DETAILED ACTION
This action is in response to communications: Amendment filed June 11, 2026.
Claims 88-113 are pending in this case. No claims have been newly amended, added or cancelled. This action is made FINAL.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on April 19, 2026 was filed after the mailing date of the Non-Final Office Action on March 11, 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 88-113 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-7, 9-17, 19, and 20 of co-pending Application No. 19/336,197 in view of Alimo et al. (US 2024/0135623). Please see the tables and notes below.
This is a provisional non-statutory double patenting rejection.
Present Application #19/440,633
88
89
90
91
92
93
94
95
96
97
Co-pending Application #19/336,197
1
2
1
2
3
4
5
6
1
11
Present Application #19/440,633
98
99
100
101
102
103
104
105
Co-pending Application #19/336,197
12
11
12
13
14
15
16
11
Present Application #19/440,633
106
107
108
109
110
111
112
113
Co-pending Application #19/336,197
1
7
9
10
11
17
19
20
Present Application #19/440,633 Claim 88
Co-pending Application #19/336,197 Claim 1
One or more non-transitory computer-readable media comprising executable
instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising:
One or more non-transitory computer-readable media comprising executable
instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising:
receiving images of an environment, the environment including a building,
receiving images of an environment, the environment including a building,
the images captured by an aerial drone;
one or more of the images showing at least a portion of an exterior of the building;
generating, based on the images, a 3D representation of the environment, the 3D representation including Gaussian splats representing the environment,
generating, based on the images, a 3D representation of the environment, the 3D
representation including Gaussian splats representing the environment, including the building;
the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated,
identifying particular regions in the 3D representation in which a virtual camera for
viewing the 3D representation may move as the 3D representation is navigated,
the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation; and
the virtual camera constrained to move only in the particular regions, the particular regions less than an entirety of the 3D representation;
providing the 3D representation.
providing the 3D representation for display;
receiving inputs to navigate the 3D representation by moving the virtual camera in the 3D representation; and
moving, based on the inputs, the virtual camera only in the particular regions in the 3D representation.
Claim 88 of the present application differs from claim 1 of the patent application in that claim 88 of the present application is broader in scope than claim 1 of the patent application, thus encompasses that of the patent application. Additionally, claim 88 of the present application further recites, that the patent application does not recite, but Alimo et al. disclose “…one or more of the images showing at least a portion of the exterior of the building ([0032] notes environment 100 may be an outdoor or indoor environment and may include one or more natural objects, e.g. rock, vegetation, trees, etc., and/or manufactured objects, e.g. buildings, structures, vehicles, etc.)…” It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the patent application’s images of an environment including a building to include images of the indoor or outdoor of the environment, e.g. interior or exterior of the building, to provide accurate depictions of the environment that is being captured, e.g. as a three-dimensional scene or object (see [0026] thru [0028] of Alimo et al.).
NOTE: Dependent claims 89-96 below may also be broader in scope than respective claims of the patent application, thus also encompassing that of the claims of the patent application as outlined.
Present Application #19/440,633 Claim 89
Co-pending Application #19/336,197 Claim 2
The one or more non-transitory computer-readable media of claim 88 wherein
The one or more non-transitory computer-readable media of claim 1, the
method further comprising
the virtual camera is constrained to have only particular orientations as the virtual camera moves in the particular regions in the 3D representation,
identifying particular orientations that the virtual camera may have as the virtual camera moves in the particular regions in the 3D representation, the virtual camera constrained to have only the particular orientations,
the particular orientations less than an entirety of all orientations.
the particular orientations less than an
entirety of all orientations.
Present Application #19/440,633 Claim 90
Co-pending Application #19/336,197 Claim 1
The one or more non-transitory computer-readable media of claim 89, the method
further comprising
One or more non-transitory computer-readable media comprising executable
instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising…
identifying the particular regions in the 3D representation in which the virtual camera moves as the 3D representation is navigated.
