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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/23/2026 has been entered.
Response to Arguments
Applicant’s arguments filed 04/23/2026 have been considered but they are not persuasive.
On page 10, Applicant argues that,
[…]
Applicant submits that independent Claims 6 and 8-11 include similar amendments or features. As such, the below analysis will also apply to independent Claims 6 and 8-11. Applicant further submits Claims1, 6, and 8-11 have been amended to include the features of Claim 12-13 which the Examiner has indicated as allowable subject matter. As such, Claims 1-4, 6-11, and 14 are allowable.
[…]
(emphasis added)
In response, Examiner respectfully disagrees and submits that previously presented claims 12-13 were rejected on pages 8-14 in the Office Action 01/27/2026. Claims 12-13 were also objected for being duplicate claims of claims 1 and 6 respectively (previously presented claim 1 and previously presented claim 12 are exactly the same in wording; and previously presented claim 6 and previously presented claim 13 are exactly the same in wording). In other words, claims 12-13 are objected not for containing allowable subject matter.
As such, claims 1-4 and 6-11 stand rejected.
Claim 14 is also newly rejected as described in details below.
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, 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, 4, 6-11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Boesel et al. (US 2023/0092282 A1 – hereinafter Boesel) and Ki et al. (US 2014/0240452 A1 – hereinafter Ki).
Regarding claim 1, Boesel discloses a display controlling apparatus (Figs. 9A-9E – apparatus 101) comprising: one or more memories storing instructions ([0074] – memory 320 storing program instructions); and one or more processors executing the instructions (Fig. 3; [0042]; [0070] – a processor) to: acquire information indicating a position of a first virtual camera corresponding to a first virtual viewpoint image ([0221] – acquiring information indicating a first location of the view point of a first virtual camera in order to determine scaling the size of the object) generated based on a plurality of captured images obtained by a plurality of imaging apparatuses ([0073]; [0102]; [0109] – based on a plurality of captured images obtained by a plurality of cameras, e.g. RGB cameras), and information indicating a position of an observed point corresponding to the first virtual camera ([0190]-[00193] – acquiring information indicating a location of an observed point where the object is located according to user’s control), wherein the observed point is located on an optical axis of the first virtual camera and is used to assist operation of the first virtual camera (Fig. 9A – applicable to any object including an object located on an optical axis of the first virtual camera, i.e. on an axis at the center of the screen and perpendicular the screen plane at the first view point, the user can use the location of an observed object to operate the first virtual camera, i.e. at least to control the location of objects); and determine a size of an object indicating the observed point, based on a distance from the position of the first virtual camera to the position of the observed point ([0092]-[0093]; [0221] – determining a size of an object indicating the observed point so that as the object moves further away from the virtual view point, i.e. the distance gets longer, the size of the object is increased); and perform control of displaying a second virtual viewpoint image corresponding to a second virtual camera, the second virtual viewpoint image including the object indicating the observed point having the determined size, and an object indicating the first virtual camera ([0092]-[0093]; [0221]; Figs. 9A, 9D – displaying a second virtual viewpoint image including the object with increased size accordingly at a second virtual viewpoint), wherein the determining determines a size of an object indicating the observed point in a case where the distance from the position of the first virtual camera to the position of the observed point is a second distance longer than a first distance, to be larger than a size of an object indicating the observed point in a case where the distance from the position of the first virtual camera to the position of the observed point is the first distance ([0092]-[0093]; [0221] – determining a size of an object indicating the observed point so that as the object moves further away from the virtual view point, i.e. the distance gets longer, the size of the object is increased).
However, Boesel does not disclose the one or more processors executing the instructions to: determine, based on the information indicating the position of the first virtual camera and the information indicating the position of the observed point, a position of a second virtual camera that is located at a predetermined distance from the position of the first virtual camera in a direction away from the observed point relative to the first virtual camera, such that as a distance from the position of the first virtual camera to the position of the observed point increases, a distance from the position of the second virtual camera to the position of the observed point also increases.
