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 .
Specification
Title of the Invention
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested:
METHOD AND SYSTEM FOR GENERATING AN OPTIMAL VIEW OF A 3D BUILDING MODEL FROM AN OPTIMAL VIRTUAL CAMERA POSE
Abstract
The abstract of the disclosure is objected to because it isn’t relevant to the current set of claims. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 21-29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 21 is directed to a method of visualizing three-dimensional (3D) content, the method comprising the steps of receiving, determining, defining, calculating, generating and displaying which are nothing more than software instructions. Software instructions are non-statutory under 35 U.S.C. 101.
Claims 22-29 depend from claim 21 and include further steps, for example claim 22 includes the steps of identifying and ranking. Therefore claims 22-29 have the same problem as claim 21 and are rejected under the same rationale.
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 21-38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 9-11, 15-21 and 23-25 of U.S. Patent No. 12,254,573 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are a broader version of the patent claims.
Claims of 19/053,221 Claims of 12,254,573
21. (New) A method of visualizing three-dimensional (3D) content, the method comprising:
receiving a 3D building model of a building structure;
determining architectural features of the 3D building model, wherein the architectural features of the 3D building model correspond to architectural features of the building structure;
defining a look angle for each of at least two planar geometries of the 3D building model,
the look angle based on at least the architectural features of the 3D building model;
calculating an optimal virtual camera pose for the 3D building model based on the defined look angles;
generating an optimal view of the 3D building model from the optimal virtual camera pose;
and
displaying the optimal view of the 3D building model.
22. (New) The method of claim 21, wherein determining the architectural features of the 3D building model comprises:
identifying the architectural features of the 3D building model; and
ranking the identified architectural features based on expected architectural features typically located on facades.
23. (New) The method of claim 22, wherein the look angles are further based on the ranked architectural features.
24. (New) The method of claim 21, further comprising determining, using pattern recognition, combinations of the architectural features and layouts of the architectural features, and wherein the look angles are further based on the combinations of the architectural features and the layouts of the architectural features.
25. (New) The method of claim 21, wherein the look angles are parallel with the architectural features of the 3D building model.
26. (New) The method of claim 21, wherein the planar geometries are a roof.
27. (New) The method of claim 21, wherein the planar geometries are a facade.
28. (New) The method of claim 21, wherein generating the optimal camera view comprises
applying a buffer zone around at least one of the planar geometries.
29. (New) The method of claim 21, wherein generating the optimal camera view comprises
centering at least one of the planar geometries in a field of view of a virtual camera.
30. (New) One or more non-transitory computer-readable media storing instructions that, when executed by one or more processors, cause the one or more processors to perform a method of visualizing three-dimensional (3D) content, the method comprising:
receiving a 3D building model of a building structure;
determining architectural features of the 3D building model, wherein the architectural features of the 3D building model correspond to architectural features of the building structure;
defining a look angle for each of at least two planar geometries of the 3D building model,
the look angle based on at least the architectural features of the 3D building model;
calculating an optimal virtual camera pose for the 3D building model based on the defined look angles;
generating an optimal view of the 3D building model from the optimal virtual camera pose;
and
displaying the optimal view of the 3D building model.
31. (New) The one or more non-transitory computer-readable media of claim 30, wherein determining the architectural features of the 3D building model comprises:
identifying the architectural features of the 3D building model; and
ranking the identified architectural features based on expected architectural features typically located on facades.
32. (New) The one or more non-transitory computer-readable media of claim 31, wherein the look angles are further based on the ranked architectural features.
33. (New) The one or more non-transitory computer-readable media of claim 30, further comprising
determining, using pattern recognition, combinations of the architectural features and layouts of the architectural features, and wherein the look angles are further based on the combinations of the architectural features and the layouts of the architectural features.
34. (New) The one or more non-transitory computer-readable media of claim 30, wherein the look angles are parallel with the architectural features of the 3D building model.
35. (New) The one or more non-transitory computer-readable media of claim 30, wherein the planar geometries are a roof.
36. (New) The one or more non-transitory computer-readable media of claim 30, wherein the planar geometries are a facade.
37. (New) The one or more non-transitory computer-readable media of claim 30, wherein generating the optimal camera view
comprises applying a buffer zone around at least one of the planar geometries.
