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 .
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US12203872B2. Although the claims at issue are not identical, they are not patentably distinct from each other because this application is a continuation of 17/351,124 and this application claims with more words but in a broader manner the invention concisely claimed in 17/351,124.
The claims map to each other as follows:
Instant Application
U.S. Patent No. US12203872B2
Claim 1
A method comprising:
capturing a first plurality of images of a vehicle using a first camera having a first focal length and a first zoom level, the first plurality of images being captured from a first plurality of viewpoints with respect to the vehicle, wherein the first plurality of images are captured using a first image capture configuration associated with first parameter information;
capturing a second plurality of images of the vehicle using a second camera having a second focal length different from the first focal length and a second zoom level different from the first zoom level, the second plurality of images being captured from a second plurality of viewpoints with respect to the vehicle, wherein the second plurality of images are captured using a second image capture configuration associated with second parameter information; and
generating a user navigable representation of the vehicle by combining the first plurality of images and the second plurality of images into a third plurality of images, the third plurality of images being positioned in a virtual space, wherein the user navigable representation is navigable in two or more dimensions.
Claim 1
A method comprising:
capturing a first plurality of images of an object using a first camera having a first focal length at a computing device, each of the first plurality of images being captured from a respective viewpoint with respect to the object, each of the first plurality of images being captured based on a first image capture configuration identifying a first one or more parameter values, wherein the first one or more parameter values includes a first optical zoom level, a first focal length, and a desired multiview image digital media representation (MVIDMR) spanning angle range for the object;
capturing a second plurality of images of an object using a second camera at the computing device, the second camera having a second focal length different from the first focal length, each of the second plurality of images being captured from a respective viewpoint with respect to the object, each of the second plurality of images being captured based on a second image capture configuration identifying a second one or more parameter values, wherein the second one or more parameter values includes a second optical zoom level and a second focal length, wherein the first optical zoom level and the second optical zoom level are different and the first focal length and the second focal length are different; and
generating the MVIDMR of the object, the MVIDMR including a third plurality of images, the third plurality of images including some or all of the first and second pluralities of images, each of the third plurality of images being positioned in a virtual space, the third plurality of images being navigable in two or more dimensions.
Claim 2
The method of claim 1, wherein the user navigable representation of the vehicle is a multi-view image digital media representation of the vehicle.
Claim 1
a desired multiview image digital media representation (MVIDMR) … plurality of images being navigable
Claim 3
The method of claim 1, wherein the first parameter information is a multi-view image digital media representation (MVIDMR) spanning angle range.
Claim 1
multiview image digital media representation (MVIDMR) spanning angle range for the object;
Claim 4
The method of claim 1, wherein the second parameter information is a multi-view image digital media representation (MVIDMR) spanning angle range.
Claim 5
The method of claim 1, wherein the first plurality of images is captured with first recording guidance provided on a first display screen associated with the first camera.
Claim 2
The method recited in claim 1, wherein capturing the first plurality of images involves providing recording guidance on a display screen, the recording guidance providing an indication as to a targeted position for the computing device for capturing one or more of the first plurality of images.
Claim 6
The method of claim 5, wherein the first recording guidance provides a first indication as to a first targeted position and rotation for the first camera.
Claim 2 The method recited in claim 1, wherein capturing the first plurality of images involves providing recording guidance on a display screen, the recording guidance providing an indication as to a targeted position for the computing device for capturing one or more of the first plurality of images.
Claim 7 The method recited in claim 1, wherein navigating in a second one of the dimensions involves rotating a point of view around the object in the virtual space.
Claim 7
The method of claim 6, wherein the first targeted position includes a first desired distance to the vehicle.
Claim 3
a distance from the computing device to the object, a location of the object
Claim 8
The method of claim 6, wherein the first targeted position corresponds to an orientation of the vehicle on the first display screen.
Claim 3
… an orientation of the object on the display screen
Claim 9
The method of claim 6, wherein the first targeted position identifies a location of the vehicle on the first display screen.
Claim 2
guidance on a display screen, the recording guidance providing an indication as to a targeted position for the computing device
Claim 10
The method of claim 1, wherein the user navigable representation is navigable by rotation along two different axes.
Claim 7
The method recited in claim 1, wherein navigating in a second one of the dimensions involves rotating a point of view around the object in the virtual space.
Claim 11
The method of claim 1, wherein the third plurality of images is positioned in the virtual space based on motion data associated with an inertial measurement unit of the first camera.
Claim 10
The method recited in claim 1, wherein each of the third plurality of images is positioned in the virtual space based at least in part on motion data captured from an inertial measurement unit at the computing device.
Claim 12
The method of claim 1, wherein a correspondence between the first plurality of images and the second plurality of images is identified, the correspondence linking a first image from the first plurality of images with a second image from the second plurality of images, the first image and the second image being captured from a corresponding viewpoint.
Claim 13
The method recited in claim 1, the method further comprising:
identifying a correspondence between the first plurality of images and the second plurality of images, the correspondence linking a first image from the first plurality of images with a second image from the second plurality of images, the first and second images being captured from a corresponding viewpoint.
