CTNF 18/862,604 CTNF 80119 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because it is directed towards a program for causing a computer to execute processing of: estimating, based on captured images at a predetermined time captured by a plurality of imaging devices, bone information of a person appearing in the captured images; and estimating, when occlusion has occurred on the person appearing in the captured images at the predetermined time, a 3D model of the person based on the bone information at the predetermined time. The broadest reasonable interpretation of a claim drawn to a standalone program typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. Because the full scope of the claim as properly read in light of the disclosure appears to encompass non-statutory subject matter (i.e., because the specification defines/exemplifies a computer readable medium as a non-statutory signal, carrier wave, etc.) the claim as a whole is non-statutory. (See 1351 OG 212). A claim drawn to such a program that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 USC § 101 by adding the limitation “program embedded on a non-transitory computer-readable medium” to the claim. Any amendment to the claim should be commensurate with Applicant’s corresponding disclosure. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim s 1-6, 9 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Smolic et al. (US 20200320727 A1) . Regarding claim 1 , Smolic et al. discloses an image processing device (apparatus for generating a three-dimensional model, para. 0028) comprising: a bone information estimation unit that estimates, based on captured images at a predetermined time captured by a plurality of imaging devices, bone information of a person appearing in the captured images (providing an estimated three-dimensional skeleton of the at least one object, the three-dimensional skeleton being estimated from the plurality of images, para. 0047; 3D joint coordinates for each skeleton 301-303 are estimated by minimizing a set of overdetermined linear triangulation problems to generate the 3D skeleton 304, para. 0180); and a 3D model estimation unit that, when occlusion has occurred on the person appearing in the captured images at the predetermined time (carving out the shape volume using the three-dimensional skeleton is ideally suited to the presence of large occlusions, para. 0052), estimates a 3D model of the person based on the bone information at the predetermined time (calculating, for voxels of the shape volume, the distance between the voxel and a portion of the three-dimensional skeleton, para. 0048). Regarding claim 2, Smolic et al. discloses the image processing device according to claim 1, wherein the bone information estimation unit estimates position information of the person based on the bone information of the person, and the 3D model estimation unit determines whether occlusion has occurred on the person based on the position information of the person (2D skeletons 301 - 303 may be determined using Part Affinity Fields (PAFs). This results in, for each image, a set of detected skeletons 301 - 303 having a set of 2D joints and a set of confidence values. Unwanted skeletons (e.g. objects in the background, such as people walking by or audience members to the scene) may be filtered out by using the silhouette information, otherwise known as object masks obtained during the object segmentation. If there is more than one intended object in the scene, epipolar constraints may be applied to the scene so that the 2D skeletons 301 - 303 can be correctly matched to the different objects, para. 0180). Regarding claim 3, Smolic et al. discloses the image processing device according to claim 1, wherein when occlusion has occurred on the person appearing in captured images from a predetermined number of imaging devices or more, the 3D model estimation unit determines that occlusion has occurred on the person (Estimating the three-dimensional shape volume from the silhouette information itself may result in an occluded three-dimensional shape which does not accurately represent the object, para. 0034). Claim 9, an image processing method claim, is rejected for the same reason as claim 1. Claim 10, a program claim, is rejected for the same reason as claim 1 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Smolic et al. (US 20200320727 A1) in view of Montserrat Mora et al. (US 20150178988 A1) . Regarding claim 4, Smolic et al. does not expressly disclose a first 3D model generation unit that generates, by using the captured images captured by the plurality of imaging devices, an unrigged 3D model that is a 3D model not including the bone information of the person; and a second 3D model generation unit that generates, based on the bone information of the person, a rigged 3D model that is a 3D model including the bone information of the person. Montserrat Mora et al. teaches a 3D reconstruction system using a capture room with a plurality of cameras surrounding an object or being to be scanned, paras. 0057-0058. A mesh model (i.e., unrigged, para. 0052) is then rigged using an articulated skeleton model Smolic et al. in view of Montserrat Mora et al. are analogous art because they are from the similar problem solving area of image reconstruction. At the time of the invention, it would have been obvious to a person of ordinary skill in the art to add the unrigged of Montserrat Mora et al. to the method of Smolic et al. in order to obtain unrigged reconstruction. The motivation for doing so would be to create an alternative model. Regarding claim 5, Smolic et al. does not expressly disclose wherein the 3D model estimation unit estimates the 3D model of the person at the predetermined time by deforming the rigged 3D model of the person based on the bone information at the predetermined time. Montserrat Mora et al. teaches a 3D reconstruction system using a capture room with a plurality of cameras surrounding an object or being to be scanned, paras. 0057-0058. A mesh model (i.e., unrigged, para. 0052) is then rigged using an articulated skeleton model Smolic et al. in view of Montserrat Mora et al. are analogous art because they are from the similar problem solving area of image reconstruction. At the time of the invention, it would have been obvious to a person of ordinary skill in the art to add the unrigged of Montserrat Mora et al. to the method of Smolic et al. in order to obtain unrigged reconstruction. The motivation for doing so would be to create an alternative model. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS J LETT whose telephone number is (571)272-7464. The examiner can normally be reached Mon-Fri 9-6 ET. 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, Tammy Goddard can be reached at (571) 272-7773. 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. /THOMAS J LETT/Primary Examiner, Art Unit 2611 Application/Control Number: 18/862,604 Page 2 Art Unit: 2611 Application/Control Number: 18/862,604 Page 3 Art Unit: 2611 Application/Control Number: 18/862,604 Page 4 Art Unit: 2611 Application/Control Number: 18/862,604 Page 5 Art Unit: 2611 Application/Control Number: 18/862,604 Page 6 Art Unit: 2611 Application/Control Number: 18/862,604 Page 7 Art Unit: 2611
Prosecution Insights