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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12, 14-15, and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rice (US 11656835 B1).
Regarding claim 1, Rice teaches a method implemented by an electronic device (Col 5 Line 19-22 “In a representative operating embodiment, a computing device, such as a mobile device, is connectable (for example, via WAP) to a transmission functionality that varies depending on implementation.”) and comprising: creating a multimedia element granting access to at least one first value of at least one first parameter of a digital twin (Col 6 Line 39-46 “These users, one in the real-world location and the second in a 3D/VR “digital twin” environment of that same real-world location, would be capable of affecting their digital twin counterpart in AR, VR, virtual worlds, and/or 3D world and vice versa. In a non-limiting example, turning on a light in the real world would turn on the 3D light object in the virtual world, and vice versa. In another non-limiting example, unlocking a door in the real-world would unlock the 3D object in the 3D world or scene, or would change some object or visualization in AR, and vice versa.”), said first value being obtained when capturing said audiovisual stream (Col 6 Line 24-32 “The visual appearance of these digital twin spaces may vary, independent of the actual form and structure. In a non-limiting example, the texture and materials may be based on data from visual scanning, video, photography, etc. giving a photo-realistic or near photo-realistic appearance. Additional or alternative sets of textures and materials may be applied to the 3D mesh and 3D models, or rendering shader, changing the appearance and aesthetic of the visual appearance of any digital twin space.”), and said digital twin being related to at least one first physical object of interest captured by said audiovisual stream (Col 6 Line 24-27 “The visual appearance of these digital twin spaces may vary, independent of the actual form and structure. In a non-limiting example, the texture and materials may be based on data from visual scanning, video, photography, etc”, Col 6 Line 47-53 “all real-world physical objects, such as furniture, appliances, plants, machinery, electronic devices, sensors, etc., may be represented as 3D models or other graphical representations within the 3D digital twin environment. These interactions recreate the real-world location with a resolution that permits the interaction of items in the 3D/VR digital twin environment”).
Regarding claim 2, Rice teaches the method according to claim 1, and further teaches wherein said multimedia element further comprises at least one audiovisual content item obtained from said captured audiovisual stream (Col 6 Line 47-51 “all real-world physical objects, such as furniture, appliances, plants, machinery, electronic devices, sensors, etc., may be represented as 3D models or other graphical representations within the 3D digital twin environment.”).
Regarding claim 3, Rice teaches the method of claim 1, and further teaches comprising obtaining said audiovisual content by extracting the audiovisual content from said captured audiovisual stream (Col 6 Line 24-28 “The visual appearance of these digital twin spaces may vary, independent of the actual form and structure. In a non-limiting example, the texture and materials may be based on data from visual scanning, video, photography, etc. giving a photo-realistic or near photo-realistic appearance.)
Regarding claim 4, Rice teaches the method of claim 1, and further teaches wherein said audiovisual content is obtained by transforming at least one portion of said captured audiovisual stream (Col 6 Line 24-32 “The visual appearance of these digital twin spaces may vary, independent of the actual form and structure. In a non-limiting example, the texture and materials may be based on data from visual scanning, video, photography, etc. giving a photo-realistic or near photo-realistic appearance. Additional or alternative sets of textures and materials may be applied to the 3D mesh and 3D models, or rendering shader, changing the appearance and aesthetic of the visual appearance of any digital twin space.”).
Regarding claim 5, Rice teaches the method of claim 1, and further teaches comprising selecting said first object, from among objects of interest detected in said audiovisual stream, by taking into account a current position and/or a current orientation of said first object in at least one scene of said audiovisual stream relative to at least one position and/or one orientation of at least one second object of interest of said audiovisual stream (Col 7 Line 9-11 “In an embodiment, in augmented reality, real-world physical objects, appliances, sensors, etc. may be identified and spatially located in relation to other objects”, Col 12 Line 63-66 “the spatial positioning and orientation of each user is relative to the real-world room and simultaneously a 3D digital twin or constructed 3D environment”).
Regarding claim 6, Rice teaches the method of claim 1, and further teaches comprising selecting said first object from among objects of interest detected in said audiovisual stream, by taking into account a visual and/or auditory similarity between said first object and at least one reference object (Col 7 Line 38-54 “Non-User Entities (NUE), typically designated and defined as Non-Player Characters in game environments, may consist of 2D or 3D objects … Similar to other 2D and 3D objects, and virtual goods objects, each NUE may be tokenized or otherwise stored, recorded, or referenced on blockchain, may be unique, and may have various functions and capabilities. NUE objects may share similar characteristics, capabilities, behaviors, and properties of users and 2D or 3D objects”).
