DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 21-40 are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Zitnick (US 2010/0318914 A1, already of record, referred to herein as “Zitnick”).
Regarding claim 21, Zitnick discloses: A method for stereography, comprising:
receiving, by at least one processor (Zitnick: paragraph [0064], disclosing operation via a computing system with associated processors), user input to define one or more perception values including a shape ratio or a width magnification factor (Zitnick: Fig. 1, element 106, disclosing a user interface; Fig. 4, paragraphs [0036] and [0046]-[0052], disclosing that the user interface allows a user to define various perception values associated with a 3D stereographic scene; paragraph [0053], disclosing the use of a perception value that scales a scene to appear larger or smaller—e.g., a width magnification value; note that because this claim limitation recites a shape ratio or a width magnification factor, this limitation is interpreted as requiring either the one or the other and not both);
generating, by the at least one processor, one or more input parameters of a stereographic image generating process based on the one or more perception values (Zitnick: paragraph [0046], disclosing that a user can manipulate the stereographic effect perceived by a viewer based on the defined perception values; paragraph [0041], disclosing that by manipulating the stereoscopic effect a user is indirectly changing the camera parameter values that caused it—e.g., that input parameters for causing stereographic image effects is generated based on the perception values indicated by the user), wherein the stereographic image generating process includes a stereographic rendering of a modeled environment (Zitnick: Fig. 4, element 460, paragraph [0054], disclosing a video player panel that plays the scene as it is currently parameterized—e.g., based on the input parameters); and
rendering, by the at least one processor, an output of a multi-dimensional environment based on the one or more input parameters (Zitnick: Fig. 3, paragraph [0027], disclosing that the stereographic scene may be rendered and re-rendered based on manipulated parameters).
Regarding claim 22, Zitnick discloses: The method of claim 21, the method further comprising:
receiving, by the at least one processor, one or more updated perception values (Zitnick: Fig. 3, paragraphs [0025]-[0026], disclosing user input of perception values); and
generating, by the at least one processor, an updated output based on the one or more updated perception values (Zitnick: Fig. 3, paragraph [0027], disclosing that the scene may be re-rendered based on the updated perception values).
Regarding claim 23, Zitnick discloses: The method of claim 21, wherein the one or more perception values are based at least in part on an assumed viewing environment (Zitnick: Fig. 1, paragraph [0023], disclosing that theater parameters—e.g., data of an assumed viewing environment—may input and other parameters adjusted accordingly).
Regarding claim 24, Zitnick discloses: The method of claim 21, wherein generating the output includes:
providing the one or more input parameters to an operator of a pair of stereographic cameras (Zitnick: paragraph [0021], disclosing that the parameters may be used to shoot or re-shoot the corresponding scene);
configuring the pair of stereographic cameras according to the one or more input parameters (Zitnick: paragraphs [0021] and [0032], disclosing that stereographic cameras may be configured according to the input parameters); and
capturing a scene using the pair of stereographic cameras configured with the one or more input parameters (Zitnick: Fig. 2, paragraph [0025], disclosing that a scene may be shot or re-shot based on the input parameters).
Regarding claim 25, Zitnick discloses: The method of claim 21, wherein generating the one or more input parameters of the stereographic image generating process based on the one or more perception values includes:
selecting, by the at least one processor, one or more mathematical algorithms to generate the one or more input parameters (Zitnick: paragraph [0028], disclosing implementation of a mathematical framework to facilitate perception value manipulations; paragraphs [0032]-[0044], equations 1-7, disclosing mathematical formulas for generating stereographic content).
Regarding claim 26, Zitnick discloses: The method of claim 21, the method further comprising:
outputting, by the at least one processor, a user interface enabling a user to interactively modify the one or more perception values of the modeled environment (Zitnick: Fig. 4, paragraphs [0046]-[0053], disclosing a user interface with a panel showing an “above view” and inputs for entering values in a box and/or dragging a dot/handle for each of the various parameters).
Regarding claim 27, Zitnick discloses: The method of claim 21, the method further comprising:
receiving, by the at least one processor, a user selection corresponding to the modeled environment (Zitnick: paragraph [0046], disclosing that a user may directly manipulate the shape of the world—e.g., the modeled environment—perceived by the viewer via user input); and in response to the user selection, initiating, by the at least one processor, the stereographic image generating process, wherein the stereographic image generating process corresponds to the modeled environment (Zitnick: Fig. 4, paragraphs [0046] and [0054], disclosing that a new set of stereo images may be rendered based on edited parameters and a video player panel may play the scene as it is currently parameterized).