… identifying particular regions in the 3D representation in which a virtual camera for
viewing the 3D representation may move as the 3D representation is navigated…
Present Application #19/440,633 Claim 91
Co-pending Application #19/336,197 Claim 2
The one or more non-transitory computer-readable media of claim 90, the method
further comprising
The one or more non-transitory computer-readable media of claim 1, the
method further comprising
identifying the particular orientations that the virtual camera has as the virtual camera moves in the particular regions in the 3D representation.
identifying particular orientations that the virtual camera may have as the virtual camera moves in the particular regions in the 3D representation,
the virtual camera constrained to have only the particular orientations, the particular orientations less than an entirety of all orientations.
Present Application #19/440,633 Claim 92
Co-pending Application #19/336,197 Claim 3
The one or more non-transitory computer-readable media of claim 91 wherein
The one or more non-transitory computer-readable media of claim 2 wherein
positions, orientations, or positions and orientations in the 3D representation have quality attributes, and
positions, orientations, or positions and orientations in the 3D representation have quality attributes, and
identifying the particular regions and the particular orientations includes identifying, based on the quality attributes,
identifying the particular regions in the 3D representation in which the virtual camera may move and the particular orientations that the virtual camera may have includes identifying, based on the quality attributes,
the particular regions having particular positions, orientations, or positions and orientations having quality attributes above a threshold.
the particular regions having particular positions, orientations, or positions and orientations having quality attributes above a threshold.
Present Application #19/440,633 Claim 93
Co-pending Application #19/336,197 Claim 4
The one or more non-transitory computer-readable media of claim 88 wherein
The one or more non-transitory computer-readable media of claim 1, the method further comprising
the particular regions are identified based on capture positions of the images.
determining positions of the aerial drone in the environment at which the aerial drone captured the images, wherein identifying the particular regions in the 3D representation in which the virtual camera may move as the 3D representation is navigated includes identifying, based on the positions of the aerial drone in the environment at which the
aerial drone captured the images, the particular regions in the 3D representation in which the virtual camera may move as the 3D representation is navigated.
Present Application #19/440,633 Claim 94
Co-pending Application #19/336,197 Claim 5
The one or more non-transitory computer-readable media of claim 88 wherein
The one or more non-transitory computer-readable media of claim 1, the method further comprising
the 3D representation has one or more central positions, and the particular regions are identified based on the one or more central positions.
determining one or more central positions of the 3D representation, wherein identifying the particular regions in the 3D representation in which the virtual camera may move as the 3D representation is navigated includes identifying, based on the one or more central positions of the 3D representation, the particular regions in the 3D representation in
which the virtual camera may move as the 3D representation is navigated.
Present Application #19/440,633 Claim 95
Co-pending Application #19/336,197 Claim 6
The one or more non-transitory computer-readable media of claim 88 wherein
The one or more non-transitory computer-readable media of claim 5 wherein
a building 3D representation of the building is located at a central position of the 3D
representation.
the 3D representation includes a building 3D representation of the building, and the building 3D representation is located at a central position of the 3D representation.
Present Application #19/440,633 Claim 96
Co-pending Application #19/336,197 Claim 1
The one or more non-transitory computer-readable media of claim 88 wherein
One or more non-transitory computer-readable media comprising executable
instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising:
the images were captured by a drone.
receiving images of an environment, the environment including a building, the images
captured by an aerial drone…
Present Application #19/440,633 Claim 97
Co-pending Application #19/336,197 Claim 11
A method comprising:
A method comprising:
receiving images of an environment, the environment including a building,
receiving images of an environment, the environment including a building,
the images captured by an aerial drone;
one or more of the images showing at least a portion of an exterior of the building;
generating, based on the images, a 3D representation of the environment, the 3D representation including Gaussian splats representing the environment,
generating, based on the images, a 3D representation of the environment, the 3D
representation including Gaussian splats representing the environment, including the building;
the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated,
identifying particular regions in the 3D representation in which a virtual camera for
viewing the 3D representation may be positioned as the 3D representation is navigated,
the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation; and
the virtual camera constrained to be positioned only in the particular regions, the particular regions less than an entirety of the 3D representation;
providing the 3D representation.
providing the 3D representation for display;
receiving inputs to navigate the 3D representation by positioning the virtual camera in the 3D representation; and
positioning, based on the inputs, the virtual camera only in the particular regions in the
3D representation.
