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 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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12182320. Although the claims at issue are not identical, they are not patentably distinct from each other because this application is a continuation of 17/718,958 and this application claims with more words but in a broader manner the invention concisely claimed in 17/718,958.
The claims map to each other as follows:
Instant Application
U.S. Patent No. 12182320
Claim 21
A method comprising:
transmitting, by a device to a computing system, video data and first viewport data for the device, the video data including one or more objects in a first viewport and
the first viewport data being based on a position and/or orientation of the device;
transmitting, by the device, second viewport data a second viewport of the device, the second viewport data being based on an updated position and/or orientation of the device;
receiving, by the device from the computing system, data corresponding to the one or more objects within the second viewport, wherein computing system generated the data based on the second viewport data; and
rendering, by the device, one or more elements, based on the data and relative to the one or more objects, within a third viewport.
Claim 1
A method comprising:
transmitting, by a device to a server, video data and first coordinates of a first viewport for the device at a first time instance, the video data including one or more objects in the first viewport;
transmitting, by the device, second coordinates of a second viewport for the device at a second time instance;
receiving, by the device from the server, data corresponding to the one or more objects within the second viewport, the data received in a sequence according to coordinates of the one or more objects relative to the second viewport; and
rendering, by the device, the data relative to the one or more objects within a third viewport at a third time instance.
Claim 22
The method of claim 21, wherein the data is based on the second viewport data by being in computing system in relation to a reference point defined for the second viewport.
Claim 2
receiving, by the device, the data from the server in the sequence according to the coordinates of the one or more objects in relation to a reference point in the second viewport.
Claim 23
The method of claim 21, wherein the first viewport data includes coordinates for the first viewport that are based on the position and/or orientation of the device.
Claim 4
determining, by the device, the first coordinates for the first viewport based on an orientation of the device using sensor data of the device.
Claim 24
The method of claim 21 further comprising:
establishing, by the device with the computing system, one or more parameters for processing and/or transmitting the video data;
wherein the device processes and/or transmits the video data according to the established one or more parameters.
Claim 5
The method of claim 1, further comprising:
establishing, by the device with the server, one or more parameters for at least one of processing or transmitting the video data; and
providing, by the device, the video data according to the established one or more parameters.
Claim 25
The method of claim 21 further comprising:
determining, by the device, that available computational resources of the device satisfy a threshold criteria and, in response:
detecting, by the device, an object from second video data;
determining, by the device, one or more features for the object; and
transmitting, by the device, the object's coordinates and the one or more features to the computing system.
Claim 7
The method of claim 6, comprising, at a fourth time instance, responsive to the available computational resources satisfying the threshold criteria:
detecting, by the device, an object from second video data;
determining, by the device, one or more features for the object; and
transmitting, by the device, the object's coordinates and the one or more features to the server.
Claim 27
The method of claim 21,
wherein the one or more objects comprise at least one object located within the first viewport and outside the second viewport;
wherein the method further comprises determining, by the device, that the at least one object is within the third viewport; and
wherein the rendering the one or more elements within a third viewport is in response to the determining.
Claim 8
at least one object located within the first viewport and outside the second viewport
Claim 9
determining, by the device, that the at least one object is outside the third viewport
forego rendering, by the device within the third viewport, the data corresponding to the at least one object.
Claim 28
Claim 19
Claim 29
Claim 20
Claim 30
Claim 13
Claim 31
Claim 14
Claim 32
Claim 15
Claim 33
Claim 16
Claim 34
Claim 17
Claim 35
Claim 10
Claim 36
Claim 11
Claim 37
Claim 13
Claim 38
Claim 14
Claim 39
Claim 16
Claim 40
Claim 16
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 28-34 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 28-34 describe a computer-readable storage medium.
Further, Applicant's specification, at paragraph [0047], fails to explicitly define the scope of computer-readable storage medium. Thus, in giving the term its plain meaning (see MPEP 2111.01), the claimed computer-readable storage medium is considered to include data signals per se. Data signals per se are not statutory as they fail to fall into one of the four statutory categories of invention.
As an additional note, a non-transitory computer readable medium having executable programming instructions stored thereon is considered statutory as non-transitory computer readable media excludes transitory data signals.
Allowable Subject Matter
Claims 21-40 would be allowable if rewritten or amended to overcome the double patenting rejections and rejections under 35 USC § 101, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 21, Chapiro et al (US 20200134780 A1) discloses a method (Chapiro [0168], “process steps”)
transmitting, by a device to a computing system, video data and first viewport data for the device, the video data including one or more objects in a first viewport (Chapiro [0027], “a “video streaming server” may refer to one or more upstream devices”; [0029], “The viewer's view directions (comprising coordinates) can also be fed back (transmitted by a device) to upstream devices (a server) … to generate, from the source images (video data including one or more objects in a first viewport)”; [0092], “The viewer's … view direction can be … with the viewer's headmounted device (a device)”; [0129], “determine a viewer's view direction over time in relation to a spatial coordinate system (coordinates of a viewer’s view direction)”).
transmitting, by the device, second viewport data a second viewport of the device, the second viewport data (Chapiro [0063], “As the user changes view directions … the view direction tracking device tracks and computes the viewing angles and/or viewing distances in a coordinate system in which the sequence of display mapped images is being rendered, generates a time sequence of view directions, and signals each view direction in the time sequence of view directions to a video streaming server (exemplary transmitting, by the device, second coordinates of a second viewport for the device at a second time instance, as the user changes view directions)”);
rendering, by the device, one or more elements, based on the data and relative to the one or more objects, within a third viewport (Chapiro [0037], “allow a user of a downstream recipient device to freely vary the user's viewing angles or fields of view to display or rendered images generated from peripheral-vision-expanded images as described herein from a video streaming server”; [0094], “objects … as represented in the peripheral-vision expanded images … the peripheral-vision expanded images present to the viewer by way of the viewer's headmounted device (230)”; [0134], “The second peripheral-vision expanded image is to be used by the video streaming client (the device) to generate a second display image for rendering (renders) to the viewer at the second time point. The second peripheral-vision expanded image has … a peripheral-vision image portion (objects in an exemplary third viewport) outside the focal-vision image portion.”).
However, none of the prior of record of art, alone or in combination, disclose the claim as recited as a whole.
Claims 22-27 are allowable for depending from claim 21.
Claim 28 is allowable similar to claim 21 for reciting similar subject matter as claim 21.
Claims 29-34 are allowable for depending from claim 28.
Claim 35 is allowable similar to claim 21 for reciting similar subject matter as claim 21.
Claims 36-40 are allowable for depending from claim 35.
Conclusion
See the notice of references cited (PTO-892) for prior art made of record, including art that is not relied upon but considered pertinent to applicant's disclosure.
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/JITESH PATEL/Primary Examiner, Art Unit 2612
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