Ki discloses one or more processors executing the instructions to: determine, based on information indicating a position of a first virtual camera and information indicating a position of an observed point, a position of a second virtual camera that is located at a predetermined distance from the position of the first virtual camera in a direction away from the observed point relative to the first virtual camera, such that as a distance from the position of the first virtual camera to the position of the observed point increases, a distance from the position of the second virtual camera to the position of the observed point also increases ([0060]; [0065]; Fig. 5(a)-(c) – determining a virtual location of a user when the user zooms out based on a zooming out factor, i.e. using the zooming out factor to derive the zoomed-out virtual location from the current virtual location and the depth value of the object, i.e. the distance from information indicating a position of an observed point).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Ki into the display controlling apparatus taught by Boesel to create an effect of a realistic sense for the user to experience.
Regarding claim 4, Boesel also discloses the display controlling apparatus according to claim 1, wherein the object indicating the first virtual camera and the object indicating the observed point are three- dimensional models ([0206] - a three-dimensional virtual object such as a three-dimensional model of a car, a three-dimensional model of an alarm clock).
Regarding claim 6, Boesel discloses a display controlling apparatus comprising: one or more memories storing instructions ([0074] – memory 320 storing program instructions); and one or more processors executing the instructions (Fig. 3; [0042]; [0070] – a processor) to: acquire information indicating a position of a first virtual camera corresponding to a first virtual camera image ([0221] – acquiring information indicating a first location of the view point in order to determine scaling the size of the object) generated based on a plurality of captured images obtained by a plurality of imaging apparatuses ([0073]; [0102]; [0109] – based on a plurality of captured images obtained by a plurality of cameras, e.g. RGB cameras), and acquire information indicating a position of an observed point corresponding to the first virtual camera ([0190]-[00193] – acquiring information indicating a location of an observed point where the object is located according to user’s control), wherein the observed point is located on an optical axis of the first virtual camera and is used to assist operation of the first virtual camera (Fig. 9A – applicable to any object including an object located on an optical axis of the first virtual camera, i.e. on an axis at the center of the screen and perpendicular the screen plane, the user can use the location of an observed object to operate the first virtual camera, i.e. at least to control the location of objects); and determine a size of an object indicating the observed point, based on a distance from the position of a second virtual camera to the position of the observed point ([0092]-[0093]; [0221] – determining a size of an object indicating the observed point so that as the object moves further away from the virtual view point, i.e. the distance gets longer, the size of the object is increased), and perform control of displaying a second virtual camera image corresponding to the second virtual camera, the second virtual camera image including the object indicating the observed point having the determined size, and an object indicating the first virtual camera ([0092]-[0093]; [0221]; Figs. 9A, 9D – the object with increased size is displayed accordingly), wherein the determining determines a size of an object indicating the observed point in a case where the distance from the position of the second virtual camera to the position of the observed point is a second distance longer than a first distance, to be larger than a size of an object indicating the observed point in a case where the distance from the position of the second virtual camera to the position of the observed point is the first distance ([0092]-[0093]; [0221] – determining a size of an object indicating the observed point so that as the object moves further away from the virtual view point, i.e. the distance gets longer, the size of the object is increased).
However, Boesel does not disclose the one or more processors executing the instructions to: determine, based on the information indicating the position of the first virtual camera and the information indicating the position of the observed point, a position of a second virtual camera that is located at a predetermined distance from the position of the first virtual camera in a direction away from the observed point relative to the first virtual camera, such that as a distance from the position of the first virtual camera to the position of the observed point increases, a distance from the position of the second virtual camera to the position of the observed point also increases.
