DETAILED ACTION
This action is in response to communications: Preliminary-Amendment filed February 14, 2025.
Claims 2-21 are pending in this case. Claim 1 has been cancelled. Claims 2-21 have been newly added. This action is made Non-Final.
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 .
Drawings
The drawings were received on November 4, 2024. These drawings are accepted.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-9 and 12-19 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,169,893 in view of Schmalstieg et al. (US 10,403,032). Please see the tables below.
Present Application #18/936,975
2
3
4
5
6
7
8
U.S. Patent #12,169,893
1
2
3
5
4
6
7
Present Application #18/936,975
12
13
14
15
16
17
18
U.S. Patent #12,169,893
1
2
3
5
4
6
7
Present Application #18/936,975 Claim 2
U.S. Patent #12,169,893 Claim 1
A system comprising a one or more computer processors, a memory, and instructions stored in the memory, wherein the instructions, when executed by the processor,
A computer-implemented method of
render three-dimensional (3D) objects in an object space to two-dimensional (2D) view space images in a view space by:
rendering three-dimensional (3D) objects in an object space to two-dimensional (2D) view space images in a view space,
the object space being distinct from the view space, the method comprising:
generating local surface properties for each 3D object from one or more parameter image maps;
generating local surface properties for each 3D object from one or more parameter image maps;
generating, based on the local surface properties, one or more intermediate object layers in the object space;
generating, based on the local surface properties, one or more intermediate object layers in the object space;
rendering one or more 2D view space images by consuming and projecting the intermediate object layers;
rendering one or more 2D view space images by consuming and projecting the intermediate object layers;
rendering, for a first scene, a first set of 2D view space images by projecting each of a first group of one or more intermediate object layers;
rendering, for a first scene, a first set of 2D view space images by projecting each of a first group of one or more intermediate object layers;
storing, as a second group, intermediate object layers selected from the first group; and
storing, as a second group, intermediate object layers selected from the first group; and
reusing the group of intermediate object layers by rendering, for a second scene, a second set of 2D view space images by projecting one or more intermediate object layers of the second group.
reusing the group of intermediate object layers by rendering, for a second scene, a second set of 2D view space images by projecting one or more intermediate object layers of the second group.
Claim 1 of the present application differ from claim 1 of the patent application in that claim 1 of the present application is directed to a “system” where claim 1 of the patent application is directed to a “method.” However, Schmalstieg et al. disclose “…a system (Figure 1, system 100 and/or Figure 2, system 150) comprising a one or more computer processors (e.g. central processing units (CPUs) 104, 124, 152 with graphics processing units (GPUs) 110, 126, 160, 190), a memory (memories 106, 180), and instructions stored in the memory, wherein the instructions, when executed by the processor (column 15, lines 18-23 notes functions described may be implemented in hardware, software, firmware, or any combination thereof, where if implemented in software, the functions may be stored on or transmitted over as one or more instructions or code on a computer-readable medium (e.g. one or more memories noted above) and executed by a hardware-based processing unit (e.g. one or more CPUs/GPUs noted above)), render three-dimensional (3D) objects in an object space (e.g. rendering graphics primitives as well as characteristics for objects defined by the primitives in “object space,” e.g. images that are not displayable to a user) to two-dimensional (2D) view space images in a view space (e.g. to final images as left-eye and right-eye images that are viewable to the user, e.g. via a left-eye display and right-eye display of a virtual reality of augmented reality headset) …” It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the patent application’s method of rendering three-dimensional (3D) objects in an object space to two-dimensional (2D) view space images in a view space to be rendered in the system as described in Schmalstieg et al.’s as a system is required for performing rendering as described, thus yielding predictable results, without changing the scope of the invention.
Present Application #18/936,975 Claim 3
U.S. Patent #12,169,893 Claim 2
The system of claim 1, wherein:
The method of claim 1, wherein:
generating the intermediate object layers comprises shading one or more sample images; and
generating the intermediate object layers comprises shading one or more sample images; and
shading the sample images occurs before prior to projecting the intermediate object layers.
shading the sample images occurs before prior to projecting the intermediate object layers.