Claim 97 of the present application differs from claim 11 of the patent application in that claim 97 of the present application is broader in scope than claim 11 of the patent application, thus encompasses that of the patent application. Additionally, claim 97 of the present application further recites, that the patent application does not recite, but Alimo et al. disclose “…one or more of the images showing at least a portion of the exterior of the building ([0032] notes environment 100 may be an outdoor or indoor environment and may include one or more natural objects, e.g. rock, vegetation, trees, etc., and/or manufactured objects, e.g. buildings, structures, vehicles, etc.)…” It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the patent application’s images of an environment including a building to include images of the indoor or outdoor of the environment, e.g. interior or exterior of the building, to provide accurate depictions of the environment that is being captured, e.g. as a three-dimensional scene or object (see [0026] thru [0028] of Alimo et al.).
NOTE: Dependent claims 98-105 below may also be broader in scope than respective claims of the patent application, thus also encompassing that of the claims of the patent application as outlined.
Present Application #19/440,633 Claim 98
Co-pending Application #19/336,197 Claim 12
The method of claim 97 wherein
The method of claim 11, further comprising
the virtual camera is constrained to have only particular orientations as the virtual camera moves in the particular regions in the 3D representation,
identifying particular orientations that the virtual camera may have as the virtual camera moves in the particular regions in the 3D representation, the virtual camera constrained to have only the particular orientations,
the particular orientations less than an entirety of all orientations.
the particular orientations less than an entirety of all orientations.
Present Application #19/440,633 Claim 99
Co-pending Application #19/336,197 Claim 11
The method of claim 98, further comprising
A method comprising…
identifying the particular regions in the 3D representation in which the virtual camera moves as the 3D representation is navigated.
…identifying particular regions in the 3D representation in which a virtual camera for
viewing the 3D representation may be positioned as the 3D representation is navigated…
Present Application #19/440,633 Claim 100
Co-pending Application #19/336,197 Claim 12
The method of claim 99, further comprising
The method of claim 11, further comprising
identifying the particular orientations that the virtual camera has as the virtual camera moves in the particular regions in the 3D representation.
identifying particular orientations
that the virtual camera may have as the virtual camera moves in the particular regions in the 3D representation,
the virtual camera constrained to have only the particular orientations, the particular orientations less than an entirety of all orientations.
Present Application #19/440,633 Claim 101
Co-pending Application #19/336,197 Claim 13
The method of claim 100 wherein
The method of claim 12 wherein
positions, orientations, or positions and orientations in the 3D representation have quality attributes, and
positions, orientations, or positions and
orientations in the 3D representation have quality attributes, and
identifying the particular regions and the particular orientations includes identifying, based on the quality attributes,
identifying the particular regions in the 3D representation in which the virtual camera may move and the particular orientations that the virtual camera may have includes identifying, based on the quality attributes,
the particular regions having particular positions, orientations, or positions and orientations having quality attributes above a threshold.
the particular regions having particular positions, orientations, or positions and
orientations having quality attributes above a threshold.
Present Application #19/440,633 Claim 102
Co-pending Application #19/336,197 Claim 14
The method of claim 97 wherein
The method of claim 11, further comprising
the particular regions are identified based on capture positions of the images.
determining positions of the aerial drone in the environment at which the aerial drone captured the images, wherein identifying the particular regions in the 3D representation in which the virtual camera may move as the 3D representation is navigated includes identifying, based on the positions of the aerial drone in the environment at which the aerial drone captured the images, the particular regions in the 3D representation in which the virtual camera may move as the 3D representation is navigated.
Present Application #19/440,633 Claim 103
Co-pending Application #19/336,197 Claim 15
The method of claim 97 wherein
The method of claim 11, further comprising
the 3D representation has one or more central positions, and the particular regions are identified based on the one or more central positions.
determining one or more central positions of the 3D representation, wherein identifying the particular regions in the 3D representation in which the virtual camera may move as the 3D representation is navigated includes identifying, based on the one or more central positions of the 3D representation, the
particular regions in the 3D representation in which the virtual camera may move as the 3D
representation is navigated.