38. (New) The one or more non-transitory computer-readable media
of claim 30, wherein generating the optimal camera view
comprises centering at least one of the planar geometries in a field of view of a virtual camera.
1. A method of visualizing three-dimensional (3D) content, the method comprising:
receiving a 3D building model of a building structure;
determining architectural features of the 3D building model, wherein the architectural features of the 3D building model correspond to architectural features of the building structure;
defining a look angle for each of at least two planar geometries of the 3D building model,
the look angle based on at least the architectural features of the 3D building model;
generating a plurality of virtual camera positions associated with the defined look angles;
9. The method of claim 1, further comprising determining an optimal camera view based on the look angles.
1. navigating the 3D building model by displaying the 3D building model from the generated plurality of virtual camera positions.
9. The method of claim 1, further comprising determining an optimal camera view based on the look angles.
1. navigating the 3D building model by displaying the 3D building model from the generated plurality of virtual camera positions.
9. The method of claim 1, further comprising determining an optimal camera view based on the look angles.
2. The method of claim 1, wherein determining the
architectural features of the 3D building model comprises:
identifying the architectural features of the 3D building model; and
ranking the identified architectural features based on expected architectural features typically located on facades.
3. The method of claim 2, wherein the look angles are further
based on the ranked architectural features.
4. The method of claim 1, further comprising determining,
using pattern recognition, combinations of the architectural features and layouts of the architectural features, and wherein the look angles are further based on the combinations of the architectural features and the layouts of the architectural features.
5. The method of claim 1, wherein the look angles are parallel
with the architectural features of the 3D building model.
6. The method of claim 1, wherein the planar geometries are a roof.
7. The method of claim 1,
wherein the planar geometries are a façade.
10. The method of claim 9,
wherein determining the optimal camera view further comprises applying a buffer zone around at least one of the planar geometries.
11. The method of claim 9,
wherein determining the optimal camera view further comprises centering at least one of the planar geometries in a field of view of a virtual camera.
15. A system configured for
visualizing three-
dimensional (3D) content, the system comprising:
one or more processors configured with machine-readable instructions to:
receive a 3D building model of a building structure;
determine architectural features of the 3D building model, wherein
the architectural features of the 3D building model correspond to architectural features of the building structure;
define a look angle for each of at least two planar geometries of the 3D building model,
the look angle based on at least the architectural features of the 3D building model;
15. generate a plurality of virtual camera positions associated with the defined look angles;
23. The system of claim 15, wherein the one or more processors are further configured with machine-readable instructions to determine an optimal camera view based on the look angles.
15. navigate the 3D building model by displaying the 3D building model from the generated plurality of virtual camera positions.
23. The system of claim 15, wherein the one or more processors are further configured with machine-readable instructions to determine an optimal camera view based on the look angles.
15. navigate the 3D building model by displaying the 3D building model from the generated plurality of virtual camera positions.
23. The system of claim 15, wherein the one or more processors are further configured with machine-readable instructions to determine an optimal camera view based on the look angles.
16. The system of claim 15,
wherein determining the architectural features of the 3D building model comprises:
identifying the architectural features of the 3D building model; and
ranking the identified architectural features based on expected architectural features typically located on facades.
17. The system of claim 16,
wherein the look angles
are further based on the ranked architectural features.
18. The system of claim 15, wherein the one or more processors are further configured with machine-readable instructions to
determine, using pattern recognition, combinations of the architectural features and layouts of the architectural features, and wherein the look angles are further based on the combinations of the architectural features and the layouts of the architectural features.
19. The system of claim 15,
wherein the look angles
are parallel with the architectural features of the 3D building model.
20. The system of claim 15,
wherein the planar
geometries are a roof.
21. The system of claim 15,
wherein the planar
geometries are a façade.
24. The system of claim 23,
wherein determining the
optimal camera view further comprises applying a buffer zone around at least one of the planar geometries.
25. The system of claim 23,
wherein determining the
optimal camera view further comprises centering at least one of the planar geometries in a field of view of a virtual camera.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAURICE L MCDOWELL, JR whose telephone number is (571)270-3707. The examiner can normally be reached Mon-Fri: 2pm-10pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Said A. Broome can be reached at 571-272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAURICE L. MCDOWELL, JR/Primary Examiner, Art Unit 2612