Present Application #18/936,975 Claim 4
U.S. Patent #12,169,893 Claim 3
The system of claim 3, wherein
The method of claim 2, wherein
one or more intermediate object layers comprise local surface properties for a sampling rate.
one or more intermediate object layers comprise local surface properties for a sampling rate.
Present Application #18/936,975 Claim 5
U.S. Patent #12,169,893 Claim 5
The system of claim 4, wherein
The method of claim 4, wherein
members of the second group are selected by a scene manager.
members of the second group are selected by a scene manager.
Present Application #18/936,975 Claim 6
U.S. Patent #12,169,893 Claim 4
The system of claim 1, wherein
The method of claim 1, wherein
members of the second group are selected by a scene manager.
members of the second group are selected by a scene manager.
Present Application #18/936,975 Claim 7
U.S. Patent #12,169,893 Claim 6
The system of claim 1, wherein
The method of claim 1, wherein
a first 2D view space image is rendered using multiple members of the second group.
members of the second group are selected by a scene manager.
Present Application #18/936,975 Claim 8
U.S. Patent #12,169,893 Claim 7
The system of claim 1, wherein
The method of claim 1, wherein
one or more intermediate object layers comprise local surface properties for a sampling rate.
one or more intermediate object layers comprise local surface properties for a sampling rate.
As to claim 9, Schmalstieg et al. disclose the one or more processors comprise a first graphic processing unit (GPU) and a second (GPU) distinct from the first GPU (e.g. Figure 2, GPU 160 and GPU 190).
Present Application #18/936,975 Claim 12
U.S. Patent #12,169,893 Claim 1
A non-transitory computer readable medium (CRM) having stored thereon instructions for executing a program, wherein the instructions, when executed by one or more computer processors,
A computer-implemented method of
render three-dimensional (3D) objects in an object space to two- dimensional (2D) view space images in a view space by:
rendering three-dimensional (3D) objects in an object space to two-dimensional (2D) view space images in a view space,
the object space being distinct from the view space, the method comprising:
generating local surface properties for each 3D object from one or more parameter image maps;
generating local surface properties for each 3D object from one or more parameter image maps;
generating, based on the local surface properties, one or more intermediate object layers in the object space;
generating, based on the local surface properties, one or more intermediate object layers in the object space;
rendering one or more 2D view space images by consuming and projecting the intermediate object layers;
rendering one or more 2D view space images by consuming and projecting the intermediate object layers;
rendering, for a first scene, a first set of 2D view space images by projecting each of a first group of one or more intermediate object layers;
rendering, for a first scene, a first set of 2D view space images by projecting each of a first group of one or more intermediate object layers;
storing, as a second group, intermediate object layers selected from the first group; and
storing, as a second group, intermediate object layers selected from the first group; and
reusing the group of intermediate object layers by rendering, for a second scene, a second set of 2D view space images by projecting one or more intermediate object layers of the second group.
reusing the group of intermediate object layers by rendering, for a second scene, a second set of 2D view space images by projecting one or more intermediate object layers of the second group.
Claim 12 of the present application differ from claim 1 of the patent application in that claim 12 of the present application is directed to a “non-transitory computer readable medium” where claim 1 of the patent application is directed to a “method.” However, Schmalstieg et al. disclose “…a non-transitory computer readable medium (CRM) (e.g. memories 106, 180) having stored thereon instructions for executing a program (e.g. functions implemented in software), wherein the instructions, when executed by one or more computer processors (e.g. central processing units (CPUs) 104, 124, 152 with graphics processing units (GPUs) 110, 126, 160, 190)(column 15, lines 18 thru column 16, lines 9 notes functions described may be implemented in hardware, software, firmware, or any combination thereof, where if implemented in software, the functions may be stored on or transmitted over as one or more instructions or code on a computer-readable medium (e.g. one or more memories noted above) and executed by a hardware-based processing unit (e.g. one or more CPUs/GPUs noted below)), render three-dimensional (3D) objects in an object space (e.g. rendering graphics primitives as well as characteristics for objects defined by the primitives in “object space,” e.g. images that are not displayable to a user) to two-dimensional (2D) view space images in a view space (e.g. to final images as left-eye and right-eye images that are viewable to the user, e.g. via a left-eye display and right-eye display of a virtual reality of augmented reality headset) …” It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the patent application’s method of rendering three-dimensional (3D) objects in an object space to two-dimensional (2D) view space images in a view space to be implemented as instructions stored in a computer-readable medium as described in Schmalstieg et al.’s such that the system may perform rendering as described, thus yielding predictable results, without changing the scope of the invention.