Regarding claim 7, Rice teaches the method of claim 1, and further teaches comprising selecting said first object from among objects of interest detected in said audiovisual stream, by taking into account a visual and/or audio designation of said first object in at least one scene of said audiovisual stream. (Col 7 Line 60-64 “The NUE may be designated as a “pet” and governed by a variety of code, scripts, or artificial intelligence, giving the NUE the resemblance of being an independent entity with various functionality and behaviors.”)
Regarding claim 8, Rice teaches the method of claim 1, and further teaches comprising selecting said first object from among objects of interest detected in said audiovisual stream, by taking into account a manual designation of said first object via a user interface (Col 4 Line 2-5 "The display object can be displayed on a display screen of a mobile device and can be selected by, and interacted with by, a user using the user interface.").
Regarding claim 9, Rice teaches the method of claim 1, and further teaches wherein said created multimedia element comprises values relating to at least two parameters of said digital twin and wherein said method comprises, after said creating, filtering said values of said parameters. (Col 6 Line 59 – Col 7 Line 8 “data relating to the properties and aspects of these real-world objects may be stored and/or associated with their respective 3D representations, as well as data, telemetry, and so forth generated by such objects (i.e. a temperature sensor on a piece of machinery or a kitchen appliance) which may be streamed, recorded, collected, and/or accessed by local or remote servers and databases or applications running the 3D world to provide data for visualization, animation, state changes, graphics, and 3D graphics related to, overlaid, linked to, or otherwise associated with the physical models in near real-time, real-time, or for future use. This data may also be stored, recorded, referenced, tracked, tokenized, or otherwise logged on one or more public or private blockchain ledgers to securely track and manage all interactions with data from each environment, both the 3D/VR environment and the digital twin real-world model.”)
Regarding claim 10, Rice teaches the method of claim 1, and further teaches comprising selecting a second object from among objects of interest detected in said audiovisual stream, by taking into account a visual and/or auditory similarity between said second object and at least one reference object (Col 7 Line 38-54 “Non-User Entities (NUE), typically designated and defined as Non-Player Characters in game environments, may consist of 2D or 3D objects … Similar to other 2D and 3D objects, and virtual goods objects, each NUE may be tokenized or otherwise stored, recorded, or referenced on blockchain, may be unique, and may have various functions and capabilities. NUE objects may share similar characteristics, capabilities, behaviors, and properties of users and 2D or 3D objects”).
Regarding claim 11, Rice teaches an enriched rendering method for rendering at least one first physical object of interest in a physical environment (Col 4 Line 56-58 “a “3D object” is a three-dimensional object in digital form, rendered, displayed, experienced, and interacted with through a software application”, Col 6 Line 47-53 “all real-world physical objects, such as furniture, appliances, plants, machinery, electronic devices, sensors, etc., may be represented as 3D models or other graphical representations within the 3D digital twin environment. These interactions recreate the real-world location with a resolution that permits the interaction of items in the 3D/VR digital twin environment”), said method being implemented by an electronic device (Col 4 Line 58-62 “Such software application may be, by way of non-limiting example, a 3D viewer, application, web browser, browser plugin or extension, game, virtual world, virtual reality, and/or augmented reality.”, Col 5 Line 8-11 “ “Virtual Reality” covers all immersive 3D spaces, environments, and worlds, but is typically inclusive of some wearable display device (head-mounted display or HMD)”) and comprising: obtaining a multimedia element granting access to at least one audiovisual content relating at least to said first physical object of interest and to at least one first value of at least one first parameter of a digital twin (Col 6 Line 39-46 “These users, one in the real-world location and the second in a 3D/VR “digital twin” environment of that same real-world location, would be capable of affecting their digital twin counterpart in AR, VR, virtual worlds, and/or 3D world and vice versa. In a non-limiting example, turning on a light in the real world would turn on the 3D light object in the virtual world, and vice versa. In another