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 .
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.
Allowable Subject Matter
Claims 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if the claims are 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:
In regards to dependent claim 5, none of the cited prior art alone or in combination provides motivation to teach “wherein in the first acquiring processing, the information on the position and attitude of the imaging apparatus is corrected, based on information on acceleration of the imaging apparatus at a time of displaying the image of the object, and in the second acquiring processing, the information on the parameters, which is associated with the position and attitude of the imaging apparatus corrected in the first acquiring processing, is acquired from the environment map” as the references only teach concepts for mixed reality display in which orientation parameters are determined and compensation for motion is provided, however the references fail to explicitly disclose the specific process of having two independent processing steps that acquire corrected position and attitude parameters in a first step using a camera’s acceleration in conjunction with a second step that obtains data from the corrected parameters of the first step from an environment map of the surrounding environment of the user, in conjunction with the features of claim 1 with which it depends for the purpose of generating an optically consistent mixed reality display.
In addition, there is no teaching, suggestion, or motivation found in the current references and none that can be inferred from the examiner’s own knowledge with respect to the current limitation.
In regards to dependent claims 6 and 7, these claims depend from an objected to base claim, and thus are objected to based on the same rationale as provided above.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claim Rejections - 35 USC § 102
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1, 8-10, 12, and 13 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Ohashi (US 2021/0191124 A1, hereinafter referenced “Ohashi”).
In regards to claim 1. Ohashi discloses an image processing apparatus comprising one or more processors and/or circuitry (Ohashi, Fig. 3) configured to:
-perform a first acquiring processing to acquire information on a position and attitude of an imaging apparatus that captures an image of a real space which is a visual field of a user (Ohashi, para [0039], [0048], and [0049]; Reference at [0039] discloses an orientation sensor 64 detects position information regarding the head mounted display 100 and orientation information such as a rotational angle and an inclination of the head mounted display 100 (i.e. perform a first acquiring processing to acquire information on a position and attitude of an imaging apparatus). Para [0048] discloses a viewpoint/line-of-sight setting section 220 sets a viewpoint location and a line-of-sight direction of the user using the position and orientation information regarding the head mounted display 100. Para [0049] discloses an HDMI transmitting and receiving section 280 receives a video in a real space captured by the camera unit 80 from the head mounted display 100 (i.e. an imaging apparatus that captures an image of a real space which is a visual field of a user));
-perform a second acquiring processing to acquire information on parameters on image processing, with the parameters being associated with the position and attitude of the imaging apparatus, from an environment map in which a captured image, information on the position and attitude, and information on the parameters on image processing are associated with each other (Ohashi, para [0069] and [0071]; Reference at [0069] discloses an orientation estimation section 81 estimates orientation information (position and rotation) regarding the head mounted display 100 from feature points of an image captured by the camera unit 80. A transmitting and receiving section 92 transmits the orientation information estimated by the orientation estimation section 81 to the image generation apparatus 200. Para [0071] discloses a reprojection section 84 performs the reprojection processing on the camera image on the basis of the latest position and the latest orientation information regarding the head mounted display 100 detected by the orientation estimation section 81 or the orientation sensor 64, and converts the camera image into an image viewed from the latest viewpoint location and the latest line-of-sight direction of the head mounted display 100. The re-projection of original camera image to latest line-of-sight image with respect to orientation estimation processing interpreted as the second acquiring processing for parameters associated with position and attitude, the features used from the image being the environment map, and the bases of re-projection of new image based on first being the “association with each other”);
-and perform a generation processing to generate an image of an object to be displayed in the real space, based on the information on the position and attitude of the imaging apparatus acquired in the first acquiring processing, and the information on the parameters acquired in the second acquiring processing (Ohashi, para [0073]; Reference discloses an AR superimposition section 88 generates an augmented reality image by superimposing a CG image with alpha generated by the image generation apparatus 200 on the distortion-processed camera image, and supplies the augmented reality image to the control section 10 (i.e. CG image superimposed on distortion-processed image (interpreted as containing position and attitude from first and second processing steps) is overall interpreted as the generated image of object to be displayed in real space based on position and first and second acquiring processing),
-wherein in the first acquiring processing, the position and attitude of the imaging apparatus is estimated from a captured image of the real space, by using the environment map (Ohashi, para [0069]; Reference at [0069] discloses an orientation estimation section 81 estimates orientation information (position and rotation) regarding the head mounted display 100 from feature points of an image captured by the camera unit 80 ).
In regards to claim 8. Ohashi discloses the image processing apparatus according to claim 1.