Present Application #19/440,633 Claim 104
Co-pending Application #19/336,197 Claim 16
The method of claim 97 wherein
The method of claim 15 wherein
a building 3D representation of the building is located at a central position of the 3D
representation.
the 3D representation includes a building 3D
representation of the building, and the building 3D representation is located at a central position of the 3D representation.
Present Application #19/440,633 Claim 105
Co-pending Application #19/336,197 Claim 11
The method of claim 97 wherein
A method comprising:
the images were captured by a drone.
receiving images of an environment, the environment including a building, the images
captured by an aerial drone…
Present Application #19/440,633 Claim 106
Co-pending Application #19/336,197 Claim 1
One or more non-transitory computer-readable media comprising executable
instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising:
One or more non-transitory computer-readable media comprising executable
instructions, the executable instructions being executable by one or more processors to perform a method, the method comprising:
receiving images of an environment, the environment including a building, the images
captured by an aerial drone;
receiving a 3D representation of an environment, the 3D representation including
Gaussian splats representing the environment,
generating, based on the images, a 3D representation of the environment, the 3D
representation including Gaussian splats representing the environment, including the building;
the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated,
identifying particular regions in the 3D representation in which a virtual camera for
viewing the 3D representation may move as the 3D representation is navigated,
the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation;
the virtual camera constrained to move only in the particular regions, the particular regions less than an entirety of the 3D representation;
providing the 3D representation for display;
receiving one or more inputs to navigate the 3D representation; and
receiving inputs to navigate the 3D representation by moving the virtual camera in the 3D representation; and
positioning, based on the one or more inputs, the virtual camera only in the particular
regions in the 3D representation.
moving, based on the inputs, the virtual camera only in the particular regions in the 3D representation.
Claim 106 of the present application differs from claim 1 of the patent application in that claim 106 of the present application is broader in scope than claim 1 of the patent application, thus encompasses that of the patent application.
Present Application #19/440,633 Claim 107
Co-pending Application #19/336,197 Claim 7
The one or more non-transitory computer-readable media of claim 106 wherein
The one or more non-transitory computer-readable media of claim 1 wherein
receiving the one or more inputs to navigate the 3D representation includes receiving one or more first inputs to move the virtual camera along a first path of a first type in the 3D representation and one or more second inputs to move the virtual camera along a second path of a second type in the 3D representation, the second type different from the first type.
receiving the inputs to navigate the 3D representation by moving the virtual camera in the 3D representation includes receiving first inputs to move the virtual camera along a first path of a first type in the 3D representation and receiving second inputs to move the virtual camera along a second path of a second type, the second type different from the first type, in the 3D representation.
Present Application #19/440,633 Claim 108
Co-pending Application #19/336,197 Claim 9
The one or more non-transitory computer-readable media of claim 107, the method further comprising:
The one or more non-transitory computer-readable media of claim 7, the method further comprising:
moving, based on the one or more first inputs, the virtual camera along a generally
circular path around a vertical axis of the 3D representation at a generally constant altitude in the 3D representation, the vertical axis located at a central position of the 3D representation; and
moving, based on the first inputs, the virtual camera along a generally circular path
around a vertical axis of the 3D representation at a generally constant altitude in the 3D
representation, the vertical axis located at a central position of the 3D representation; and
aiming a yaw of the virtual camera at the central position of the 3D representation.
aiming a yaw of the virtual camera at the central position of the 3D representation.
Present Application #19/440,633 Claim 109
Co-pending Application #19/336,197 Claim 10
The one or more non-transitory computer-readable media of claim 107, the
method further comprising
The one or more non-transitory computer-readable media of claim 7, the
method further comprising
changing, based on the one or more second inputs, one or more of an altitude of the virtual camera in the 3D representation, a distance of the virtual camera from a central position of the 3D representation, a pitch of the virtual camera, and a field of view of the virtual camera.
changing, based on the second inputs, one or more of an altitude of the virtual camera in the 3D representation, a distance of the virtual camera from a central position of the 3D representation, a pitch of the virtual camera, and a field of view of the virtual camera.
