DETAILED ACTION
Acknowledgements
This Office Action is in response to Applicant’s correspondence filed on 5/12/25.
The Examiner notes that citations to United States Patent Application Publication paragraphs are formatted as [####], #### representing the paragraph number.
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 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.
Status of Claims
Claims 1-10, 12-21 are currently pending.
Claims 3-7, 10, 15, 17-20 are objected to
Claims 1-10, 12-21 are rejected as set forth below.
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 Objections
Claims 3-7, 10, 15, 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and if any outstanding rejections are addressed.
Claim Rejections - 35 USC § 112(b)
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 1-10, 12-21 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 pre-AIA the applicant regards as the invention.
As per claims 1, 12, 13, the limitations “obtaining target texture layers by adjusting the original sizes of the two-dimensional original texture layers to target sizes based on the size adjustment parameters”, “wherein sizes of the target texture layers are matched with sizes of clipping planes in a clipping space” render the scope of the claim indefinite because they contradict each other. It is unclear how the size of the target texture layer can be determined by both 1) adjusting the size based on the size adjustment parameters, i.e. based on relative positions between the original texture layers and the virtual camera, and 2) adjusting the size so it is matched with sizes of clipping planes in a clipping space. That is, if the results of step 1 and step 2 are not equal, the two steps contradict each other.
By virtue of their dependence, the dependent claims are similarly rejected.
Claim Rejections - 35 USC § 103
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.
Claims 1-2, 8-9, 12-14, 16, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. 20120127158 to Miyagi in view of United States Patent Application Publication No. 20230281912 to Bigos.
As per claim(s) 1, 12, 13, Miyagi teaches:
A method for displaying a three-dimensional model of a game character, comprising: determining a target three-dimensional model and a plurality of preset two-dimensional original texture layers, wherein the plurality of two-dimensional original texture layers are used to generate, through superposition rendering, a three-dimensional virtual scene background for displaying the target three-dimensional model, and the plurality of two-dimensional original texture layers are located in a coordinate system where a viewing frustum of a virtual camera is located; (Fig 4, [0082], “FIG. 4 is one example of a screen of the game envisioned by the present embodiment. The game screen is an image of a three-dimensional virtual game space projected by the orthographic projection method (in other words, an image taken by an orthographic projection camera). Various background objects such as a tree and a mountain, and background images indicating the sky and clouds are displayed on the game screen, in addition to a plurality of player characters 101, an enemy character 102, and a block 103.”; [0085], “Here, the layers of the present embodiment will be described. FIG. 6 is a figure for describing the layers. In FIG. 6, layer A to layer D are arranged side by side along a direction in which the virtual camera of the orthographic projection method takes an image.”)
Applicant attempts to further limit the method by describing characteristics of the two-dimensional original texture layers. However, this is representative of non-functional descriptive material as characteristics of the two-dimensional original texture layers does not result in a functional relationship with the invention and therefore cannot be used to differentiate Applicant's invention from the prior art invention. See MPEP 2111.05; In re Gulack, 217 USPQ 401 (Fed. Cir. 1983) (“When descriptive material is not functionally related to the substrate, the descriptive material will not distinguish the invention from the prior art in terms of patentability.”). Specifically, the step of adjusting the original sizes of the two-dimensional original texture layers is carried out the same way regardless of the whether the original sizes of the plurality of the two-dimensional original texture layers are the same: there is no evidence the characteristics of the two-dimensional original texture layers changes the efficiency or the accuracy or any other characteristic of the adjusting. See Ex Parte Nehls, 88 USPQ2d 1883 (BPAI 2008) (“Here, the descriptive material (SEQ ID NOs) recited in the claims is not functional material like the data structures in Lowry. There is no evidence that SEQ ID NOs 9-1008 functionally affect the process of comparing a target sequence to a database by changing the efficiency or accuracy or any other characteristic of the comparison. Rather, the SEQ ID NOs are merely information being manipulated by a computer; the SEQ ID NOs are inputs used by a computer program that calculates the degree of similarity between a target sequence and each of the sequences in a database. The specific SEQ ID NOs recited in the claims do not affect how the method of the prior art is performed – the method is carried out the same way regardless of which specific sequences are included in the database (emphasis added).”)