Regarding claim 28, Zitnick discloses: An apparatus comprising a processor coupled to a stereographic camera input and to a memory (Zitnick: paragraphs [0064]-[0065], disclosing implementation via a computer system with associated processor, memory, and program instructions), wherein the memory holds program instructions for execution by the processor to cause the apparatus to perform operations of:
receiving user input to define one or more perception values including a shape ratio or a width magnification factor (Zitnick: Fig. 1, element 106, disclosing a user interface; Fig. 4, paragraphs [0036] and [0046]-[0052], disclosing that the user interface allows a user to define various perception values associated with a 3D stereographic scene; paragraph [0053], disclosing the use of a perception value that scales a scene to appear larger or smaller—e.g., a width magnification value; note that because this claim limitation recites a shape ratio or a width magnification factor, this limitation is interpreted as requiring either the one or the other and not both);
generating one or more input parameters of a stereographic image generating process based on the one or more perception values (Zitnick: paragraph [0046], disclosing that a user can manipulate the stereographic effect perceived by a viewer based on the defined perception values; paragraph [0041], disclosing that by manipulating the stereoscopic effect a user is indirectly changing the camera parameter values that caused it—e.g., that input parameters for causing stereographic image effects is generated based on the perception values indicated by the user), wherein the stereographic image generating process includes a stereographic rendering of a modeled environment (Zitnick: Fig. 4, element 460, paragraph [0054], disclosing a video player panel that plays the scene as it is currently parameterized—e.g., based on the input parameters); and
rendering an output of a multi-dimensional environment based on the one or more input parameters (Zitnick: Fig. 3, paragraph [0027], disclosing that the stereographic scene may be rendered and re-rendered based on manipulated parameters).
Regarding claim 29, Zitnick discloses: The apparatus of claim 28, the operations further comprising:
receiving one or more updated perception values (Zitnick: Fig. 3, paragraphs [0025]-[0026], disclosing user input of perception values); and
generating an updated output based on the one or more updated perception values (Zitnick: Fig. 3, paragraph [0027], disclosing that the scene may be re-rendered based on the updated perception values).
Regarding claim 30, Zitnick discloses: The apparatus of claim 28, wherein the one or more perception values are based at least in part on an assumed viewing environment (Zitnick: Fig. 1, paragraph [0023], disclosing that theater parameters—e.g., data of an assumed viewing environment—may input and other parameters adjusted accordingly).
Regarding claim 31, Zitnick discloses: The apparatus of claim 28, wherein generating the output includes:
providing the one or more input parameters to an operator of a pair of stereographic cameras (Zitnick: paragraph [0021], disclosing that the parameters may be used to shoot or re-shoot the corresponding scene);
configuring the pair of stereographic cameras according to the one or more input parameters (Zitnick: paragraphs [0021] and [0032], disclosing that stereographic cameras may be configured according to the input parameters); and
capturing a scene using the pair of stereographic cameras configured with the one or more input parameters (Zitnick: Fig. 2, paragraph [0025], disclosing that a scene may be shot or re-shot based on the input parameters).
Regarding claim 32, Zitnick discloses: The apparatus of claim 28, wherein generating the one or more input parameters of the stereographic image generating process based on the one or more perception values includes:
selecting one or more mathematical algorithms to generate the one or more input parameters (Zitnick: paragraph [0028], disclosing implementation of a mathematical framework to facilitate perception value manipulations; paragraphs [0032]-[0044], equations 1-7, disclosing mathematical formulas for generating stereographic content).
Regarding claim 33, Zitnick discloses: The apparatus of claim 28, the operations further comprising:
outputting a user interface enabling a user to interactively modify the one or more perception values of the modeled environment (Zitnick: Fig. 4, paragraphs [0046]-[0053], disclosing a user interface with a panel showing an “above view” and inputs for entering values in a box and/or dragging a dot/handle for each of the various parameters).
Regarding claim 34, Zitnick discloses: The apparatus of claim 28, the operations further comprising:
receiving a user selection corresponding to the modeled environment; and in response to the user selection, initiating the stereographic image generating process, wherein the stereographic image generating process corresponds to the modeled environment (Zitnick: Fig. 4, paragraphs [0046] and [0054], disclosing that a new set of stereo images may be rendered based on edited parameters and a video player panel may play the scene as it is currently parameterized).