Present Application #19/440,633 Claim 110
Co-pending Application #19/336,197 Claim 11
A method comprising:
A method comprising:
receiving images of an environment, the environment including a building, the images
captured by an aerial drone;
receiving a 3D representation of an environment, the 3D representation including
Gaussian splats representing the environment,
generating, based on the images, a 3D representation of the environment, the 3D
representation including Gaussian splats representing the environment, including the building;
the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated,
identifying particular regions in the 3D representation in which a virtual camera for
viewing the 3D representation may be positioned as the 3D representation is navigated,
the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation;
the virtual camera constrained to be positioned only in the particular regions, the particular regions less than an entirety of the 3D representation;
providing the 3D representation for display;
receiving one or more inputs to navigate the 3D representation; and
receiving inputs to navigate the 3D representation by positioning the virtual camera in the 3D representation; and
positioning, based on the one or more inputs, the virtual camera only in the particular
regions in the 3D representation.
positioning, based on the inputs, the virtual camera only in the particular regions in the
3D representation.
Claim 110 of the present application differs from claim 11 of the patent application in that claim 110 of the present application is broader in scope than claim 11 of the patent application, thus encompasses that of the patent application.
Present Application #19/440,633 Claim 111
Co-pending Application #19/336,197 Claim 17
The method of claim 110 wherein
The method of claim 11 wherein
receiving the one or more inputs to navigate the 3D representation includes receiving one or more first inputs to move the virtual camera along a first path of a first type in the 3D representation and one or more second inputs to move the virtual camera along a second path of a second type in the 3D representation, the second type different from the first type.
receiving the inputs to navigate the 3D representation by moving the virtual camera in the 3D representation includes receiving first inputs to move the virtual camera along a first path of a first type in the 3D representation and receiving second inputs to move the virtual camera along a second path of a second type, the second type different from the first type, in the 3D representation.
Present Application #19/440,633 Claim 112
Co-pending Application #19/336,197 Claim 19
The method of claim 111, further comprising:
The method of claim 17, further comprising:
moving, based on the one or more first inputs, the virtual camera along a generally
circular path around a vertical axis of the 3D representation at a generally constant altitude in the 3D representation, the vertical axis located at a central position of the 3D representation; and
moving, based on the first inputs, the virtual camera along a generally circular path
around a vertical axis of the 3D representation at a generally constant altitude in the 3D
representation, the vertical axis located at a central position of the 3D representation; and
aiming a yaw of the virtual camera at the central position of the 3D representation.
aiming a yaw of the virtual camera at the central position of the 3D representation.
Present Application #19/440,633 Claim 113
Co-pending Application #19/336,197 Claim 20
The method of claim 111, further comprising
The method of claim 17, further comprising
changing, based on the one or more second inputs, one or more of an altitude of the virtual camera in the 3D representation, a distance of the virtual camera from a central position of the 3D representation, a pitch of the virtual camera, and a field of view of the virtual camera.
changing, based on the second inputs, one or more of an altitude of the virtual camera in the 3D representation, a distance of the virtual camera from a central position of the 3D representation, a pitch of the virtual camera, and a field of view of the virtual camera.
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.
Claim(s) 88-113 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alimo et al. (US 2024/0135623) in view of Bachrach et al. (US 2016/0327950).