obtaining size adjustment parameters of the two-dimensional original texture layers in the viewing frustum based on relative positions between the two-dimensional original texture layers and the virtual camera; obtaining target texture layers by adjusting the original sizes of the two-dimensional original texture layers to target sizes based on the size adjustment parameters, and the clipping space is determined based on the viewing frustum; generating the three-dimensional virtual scene background based on the target texture layers, and displaying the target three-dimensional model in the three-dimensional virtual scene background. ([0130]-[0134], “Next, at step S22, the camera virtual depth value 135 (which is the position of the virtual camera after the virtual camera is moved virtually) and the virtual distance between each of the layers are respectively calculated. For example, when described with the example in FIG. 17, if the camera virtual depth value 135 indicates a distance of 800 for layer A, the virtual distance for layer A is calculated as 800, and the virtual distance for layer B is calculated as 1300. Next, at step S23, a scaling value for adjustment is calculated for each of the layers based on the virtual distances calculated for each of the layers and on the "adjustment function" corresponding to each of the layers. Next, at step S26, each of the drawing models belonging to each of the layers is scaled up or scaled down as appropriate based on the scaling value for adjustment. With the above, the layer adjustment control process ends.”; [0140], “Next, at step S10, a game image taken by the orthographic projection method of a virtual game space reflecting the processes described above is generated and displayed.”; [0082])
Miyagi does not explicitly teach, but Bigos teaches:
wherein sizes of the target texture layers are matched with sizes of clipping planes in a clipping space; (Fig 4, [0045]-[0046], “FIG. 4 also shows a plurality of image planes captured as part of an MPI of the virtual scene. In FIG. 4, images 407, 408 and 409A / 409B each correspond to image planes captured as part of an MPI image. In FIG. 4, it can be seen that the frustum 405 of the virtual camera 404 has been split up into a plurality of successive slices. Each slice corresponds to a respective depth segment, with the extremities of each depth segment being defined by a pair of clipping planes. As will be appreciated, the shape and extent of the viewing frustum 405 of the virtual camera will depend on the type of virtual camera 404 being used to capture the scene.”)
One of ordinary skill in the art would have recognized that applying the known technique of Bigos to the known invention of Miyagi would have yielded predictable results and resulted in an improved invention. It would have been recognized that the application of the technique would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such 3D imaging features into a similar invention. Further, it would have been recognized by those of ordinary skill in the art that modifying the invention so the sizes of the target texture layers are matched with sizes of clipping planes in a clipping space results in an improved invention because applying said technique ensures that the target texture layers covers the entire visible region, thus providing full viewport coverage and therefore improving the overall rendering efficiency of the invention.
As per claim(s) 2, 16, Miyagi teaches:
wherein centers of the plurality of two- dimensional original texture layers are located on a same coordinate axis of the coordinate system, and the virtual camera is located at an origin of the coordinate axis, wherein obtaining the size adjustment parameters of the two-dimensional original texture layers in the viewing frustum based on the relative positions between the two-dimensional original texture layers and the virtual camera comprises: obtaining the size adjustment parameters based on original coordinate positions of the centers of the two-dimensional original texture layers on the coordinate axis, wherein the relative positions comprises the original coordinate positions. ([0130]-[0134])
As per claim(s) 8, 21, Miyagi teaches:
wherein generating the three-dimensional virtual scene background based on the target texture layers comprises: in response to the original coordinate positions being unchanged, constructing the three- dimensional virtual scene background by using the target texture layers respectively corresponding to the plurality of two-dimensional original texture layers. ([0130]-[0134], [0140])
As per claim(s) 9, 14, Miyagi teaches:
wherein the plurality of two-dimensional original texture layers correspond to a plurality of target texture layers, and generating the three- dimensional virtual scene background based on the target texture layers comprises: constructing the three-dimensional virtual scene background by using a target texture layer corresponding to each two-dimensional original texture layer and special effect data between every two adjacent target texture layers among the plurality of target texture layers, wherein the special effect data is used to generate a special effect in the three-dimensional virtual scene background. ([0092], “However, when the parameters for scrolling and the parameters for scaling are individually managed, there are cases where a distance from a long-distance view to a short-distance view in a depth direction for parallax scrolling (that is, a distance between each of the layers in the depth direction) is not taken into consideration when conducting the scaling. For example, assume a case where there are two layers, a first layer (short-distance view) and a second layer (long-distance view). In this case, the ratio of the scrolling velocity of these layers are controlled at a velocity ratio of (first layer:second layer)=(2:1). If scaling up as described above is conducted in this case, there can be a case where the first layer is scaled up by 4 times, but the second layer is scaled up by 1.8 times. Thus, as a result of the scaling rate being calculated with no relationship with the scrolling velocity, a mismatch can be generated for the ratio of the scrolling velocities of the short-distance view and the long-distance view, and for the ratio of the scaling rates of the short-distance view and the long-distance view. Such a case may result in an unstable behavior of the parallax scrolling behavior due to influences such as calculation error and the like for the scrolling control (amount of layer movement per one frame becoming erratic).”; [0130]-[0134], “Next, at step S25, the amount of basic scrolling is adjusted based on the scaling value for adjustment. As a result, the amount of scrolling (hereinafter, referred to as an amount of scrolling after adjustment), which takes into consideration of the degree of "close-up" or "long-shot" of the virtual camera, is calculated.”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
United States Patent Application Publication No. 20070146360 to Clatworthy discloses a system comprising memory for storing a 2D background object and a 2D object for a 2D storyboard frame, the 2D background object including 2D background metadata defining attributes of the 2D background object, the 2D object including 2D object metadata defining attributes of the 2D object; a camera module for creating and positioning a camera object relative to a 3D image plane based on the 2D background object and the 2D background metadata; a 3D background module or creating and positioning a 3D background object relative to the 3D image plane based on the 2D background object and the 2D background metadata; and a 3D object module for creating and positioning a 3D object relative to the 3D image plane based on the 2D object and the 2D object metadata.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY HUANG whose telephone number is (408)918-9799. The examiner can normally be reached 9:00a - 5:30p PT.
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/JAY HUANG/Primary Examiner, Art Unit 3619