Ohashi further discloses
-wherein the one or more processors and/or the circuitry is further configured to perform a display control processing to perform control so that a combined image, in which the captured image of the real space and the image of the object are combined, is displayed (Ohashi, para [0073]; Reference discloses an AR superimposition section 88 generates an augmented reality image by superimposing a CG image with alpha generated by the image generation apparatus 200 on the distortion-processed camera image, and supplies the augmented reality image to the control section 10).
In regards to claim 9. Ohashi discloses the image processing apparatus according to claim 1.
Ohashi further discloses
-wherein the one or more processors and/or the circuitry is further configured to perform a display control processing to perform control so that the image of the object is displayed in the real space (Ohashi, para [0074]; Reference discloses the transmitting and receiving section 92 receives depth information regarding the camera image from the control section 10, and transmits the depth information to the image generation apparatus 200. The transmitting and receiving section 92 receives an image including the depth information and generated by the image generation apparatus 200 from the image generation apparatus 200, and supplies the image to the control section 10).
In regards to claim 10. Ohashi discloses the image processing apparatus according to claim 1.
Ohashi further discloses
-wherein the information on the parameters includes at least any of an exposure correction value, a white balance correction value, a gamma correction value, a noise reduction value, and an edge-enhancement value (Ohashi, para [0070]; Reference discloses an image signal processing section 82 performs image processing such as RGB conversion (demosaic processing), white balance, color correction, and noise reduction on a Raw image captured by the camera unit 80, and further performs distortion correction processing for eliminating a distortion or the like caused by the optical system of the camera unit 80).
In regards to claim 12. Ohashi discloses a control method of an image processing apparatus (Ohashi, Abstract), the control method comprising:
-a first acquiring step of acquiring information on a position and attitude of an imaging apparatus that captures an image of a real space which is a visual field of a user (Ohashi, para [0039], [0048], and [0049]; Reference at [0039] discloses an orientation sensor 64 detects position information regarding the head mounted display 100 and orientation information such as a rotational angle and an inclination of the head mounted display 100 (i.e. perform a first acquiring processing to acquire information on a position and attitude of an imaging apparatus). Para [0048] discloses a viewpoint/line-of-sight setting section 220 sets a viewpoint location and a line-of-sight direction of the user using the position and orientation information regarding the head mounted display 100. Para [0049] discloses an HDMI transmitting and receiving section 280 receives a video in a real space captured by the camera unit 80 from the head mounted display 100 (i.e. an imaging apparatus that captures an image of a real space which is a visual field of a user));
-a second acquiring step of acquiring information on parameters on image processing, with the parameters being associated with the position and attitude of the imaging apparatus, from an environment map in which a captured image, information on the position and attitude, and information on the parameters on image processing are associated with each other (Ohashi, para [0069] and [0071]; Reference at [0069] discloses an orientation estimation section 81 estimates orientation information (position and rotation) regarding the head mounted display 100 from feature points of an image captured by the camera unit 80. A transmitting and receiving section 92 transmits the orientation information estimated by the orientation estimation section 81 to the image generation apparatus 200. Para [0071] discloses a reprojection section 84 performs the reprojection processing on the camera image on the basis of the latest position and the latest orientation information regarding the head mounted display 100 detected by the orientation estimation section 81 or the orientation sensor 64, and converts the camera image into an image viewed from the latest viewpoint location and the latest line-of-sight direction of the head mounted display 100. The re-projection of original camera image to latest line-of-sight image with respect to orientation estimation processing interpreted as the second acquiring processing for parameters associated with position and attitude, the features used from the image being the environment map, and the bases of re-projection of new image based on first being the “association with each other”);
-and a generation step of generating an image of an object to be displayed in the real space, based on the information on the position and attitude of the imaging apparatus acquired in the first acquiring step, and the information on the parameters acquired in the second acquiring step (Ohashi, para [0073]; Reference discloses An AR superimposition section 88 generates an augmented reality image by superimposing a CG image with alpha generated by the image generation apparatus 200 on the distortion-processed camera image, and supplies the augmented reality image to the control section 10 (i.e. CG image superimposed on distortion-processed image (interpreted as containing position and attitude from first and second acquiring steps) is overall interpreted as the generated image of object to be displayed in real space based on position and first and second acquiring processing),
-wherein in the first acquiring step, the position and attitude of the imaging apparatus is estimated from a captured image of the real space, by using the environment map (Ohashi, para [0069]; Reference at [0069] discloses an orientation estimation section 81 estimates orientation information (position and rotation) regarding the head mounted display 100 from feature points of an image captured by the camera unit 80).