Claim 13
Claim 14
Claim 14
Claim 14
Claim 15
Claim 14
Claim 16
Claim 14
Claim 17
Claim 15
Claim 18
Claim 18
Claim 19
Claim 16
Claim 20
Claim 20
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US 20180260793 A1) in view of May et al (US 20060187338 A1).
Regarding claim 1, Li discloses a method (Li [0005]) comprising:
capturing a first plurality of images of a vehicle using a first camera, the first plurality of images being captured from a first plurality of viewpoints with respect to the vehicle, wherein the first plurality of images are captured using a first image capture configuration associated with first parameter information (Li [0247], “the images received can be taken from many possible angles and distances (one or more parameter values) with respect to the car of interest (images from many possible angles and distances comprises and reads on capturing a first plurality of images of a vehicle using a first camera at a computing device, each of the first plurality of images being captured from a respective viewpoint with respect to the object; possible angles and distances reads on parameter values)”; also see fig. 38, “Left Front Fender” images, as an example of a first plurality of images);
capturing a second plurality of images of the vehicle using a second camera, the second plurality of images being captured from a second plurality of viewpoints with respect to the vehicle, wherein the second plurality of images are captured using a second image capture configuration associated with second parameter information (Li [0247], “the images received can be taken from many possible angles and distances (one or more parameter values) with respect to the car of interest (images from many possible angles and distances comprises and reads on capturing a second plurality of images of an object using a second camera at the computing device, each of the second plurality of images being captured from a respective viewpoint with respect to the object; possible angles and distances reads on a second set of parameter values)”; also see fig. 38, “Trunk” images as an example of a second plurality of images); and
generating a user navigable representation of the vehicle by combining the first plurality of images and the second plurality of images into a third plurality of images, the third plurality of images being positioned in a virtual space, wherein the user navigable representation is navigable in two or more dimensions (Li [0164], “project the images (some or all of the first and second pluralities of images) onto the 3D model of the vehicle using the camera angles determined during the alignment process. The 3D model (comprising a third plurality of images) then shows the damage to the vehicle in an integrated manner (generated multiview image digital media representation of the object, including a third plurality of images) … The adjustor can rotate and zoon in on the 3D model as desired (a virtual space wherein an adjustor can navigate the of the object).”).
Li does not disclose (missing features highlighted)
a first camera having a first focal length and a first zoom level
a second camera having a second focal length different from the first focal length and a second zoom level different from the first zoom level.
However, May discloses (missing features highlighted)
a first camera having a first focal length and a first zoom level (May fig. 4, figs. 10A-C; [0018], “a first image sensor for generating a first sensor output, a first fixed focal length”; [0107], “a first zoom range 500 providing a 38 mm-114 mm equiv. zoom (comprising a first optical zoom level) lens range (a first one or more parameter values wherein the first one or more parameter values includes a first optical zoom level) … Such an arrangement may be provided by the digital camera 10B (a computing device) shown in FIG. 4.”)
a second camera having a second focal length different from the first focal length and a second zoom level different from the first zoom level (May [0018], “a second image sensor for generating a second sensor output; a second fixed focal length telephoto (first and second focal lengths are different – see for example fig. 10A and paragraph [0063])”; [0107], “a second zoom range 502 providing a 133 mm-380 mm equiv. zoom (comprising a second optical zoom level) lens range (the second one or more parameter values includes a second optical zoom level, wherein the first optical zoom level and the second optical zoom level are different) Such an arrangement may be provided by the digital camera 10B shown in FIG. 4 (the computing device).”)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Li with May to incorporate multiple camera lenses that provide multiple zoom levels and focal lengths. This would have been done to provide an extended zoom and focal range that would enable users to capture multiple pictures in different perspectives as required.
Regarding claim 2, Li in view of May discloses the method of claim 1, wherein the user navigable representation of the vehicle is a multi-view image digital media representation of the vehicle (Li [0164], “project the images onto the 3D model of the vehicle using the camera angles determined during the alignment process. The 3D model (comprising a third plurality of images) then shows the damage to the vehicle in an integrated manner (generated multiview image digital media representation (MVIDMR) of the object, including a third plurality of images) … The adjustor can rotate and zoon in on the 3D model as desired (an adjustor to navigate the multi-view image of the vehicle).”).
Regarding claim 3, Li in view of May discloses the method of claim 1, wherein the first parameter information is a multi-view image digital media representation (MVIDMR) spanning angle range (Li [0290], “four parameters: the distance to camera center, elevation angle (exemplary first parameter spanning angle) ...”; [0292], “elevation=[0-20 degree] (exemplary first spanning angle range)”).
Regarding claim 4, Li in view of May discloses the method of claim 1, wherein the second parameter information is a multi-view image digital media representation (MVIDMR) spanning angle range (Li [0290], “four parameters: the distance to camera center, elevation angle, azimuth angle (exemplary second parameter spanning angle) ...”; [0293] azimuth=[0-360 degree] (exemplary second spanning angle range)”).