non-limiting example, unlocking a door in the real-world would unlock the 3D object in the 3D world or scene, or would change some object or visualization in AR, and vice versa.”), said first value being obtained during capture of an audiovisual stream, said audiovisual content being obtained from said audiovisual stream (Col 6 Line 24-32 “The visual appearance of these digital twin spaces may vary, independent of the actual form and structure. In a non-limiting example, the texture and materials may be based on data from visual scanning, video, photography, etc. giving a photo-realistic or near photo-realistic appearance. Additional or alternative sets of textures and materials may be applied to the 3D mesh and 3D models, or rendering shader, changing the appearance and aesthetic of the visual appearance of any digital twin space.”), and said digital twin being related at least to said first physical object of interest (Col 6 Line 47-53 “all real-world physical objects, such as furniture, appliances, plants, machinery, electronic devices, sensors, etc., may be represented as 3D models or other graphical representations within the 3D digital twin environment. These interactions recreate the real-world location with a resolution that permits the interaction of items in the 3D/VR digital twin environment”); obtaining at least one first audiovisual representation of at least one first portion of said first physical object of interest taking into account said first obtained value of said at least one first parameter of said digital twin (Col 6 Line 36-43 “These users, one in the real-world location and the second in a 3D/VR “digital twin” environment of that same real-world location, would be capable of affecting their digital twin counterpart in AR, VR, virtual worlds, and/or 3D world and vice versa. In a non-limiting example, turning on a light in the real world would turn on the 3D light object in the virtual world, and vice versa.”); and joint rendering of said first audiovisual representation and of said at least one portion of said audiovisual content (Col 4 Line 36-38 “ a “3D object” is a three-dimensional object in digital form, rendered, displayed, experienced, and interacted with through a software application”, Col 6 Line 24-32 “The visual appearance of these digital twin spaces may vary, independent of the actual form and structure. In a non-limiting example, the texture and materials may be based on data from visual scanning, video, photography, etc. giving a photo-realistic or near photo-realistic appearance. Additional or alternative sets of textures and materials may be applied to the 3D mesh and 3D models, or rendering shader, changing the appearance and aesthetic of the visual appearance of any digital twin space”).
Regarding claim 12, Rice teaches the enriched rendering method according to claim 11, and further teaches wherein the method comprises rendering, jointly with said rendering of said first audiovisual representation, a second audiovisual representation of at least one second portion of said digital twin taking into account at least one current value of said parameter of said digital twin (Col 6 Line 36-43 “These users, one in the real-world location and the second in a 3D/VR “digital twin” environment of that same real-world location, would be capable of affecting their digital twin counterpart in AR, VR, virtual worlds, and/or 3D world and vice versa. In a non-limiting example, turning on a light in the real world would turn on the 3D light object in the virtual world, and vice versa.”, Col 6 Line 47-53 “all real-world physical objects, such as furniture, appliances, plants, machinery, electronic devices, sensors, etc., may be represented as 3D models or other graphical representations within the 3D digital twin environment. These interactions recreate the real-world location with a resolution that permits the interaction of items in the 3D/VR digital twin environment as they are manipulated or interacted with in the real-world environment. The actions and interactions by users in either the 3D/VR environment, the digital twin of the real-world environment, or in the physical world are reflected into each environment as they occur in near real-time or in real-time.”)
Regarding claim 14, Rice teaches the enriched rendering method according to claim 11, and further teaches wherein said joint rendering is conditionally performed by the electronic device implementing said enriched rendering method by taking into account a presence of a participant in a physical environment of said electronic device (Col 6 Line 55-58 “The actions and interactions by users in either the 3D/VR environment, the digital twin of the real-world environment, or in the physical world are reflected into each environment as they occur in near real-time or in real-time.”).
