CTNF 19/007,675 CTNF 90207 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA 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. 08-34 AIA Claim s 21-38 rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-18 and 20 of U.S. Patent No. 11089284 . Although the claims at issue are not identical, they are not patentably distinct from each other because : Current Patent 20. (New) An image processing apparatus comprising: one or more hardware processors; and one or more memories storing one or more programs configured to be executed by the one or more hardware processors, the one or more programs including instructions for: (A) obtaining object information indicating a three-dimensional position and a three-dimensional shape of a specific object in a three-dimensional space, wherein the specific object is included in at least one of captured images obtained by a plurality of imaging apparatuses; (B) obtaining viewpoint information indicating a three-dimensional position of a virtual viewpoint and a direction from the virtual viewpoint in the three-dimensional space; (C) determining, based on (1) the obtained object information and (2) the obtained viewpoint information, a three-dimensional position of a virtual object in the three-dimensional space, wherein the virtual object is not included in the plurality of captured images; and (D) generating a virtual viewpoint image including a region corresponding to a virtual object whose content presents determined information, based on (i) the obtained object information, (ii) the obtained viewpoint information, and (iii) the determined three-dimensional position of the virtual object, (21. (New) The image processing apparatus according to claim 20, wherein the one or more programs further include instructions for determining information presented by the content of the virtual object based on a size of a region corresponding to a virtual object in a virtual viewpoint image corresponding to the obtained viewpoint information. ) wherein in the virtual viewpoint image, the specific object, and the virtual object do not overlap. 22. (New) The image processing apparatus according to claim 20, wherein the three-dimensional position in the three-dimensional space is defined by a three-dimensional coordinate system corresponding to a space captured by the plurality of imaging apparatuses. 23. (New) The image processing apparatus according to claim 20, wherein the three-dimensional position of the virtual object is determined such that a distance between the three-dimensional position of the virtual viewpoint and the three-dimensional position of the virtual object in a case where a distance between the three-dimensional position of the virtual viewpoint and the three-dimensional position of the specific object is a first distance is longer than a distance between the three-dimensional position of the virtual viewpoint and three-dimensional position of the virtual object in a case where the distance between the three-dimensional position of the virtual viewpoint and the three-dimensional position of the specific object is a second distance that is longer than the first distance. 24. (New) The image processing apparatus according to claim 20, wherein the one or more programs further include instructions for detecting a movement direction of the specific object, and wherein the three-dimensional position of the virtual object is determined based on the detected movement direction of the specific object. 25. (New) The image processing apparatus according to claim 20, wherein the one or more programs further include instructions for specifying a shape of another object that is different from the specific object and that is included in the at least one captured images, and wherein the three-dimensional position of the virtual object is determined based on the specified shape of the another object. 26. (New) The image processing apparatus according to claim 20, wherein the three-dimensional position of the virtual object is determined based on a size of the specific object in the virtual viewpoint image determined according to the obtained object information and the obtained viewpoint information. 27. (New) The image processing apparatus according to claim 20, wherein at least one of a size of the virtual object and a shape of the virtual object is determined based on the obtained object information and the obtained viewpoint information. 28. (New) The image processing apparatus according to claim 20, wherein the size of a region corresponding to the virtual object in the virtual viewpoint image is determined based on a distance between (a) the three-dimensional position of the virtual viewpoint indicated by the obtained viewpoint information and (b) the determined three-dimensional position of the virtual object. 29. (New) The image processing apparatus according to claim 28, wherein where (1) a first case is a case where a distance between the three-dimensional position of the virtual viewpoint indicated by the obtained viewpoint information and the determined three-dimensional position of the virtual object is a first distance and (2) a second case is a case where a distance between the three-dimensional position of the virtual viewpoint indicated by the obtained viewpoint information and the determined three-dimensional position of the virtual object is a second distance that is shorter than the first distance, the following condition is satisfied: information presented by the content of the virtual object in the first case is less than information presented by the content of the virtual object in the second case. 30. (New) The image processing apparatus according to claim 20, wherein the virtual object is an object for displaying an advertisement in the virtual viewpoint image. 