Regarding claim 5, Li in view of May discloses the method of claim 1, wherein the first plurality of images is captured with first recording guidance provided on a first display screen associated with the first camera (Li [0082], “vehicle claims application 218 guide a user of the client device 104 as to which views should be captured (first guidance, on a display screen)”).
Regarding claim 6, Li in view of May discloses the method of claim 5, wherein the first recording guidance provides a first indication as to a first targeted position (Li [0082], “vehicle claims application 218 guide a user of the client device 104 as to which views should be captured (guidance, on a display screen, providing an indication as to a targeted position for the computing device for capturing one or more of the first plurality of images)”) and rotation for the first camera (Li [0092], “an outline of the vehicle or the part whose image is intended to be taken is placed within the camera view (guidance for aligning that includes rotation guidance) for the image taker to align the image to”; [0164], “camera angles determined during the alignment process. The 3D model then shows the damage to the vehicle in an integrated manner. The adjustor can rotate (rotation guidance provided during alignment)”).
Regarding claim 7, Li in view of May discloses the method of claim 6, wherein the first targeted position includes a first desired distance to the vehicle(Li [0247], “the images received can be taken from many possible angles and distances (comprising a first distance)”).
Regarding claim 8, Li in view of May discloses the method of claim 6, wherein the first targeted position corresponds to an orientation of the vehicle on the first display screen (Li [0124], “vehicle type that is taken from the same camera position and orientation as the damaged vehicle image (an orientation of the vehicle on the first display screen)”).
Regarding claim 9, Li in view of May discloses the method of claim 6, wherein the first targeted position identifies a location of the vehicle on the first display screen (Li fig. 19C; [0159], “In FIG. 19C, an outline 1902 is displayed for the hood of the vehicle superimposed on a live camera view from the client device. The user can then position the camera of the client device so that the hood of the car aligns with the outline 1902 (targeted position consists of a location of the object on the display screen).”)..
Regarding claim 10, Li in view of May discloses the method of claim 1, wherein the user navigable representation is navigable by rotation along two different axes (Li [0164], “The adjustor can rotate … the 3D model as desired (navigable by 3D rotation along two different axes).”).
Regarding claim 11, Li in view of May discloses the method of claim 1, wherein the third plurality of images is positioned in the virtual space based on motion data associated with an inertial measurement unit of the first camera (Li [0059], “where a mobile phone is used to collect the images, information about … accelerometer (inertial measurement unit of the first camera)”; Li [0164], “The adjustor can rotate … the 3D model (in a virtual space) as desired”).
Regarding claim 12, Li in view of May discloses the method of claim 1, wherein a correspondence between the first plurality of images and the second plurality of images is identified, the correspondence linking a first image from the first plurality of images with a second image from the second plurality of images, the first image and the second image being captured from a corresponding viewpoint (Li fig. 25; [0194], “claims data (comprising first and second plurality of images – see fig. 25 - 2502) is also passed to a vehicle pose classification engine 2504”; [0195], “The vehicle pose classification engine 2504 uses a CNN to first predict the pose of the vehicle … 8 categories may correspond to the eight (8) non-overlapping 45-degree sectors around the vehicle, i.e., front, left front corner, left side, back front corner, back, back right corner, right side, and right front sector (correspondences linking first and second images, fig. 25, 2502; image captured from corresponding viewpoints are linked to generate a pose of the vehicle.).”).
Claim 13 recites a system which corresponds to the function performed by the method of claim 1. As such, the mapping and rejection of claim 1 above is considered applicable to the system of claim 13.
Additionally, Li discloses a system (Li [0055]).
Claim 14 recites a system which corresponds to the function performed by the method of claim 2. As such, the mapping and rejection of claim 2 above is considered applicable to the system of claim 14.
Claim 15 recites a system which corresponds to the function performed by the method of claim 3. As such, the mapping and rejection of claim 3 above is considered applicable to the system of claim 15.
Claim 16 recites a system which corresponds to the function performed by the method of claim 4. As such, the mapping and rejection of claim 4 above is considered applicable to the system of claim 16.
Claim 17 recites a system which corresponds to the function performed by the method of claim 5. As such, the mapping and rejection of claim 5 above is considered applicable to the system of claim 17.
Claim 18 recites a system which corresponds to the function performed by the method of claim 6. As such, the mapping and rejection of claim 6 above is considered applicable to the system of claim 18.
Claim 19 recites a system which corresponds to the function performed by the method of claim 7. As such, the mapping and rejection of claim 7 above is considered applicable to the system of claim 19.
Claim 20 recites one or more non-transitory computer readable media which corresponds to the function performed by the method of claim 1. As such, the mapping and rejection of claim 1 above is considered applicable to the non-transitory computer readable media of claim 20.
Additionally, Li discloses
One or more non-transitory computer readable media having instructions stored (Li [0075], “processor 202 is configured to implement functionality and/or process instructions for execution within client device 104. For example, processor 202 executes instructions stored in memory 204 or instructions stored on a storage device 208.”).
Conclusion
See the notice of references cited (PTO-892) for prior art made of record, including art that is not relied upon but considered pertinent to applicant's disclosure.
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/JITESH PATEL/Primary Examiner, Art Unit 2612
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