Ki discloses one or more processors executing the instructions to: determine, based on information indicating a position of a first virtual camera and information indicating a position of an observed point, a position of a second virtual camera that is located at a predetermined distance from the position of the first virtual camera in a direction away from the observed point relative to the first virtual camera, such that as a distance from the position of the first virtual camera to the position of the observed point increases, a distance from the position of the second virtual camera to the position of the observed point also increases ([0060]; [0065]; Fig. 5(a)-(c) – determining a virtual location of a user when the user zooms out based on a zooming out factor, i.e. using the zooming out factor to derive the zoomed-out virtual location from the current virtual location and the depth value of the object, i.e. the distance from information indicating a position of an observed point).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Ki into the display controlling apparatus taught by Boesel to create an effect of a realistic sense for the user to experience.
Regarding claim 7, Boesel also discloses the display controlling apparatus according to claim 6, wherein a size of the object indicating the observed point is a size on the second virtual camera image ([0092]-[0093]; [0221]; Figs. 9A, 9D).
Claim 8 is rejected for the same reason as discussed in claim 1 above.
Claim 9 is rejected for the same reason as discussed in claim 6 above.
Claim 10 is rejected for the same reason as discussed in claim 1 above in view of Boesel also disclosing a non-transitory computer-readable storage medium that stores a computer program for causing a computer to perform the recited steps ([0074] – memory 320 storing program instructions to be executed by a process as described at least in Fig. 3, [0042], and [0070]).
Claim 11 is rejected for the same reason as discussed in claim 6 above in view of Boesel also disclosing a non-transitory computer-readable storage medium that stores a computer program for causing a computer to perform the recited steps ([0074] – memory 320 storing program instructions to be executed by a process as described at least in Fig. 3, [0042], and [0070]).
Regarding claim 14, Boesel also discloses the display controlling apparatus according to claim 1, wherein the position of the observed point changes when the position of the first virtual camera changes (Fig. 9A – when the viewpoint changes, which corresponds to the position of the virtual camera changes, the position of the observed point of an object changes relatively with respect to the position of the virtual camera).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Boesel and Ki as applied to claims 1, 4, 6-11, and 14 above, and further in view of Gitter et al. (US 2024/0420435 A1 – hereinafter Gitter).
Regarding claim 2, see the teachings of Boesel and Ki as discussed in claim 1 above. However, Boesel and Ki do not explicitly disclose a size of the object indicating the observed point is determined in such a manner as to be proportionate to the distance from the position of the first virtual camera to the position of the observed point.
Gitter discloses a size of an object indicating an observed point is determined in such a manner as to be proportionate to the distance from the position of the first virtual camera to the position of the observed point ([0445] - increasing a size of a virtual object according to a linear relationship with the distance between the viewpoint and the virtual object).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Gitter into the apparatus taught by Boesel and Ki to enhance the viewing experience, i.e. making more sense to the user.
Regarding claim 3, see the teachings of Boesel and Ki as discussed in claim 1 above. However, Boesel and Ki do not explicitly disclose in a case where the distance from the position of the first virtual camera to the position of the observed point is smaller than a threshold value, a size of the object indicating the observed point is determined to be a predetermined size, and in a case where the distance from the position of the first virtual camera to the position of the observed point is equal to or larger than the threshold value, the size is determined to be a larger size as the distance becomes larger.
Gitter discloses in a case where a distance from a position of a first virtual camera to a position of an observed point is smaller than a threshold value, a size of an object indicating the observed point is determined to be a predetermined size, and in a case where the distance from the position of the first virtual camera to the position of the observed point is equal to or larger than the threshold value, the size is determined to be a larger size as the distance becomes larger ([0414]; [0445]; Figs. 11A-11F – when the distance is less than a threshold, i.e. a minimum distance 1132a, the size is at a predetermined value 1128a, when the distance is greater than the threshold, the size increases as the distance becomes larger according to a curve 1126-3 or 1126-2).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Gitter into the apparatus taught by Boesel and Ki to prevent the size of the object from becoming too small that the user cannot see.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG Q DANG whose telephone number is (571)270-1116. The examiner can normally be reached IFT.
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/HUNG Q DANG/Primary Examiner, Art Unit 2484
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