 9112 (e.g., heart) during the procedure. Being able to reference the anatomy in real-time may, for example, improve placement accuracy of a valve repair. Outward pointed cameras capture image information from the procedure, allowing a medical student to observe virtually via the AR system from her remote classroom. Thus “first location on Earth and second location on Earth” and “thereby enabling real-time, two-way interaction between the ground users at the first location and the users at the second location” can be read on.).
Bradski does not however Rutschman discloses
and space platform ([0014] – space station, or other crew space craft.)
space platform ([0014] – space station, or other crew space craft.);
space environment ([0014] – outer space flights);
providing a space extended reality service on earth ([0014], [0018] – the regina image device is incorporated into augmented reality headset on the space station.
[0109] in a space environment, the used throughout a space voyage by astronauts to monitor for and detect retinal pathologies. The image processor 412 can obtain retinal image data from the image sensor 408 and perform image analysis to detect one or more potential pathologies. Upon detection, the image processor 412 can immediately transmit via the communication interface along with astronaut-identifying information. Upon detection of an increased signal strength, such as when positioned over the Earth-based ground station, the image processor 412 can transmit retinal imagery associated with the detected pathology, send data to group station “service on earth”);
space extended reality service on earth ([0014], [0018] – the regina image device is incorporated into augmented reality headset on the space station.
[0109] in a space environment, the used throughout a space voyage by astronauts to monitor for and detect retinal pathologies. The image processor 412 can obtain retinal image data from the image sensor 408 and perform image analysis to detect one or more potential pathologies. Upon detection, the image processor 412 can immediately transmit via the communication interface along with astronaut-identifying information. Upon detection of an increased signal strength, such as when positioned over the Earth-based ground station, the image processor 412 can transmit retinal imagery associated with the detected pathology, send data to group station “service on earth”).
A space extended reality service provided on earth ([0014], [0018] – the regina image device is incorporated into augmented reality headset on the space station.
[0109] in a space environment, the used throughout a space voyage by astronauts to monitor for and detect retinal pathologies. The image processor 412 can obtain retinal image data from the image sensor 408 and perform image analysis to detect one or more potential pathologies. Upon detection, the image processor 412 can immediately transmit via the communication interface along with astronaut-identifying information. Upon detection of an increased signal strength, such as when positioned over the Earth-based ground station, the image processor 412 can transmit retinal imagery associated with the detected pathology, send data to group station “service on earth”).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Bradski with and space platform; space platform; space environment; providing a space extended reality service on earth; space extended reality service on earth; a space extended reality service provided on earth; as taught by Rutschman. The motivation for doing is to transmitted emergency or urgent information in more timely manner.
Regarding claim 9, Bradski in view of Rutschman disclose all the limitation of claim 8 including and space platform and a space extended reality service provided on earth.
Bradski discloses wherein the real-time data include data that digitally represent body position and/or body attitude and/or facial expression of the ground users ([0722] - The AR system may infer a location of a user's avatar simply based on a position of the user's head and/or hands with respect to the environment. The AR system may statistically process voice inflection (e.g., not content of utterances), and animate or modify an emotional expression of the corresponding avatar to reflect an emotion of the respective user which the avatar represents.
[1637], [0802] - the user's face is represented by a plurality of point clouds.
[0719] - The AR system may perform functions such along with real-time texture mapping, applying images (e.g., video) to the avatar, “real-time data”.).
Regarding claim 10, Bradski in view of Rutschman disclose all the limitation of claim 8 including and space platform and a space extended reality service provided on earth.
Bradski discloses wherein the real- time data include images and/or photos and/or video data and/or audio data (([0719] - The AR system may perform functions such along with real-time texture mapping, applying images (e.g., video) to the avatar). ).
Regarding claim 11, Bradski in view of Rutschman disclose all the limitation of claim 8 including and space platform and a space extended reality service provided on earth.
Bradski discloses wherein the synthetic data are produced based on one or more computer-aided design models and/or one or more digital twin models that digitally represent the ground environment and/or the ground users ( [0607] - the conference room scene may be rendered on the user's table. Thus, even if there is no camera at the conference room, the passable world model, using information collected through prior key frames etc., is able to transmit information about the conference room to other users and recreate the geometry of the room for other users in other spaces, “digital twin models that digitally represent the environment”.
[0187] The data stored in one or more servers 11 within the computing network 5 is, in one embodiment, transmitted or deployed at a high-speed, and with low latency, to one or more user devices 12 and/or gateway components 14. In one embodiment, object data shared by servers may be complete or may be compressed, and contain instructions for recreating the full object data on the user side, rendered and visualized by the user's local computing device (e.g., gateway 14 and/or user device 12), “the synthetic data are produced based on one or more computer-aided design models and/or one or more digital twin models”.).
Regarding claim 12, Bradski in view of Rutschman disclose all the limitation of claim 8 including and space platform and a space extended reality service provided on earth, at least one astronauts.
Bradski discloses wherein the [[at least one astronauts ]] use(s) one or more extended reality devices to experience the Earth-extended reality service ([0808] The system may share basic elements (walls, windows, desk geometry, etc.) with any user who walks into the room in virtual or augmented reality, and in one embodiment that person's system will take images from his particular perspective and upload those to the cloud. Then the cloud becomes populated with old and new sets of data and can run optimization routines and establish fiducials that exist on individual objects.).
Regarding claim 13, Earth An Earth-extended extended reality service provided on a [[space]] platform by implementing the method as claimed in any one of claims 8 (see rejection on claims 8.).