Regarding claim 15, Rice teaches the enriched rendering method according to claim 14, and further teaches comprising conditionally performing said rendering of said first audiovisual representation by taking into account a profile of said present participant (Col 11 Line 13-17 “Conversely, User2's spatial positioning and orientation, derived from GPS and other methods, is then associated with an avatar (linked to their user account) that will be displayed accurately within the 3D VR digital twin environment that User1 is exploring and navigating.”, Col 12 Line 9-13 “User3 could select a 2D or 3D object, such as a 3D treasure chest from a library of 3D objects that they have ownership of and is related to their account (or some other method of uploading or accessing 3D objects and other content types)”)
Regarding claim 18, Rice teaches A system comprising at least: a first electronic device comprising at least one processor (Col 3 Line 39-41 “a user interface on a computing device, which may include any device with a data processor and data communication capability”) configured to obtain a multimedia element by: creating a multimedia element granting access to at least one first value of at least one first parameter of a digital twin (Col 6 Line 39-46 “These users, one in the real-world location and the second in a 3D/VR “digital twin” environment of that same real-world location, would be capable of affecting their digital twin counterpart in AR, VR, virtual worlds, and/or 3D world and vice versa. In a non-limiting example, turning on a light in the real world would turn on the 3D light object in the virtual world, and vice versa. In another non-limiting example, unlocking a door in the real-world would unlock the 3D object in the 3D world or scene, or would change some object or visualization in AR, and vice versa.”), said first value being obtained when capturing said audiovisual stream (Col 6 Line 24-32 “The visual appearance of these digital twin spaces may vary, independent of the actual form and structure. In a non-limiting example, the texture and materials may be based on data from visual scanning, video, photography, etc. giving a photo-realistic or near photo-realistic appearance. Additional or alternative sets of textures and materials may be applied to the 3D mesh and 3D models, or rendering shader, changing the appearance and aesthetic of the visual appearance of any digital twin space.”), and said digital twin being related to at least one first physical object of interest captured by said audiovisual stream (Col 6 Line 24-28 “The visual appearance of these digital twin spaces may vary, independent of the actual form and structure. In a non-limiting example, the texture and materials may be based on data from visual scanning, video, photography, etc”, Col 6 Line 47-53 “all real-world physical objects, such as furniture, appliances, plants, machinery, electronic devices, sensors, etc., may be represented as 3D models or other graphical representations within the 3D digital twin environment. These interactions recreate the real-world location with a resolution that permits the interaction of items in the 3D/VR digital twin environment”);
and a second electronic device comprising at least one processor configured to perform an enriched rendering of said at least one first physical object of interest by (Col 6 Line 33-40 “a remote user may be in a 3D/VR environment, such as a “digital twin”, and another user may be on-site interacting with the remote user with AR, devices, sensors, and smart objects in the real-world. These users, one in the real-world location and the second in a 3D/VR “digital twin” environment of that same real-world location, would be capable of affecting their digital twin counterpart in AR, VR, virtual worlds, and/or 3D world and vice versa.”, Col 8 Line 50-53 “this innovation provides for the blending of AR and VR for two or more users as a multi-user shared experience enabling a variety of interactions between real and virtual, local and remote, and AR and VR.”):
obtaining said multimedia element granting access to said at least one first value of said at least one first parameter of said digital twin (Col 9 Line 11-23 “interactions between users in one or more modalities (2D, 3D, AR, VR, etc.) are not limited to user-to-user interactions, but also may include user to environment interactions. Such user to environment interactions may affect, modify, change, or otherwise alter digital and virtual objects and content as well as physical objects and items in the real world. In a non-limiting example, as users interact with 2D or 3D objects in a 2D or 3D environment, virtual reality digital twin 2D or 3D constructed environment, or with 2D or 3D objects, data overlays, control interfaces, or physical objects in the real-world via augmented reality, the properties of the object, real or virtual, may change and be updated in all modalities”);
obtaining at least one first audiovisual representation of at least one first portion of said first physical object of interest taking into account said first obtained value of said at least one first parameter of said digital twin (Col 6 Line 26-32 “the texture and materials may be based on data from visual scanning, video, photography, etc. giving a photo-realistic or near photo-realistic appearance. Additional or alternative sets of textures and materials may be applied to the 3D mesh and 3D models, or rendering shader, changing the appearance and aesthetic of the visual appearance of any digital twin space”, Col 9 Line 17-23 “as users interact with 2D or 3D objects in a 2D or 3D environment, virtual reality digital twin 2D or 3D constructed environment, or with 2D or 3D objects, data overlays, control interfaces, or physical objects in the real-world via augmented reality, the properties of the object, real or virtual, may change and be updated in all modalities”);
and rendering said first audiovisual representation (Col 4 Line 36-38 “ a “3D object” is a three-dimensional object in digital form, rendered, displayed, experienced, and interacted with through a software application.”, Col 6 Line 29-32 “Additional or alternative sets of textures and materials may be applied to the 3D mesh and 3D models, or rendering shader, changing the appearance and aesthetic of the visual appearance of any digital twin space”).
Regarding claim 19, Rice teaches the method of claim 1, and further teaches a first electronic device comprising at least one processor configured to implement the method according to Claim 1 (Col 3 Line 39-41 “a user interface on a computing device, which may include any device with a data processor and data communication capability”)
Regarding claim 20, Rice teaches the method of claim 11, and further teaches an electronic device comprising at least one processor configured to implement the enriched rendering method according to Claim 11 (Col 3 Line 39-41 “a user interface on a computing device, which may include any device with a data processor and data communication capability”).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 13 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Rice as applied to claim 11 and 14 above, and further in view of Dasher et al (US 12705828 B2, hereinafter Dasher).
