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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/25/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,652,973. Although the claims at issue are not identical, they are not patentably distinct from each other:
Application No. 18/896,316
U.S. Patent No. 11,652,973
Claim 1
Claim 1
A method for conversion of a series of two dimensional images into a series of three dimensional images comprising:
A method for conversion of a series of two dimensional images into a series of three dimensional images comprising:
(a) receiving said series of two dimensional images having pixels where each of said series of two dimensional images are from the same viewpoint;
(a) receiving said series of two dimensional images having pixels where each of said series of two dimensional images are from the same viewpoint;
(b) processing said series of two dimensional images based upon machine learning to determine a respective depth map associated with each of said series of two dimensional images where each of said series of two dimensional images are from said same viewpoint;
(b) processing said series of two dimensional images based upon a neural network to determine a respective depth map associated with each of said series of two dimensional images where each of said series of two dimensional images are from said same viewpoint;
(c) processing said depth map determined based upon (1) said machine learning and (2) said two dimensional images to present three dimensional images on a display, wherein portions of said series of three dimensional images has the appearance of being behind a plane of a display screen of said display and other portions of said series of three dimensional images has the appearance of being in front said plane of said screen of said display, where said three dimensional images has a total depth including the apparent depth behind said screen based upon a maximum value capable of being included within said depth map for the apparent depth behind said screen and the apparent depth in front of said screen based upon a maximum value capable of being included within said depth map for the apparent depth in front of said screen, where said appearance of being in front of said plane of said display screen is greater than 15% of said total depth.
(c) processing said depth map determined based upon (1) said neural network and (2) said two dimensional images to present three dimensional images on a display, wherein portions of said series of three dimensional images has the appearance of being behind a plane of a display screen of said display and other portions of said series of three dimensional images has the appearance of being in front said plane of said screen of said display, where said three dimensional images has a total depth including the apparent depth behind said screen based upon a maximum value capable of being included within said depth map for the apparent depth behind said screen and the apparent depth in front of said screen based upon a maximum value capable of being included within said depth map for the apparent depth in front of said screen, where said appearance of being in front of said plane of said display screen is greater than 15% of said total depth.
Claim 2
Claim 2
wherein said appearance of being in front of said place of said screen is greater than 20% of said total depth.
wherein said appearance of being in front of said place of said screen is greater than 20% of said total depth.
Claim 3
Claim 3
wherein said appearance of being in front of said place of said screen is greater than 25% of said total depth.
wherein said appearance of being in front of said place of said screen is greater than 25% of said total depth.
Claim 4
Claim 4
wherein said appearance of being in front of said place of said screen is greater than 30% of said total depth.
wherein said appearance of being in front of said place of said screen is greater than 30% of said total depth.
Claim 5
Claim 5
wherein said appearance of being in front of said plane of said screen of said display is adjustable by a viewer.
wherein said appearance of being in front of said plane of said screen of said display is adjustable by a viewer.
Claim 6
Claim 6
wherein said processing said depth map and said series of two dimensional images adjusts one of said pixels to the left and to the right in different views for each viewer eye-view supported by a target display device so that said pixel appears to be behind said screen, and said processing said depth map adjusts another one of said pixels to the left and to the right in different views for said viewer so that said pixel appears to be in in front of said screen, where said processing for said pixel behind said screen and said processing for said pixel in front of said screen are adjusted in different manners for viewing by the same eye of said viewer.
wherein said processing said depth map and said series of two dimensional images adjusts one of said pixels to the left and to the right in different views for each viewer eye-view supported by a target display device so that said pixel appears to be behind said screen, and said processing said depth map adjusts another one of said pixels to the left and to the right in different views for said viewer so that said pixel appears to be in in front of said screen, where said processing for said pixel behind said screen and said processing for said pixel in front of said screen are adjusted in different manners for viewing by the same eye of said viewer.
Claim 7
Claim 7
wherein said adjustment is based upon shifting a total depth of said three dimensional images for said display so that said appearance of being in front of said place of said screen is modified by offset toward or away from the viewer without modifying said total depth.
wherein said adjustment is based upon shifting a total depth of said three dimensional images for said display so that said appearance of being in front of said place of said screen is modified by offset toward or away from the viewer without modifying said total depth.
Claim 8
Claim 8
wherein said shifting is a linear shifting.
wherein said shifting is a linear shifting.
Claim 9
Claim 9
wherein said shifting is a non-linear shifting.
wherein said shifting is a non-linear shifting.
Claim 10
Claim 10
wherein said adjustment is based upon shifting a total depth of said three dimensional images for said display so that said appearance of being in front of said place of said screen is modified without increasing said total depth.
wherein said adjustment is based upon shifting a total depth of said three dimensional images for said display so that said appearance of being in front of said place of said screen is modified without increasing said total depth.
Allowable Subject Matter
Claims 1-10 are objected to as being rejected on the grounds of non-statutory double patenting as discussed above, but would be allowable if the double patenting rejections were to be overcome, such as through the filing of a Terminal Disclaimer in compliance with 37 CFR 1.321(b).
The following is an examiner’s statement of reasons for allowance: The prior art does not teach or suggest the combination of limitations presented in the independent claim, with specific regard to processing said depth map determined based upon (1) said neural network and (2) said two dimensional images to present three dimensional images on a display, wherein portions of said series of three dimensional images has the appearance of being behind a plane of a display screen of said display and other portions of said series of three dimensional images has the appearance of being in front said plane of said screen of said display, where said three dimensional images has a total depth including the apparent depth behind said screen based upon a maximum value capable of being included within said depth map for the apparent depth behind said screen and the apparent depth in front of said screen based upon a maximum value capable of being included within said depth map for the apparent depth in front of said screen, where said appearance of being in front of said plane of said display screen is greater than 15% of said total depth.
The closest prior art of reference, Tech, G., Wegner, K., Chen, Y. & Yea, S. (April 2013). "3D- HEVC TEST MODEL 4", JCT3V-D1005-4TH Meeting: Incheon, KR, 20-26 Apr. 2013, discloses a method for conversion of a series of two dimensional images into a series of three dimensional images, comprising receiving said series of two dimensional images having pixels where each of said series of two dimensional images are from the same viewpoint, processing the series of two dimensional images and an associated depth map to determine respective displacements for each eye-view associated with each pixel. However, Tech et al. does not disclose processing said depth map determined based upon (1) said neural network and (2) said two dimensional images to present three dimensional images on a display, wherein portions of said series of three dimensional images has the appearance of being behind a plane of a display screen of said display and other portions of said series of three dimensional images has the appearance of being in front said plane of said screen of said display, where said three dimensional images has a total depth including the apparent depth behind said screen based upon a maximum value capable of being included within said depth map for the apparent depth behind said screen and the apparent depth in front of said screen based upon a maximum value capable of being included within said depth map for the apparent depth in front of said screen, where said appearance of being in front of said plane of said display screen is greater than 15% of said total depth.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Izumi – U.S. Publication No. 2011/0134109
An et al. – U.S. Publication No. 2014/0065902
Berretty et al. – U.S. Publication No. 2006/0078180
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/TYLER B. EDWARDS/
Examiner
Art Unit 2488
/ZAIHAN JIANG/Primary Examiner, Art Unit 2488