31. (New) The image processing apparatus according to claim 30, wherein a content of the virtual object displayed in the virtual viewpoint image includes at least one of a company logo, a product logo, and a product image. 32. (New) The image processing apparatus according to claim 20, wherein the virtual object is an object for displaying, in the virtual viewpoint image, additional information related to a capturing target of the plurality of imaging apparatuses. 33. (New) The image processing apparatus according to claim 32, wherein a content of the virtual object displayed in the virtual viewpoint image includes at least one of information related to a progress of a capturing-target game, statistical information related to a game, information describing a person, and biometric information of a person. 34. (New) The image processing apparatus according to claim 20, wherein the generated virtual viewpoint image corresponds to the three-dimensional position of the virtual viewpoint and the direction from the virtual viewpoint indicated by the obtained viewpoint information and includes the virtual object arranged at the determined three-dimensional position of the virtual object. 35. (New) The image processing apparatus according to claim 20, wherein the specific object is an object that moves in a space captured by the plurality of imaging apparatuses. 36. (New) The image processing apparatus according to claim 35, wherein the specific object is at least one of a person and a ball in a space captured by the plurality of imaging apparatuses. 37. (New) An image generating method executable by an image processing apparatus, the method, obvious as mapped above 38. (New) A non-volatile computer-readable storage medium which stores a program for causing a computer to execute a method, the method comprising obvious as mapped above 1. An image processing apparatus comprising: one or more hardware processors; and one or more memories storing one or more programs configured to be executed by the one or more hardware processors, the one or more programs including instructions for: (A) obtaining object information indicating a three-dimensional position and a three-dimensional shape of a specific object in a three-dimensional space, wherein the specific object is included in at least one of captured images obtained by a plurality of imaging apparatuses; (B) obtaining viewpoint information indicating a three-dimensional position of a virtual viewpoint and a direction from the virtual viewpoint in the three-dimensional space; (C) determining, based on (1) the three-dimensional shape of the specific object indicated by the obtained object information and (2) a positional relationship between (a) the three-dimensional position of the specific object indicated by the obtained object information and (b) the three-dimensional position of the virtual viewpoint indicated by the obtained viewpoint information, a three-dimensional position of a virtual object in the three-dimensional space, wherein the virtual object is not included in the plurality of captured images; (D) determining information presented by the content of the virtual object based on a size of a region corresponding to a virtual object in a virtual viewpoint image corresponding to the obtained viewpoint information; (E) generating the virtual viewpoint image including the region corresponding to a virtual object whose content presents the determined information, based on (i) the obtained object information, (ii) the obtained viewpoint information, and (iii) the determined three-dimensional position of the virtual object. 2. The image processing apparatus according to claim 1, wherein the three-dimensional position of the virtual object is determined so that an image corresponding to a three-dimensional shape of the specific object and an image corresponding to the virtual object do not overlap in the virtual viewpoint image. 3. The image processing apparatus according to claim 1, wherein the three-dimensional position in the three-dimensional space is defined by a three-dimensional coordinate system corresponding to a space captured by the plurality of imaging apparatuses. 4. The image processing apparatus according to claim 3, wherein the three-dimensional position of the virtual object is determined such that a distance between the three-dimensional position of the virtual viewpoint and the three-dimensional position of the virtual object in a case where a distance between the three-dimensional position of the virtual viewpoint and the three-dimensional position of the specific object is a first distance is longer than a distance between the three-dimensional position of the virtual viewpoint and three-dimensional position of the virtual object in a case where the distance between the three-dimensional position of the virtual viewpoint and the three-dimensional position of the specific object is a second distance that is longer than the first distance. 5. The image processing apparatus according to claim 1, wherein the one or more programs further includes instructions for detecting a movement direction of the specific object; and wherein the three-dimensional position of the virtual object is determined based on the detected movement direction of the specific object. 