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 .
Amendment
The Amendment, filed 08/26/2026, has been received and made of record. In response to the most recent Office Action, dated 05/18/2026.
Response to Arguments
Applicant's arguments filed 08/26/2026 have been fully considered but they are not persuasive. Applicant submits “whereas Saiger discloses that a user can toggle through various images 314 of an object or different objects, Saiger does not disclose that the selectable images 314 are obtained by rendering the 3D object model as recited in claim 1 …….. Because the applied references fail to disclose rendering the 3D object model to generate second 2D image data …. Dependent claims 2-13 and 15-19 are allowable by virtue of their dependence” (Remarks, p. 8-9). However, the Examiner respectfully disagrees.
As stated in the pervious office action, the rejection relies on the reference’s express disclosure, read in conjunction with Fig. 3A, that a 3D model of the object is rendered according to presentation parameters, including angle, to generate a “virtual image” of the object, specifically, column 8 lines 60-67 states “In some implementations, the augmented reality data may include a three-dimensional model of an object. For example, the web page content 136 that includes augmented reality data can include a three-dimensional model of the object (e.g., the chair) selected by the user on the interface 300 (shown in FIG. 3A)”, and further column 9 lines 5 to 14 sates “As another example, multiple different models of the object can be provided in the augmented reality data (e.g., a different model for each of the various selectable images 314, shown in FIG. 3A), and an appropriate one of the models can be selected and rendered according to the presentation parameters”. The reference further explains that the presentation-angle parameter may be specified by selecting one of the selectable images 314 shown in Fig. 3A. Thus, the reference expressly links the selectable views of Fig. 3A to the presentation parameter used to render the 3D model. Accordingly, the disclosure is not merely of unrelated 2D images 314 and a separate 3D model. Rather, selection of an image 314 provides a presentation parameter, such as viewing angle, and the 3D model is subsequently rendered according to that parameter to generate the corresponding virtual image. The reference therefore teaches rendering the 3D object model to generate image data representing the first object, as recited in the claim. Therefore, the Examiner maintains his rejection.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,423,907. Although the claims at issue are not identical, they are not patentably distinct from each other because they are merely a broader version of the patented claims, see comparison table below.
Application 19307451
U.S. Patent No. 12,423,907
1. A method comprising: at an electronic device including a display, non-transitory memory, and one or more processors: rendering a three-dimensional (3D) object model of a first object in order to generate first two-dimensional (2D) image data of the first object; displaying, on the display, the first 2D image data of the first object according to a first display mode, wherein the first display mode includes displaying the first 2D image data of the first object within a 2D content region; and while the first 2D image data of the first object is displayed according to the first display mode: receiving a first manipulation input via one or more input devices; and rendering the 3D object model of the first object based on the first manipulation input to generate second 2D image data of the first object; displaying, on the display, the second 2D image data of the first object according to the first display mode; and in response to detecting a request to change from the first display mode to a second display mode, displaying, on the display, the second first 2D image data of the first object according to the second display mode, wherein the second display mode includes displaying the second 2D image data of the first object within a representation of a physical environment.
14. A system comprising: a display; non-transitory memory; and one or more processors to: render a three-dimensional (3D) object model of a first object in order to generate first two-dimensional (2D) image data of the first object; display, on the display, the first 2D image data of the first object according to a first display mode, wherein the first display mode includes displaying the first 2D image data of the first object within a 2D content region; and while the first 2D image data of the first object is displayed according to the first display mode: receive a first manipulation input via one or more input devices; and render the 3D object model of the first object based on the first manipulation input to generate second 2D image data of the first object; display, on the display, the second 2D image data of the first object according to the first display mode; and in response to detecting a request to change from the first display mode to a second display mode, display, on the display, the second first 2D image data of the first object according to the second display mode, wherein the second display mode includes displaying the second 2D image data of the first object within a representation of a physical environment.
20. A non-transitory computer readable storage medium storing one or more programs, the one or more programs comprising instructions, which, when executed by an electronic device including a display, cause the electronic device to: render a three-dimensional (3D) object model of a first object in order to generate first two-dimensional (2D) image data of the first object; display, on the display, the first 2D image data of the first object according to a first display mode, wherein the first display mode includes displaying the first 2D image data of the first object within a 2D content region; and while the first 2D image data of the first object is displayed according to the first display mode: receive a first manipulation input via one or more input devices; and render the 3D object model of the first object based on the first manipulation input to generate second 2D image data of the first object; display, on the display, the second 2D image data of the first object according to the first display mode; and in response to detecting a request to change from the first display mode to a second display mode, display, on the display, the second 2D image data of the first object according to the second display mode, wherein the second display mode includes displaying the second 2D image data of the first object within a representation of a physical environment.
