DETAILED ACTION
*Note in the following document:
1. Texts in italic bold format are limitations quoted either directly or conceptually from claims/descriptions disclosed in the instant application.
2. Texts in regular italic format are quoted directly from cited reference or Applicant’s arguments.
3. Texts with underlining are added by the Examiner for emphasis.
4. Texts with
5. Acronym “PHOSITA” stands for “Person Having Ordinary Skill In The Art”.
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 .
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.
Claim 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter Claim 19-20 recite “computer-readable storage medium”. Applicant's disclosure fails to limit the computer-readable storage medium to non-transitory computer-readable storage medium (e.g. Applicant’s disclosure [0079]: The computer-readable storage medium may be, for example but not limited to, electric, magnetic, optical, electromagnetic, infrared, or semiconductor systems, apparatuses, or devices, or any combination thereof. A more specific example of the computer-readable storage medium may include, but is not limited to: an electrical connection having one or more wires, a portable computer magnetic disk, a hard disk, a random access memory (RAM), a read-only memory (ROM), an erasable programmable read-only memory (EPROM) (or a flash memory), an optical fiber, a portable compact disc read-only memory (CD-ROM), an optical storage device, a magnetic storage device, or any suitable combination thereof. In the present disclosure, the computer-readable storage medium may be any tangible medium containing or storing a program which may be used by or in combination with an instruction execution system, apparatus, or device. In the present disclosure, the computer-readable signal medium may include a data signal propagated in a baseband or as a part of a carrier, the data signal carrying computer-readable program code. The propagated data signal may be in various forms, including but not limited to an electromagnetic signal, an optical signal, or any suitable combination thereof. The computer-readable signal medium may also be any computer-readable medium other than the computer-readable storage medium. The computer-readable signal medium can send, propagate, or transmit a program used by or in combination with an instruction execution system, apparatus, or device). The United States Patent and Trademark Office (USPTO) is obliged to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO (see In re Zletz, 893 F.2d 319 Fed. Cir. 1989). The broadest reasonable interpretation of a claim drawn to a computer readable storage medium (also called machine readable storage medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent (see MPEP 2111.01). Variations of the term “storage” are not necessarily considered to limit a media claimed to non-transitory embodiments because content may be considered to be stored on a signal during propagation and because many disclosures conflates storage media and signals. In this application, the disclosure claims the computer readable storage medium can be signal per se. Therefore Claim 19-20 are not eligible patent subject matter. Suggest adding –non-transitory-- in front of “computer-readable storage medium”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-8 and 12-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3/12 recite(s) the limitation "the features of the target image" in lines 10-11. There is insufficient antecedent basis for this limitation in the claim. Note only features of the target candidate image is recited and a target image is different from a target candidate image.
Claims 4-8 and 13-17 are rejected due to their dependency on Claim 3/12.
Allowable Subject Matter
Claim 1-2, 9, 10-11 and 18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Prior art, either individually or in combination, fails to disclose or render obviousness the limitation of obtaining a three-dimensional geometric model and a text description; and generating views of a target three-dimensional model based on the geometric model and the text description, wherein the target three-dimensional model has texture information and the target three-dimensional model conforms to the text description, a similarity between a contour of the target three-dimensional model and a contour of the geometric model is greater than a preset similarity, and the views of the target three-dimensional model comprise: views corresponding to first camera poses, the number of the first camera poses being one or more as claimed in independent claims 1/10. The closest prior art, Zhang et al. (US 2026/0245287 A1), discloses generating a 3D image of an object based on a geometric shape model and a texture parameter. However, Zhang’s geometric shape model is based generated from a text prompt and the texture parameter if generated from a modified texture prompt. Zhang fails to disclose generating a 3D model based on a geometric model and a text description. Another prior Raj et al. (DreamBooth3D: Subject-Driven Text-to-3D Generation, https://doi.org/10.48550/arXiv.2303.13508, 27 Mar 2023) discloses generating a 3D model based on text prompts and as few as 3-6 casually captured images of a subject. Hower Raj too fails to disclose above cited limitation.
Claims 2, 9, 11 and 18 are allowed due to their dependency on Claim 1/10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YINGCHUN HE whose telephone number is (571)270-7218. The examiner can normally be reached M-F 8:00-5:00 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao M Wu can be reached at 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YINGCHUN HE/Primary Examiner, Art Unit 2613
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