Regarding claim 35, Zitnick discloses: A non-transitory computer-readable medium encoded with instructions that when executed by a processor (Zitnick: paragraphs [0064]-[0067], disclosing implementation via computer-readable instructions stored on a storage medium), cause a computer to perform:
receiving user input to define one or more perception values including a shape ratio or a width magnification factor (Zitnick: Fig. 1, element 106, disclosing a user interface; Fig. 4, paragraphs [0036] and [0046]-[0052], disclosing that the user interface allows a user to define various perception values associated with a 3D stereographic scene; paragraph [0053], disclosing the use of a perception value that scales a scene to appear larger or smaller—e.g., a width magnification value; note that because this claim limitation recites a shape ratio or a width magnification factor, this limitation is interpreted as requiring either the one or the other and not both);
generating one or more input parameters of a stereographic image generating process based on the one or more perception values (Zitnick: paragraph [0046], disclosing that a user can manipulate the stereographic effect perceived by a viewer based on the defined perception values; paragraph [0041], disclosing that by manipulating the stereoscopic effect a user is indirectly changing the camera parameter values that caused it—e.g., that input parameters for causing stereographic image effects is generated based on the perception values indicated by the user), wherein the stereographic image generating process includes a stereographic rendering of a modeled environment (Zitnick: Fig. 4, element 460, paragraph [0054], disclosing a video player panel that plays the scene as it is currently parameterized—e.g., based on the input parameters); and
rendering an output of a multi-dimensional environment based on the one or more input parameters (Zitnick: Fig. 3, paragraph [0027], disclosing that the stereographic scene may be rendered and re-rendered based on manipulated parameters).
Regarding claim 36, Zitnick discloses: The non-transitory computer-readable medium of claim 35, the instructions further comprising:
receiving one or more updated perception values (Zitnick: Fig. 3, paragraphs [0025]-[0026], disclosing user input of perception values); and
generating an updated output based on the one or more updated perception values (Zitnick: Fig. 3, paragraph [0027], disclosing that the scene may be re-rendered based on the updated perception values).
Regarding claim 37, Zitnick discloses: The non-transitory computer-readable medium of claim 35, wherein the one or more perception values are based at least in part on an assumed viewing environment (Zitnick: Fig. 1, paragraph [0023], disclosing that theater parameters—e.g., data of an assumed viewing environment—may input and other parameters adjusted accordingly).
Regarding claim 38, Zitnick discloses: The non-transitory computer-readable medium of claim 35, wherein generating the output includes:
providing the one or more input parameters to an operator of a pair of stereographic cameras (Zitnick: paragraph [0021], disclosing that the parameters may be used to shoot or re-shoot the corresponding scene);
configuring the pair of stereographic cameras according to the one or more input parameters (Zitnick: paragraphs [0021] and [0032], disclosing that stereographic cameras may be configured according to the input parameters); and
capturing a scene using the pair of stereographic cameras configured with the one or more input parameters (Zitnick: Fig. 2, paragraph [0025], disclosing that a scene may be shot or re-shot based on the input parameters).
Regarding claim 39, Zitnick discloses: The non-transitory computer-readable medium of claim 35, wherein generating the one or more input parameters of the stereographic image generating process based on the one or more perception values includes: selecting one or more mathematical algorithms to generate the one or more input parameters (Zitnick: paragraph [0028], disclosing implementation of a mathematical framework to facilitate perception value manipulations; paragraphs [0032]-[0044], equations 1-7, disclosing mathematical formulas for generating stereographic content).
Regarding claim 40, Zitnick discloses: The non-transitory computer-readable medium of claim 35, the instructions further comprising:
outputting a user interface enabling a user to interactively modify the one or more perception values of the modeled environment (Zitnick: Fig. 4, paragraphs [0046]-[0053], disclosing a user interface with a panel showing an “above view” and inputs for entering values in a box and/or dragging a dot/handle for each of the various parameters).
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21, 28 and 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 20 of U.S. Patent No. 11,477,430 in view of Zitnick.
Claim 21 of Instant Application
A method for stereography, comprising:
receiving, by at least one processor, user input to define one or more perception values including a shape ratio or a width magnification factor;
generating, by the at least one processor, one or more input parameters of a stereographic image generating process based on the one or more perception values, wherein the stereographic image generating process includes a stereographic rendering of a modeled environment; and
rendering, by the at least one processor, an output of a multi-dimensional environment based on the one or more input parameters.
Claim 1 of U.S. Patent No. 11,477,430
A method for stereography, comprising:
defining, by at least one processor, perception values comprising a three-dimensional (3D) shape ratio and a 3D width magnification factor for a result of a stereographic image generating process based at least in part on parameters of an assumed viewing environment of a display on a screen,
wherein the 3D width magnification is a ratio between perceived 3D image width to original object width, the 3D shape ratio is a ratio between 3D depth magnification and the 3D width magnification, and the 3D depth magnification is a ratio of change in perceived depth of the image to the change in the original object depth;
selecting, by the at least one processor, mathematical algorithms for generating input parameters of the stereographic image generating process based on the perception values; and
generating the result using the stereographic image generating process and the input parameters.
Table 1.
Regarding claim 21, claim 1 of U.S. 11,477,430 discloses many of the same limitations as shown in Table 1. Note that claim 1 of U.S. Patent No. 11,477,430 discloses generating the result using the stereographic image generating process and the input parameters and that this stereographic image generating processes is based at least in part on parameters of an assumed viewing environment of a display on a screen. This is not patentably distinct from the limitation of claim 21 reciting rendering… an output of a multi-dimensional environment based on the one or more input parameters because the stereographic viewing environment of a display on a screen disclosed by Claim 1 of U.S. Patent No. 11,477,430 is a type of rendering an output of the stereographic multi-dimensional environment and is based on the input parameters.