Present Application #18/936,975 Claim 13
U.S. Patent #12,169,893 Claim 2
The CRM of claim 1, wherein:
The method of claim 1, wherein:
generating the intermediate object layers comprises shading one or more sample images; and
generating the intermediate object layers comprises shading one or more sample images; and
shading the sample images occurs before prior to projecting the intermediate object layers.
shading the sample images occurs before prior to projecting the intermediate object layers.
Present Application #18/936,975 Claim 14
U.S. Patent #12,169,893 Claim 3
The CRM of claim 3, wherein
The method of claim 2, wherein
one or more intermediate object layers comprise local surface properties for a sampling rate.
one or more intermediate object layers comprise local surface properties for a sampling rate.
Present Application #18/936,975 Claim 15
U.S. Patent #12,169,893 Claim 5
The CRM of claim 4, wherein
The method of claim 4, wherein
members of the second group are selected by a scene manager.
members of the second group are selected by a scene manager.
Present Application #18/936,975 Claim 16
U.S. Patent #12,169,893 Claim 4
The CRM claim 1, wherein
The method of claim 1, wherein
members of the second group are selected by a scene manager.
members of the second group are selected by a scene manager.
Present Application #18/936,975 Claim 17
U.S. Patent #12,169,893 Claim 6
The CRM of claim 1, wherein
The method of claim 1, wherein
a first 2D view space image is rendered using multiple members of the second group.
members of the second group are selected by a scene manager.
Present Application #18/936,975 Claim 18
U.S. Patent #12,169,893 Claim 7
The CRM of claim 1, wherein
The method of claim 1, wherein
one or more intermediate object layers comprise local surface properties for a sampling rate.
one or more intermediate object layers comprise local surface properties for a sampling rate.
As to claim 9, Schmalstieg et al. disclose the program comprises instructions for a first graphic processing unit (GPU) and a second (GPU) distinct from the first GPU (e.g. Figure 2, GPU 160 and GPU 190).
Allowable Subject Matter
Claims 2-8 and 12-18 would be allowable if the Double Patenting rejection may be overcome.
Claims 10, 11, 20, and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The present invention relates to a system and method of rendering three-dimensional (3D) objects in an object space to two-dimensional (2D) view space images in a view space.
Prior art includes:
Schmalstieg et al. (US 10,403,032) disclose a system (Figure 1, system 100 and/or Figure 2, system 150) comprising a one or more computer processors (e.g. central processing units (CPUs) 104, 124, 152 with graphics processing units (GPUs) 110, 126, 160, 190), a memory (memories 106, 180), and instructions stored in the memory, wherein the instructions, when executed by the processor (column 15, lines 18-23 notes functions described may be implemented in hardware, software, firmware, or any combination thereof, where if implemented in software, the functions may be stored on or transmitted over as one or more instructions or code on a computer-readable medium (e.g. one or more memories noted above) and executed by a hardware-based processing unit (e.g. one or more CPUs/GPUs noted above)), render three-dimensional (3D) objects in an object space (e.g. rendering graphics primitives as well as characteristics for objects defined by the primitives in “object space,” e.g. images that are not displayable to a user) to two-dimensional (2D) view space images in a view space (e.g. to final images as left-eye and right-eye images that are viewable to the user, e.g. via a left-eye display and right-eye display of a virtual reality of augmented reality headset) by: generating local surface properties for each 3D object (e.g. generating graphics primitives as well as characteristics for objects defined by the primitives (considered graphics data)) from one or more parameter image maps (e.g. from one or more graphics programs)(e.g. step 300, [0021], [0076] notes CPU 104 may execute a computer graphics generating program, such as a video game, ray tracing program, animation program, or the like, where CPU 104 may generate one or more graphics primitives (e.g. vertices, lines, triangles, or the like) as well as characteristics for objects defined by the primitives (e.g. texture images to be applied to the objects, position data defining relative positions of the objects, illumination characteristics, etc.) through generation of this graphics