In regards to claim 13, Ohashi discloses a non-transitory computer-readable medium storing a program, wherein the program causes a computer to execute the control method (Ohashi, para [0014]) comprising:
-a first acquiring step of acquiring information on a position and attitude of an imaging apparatus that captures an image of a real space which is a visual field of a user (Ohashi, para [0039], [0048], and [0049]; Reference at [0039] discloses an orientation sensor 64 detects position information regarding the head mounted display 100 and orientation information such as a rotational angle and an inclination of the head mounted display 100 (i.e. perform a first acquiring processing to acquire information on a position and attitude of an imaging apparatus). Para [0048] discloses a viewpoint/line-of-sight setting section 220 sets a viewpoint location and a line-of-sight direction of the user using the position and orientation information regarding the head mounted display 100. Para [0049] discloses an HDMI transmitting and receiving section 280 receives a video in a real space captured by the camera unit 80 from the head mounted display 100 (i.e. an imaging apparatus that captures an image of a real space which is a visual field of a user));
-a second acquiring step of acquiring information on parameters on image processing, with the parameters being associated with the position and attitude of the imaging apparatus, from an environment map in which a captured image, information on the position and attitude, and information on the parameters on image processing are associated with each other (Ohashi, para [0069] and [0071]; Reference at [0069] discloses an orientation estimation section 81 estimates orientation information (position and rotation) regarding the head mounted display 100 from feature points of an image captured by the camera unit 80. A transmitting and receiving section 92 transmits the orientation information estimated by the orientation estimation section 81 to the image generation apparatus 200. Para [0071] discloses a reprojection section 84 performs the reprojection processing on the camera image on the basis of the latest position and the latest orientation information regarding the head mounted display 100 detected by the orientation estimation section 81 or the orientation sensor 64, and converts the camera image into an image viewed from the latest viewpoint location and the latest line-of-sight direction of the head mounted display 100. The re-projection of original camera image to latest line-of-sight image with respect to orientation estimation processing interested as the second acquiring processing for parameters associated with position and attitude, the features used from the image being the environment map, and the bases of re-projection of new image based on first being the “association with each other”);
-and a generation step of generating an image of an object to be displayed in the real space, based on the information on the position and attitude of the imaging apparatus acquired in the first acquiring step, and the information on the parameters acquired in the second acquiring step (Ohashi, para [0069] and [0071]; Reference at [0069] discloses an orientation estimation section 81 estimates orientation information (position and rotation) regarding the head mounted display 100 from feature points of an image captured by the camera unit 80. A transmitting and receiving section 92 transmits the orientation information estimated by the orientation estimation section 81 to the image generation apparatus 200. Para [0071] discloses a reprojection section 84 performs the reprojection processing on the camera image on the basis of the latest position and the latest orientation information regarding the head mounted display 100 detected by the orientation estimation section 81 or the orientation sensor 64, and converts the camera image into an image viewed from the latest viewpoint location and the latest line-of-sight direction of the head mounted display 100. The re-projection of original camera image to latest line-of-sight image with respect to orientation estimation processing interpreted as the second acquiring processing for parameters associated with position and attitude, the features used from the image being the environment map, and the bases of re-projection of new image based on first being the “association with each other”),
-wherein in the first acquiring step, the position and attitude of the imaging apparatus is estimated from a captured image of the real space, by using the environment (Ohashi, para [0069]; Reference at [0069] discloses an orientation estimation section 81 estimates orientation information (position and rotation) regarding the head mounted display 100 from feature points of an image captured by the camera unit 80).
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 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi (US 2021/0191124 A1) in view of Jouet (US 2018/0075660 A1, hereinafter referenced “Jouet”).
In regards to claim 2. Ohashi discloses the image processing apparatus according to claim 1.
Ohashi further discloses
-wherein in the first acquiring processing, the position and attitude of the imaging apparatus at a time of displaying an image of the object is predicted based on the information on the position and attitude of the imaging apparatus, Ohashi, para [0069] and [0071]; Reference at [0069] discloses an orientation estimation section 81 estimates orientation information (position and rotation) regarding the head mounted display 100 from feature points of an image captured by the camera unit 80. A transmitting and receiving section 92 transmits the orientation information estimated by the orientation estimation section 81 to the image generation apparatus 200),
-and in the second acquiring processing, the information on the parameters, which is associated with the position and attitude of the imaging apparatus predicted in the first acquiring processing, is acquired from the environment map (Ohashi, para [0069] and [0071]; Reference at [0069] discloses an orientation estimation section 81 estimates orientation information (position and rotation) regarding the head mounted display 100 from feature points of an image captured by the camera unit 80).
