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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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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Claim(s) 1 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of patent US 11544418 and claim 1 of patent US 10635757. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claim(s) is/are an obvious variation of the patented claims, or entirely covered by the patented claims.
For example, claim 1 of the instant application discloses a method for visualizing a three-dimensional model of an object in a two-dimensional environment comprising multiple steps. These limitations are all disclosed by claim 1 of patent US 11544418. Therefore, claim 1 of the instant application is covered by claim 1 of patent US 11544418, and is/are not patently distinct from the mentioned patent claim.
The following table illustrates a comparative mapping between the limitations of claim 1 of the instant application and limitations of claim 1 of patent US 11544418.
Claim 1 of the Instant Application 18/979,085
Claim 1 of Patent 11544418
A method for visualizing a three-dimensional model of an object in a two-dimensional environment, the method comprising:
A method for visualizing a three-dimensional model of an object in a two-dimensional environment, the method comprising:
receiving at a processor a superimposing request to superimpose the three-dimensional model of the object onto the two-dimensional environment;
receiving, with a processor, a superimposing request to superimpose the three-dimensional model of the object onto the two-dimensional environment;
superimposing at the processor the three-dimensional model of the object onto the two-dimensional environment with a scale and a perspective based on the two-dimensional environment;
superimposing, with the processor, the three-dimensional model of the object onto the two-dimensional environment based on the superimposing request with a scale and a perspective based on the two-dimensional environment;
visualizing on a video display unit communicatively coupled to the processor a resulting image with the three-dimensional model of the object superimposed onto the two-dimensional environment with a scale and a perspective based on the scale and the perspective of the three-dimensional model of the object and a position of the three-dimensional model of the object within the two-dimensional environment;
visualizing, via a video display unit communicatively coupled to the processor, a resulting image with the three-dimensional model of the object superimposed onto the two-dimensional environment, said three-dimensional model further comprising a playback animation, wherein the three-dimensional model is displayed with a scale and a perspective based on the scale and the perspective of the three-dimensional model of the object and a position of the three-dimensional model of the object within the two-dimensional environment;
adjusting at the processor a visual appearance of the three-dimensional model of the object when the three-dimensional model of the object is selected for modification; and
adjusting, with the processor, a visual appearance of the three-dimensional model of the object when the three-dimensional model of the object is selected for modification; and
determining at the processor an acoustic property of the two-dimensional environment relative to the three-dimensional model of the object.
determining, with the processor, an acoustic property of the two-dimensional environment relative to the three-dimensional model of the object; and
adjusting, with the processor, the three-dimensional model based on the acoustic property of the two-dimensional environment.
Similarly, Claim(s) 1 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of patent US 10635757.
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 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lotto et al. (US 20140125699) in view of Cote et al. (US 9460561), and further in view of Koga (US 20190289421).
Regarding claim 1, Lotto discloses A method for visualizing a model of an object in a two-dimensional environment (Lotto, “[0014] Rendering a digital element associated with a physical region is disclosed. For example, a digital element such as a message, a record, a digital file, or a coupon is placed by a user for a specific geographical location”), the method comprising:
Receiving at a processor a superimposing request to superimpose the model of the object onto the two-dimensional environment (Lotto, “[0021] FIG. 3 is a flowchart illustrating an embodiment of a process for placing a digital element. The process of FIG. 3 may be implemented on device 102 and/or server 106 of FIG. 1. At 302, a selection of a digital element is received. In some embodiments, receiving the selection of the digital element includes receiving an indication of a digital element to be placed”);
Superimposing at the processor the model of the object onto the two-dimensional environment based on the superimposing request with a scale and a perspective based on the two-dimensional environment; visualizing on a video display unit communicatively coupled to the processor a resulting image with the model of the object superimposed onto the two-dimensional environment with a scale and a perspective based on the scale and the perspective of the model of the object and a position of the model of the object within the two-dimensional environment (Lotto, “[0036] determining the visual representation includes scaling and/or modifying (e.g., using visual perspective rules) an image /animation representation of the selected digital element based on a relative location of the digital element with respect to a distance and/or orientation of a device to render the visual representation. The visual representation may include an image, an animation, an icon, a color specification, a size specification, and a notification to provide to indicate the digital element may be obtained. [0041] At 610, the determined visual representation of the digital element is rendered over the determined world view. (R)endering the visual representation includes superimposing the visual representation of the digital element (e.g., appropriately scaled/skewed following visual perspective rules) based on a distance between a viewing device and digital element location at the appropriate location on the determined world view corresponding to the location of the digital element. The created augmented reality view displays the digital element as being placed within the augmented reality world”);
Adjusting at the processor a visual appearance of the model of the object when the model of the object is selected for modification (Lotto, “[0035] At 602, a digital element to render is selected. In some embodiments, selecting the digital element includes receiving at least a portion of the identification received in 508 of FIG. 5. [0036] determining the visual representation includes scaling and/or modifying (e.g., using visual perspective rules) an image/animation representation of the selected digital element based on a relative location of the digital element with respect to a distance and/or orientation of a device to render the visual representation. [0041] As the device moves closer to the location of the digital element, the visual representation of the digital element may be scaled (e.g., to become larger) to follow visual perspective rules in creating an illusion that the user approaching closer to the digital element”).
On the other hand, Lotto fails to explicitly disclose but Cote discloses A method for visualizing a three-dimensional model of an object in a two-dimensional environment (Cote, abstract, “In one embodiment, a two-dimensional (2-D) drawing is shown in an augmented reality view on a display screen of an electronic device. A three-dimensional (3-D) model is imposed within a view of the physical structure captured by a camera”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Cote and Lotto. That is, applying the 3D model of Cote to the overlaid object of Lotto. The motivation/ suggestion would have been By interjecting the 3-D model into the view, the 2-D drawings may be presented in a more understandable manner to the user (Cote, col.2, lines 2-5).
On the other hand, Lotto in view of Cote fails to explicitly disclose but Koga discloses determining at the processor an acoustic property of the two-dimensional environment relative to the object (Koga, ““[0008] The controller is capable of extracting at least one sound information satisfying a predetermined condition out of the plurality of stored sound information items and generating, based on the detected displacement, multichannel sound information obtained by localizing the extracted sound information at the associated position. The sound output unit is capable of converting the generated multichannel sound information into stereo sound information and outputting it. [0054] FIGS. 2A-2C are diagrams showing a brief overview of the processing that is based on a relative position of sound information. [0089] When there is sound information to be presented, a position to localize sound and a volume thereof are determined based on a relationship between the user U and a distance from sound information that exists fixedly or a direction of the sound information from the user”. Therefore, the volume and position/direction, displacement information of the environment relative to the object are determined).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Koga into the combination of Lotto and Cote, to include all limitations of claim 1. That is, adding determining the acoustic property of the two-dimensional environment relative to the object of Koga to the 2D environment relative to the 3D model of the object of Lotte and Cote. The motivation/ suggestion would have been a user can intuitively understand requisite information as sound information (Koga, [0007]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACE Q LI whose telephone number is (571)270-0497. The examiner can normally be reached Monday - Friday, 8:00 am-5:00 pm.
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/GRACE Q LI/Primary Examiner, Art Unit 2618 5/30/2026
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