As to claim 88, Alimo et al. disclose one or more non-transitory computer-readable media comprising executable instructions, the executable instructions being executable by one or more processors to perform a method ([0049] notes process 400 of Figure 4 may be performed by executing a machine-readable program or other computer-executable instructions, such as routines, instructions, programs, or other code that may be stored in a memory of a computing device, e.g. computing device 308 of Figure 3, the process executed by a processor associated with or included in computing device 308, a personal device containing the user interface 310, or a server device, e.g. server 306), the method (process 400) comprising: receiving images of an environment, the environment including a building, one or more of the images showing at least a portion of an exterior of the building (step 410, [0050] notes capturing images of an environment, e.g. environment 100 of Figure 1, where [0032] notes environment 100 may be an outdoor or indoor environment and may include one or more natural objects, e.g. rock, vegetation, trees, etc., and/or manufactured objects, e.g. buildings, structures, vehicles, etc.); generating, based on the images, a 3D representation of the environment, the 3D representation including Gaussian splats representing the environment (step 420, [0051], [0052] notes extracting images, e.g. the captured images, step 430, [0058] notes filtering the images, step 440, [0059] thru [0063] notes calibrating intrinsic and extrinsic parameters associated with the captured images, step 450, [0064] thru notes creating a differentiable radiance field, e.g. a neural radiance field (NeRF) (or Gaussian Splatting (see [0054], [0055])), which may be further optimized to ensure that the resultant generated 3D reconstruction accurately reflects the real-world scene or object, step 460, [0065] thru [0067] notes continuing optimization of NeRF, step 480, [0069] notes the differentiable radiance field (e.g. NeRF or Gaussian Splatting) may or may be caused to generate the 3D reconstruction, such as 3D reconstruction 200 of the environment 100); and providing the 3D representation (Figures 2A, 2B, [0070] notes the 3D reconstruction, including synthesizing novel portions of the scene, may be provided to the user 202 via any device, such as computing device 308 or any other interaction device).
Alimo et al. differ from the invention defined in claim 88 in that Alimo et al. do not disclose “…the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated, the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation.”
Bachrach et al. also disclose one or more non-transitory computer-readable media comprising executable instructions, the executable instructions being executable by one or more processors to perform a method (Figure 13, [0105] notes flying digital assistant (FDA) 100 may include processor(s) 1312 and memory 1316 (which may include one or more computer readable storage mediums), where [0110] notes the one or more processor(s) 1312 run or execute various software programs and/or sets of instructions stored in memory 1316 to perform various functions for the FDA 100 and to process data; Figure 14, [0134] notes portable multifunction device (PMD) 104 may include memory 1416 (which may include one or more computer readable storage mediums) and one or more processing units 1412 which may include central processing units (CPUs) and graphics processing units (GPUs), where [0137] notes one or more processors 1412 may run or execute various software programs and/or sets of instructions stored in memory 1416 to perform various functions for the PMD 104 and to process data), the method (Figure 9C) comprising: receiving images of an environment ([0021] notes FDA 100 comprising sensors 114 for capturing images (including video) and audio (e.g. a camera and microphone), [0044], [0058] notes while in flight, FDA 100 may capture images and video using one or more onboard optical sensors), the environment including a building, one or more of the images showing at least a portion of an exterior of the building ([0051] notes user may define a point of reference as at or associated with a physical object in physical space, the defined point of reference may be stationary (e.g. a building or physical marker) or may be in motion (e.g. a moving car)); generating, based on the images, a 3D representation of the environment (Figure 9C, first step, detecting a first position and orientation of a PMD relative to a first point of reference, second step, transforming the detected first position and orientation of the PMD relative to first point of reference into a second position and orientation relative to a second point of reference, and third step, generating a representation of a field of view of physical environment from the second position and orientation relative to the second point of reference, the generated representation based in part of sensor data gathered by one or more sensors associated with an FDA in flight over the physical environment, [0069]), the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated (Figures 9A, 9B, 9C, [0059] thru [0071], “Virtual Camera-A User Interaction Paradigm,” where [0069] notes sensor data gathered by sensors at the FDA 100 used to generate or render in real time a 3D model of the physical environment surrounding the FDA 100 while in flight, a true virtual camera may be placed in this virtual space such that