Ohashi does not explicitly disclose but Jouet teaches
-(time of displaying object) acceleration of imaging apparatus (Jouet, para [0056]; Reference discloses according to a particular embodiment, the device 1 comprises an Inertial Measurement Unit (IMU), using a combination of accelerometers and gyroscopes for measuring and reporting at least angular rates of the device 1. The motion of the device 1 is obtained from data generated by the embedded IMU of the device 1, as for example the device 1 moves from the initial pose 21 to the current pose 22).
Ohashi and Jouet are combinable because they are in the same field of endeavor regarding virtual object processing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the HMD display system of Ohashi to include the virtual object blurring features of Jouet in order to provide the user with a system that allows for use of a system for rendering an object in a virtual space to generate a computer graphics image to be superimposed in real space as taught by Ohashi, while incorporating the virtual object blurring features of Jouet for use of techniques for blurring a virtual object in real time when a video is acquired for the subsequent purpose of motion estimation to improve realism for application in augmented reality, applicable to HMD mixed reality rendering systems such as those taught in Ohashi.
In regards to claim 3. Ohashi in view of Jouet teach the image processing apparatus according to claim 2.
Ohashi further discloses
-wherein the one or more processors and/or the circuitry is further configured to perform an update processing to update, in a case where the information on the parameters, which was acquired from the environment map in the second acquiring processing, is different from the information on the parameters which the imaging apparatus determined for the real space at a time of displaying the image of the object, the information on the parameters of the environment map, based on the information on the parameters which the imaging apparatus determined (Ohashi, para [0071]; Reference discloses a reprojection section 84 performs the reprojection processing on the camera image on the basis of the latest position and the latest orientation information regarding the head mounted display 100 detected by the orientation estimation section 81 or the orientation sensor 64, and converts the camera image into an image viewed from the latest viewpoint location and the latest line-of-sight direction of the head mounted display 100 (i.e. reprojection between positions and orientation to latest ones interpreted as concept of updating the parameter information when they become different based on the environment map).
In regards to claim 4. Ohashi in view of Jouet teach the image processing apparatus according to claim 2.
Ohashi further discloses
-wherein in the generation processing, in a case where the information on the parameters, which was acquired from the environment map in the second acquiring processing, is different from the information on the parameters which the imaging apparatus determined for the real space at a time of displaying the image of the object, the image of the object is generated, based on the position and attitude of the imaging apparatus predicted in the first acquiring processing and the information on the parameters determined by the imaging apparatus (Ohashi, para [0071]; Reference discloses a reprojection section 84 performs the reprojection processing on the camera image on the basis of the latest position and the latest orientation information regarding the head mounted display 100 detected by the orientation estimation section 81 or the orientation sensor 64, and converts the camera image into an image viewed from the latest viewpoint location and the latest line-of-sight direction of the head mounted display 100. Para [0073] discloses an AR superimposition section 88 generates an augmented reality image by superimposing a CG image with alpha generated by the image generation apparatus 200 on the distortion-processed camera image (i.e. reprojection between positions and orientation to latest ones and generating CG object interpreted as the image of the object is generated, based on the position and attitude of the imaging apparatus predicted in the first acquiring processing and the information on the parameters determined by the imaging apparatus).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ohashi (US 2021/0191124 A1) in view of Tomite (US 2018/0075660 A1, hereinafter referenced “Tomite”).
In regards to claim 11. Ohashi discloses the image processing apparatus according to claim 1.
Ohashi does not explicitly disclose but Tomite teaches
-wherein the information on the parameters includes information on a light source in the real space (Tomite, para [0132]; Reference discloses as described above, one embodiment of the present invention can provide a method for combining a real space image 205 with a virtual image including: inputting an image of a real space captured by an imaging unit 112 (step S502); generating an image covering a predetermined space based on a plurality of real images in the real space inputted in the inputting step (step S503); extracting position information of a light source based on the generated image (step S504)).
Ohashi and Tomite are combinable because they are in the same field of endeavor regarding virtual object processing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the HMD display system of Ohashi to include the real and virtual image combining features of Tomite in order to provide the user with a system that allows for use of a system for rendering an object in a virtual space to generate a computer graphics image to be superimposed in real space as taught by Ohashi, while incorporating include the real and virtual image combining features of Tomite for use of techniques for generating an image covering a predetermined space based on a plurality of real images in the captured real space, extracting position information of a light source based on the generated image for improving the optical consistency in mixed reality applications, applicable to HMD mixed reality rendering systems such as those taught in Ohashi.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See the Notice of References Cited (PTO-892)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL M ROBINSON whose telephone number is (571)270-3526. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KENT CHANG can be reached at 571-272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERRELL M ROBINSON/Primary Examiner, Art Unit 2614
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