Regarding claim 14, Bradski discloses A system designed to provide an Earth-extended reality service on a [[space]] platform, comprising: one or more acquisition systems installed on earth and configured to acquire real-time data related to a surrounding ground environment and/or to one or more ground users in said ground environment ([0018] , [0203] – method provide augmented reality with sensor to perform the mapping of the physical environment around the user with the following method:
[0018] , [0537] - Head-mounted augmented reality device contains memory stores instructions, processed by the processor.
[0547] - “outward facing” camera that captures images of the ambient environment) ;
and a computer graphics processing system configured to receive the acquired real-time data and to carry out the steps b) and c) of the method as claimed in any one of claims 8 ([0931] - a wearable system may capture image information and extract fiducials and recognized points 6452. Images may provide textures maps for objects and the world (textures may be real-time videos). see rejection on claim 1.).
Response to Arguments
Claim Rejection Under 35 U.S.C. 103
Applicant asserts “Independent claim 1, as amended, is directed to a method that provides a shared, interactive digital twin of a space environment, which enables real-time, two-way interaction between an astronaut and one or more Earth-based users within that digital twin. The combination of Bradski and Rutschman fails to teach or suggest such a method. As the Examiner is aware, a combination of prior art references is only proper under 35 U.S.C. § 103 if there is a reason that would have prompted a person of ordinary skill in the art to combine the teachings of those references to achieve the claimed invention. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). Here, no such reason exists. The references are from non-analogous fields of art. Bradski teaches a general-purpose AR system. Rutschman, in contrast, is directed to a highly specialized medical device-a fundoscope for diagnosing retinal pathologies in astronauts (Rutschman, [0014]). A person of ordinary skill seeking to create a collaborative telepresence system would not be motivated to tum to a niche medical diagnostic tool for guidance. Even if a person of ordinary skill in the art were to illogically combine the references, as proposed by the Examiner, the combination would not arrive at the claimed invention. The combination does not teach or suggest key limitations of a "shared, interactive digital twin" that enables "real-time, two-way interaction" between the astronaut and Earth-based users. Bradski teaches avatars, but not in a shared, interactive space-to-Earth context. Rutschman teaches sending data to a "group station" ([0109]), which is merely a passive data-reception point for analysis, not an interactive virtual environment for an Earth-based user.”
The ground of rejection has changed. It is the combination of Bradski in view of Rutschman with new ground of rejection that disclose the amended language above .
Bradski discloses [0183], [1462] - The user device provides to the user, an interface for enabling a visual, audible, and/or physical interaction between the users. The interface provides the user with a rendered scene that can be viewed, heard or otherwise sensed, and the ability to interact with the scene in real-time. As illustrated in FIG. 91B, the surgeon is able to reference the pre-mapped 3D anatomy 9112 (e.g., heart) during the procedure. Being able to reference the anatomy in real-time may, for example, improve placement accuracy of a valve repair. Outward pointed cameras capture image information from the procedure, allowing a medical student to observe virtually via the AR system from her remote classroom thus “real-time, share” can be read on.
Rutschman discloses [0033] Example operations and/or characteristics of the fundoscope 402 can include one or more of the following: enable user-self imaging transmit high resolution retinal imagery in real-time (e.g., from satellite to ground station). [0109] For example, in a space environment, the fundoscope 402 can be used throughout a space voyage by astronauts to monitor for and detect retinal pathologies. The communication interface 410 may be a WIFI to microwave-based communication channel having a bandwidth constraint of approximately one to ten megabytes per second when the spacecraft passes over an Earth-based ground station. The image processor 412 can obtain retinal image data from the image sensor 408 and perform image analysis to detect one or more potential pathologies. Upon detection, the image processor 412 can immediately transmit via the communication interface 410 an ultra-low bandwidth text-based description of the detected pathology along with astronaut-identifying information. Upon detection of an increased signal strength, such as when positioned over the Earth-based ground station, the image processor 412 can transmit retinal imagery associated with the detected pathology.
Applicant asserts “Independent claim 8, as amended, is explicitly directed to an Earth-based method enabling interaction between users at two remote locations on Earth. The Examiner has rejected this claim by combining Bradski (an Earth-based system) with Rutschman, a reference that is exclusively concerned with a space-based system for monitoring astronauts. Applicant respectfully submits that the proposed Bradski/Rutschman combination fails to teach or suggest Applicant's claimed method that, inter alia, "provid[es] one or more users at a second location on Earth, remote from the first location, with an Earth-extended reality service based on the generated three-dimensional extended reality environment and the one or more avatars, thereby enabling real-time, two-way interaction between the ground users at the first location and the users at the second location.”
The ground of rejection has changed. It is Bradski with new ground of rejection that discloses the amended language above .
Bradski discloses [0183], [1462] - The user device provides to the user, an interface for enabling a visual, audible, and/or physical interaction between the users. The interface provides the user with a rendered scene that can be viewed, heard or otherwise sensed, and the ability to interact with the scene in real-time.
As illustrated in FIG. 91B, the surgeon is able to reference the pre-mapped 3D anatomy 9112 (e.g., heart) during the procedure. Being able to reference the anatomy in real-time may, for example, improve placement accuracy of a valve repair. Outward pointed cameras capture image information from the procedure, allowing a medical student to observe virtually via the AR system from her remote classroom. Thus “first location on Earth and second location on Earth” and “thereby enabling real-time, two-way interaction between the ground users at the first location and the users at the second location” can be read on.
Regarding claims 2 - 5, and 9 - 12, the Applicant asserts that they are not obvious over based on their dependency from independent claims 1, and 8 respectively. The examiner cannot concur with the Applicant respectfully from same reason noted in the examiner’s response to argument asserted from claims 1 and 8 respectively.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 Ming Wu whose telephone number is (571) 270-0724. The examiner can normally be reached on Monday-Thursday and alternate Fridays (9:30am - 6:00pm) EST.
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/Ming Wu/
Primary Examiner, Art Unit 2618
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