DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/18/2025 and 12/11/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 21 and 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 23 and 25 respectively of U.S. Patent No. 11908098 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because they a broad obvious variance of U.S. Patent No. 11908098 B1.
Current Application
US Patent 11908098 B1
1. A method comprising: at a processor of a device: obtaining a first three-dimensional (3D) representation of an object; obtaining a sequence of frame-specific second 3D representations of at least a portion of the object for a period of time; and generating a combined 3D representation of the object for the period of time based on an alignment between the first 3D representation with a respective frame-specific second 3D representation, the alignment corresponding to a reference point.
1. A method comprising: at a processor of a device: obtaining a predetermined three-dimensional (3D) representation of at least a first portion of a user, wherein the predetermined 3D representation is associated with a 3D reference point defined relative to a skeletal representation of the user; obtaining a sequence of frame-specific 3D representations corresponding to multiple instants in a period of time, each of the frame-specific 3D representations representing a second portion of the user at a respective instant of the multiple instants in the period of time and each of the frame-specific 3D representations associated with the 3D reference point; and generating combined 3D representations of the user for the multiple instants in the period of time, wherein each of the combined 3D representations is generated by combining the predetermined 3D representation with a respective frame-specific 3D representation based on an alignment, wherein the alignment is based on the 3D reference point.
21. A device comprising: a non-transitory computer-readable storage medium; and one or more processors coupled to the non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium comprises program instructions that, when executed on the one or more processors, cause the one or more processors to perform operations comprising: obtaining a first three-dimensional (3D) representation of an object; obtaining a sequence of frame-specific second 3D representations of at least a portion of the object for a period of time; and generating a combined 3D representation of the object for the period of time based on an alignment between the first 3D representation with a respective frame-specific second 3D representation, the alignment corresponding to a reference point.
23. A device comprising: a non-transitory computer-readable storage medium; and one or more processors coupled to the non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium comprises program instructions that, when executed on the one or more processors, cause the one or more processors to perform operations comprising: obtaining a predetermined three-dimensional (3D) representation of at least a first portion of a user, wherein the predetermined 3D representation is associated with a 3D reference point defined relative to a skeletal representation of the user; obtaining a sequence of frame-specific 3D representations corresponding to multiple instants in a period of time, each of the frame-specific 3D representations representing a second portion of the user at a respective instant of the multiple instants in the period of time and each of the frame-specific 3D representations associated with the 3D reference point; and generating combined 3D representations of the user for the multiple instants in the period of time, wherein each of the combined 3D representations is generated by combining the predetermined 3D representation with a respective frame-specific 3D representation based on an alignment, wherein the alignment is based on the 3D reference point.
22. A non-transitory computer-readable storage medium, storing program instructions executable on a device including one or more processors to perform operations comprising: obtaining a first three-dimensional (3D) representation of an object; obtaining a sequence of frame-specific second 3D representations of at least a portion of the object for a period of time; and generating a combined 3D representation of the object for the period of time based on an alignment between the first 3D representation with a respective frame-specific second 3D representation, the alignment corresponding to a reference point.
25. A non-transitory computer-readable storage medium, storing program instructions executable on a device including one or more processors to perform operations comprising: obtaining a predetermined three-dimensional (3D) representation of at least a first portion of a user, wherein the predetermined 3D representation is associated with a 3D reference point defined relative to a skeletal representation of the user; obtaining a sequence of frame-specific 3D representations corresponding to multiple instants in a period of time, each of the frame-specific 3D representations representing a second portion of the user at a respective instant of the multiple instants in the period of time and each of the frame-specific 3D representations associated with the 3D reference point; and generating combined 3D representations of the user for the multiple instants in the period of time, wherein each of the combined 3D representations is generated by combining the predetermined 3D representation with a respective frame-specific 3D representation based on an alignment, wherein the alignment is based on the 3D reference point.
Allowable Subject Matter
Claims 1-22 would be allowable if rewritten or amended to overcome the rejection(s) under Double patenting, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: no prior art teaches alone or in combination the italicized and bolded features.
Claim 1. A method comprising: at a processor of a device: obtaining a first three-dimensional (3D) representation of an object; obtaining a sequence of frame-specific second 3D representations of at least a portion of the object for a period of time; and generating a combined 3D representation of the object for the period of time based on an alignment between the first 3D representation with a respective frame-specific second 3D representation, the alignment corresponding to a reference point.Claims 2-20 depend on allowable claim 1.Claim 21. A device comprising: a non-transitory computer-readable storage medium; and one or more processors coupled to the non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium comprises program instructions that, when executed on the one or more processors, cause the one or more processors to perform operations comprising: obtaining a first three-dimensional (3D) representation of an object; obtaining a sequence of frame-specific second 3D representations of at least a portion of the object for a period of time; and generating a combined 3D representation of the object for the period of time based on an alignment between the first 3D representation with a respective frame-specific second 3D representation, the alignment corresponding to a reference point.Claim 22. A non-transitory computer-readable storage medium, storing program instructions executable on a device including one or more processors to perform operations comprising: obtaining a first three-dimensional (3D) representation of an object; obtaining a sequence of frame-specific second 3D representations of at least a portion of the object for a period of time; and generating a combined 3D representation of the object for the period of time based on an alignment between the first 3D representation with a respective frame-specific second 3D representation, the alignment corresponding to a reference point.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is as follows:
US 20200035021 A1 Various post-production and distribution tools for volumetric video data are enabled. For instance, a method comprises receiving, by a device comprising a processor, a group of images, determining, by the device, first points of interest of a first image of the group of images and second points of interest of a second image of the group of images, comparing, by the device, the first points of interest to the second points of interest, and determining, by the device, from the first points of interest and the second points of interest and based on a result of the comparing, sets of candidate coordinate positions of a joint of a character represented in the first image and the second image.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTIN MUSHAMBO whose telephone number is (571)270-3390. The examiner can normally be reached Monday-Friday (8:00AM-5:00PM).
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/MARTIN MUSHAMBO/Primary Examiner, Art Unit 2615 5/30/2026
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