Claim 1 of U.S. Patent No. 11,477,430 does not explicitly disclose wherein the stereographic image generating process includes a stereographic rendering of a modeled environment.
However, Zitnick discloses: wherein the stereographic image generating process includes a stereographic rendering of a modeled environment (Zitnick: paragraph [0046], disclosing that a user can manipulate a stereographic effect perceived by a viewer based on defined perception values; Fig. 4, element 460, paragraph [0054], disclosing a video player panel that plays the scene as it is currently parameterized—e.g., based on the input parameters).
At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the stereographic rendering of Zitnick in the method of claim 1 of U.S. Patent No. 11,477,430.
One would have been motivated to modify claim 1 of U.S. Patent No. 11,477,430 in this manner in order to better permit users to determine how stereographic parameters may affect a video scene viewed by a viewer (Zitnick: paragraph [0001]-[0007]).
Regarding claim 28, claim 11 of U.S. Patent No. 11,477,430 in view of Zitnick discloses the same or similar limitations for the reasons discussed above.
Regarding claim 35, claim 20 of U.S. Patent No. 11,477,430 in view of Zitnick discloses the same or similar limitations for the reasons discussed above.
Claims 21, 28 and 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 20 of U.S. Patent No. 12,212,731 in view of Zitnick.
Claim 21 of Instant Application
A method for stereography, comprising:
receiving, by at least one processor, user input to define one or more perception values including a shape ratio or a width magnification factor;
generating, by the at least one processor, one or more input parameters of a stereographic image generating process based on the one or more perception values, wherein the stereographic image generating process includes a stereographic rendering of a modeled environment; and
rendering, by the at least one processor, an output of a multi-dimensional environment based on the one or more input parameters.
Claim 1 of U.S. Patent No. 12,212,731
A method for stereography, comprising:
defining, by at least one processor, perception values comprising a three-dimensional (3D) shape ratio and a 3D width magnification factor for an output of a stereographic image generating process based at least in part on parameters of a viewing environment of a display on a screen,
wherein the 3D width magnification is a ratio between perceived 3D image width to original object width, the 3D shape ratio is a ratio between 3D depth magnification and the 3D width magnification, and the 3D depth magnification is a ratio of change in perceived depth of the image to change in the original object depth;
generating, by the at least one processor, input parameters of the stereographic image generating process based at least in part on the perception values;
generating, by the at least one processor, the output using the stereographic image generating process and the input parameters;
receiving, by the at least one processor, one or more updated perception values; and
generating, by the at least one processor, an updated output based on the one or more updated perception values.
Table 2.
Regarding claim 21, claim 1 of U.S. 12,212,731 discloses many of the same limitations as shown in Table 2. Note that claim 1 of U.S. Patent No. 12,212,731 discloses generating… the output using the stereographic image generating process and that this stereographic image generating processes is based at least in part on parameters of a viewing environment of a display on a screen. This is not patentably distinct from the limitation of claim 21 reciting rendering… an output of a multi-dimensional environment based on the one or more input parameters because the stereographic viewing environment of a display on a screen disclosed by Claim 1 of U.S. Patent No. 12,212,731 is a type of rendering an output of the stereographic multi-dimensional environment and is based on the input parameters.
Claim 1 of U.S. Patent No. 12,212,731 does not explicitly disclose wherein the stereographic image generating process includes a stereographic rendering of a modeled environment.
However, Zitnick discloses: wherein the stereographic image generating process includes a stereographic rendering of a modeled environment (Zitnick: paragraph [0046], disclosing that a user can manipulate a stereographic effect perceived by a viewer based on defined perception values; Fig. 4, element 460, paragraph [0054], disclosing a video player panel that plays the scene as it is currently parameterized—e.g., based on the input parameters).
At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the stereographic rendering of Zitnick in the method of claim 1 of U.S. Patent No. 12,212,731.
One would have been motivated to modify claim 1 of U.S. Patent No. 12,212,731 in this manner in order to better permit users to determine how stereographic parameters may affect a video scene viewed by a viewer (Zitnick: paragraph [0001]-[0007]).
Regarding claim 28, claim 11 of U.S. Patent No. 12,212,731 in view of Zitnick discloses the same or similar limitations for the reasons discussed above.
Regarding claim 35, claim 20 of U.S. Patent No. 12,212,731 in view of Zitnick discloses the same or similar limitations for the reasons discussed above.
Conclusion
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CHRISTOPHER T. BRANIFF
Primary Examiner
Art Unit 2484
/CHRISTOPHER BRANIFF/Primary Examiner, Art Unit 2484
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