1. A method comprising: at an electronic device including one or more processors, a non-transitory memory, and a display: rendering a three-dimensional (3D) object model of a first object in order to generate two-dimensional (2D) image data of the first object and a 3D object model of a second object in order to generate 2D image data of the second object; displaying, on the display, the 2D image data of the first object and the 2D image data of the second object according to a first display mode, wherein the first display mode includes displaying the 2D image data of the first object and the 2D image data of the second object within a 2D content region, and wherein in the first display mode the display does not include a representation of a physical environment; while the 2D image data of the first object is displayed according to the first display mode: receiving a manipulation input via one or more input devices; and rendering the 3D object model of the first object based on the manipulation input to generate updated 2D image data of the first object; displaying, on the display, the updated 2D image data of the first object according to the first display mode; and in response to detecting a request to change from the first display mode to a second display mode, displaying, on the display, the updated 2D image data of the first object according to the second display mode, wherein the second display mode includes displaying the updated 2D image data of the first object within the representation of the physical environment and ceasing to display the 2D content region.
11. A system comprising: a display; non-transitory memory; and one or more processors to: render a three-dimensional (3D) object model of a first object in order to generate two-dimensional (2D) image data of the first object and a 3D object model of a second object in order to generate 2D image data of the second object; display, on the display, the 2D image data of the first object and the 2D image data of the second object according to a first display mode, wherein the first display mode includes displaying the 2D image data of the first object and the 2D image data of the second object within a 2D content region, and wherein in the first display mode the display does not include a representation of a physical environment; while the 2D image data of the first object is displayed according to the first display, mode: receive a manipulation input via one or more input devices; and render the 3D object model of the first object based on the manipulation input to generate updated 2D image data of the first object display, on the display, the updated 2D image data of the first object according to the first display mode; and in response to detecting a request to change from the first display mode to the second display mode, display, on the display, the updated 2D image of the first object according to the second display mode, wherein the second display mode includes displaying the updated 2D image of the first object within the representation of the physical environment and ceasing to display the 2D content region.
15. A non-transitory computer readable storage medium storing one or more programs, the one or more programs comprising instructions, which, when executed by an electronic device including a display, cause the electronic device to: render a three-dimensional (3D) object model of a first object in order to generate two-dimensional (2D) image data of the first object and a 3D object model of a second object in order to generate 2D image data of the second object; display, on the display, the 2D image data of the first object and the 2D image data of the second object according to a first display mode, wherein the first display mode includes displaying the 2D image data of the first object and the 2D image data of the second object within a 2D content region, and wherein in the first display mode the display does not include a representation of a physical environment; while the 2D image data of the first object is displayed according to the first display mode: receive a manipulation input via one or more input devices; render the 3D object model of the first object to generate updated 2D image data of the first object before detecting a request to change from the first display mode to a second display mode; display, on the display, the updated 2D image data of the first object according to the first display mode: and in response to detecting a request to change from the first display mode to the second display mode, display, on the display, the updated 2D image data of the first object according to the second display mode, wherein the second display mode includes displaying the updated 2D image data of the first object within the representation of the physical environment and ceasing to display the 2D content region.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saiger (US 10777017).
Regarding claim 1: Saiger teaches a method comprising: at an electronic device including a display, non-transitory memory, and one or more processors (Fig. 1, 5 and column 4 line 15-40, column 16 line 15-65 an electronic device 106 or 550 such as computer system or mobile device comprising above components): rendering a three-dimensional (3D) object model of a first object in order to generate first two-dimensional (2D) image data of the first object; displaying, on the display, the first 2D image data of the first object according to a first display mode, wherein the first display mode includes displaying the first 2D image data of the first object within a 2D content region (Figs. 3A and column 5 line 29-56, column 8 line 60 to column 9 line 14 teach rendering a three-dimensional (3D) object model of a first object 320 in order to generate first two-dimensional (2D) image data of the first object a first display mode as shown in 3A, rendering and displaying the first object data or 3D objects 320 withing a 2D content region or interface 300, specifically, column 8 lines 60-67 states “In some implementations, the augmented reality data may include a three-dimensional model of an object. For example, the web page content 136 that includes augmented reality data can include a three-dimensional model of the object (e.g., the chair) selected by the user on the interface 300 (shown in FIG. 3A)”); and while the first 2D image data of the first object is displayed according to the first display mode: receiving a first manipulation input via one or more input devices; and rendering the 3D object model of the first object based on the first manipulation input to generate second 2D image data of the first object; displaying, on the display, the second 2D image data of the first object according to the first display mode (Figs. 3A and column 5 line 29-56, column 9 lines 5 to 14, column 10 lines 25-51, teach while the first 2D image data of the first object 320 is displayed as in Fig. 3A, receiving a first manipulation input to change the angle or view of the first object and generating a second 2D image data of the first object and displaying in the first display mode, column 9 lines 5 to 14 sates “As another example, multiple different models of the object can be provided in the augmented reality data (e.g., a different model for each of the various selectable images 314, shown in FIG. 3A), and an appropriate one of the models can be selected and rendered according to the presentation parameters”); and in response to detecting a request to change from the first display mode to a second display mode, displaying, on the display, the second 2D image data of the first object according to the second display mode, wherein the second display mode includes displaying the second 2D image data of the first object within a representation of a physical environment (Fig. 3A-4B and column 5 line 58 to column 6 line 34, column 10 lines 25-51, column 12 lines 6-33, column 13 lines 14-44 teach in response to detecting a request (via buttons 330 or 460) to change from the first display mode (as in Fig. 3A) to a second display mode or AR mode (as in Fig. 4A), wherein the second display mode includes displaying the second 2D image data of the first object within a representation of a physical environment).