the field of view may be displayed, changes in the position/orientation of the PMD 104, applied by user 102, may be translated into changes in the position/orientation of the virtual camera in the virtual 3D space (the real time rendering of the physical environment surrounding the FDA 100), these changes in the position/orientation of the virtual camera in the virtual space may be translated into commands to the flight control system of the FDA 100 to change its position/orientation to effectively capture images from onboard image capture devices to approximate the view of the virtual camera in the virtual space, accordingly, view 910a may be adjusted in response to the changes in the position/orientation of the PMD 104 because the changes are made to a virtual camera in the generated 3D model), the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation (Figure 10A, [0072] thru [0076], where [0074] notes defining motion and image capture of the FDA 100 by drawing a path 1020a in view 1010a instead of moving PMD 104, e.g. user 102 may draw a desired path to be flown by FDA 100 by dragging their finger across the touch sensitive display, thus defining an area in which to select a surface, the FDA 100 may identify an actual surface 1082a in the physical environment based on the user’s selection, accordingly, the path 1020a drawn by user 102 on surface 1080a may cause the FDA 100 to fly a path 1022a with relation to actual surface 1082a, [0075], [0076] notes example of defining path around a roof of a building, thus may be considered to “constrain” the virtual camera to move only in the defined path, e.g. particular regions, the defined path being less than an entirety of the 3D representation (NOTE: user interactions for defining motion and image capture of the FDA 100 described but left out for simplicity further include Figure 10B, [0077] thru [0082], touch to focus, and Figure 10C, [0083] thru [0086], selecting present flying patterns, where additional user interactions include Figure 11, [0087] thru [0091], physically moving a PMD over a scale representation of the scene, and Figures 12A-12D, [0092] thru [0098], controlling the FDA 100 and images captured via predefined multi-touch gestures)); and providing the 3D representation (Figure 9C, [0069], [0070], third step, the generated representation configured for presentation via a display of the PMD).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Alimo et al.’s system and method of generating a 3D reconstruction of a physical environment based on images captured with Bachrach et al.’s 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated to allow a smooth experience by the user as the image capturing device (e.g. drone) moves to follow the changes in positions/orientations of the virtual camera ([0069] of Bachrach et al.).
As to claim 89, Alimo et al. modified with Bachrach et al. disclose the virtual camera is constrained to have only particular orientations as the virtual camera moves in the particular regions in the 3D representation, the particular orientations less than an entirety of all orientations (modified with Bachrach, as noted in claim 88, [0069] notes changes in the position/orientation of the PMD 104, applied by user 102, may be translated into changes in the position/orientation of the virtual camera in the virtual 3D space (the real time rendering of the physical environment surrounding the FDA 100), these changes in the position/orientation of the virtual camera in the virtual space may be translated into commands to the flight control system of the FDA 100 to change its position/orientation to effectively capture images from onboard image capture devices to approximate the view of the virtual camera in the virtual space, accordingly, view 910a may be adjusted in response to the changes in the position/orientation of the PMD 104 because the changes are made to a virtual camera in the generated 3D model, where [0074] further notes defining motion and image capture of the FDA 100 by drawing a path 1020a in view 1010a instead of moving PMD 104, e.g. user 102 may draw a desired path to be flown by FDA 100 by dragging their finger across the touch sensitive display, thus defining an area in which to select a surface, the FDA 100 may identify an actual surface 1082a in the physical environment based on the user’s selection, accordingly, the path 1020a drawn by user 102 on surface 1080a may cause the FDA 100 to fly a path 1022a with relation to actual surface 1082a).
As to claim 90, Alimo et al. modified with Bachrach et al. disclose the method further comprising identifying the particular regions in the 3D representation in which the virtual camera moves as the 3D representation is navigated (modified with Bachrach, as noted in claim 88, the user may define an area in which to select a surface, the FDA 100 may identify an actual surface 1082a in the physical environment based on the user’s selection, thus the path 1020a drawn by the user 102 on surface 1080a may cause the FDA 100 to fly a path 1022a with relation to actual surface 1082a).
As to claim 91, Alimo et al. modified with Bachrach et al. disclose the method further comprising identifying the particular orientations that the virtual camera has as the virtual camera moves in the particular regions in the 3D representation (modified with Bachrach, as noted in claim 88 and 89, user 102 may define positions/orientations of the FDA 100 by moving PMD 104 or drawing a path 1020a).