program, and CPU 104 may also define one or more camera positions, generally corresponding to the position of the screen/display at which images rendered from the graphics primitives are to appear, where the generated data may be referred to as graphics data, where [0002] notes objects defined by graphical primitives as three-dimensional (3D) objects); generating, based on the local surface properties (e.g. generating based on the graphics data noted above), one or more intermediate object layers in the object space (e.g. a first image, e.g. left-eye image of a stereoscopic image, as intermediate graphics data including various components for the plurality of graphics objects, in form not viewable to user, thus in “object space”)(e.g. step 302 and 304, [0022] notes CPU 104 may send the generated graphics data to graphics card (which includes GPU 110) for rendering, [0023] notes GPU 110 to then render an image from the graphics data, [0024] notes GPU 110 may perform only a first part of an image rendering process, where the first portion of the image rendering process may include geometry processing stage and rasterization stage of a graphics processing pipeline, and the performance of these stages may result in intermediate graphics data, Figure 2 and associated text further elaborates on process, where the CPU 152 and GPU 160 operates similarly as CPU 104 and GPU 110, respectively, [0058] notes GPU 160 may perform a first portion of an image rendering process, to generate intermediate graphics data, where the first portion of the image rendering process may include geometry processing stage 166 and rasterization stage 168 of graphics processing pipeline 162, the intermediate data may include a shaded color component, depth component, position component, normals component, albedo component, or a specular component for texture and/or depth information for a plurality of objects (e.g. one or more graphics primitives), [0060] notes a GPU render a first image (left-eye image) of a stereoscopic image pair, [0077]); rendering one or more 2D view space images by consuming and projecting the intermediate object layers (e.g. rendering a second image, e.g. right-eye image of the stereoscopic image, by warping (e.g. shading) the first image as intermediate graphics data in form viewable to user and presenting (e.g. “projecting) to the user, e.g. in a virtual reality or augmented reality headset as a full stereoscopic image, e.g. left-eye display and right-eye display, thus in “2D view space”)(e.g. steps 306-318, [0059], [0077], [0078] notes GPU 126/190 receives the intermediate graphics data and buffers the intermediate graphics data in the G-buffer of graphics memory 192, and pixel processing pipeline 194 and texture engine 196 then perform a second portion of the image rendering process to render one or more images from the intermediate graphics data, [0060] notes warping the first image (e.g. left-eye image of the stereoscopic image) to produce a second image (right-eye image of the stereoscopic image) from the first image, [0079] further notes GPU 126 (or GPU 190 noted above) of VR headset 120 may execute one or more shaders, including a final rendering pass, on the intermediate graphics data, the final rendering (or shading) pass may include warping texture data of the intermediate graphics data to form a left-eye image of a stereoscopic image pair and warping the texture data of the intermediate graphics data to form a right-eye image of the stereoscopic image pair, using the depth data of the intermediate graphics data, VR headset 120 may then display the display images of the stereoscopic image pair, e.g. via left-eye display 132 and right-eye display 134);
Ray et al. (US 10,109,039) further disclose surface layers include local surface properties for a sampling rate (Figure 6 and associated text, e.g. column 23, lines 11-35 notes selecting a sample rate to render a portion of a scene at a specific resolution rate or shading rate).
Although the prior art of record discloses certain features of the claimed invention as outlined above, the prior art of record fails to teach or suggest, singly or combined, the limitations of independent claims 2 and 12 as recited as a whole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACINTA M CRAWFORD whose telephone number is (571)270-1539. The examiner can normally be reached 8:30a.m. to 4:30p.m.
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/JACINTA M CRAWFORD/Primary Examiner, Art Unit 2617
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