Regarding claim 2: Saiger teaches The method of claim 1, wherein the 2D content region further includes 2D content (Figs. 3A and column 5 line 29-56 teach showing 2D webpage content region showing 2D content).
Regarding claims 3 & 15: Saiger teaches wherein the 2D content region corresponds to a webpage application window (Figs. 3A and column 5 line 29-56 teach showing 2D webpage content region).
Regarding claim 4: Saiger teaches wherein, in the first display mode, the display does not include the representation of the physical environment (Figs. 3A and column 5 line 29-56 teach the first display mode without any representation of the physical environment).
Regarding claim 5: Saiger teaches wherein the first manipulation input is directed to the first 2D image data of the first object within the 2D content region (Figs. 3A and column 5 line 29-56 teach while the first 2D image data of the first object 320 is displayed as in Fig. 3A, receiving a first manipulation input that is directed to the currently displayed first 2D image data of the first object 320 to change the angle or view of the first object 320).
Regarding claims 6 & 16: Saiger teaches wherein the first manipulation input corresponds to a rotation of the first object (Fig. 3A and column 5 line 29-56, column 10 lines 25-51).
Regarding claim 7: Saiger teaches wherein detecting the request includes receiving an input directed to the first 2D image data of the first object within the 2D content region (Fig. 3A-4B and column 5 line 58 to column 6 line 34, column 10 lines 25-51, column 12 lines 6-33, column 13 lines 14-44 teach in response to detecting a request via buttons 330 or 460 includes receiving an input directed to the first 2D image data of the first object within the 2D content region).
Regarding claim 8: Saiger teaches wherein displaying the second 2D image data of the first object within the representation of the physical environment includes compositing the second 2D image data of the first object with an image of the physical environment (Fig. 3A-4B and column 5 line 58 to column 6 line 34, column 10 lines 25-51, column 12 line 50 to column 13 line 44 teach the selected second angle of the first object 320 or the second 2D image data of the first object 320 displayed including or composting with the physical environment as shown in Fig. 4A).
Regarding claim 9: Saiger teaches wherein displaying the second 2D image data of the first object within the representation of the physical environment includes ceasing to display the 2D content region (Fig. 3A-4B and column 5 line 58 to column 6 line 34, column 10 lines 25-51, column 12 lines 6-33, column 13 lines 14-44 teach ceasing to display the 2D content region as shown in Fig. 3A when displayed withing the representation of the physical environment as shown in Fig. 4A).
Regarding claims 10 & 17: Saiger teaches wherein displaying the second 2D image data of the first object according to the second display mode includes repositioning the second 2D image data of the first object (Fig. 4A and column 12 line 50 to column 13 line 3 teaches while in the second display mode changing the position or repositioning the first object).
Regarding claims 11 & 18: Saiger teaches wherein displaying the second 2D image data of the first object according to the second display mode includes resizing the second 2D image data of the first object (Figs. 3A-4B and column 11 lines 15-40 teach changing the size or resizing the second 2D image data of the first object 320 and displaying in the second display mode or AR mode).
Regarding claims 12-13 & 19: Saiger teaches further comprising: while the second 2D image data of the first object is displayed according to the second display mode: receiving a second manipulation input via one or more input devices; and rendering the 3D object model of the first object based on the second manipulation input to generate third 2D image data of the first object; and displaying, on the display, the third 2D image data of the first object according to the second display mode; and wherein receiving the second manipulation input includes detecting a positional change of the electronic device (Fig. 4A and column 6 lines 5-15, column 12 line 50 to column 13 line 3 teach utilizing camera of the device as an input and positional changes of the camera included in the electronic device also updates or changes the displayed perspective of the first object to another perspective or third image data based on the positional change of the camera).
Regarding claim 14: Claim 14 recites similar claim limitations as in claim 1. Thus, all the arguments made above in claim 1 are applicable to claim 14.
Regarding claim 20: Claim 20 recites similar claim limitations as in claim 1. Thus, all the arguments made above in claim 1 are applicable for claim 20.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AMIT CHATLY/ Primary Examiner, Art Unit 2624