6. The image processing apparatus according to claim 1, wherein the one or more programs further includes instructions for specifying a shape of another object that is different from the specific object and is included in the at least one captured images, and wherein the three-dimensional position of the virtual object is determined based on the specified shape of the another object. 7. The image processing apparatus according to claim 1, wherein the three-dimensional position of the virtual object is determined based on a size of the specific object in the virtual viewpoint image determined according to the obtained object information and the obtained viewpoint information. 8. The image processing apparatus according to claim 1, wherein at least one of a size of the virtual object and a shape of the virtual object is determined based on the obtained object information and the obtained viewpoint information. 9. The image processing apparatus according to claim 1, wherein the size of a region corresponding to the virtual object in the virtual viewpoint image is determined based on a distance between (a) the three-dimensional position of the virtual viewpoint indicated by the obtained viewpoint information and (b) the determined three-dimensional position of the virtual object. 10. The image processing apparatus according to claim 9, wherein where (1) a first case is a case where a distance between the three-dimensional position of the virtual viewpoint indicated by the obtained viewpoint information and the determined three-dimensional position of the virtual object is a first distance and (2) a second case is a case where a distance between the three-dimensional position of the virtual viewpoint indicated by the obtained viewpoint information and the determined three-dimensional position of the virtual object is a second distance that is shorter than the first distance, the following condition is satisfied: information presented by the content of the virtual object in the first case is less than information presented by the content of the virtual object in the second case. 11. The image processing apparatus according to claim 1, wherein the virtual object is an object for displaying an advertisement in the virtual viewpoint image. 12. The image processing apparatus according to claim 11, wherein a content of the virtual object displayed in the virtual viewpoint image includes at least one of a company logo, a product logo, and a product image. 13. The image processing apparatus according to claim 1, wherein the virtual object is an object for displaying, in the virtual viewpoint image, additional information related to a capturing target of the plurality of imaging apparatuses. 14. The image processing apparatus according to claim 13, wherein a content of the virtual object displayed in the virtual viewpoint image includes at least one of information related to a progress of a capturing-target game, statistical information related to a game, information describing a person, and biometric information of a person. 15. The image processing apparatus according to claim 1, wherein the generated virtual viewpoint image corresponds to the three-dimensional position of the virtual viewpoint and the direction from the virtual viewpoint indicated by the obtained viewpoint information and includes the virtual object arranged at the determined three-dimensional position of the virtual object. 16. The image processing apparatus according to claim 1, wherein the specific object is an object that moves in a space captured by the plurality of imaging apparatuses. 17. The image processing apparatus according to claim 16, wherein the specific object is at least one of a person and a ball in a space captured by the plurality of imaging apparatuses. 18. An image generating method executable by an image processing apparatus, the method … 20. A non-volatile computer-readable storage medium which stores a program for causing a computer to execute a method comprising … Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH W BECKER whose telephone number is (571)270-7301. The examiner can normally be reached flexible usually 10-6. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph G Ustaris can be reached at 5712727383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH W BECKER/Examiner, Art Unit 2483 Application/Control Number: 19/007,675 Page 2 Art Unit: 2483 Application/Control Number: 19/007,675 Page 3 Art Unit: 2483 Application/Control Number: 19/007,675 Page 4 Art Unit: 2483 Application/Control Number: 19/007,675 Page 5 Art Unit: 2483 Application/Control Number: 19/007,675 Page 6 Art Unit: 2483 Application/Control Number: 19/007,675 Page 7 Art Unit: 2483 Application/Control Number: 19/007,675 Page 8 Art Unit: 2483 Application/Control Number: 19/007,675 Page 9 Art Unit: 2483 Application/Control Number: 19/007,675 Page 10 Art Unit: 2483 Application/Control Number: 19/007,675 Page 11 Art Unit: 2483 Application/Control Number: 19/007,675 Page 12 Art Unit: 2483 Application/Control Number: 19/007,675 Page 13 Art Unit: 2483 Application/Control Number: 19/007,675 Page 14 Art Unit: 2483 Application/Control Number: 19/007,675 Page 15 Art Unit: 2483 Application/Control Number: 19/007,675 Page 16 Art Unit: 2483 Application/Control Number: 19/007,675 Page 17 Art Unit: 2483 Application/Control Number: 19/007,675 Page 18 Art Unit: 2483 Application/Control Number: 19/007,675 Page 19 Art Unit: 2483 Application/Control Number: 19/007,675 Page 20 Art Unit: 2483 Application/Control Number: 19/007,675 Page 21 Art Unit: 2483
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