Regarding claim 13, Rice teaches the enriched rendering method according to claim 11, but fails to explicitly teach wherein said method comprises highlighting said at least one first object of interest in said first audiovisual representation. In related field of endeavor, Dasher teaches wherein said method comprises highlighting said at least one first object of interest in said first audiovisual representation (Col 10 Line 9-16 “ the object selection indicator may include, but is not limited to, a highlight, an outline, a glowing effect, a selection box or frame, color change, a holographic tag, dynamic spotlight, pulsing animation, opacity change, icon or symbol, spatial audio cue, contextual highlight (e.g., highlight specific features of the object 104), screen overlay, vibration feedback, or other user interface (UI) element”)
It would have been obvious to one of ordinary skill in the art prior to the time of filing to have modified Rice to include highlighting said at least one first object of interest in said first audiovisual representation as taught by Dasher. Doing so would aid in constructing a comprehensive data set without continuous active input (Col 16 Line 36-39 “This passive accumulation ensures that object detail is collected and aids in constructing a comprehensive data set without continuous active input.”)
Regarding claim 16, Rice teaches the enriched rendering method according to claim 14, and further teaches performing rendering based on spatial positioning and orientation of a user (Col 11 Line 10-17 “User1's VR avatar appearing in the real-world at appropriate spatial positioning and orientation for User2 to view and interact with through their mobile device and augmented reality application. Conversely, User2's spatial positioning and orientation, derived from GPS and other methods, is then associated with an avatar (linked to their user account) that will be displayed accurately within the 3D VR digital twin environment that User1 is exploring and navigating”), but fails to explicitly teach comprising conditionally performing said rendering of said first audiovisual representation by taking into account a geographical proximity between said present participant and an equipment in said physical environment. In related field of endeavor, Dasher teaches conditionally performing said rendering of said first audiovisual representation by taking into account a geographical proximity between said present participant and an equipment in said physical environment (Col 10 Line 57-65 “the user 108 moving closer to a selected object 104 in order to add detail to the generated object. In some examples, the user may zoom to add detail to update or enhance the generated 3D model, for example, by zooming with a camera or by moving closer to the object 104 with the user device 106. In some examples, once the initial 3D object has been created, when the user 108 moves closer to the model, finer details are captured and the model and its textures are updated”)
It would have been obvious to one of ordinary skill in the art prior to the time of filing to have modified Rice to include conditionally performing said rendering of said first audiovisual representation by taking into account a geographical proximity between said present participant and an equipment in said physical environment as taught by Dasher. Doing so would allow finer details to be captured and for the model and its textures to be updated (Col 10 Line 64-65 “when the user 108 moves closer to the model, finer details are captured and the model and its textures are updated”)
Regarding claim 17, Rice as modified by Dasher teaches the enriched rendering method according to claim 16, and Dasher further teaches wherein said equipment belongs to a group consisting of: the electronic device implementing said rendering method; a device for rendering said first audiovisual representation; said at least one first object of interest (Col 10 Line 57-65 “the user 108 moving closer to a selected object 104 in order to add detail to the generated object. In some examples, the user may zoom to add detail to update or enhance the generated 3D model, for example, by zooming with a camera or by moving closer to the object 104 with the user device 106. In some examples, once the initial 3D object has been created, when the user 108 moves closer to the model, finer details are captured and the model and its textures are updated”).
It would have been obvious to one of ordinary skill in the art prior to the time of filing to have further modified Rice and Dasher to include wherein said equipment belongs to a group consisting of: the electronic device implementing said rendering method; a device for rendering said first audiovisual representation; said at least one first object of interest as taught by Dasher. Doing so would allow finer details to be captured and for the model and its textures to be updated (Col 10 Line 64-65 “when the user 108 moves closer to the model, finer details are captured and the model and its textures are updated”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kanderal (US 20230418958 A1) teaches digital twin structures with parameters in-line with physical objects (Kanderal Claim 10 "parameter evolution of the at least one of the standardized digital twin structures is in-line with a physical object or process or individual at any given point in time").
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/J.P.G./Examiner, Art Unit 2611
/KEE M TUNG/Supervisory Patent Examiner, Art Unit 2611
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