As to claim 92, Alimo et al. modified with Bachrach et al. disclose positions, orientations, or positions and orientations in the 3D representation have quality attributes, and identifying the particular regions and the particular orientations includes identifying, based on the quality attributes, the particular regions having particular positions, orientations, or positions and orientations having quality attributes above a threshold (Alimo, [0065] notes determining the quality of the NeRF being created, where an initial NeRF may be created and iterations of the NeRF may be created thereafter by tuning the hyper-parameters of the NeRF and rechecking the quality of each iteration of the NeRF, [0068] further notes based on the quality determination, one or more hyper-parameters may be identified and adjusted to optimize the quality of the 3D reconstruction, where it may be considered adjusting the one or more hyper-parameters to optimize quality may correlate to “quality attributes above a threshold;” modified with Bachrach, as noted in claim 88, user 102 may define positions/orientations of the FDA 100 by moving PMD 104 or drawing a path 1020a).
As to claim 93, Alimo et al. modified with Bachrach et al. disclose the particular regions are identified based on capture positions of the images (modified with Bachrach, as noted in claim 88, the 3D model is captured and generated using sensors at the FDA 100, where changes in the positions/orientations of the PMD 104 are translated into changes in the positions/orientations of the virtual camera in the virtual 3D space, where these changes in the positions/orientations of the virtual camera in the virtual space may be further translated into commands to the flight control system of the FDA 100 to change its position/orientation to effectively capture images from onboard image capture devices to approximate the view of the virtual camera in the virtual space).
As to claim 94, Alimo et al. modified with Bachrach et al. disclose the 3D representation has one or more central positions, and the particular regions are identified based on the one or more central positions (modified with Bachrach, [0058] notes while moving around a point of reference, the FDA 100 may adjust the orientation and/or processing of image capture device(s) such that the point of reference remains centered in the field of view of the image capture device(s)).
As to claim 95, Alimo et al. modified with Bachrach et al. disclose a building 3D representation of the building is located at a central position of the 3D representation (modified with Bachrach, [0058] notes while moving around a point of reference, the FDA 100 may adjust the orientation and/or processing of image capture device(s) such that the point of reference remains centered in the field of view of the image capture device(s), where [0051] notes point of reference defined may be a building).
As to claim 96, Alimo et al. modified with Bachrach et al. disclose the images were captured by a drone (Alimo, Figure 2A, [0036] notes images captured by an autonomous vehicle, e.g. an unmanned aerial vehicle that is configured to traverse the environment and capture images, e.g. drone 206; modified with Bachrach, Figure 1, [0021] notes FDA 100 comprises sensors 114 for capturing images (including video) and audio (e.g. a camera and microphone)).
As to claim 97, Alimo et al. modified with Bachrach et al. disclose a method comprising the method as executed by the one or more processors of claim 88. Please see the rejection and rationale of claim 88.
Claims 98-105 are similar in scope to claims 89-96, respectively, and are therefore rejected under similar rationale.
As to claim 106, Alimo et al. disclose one or more non-transitory computer-readable media comprising executable instructions, the executable instructions being executable by one or more processors to perform a method ([0049] notes process 400 of Figure 4 may be performed by executing a machine-readable program or other computer-executable instructions, such as routines, instructions, programs, or other code that may be stored in a memory of a computing device, e.g. computing device 308 of Figure 3, the process executed by a processor associated with or included in computing device 308, a personal device containing the user interface 310, or a server device, e.g. server 306), the method (process 400) comprising: receiving a 3D representation of an environment, the 3D representation including Gaussian splats representing the environment (step 420, [0051], [0052] notes extracting images, e.g. the captured images, step 430, [0058] notes filtering the images, step 440, [0059] thru [0063] notes calibrating intrinsic and extrinsic parameters associated with the captured images, step 450, [0064] thru notes creating a differentiable radiance field, e.g. a neural radiance field (NeRF) (or Gaussian Splatting (see [0054], [0055])), which may be further optimized to ensure that the resultant generated 3D reconstruction accurately reflects the real-world scene or object, step 460, [0065] thru [0067] notes continuing optimization of NeRF, step 480, [0069] notes the differentiable radiance field (e.g. NeRF or Gaussian Splatting) may or may be caused to generate the 3D reconstruction, such as 3D reconstruction 200 of the environment 100).
Alimo et al. differ from the invention defined in claim 88 in that Alimo et al. do not disclose “…the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated, the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation; receiving one or more inputs to navigate the 3D representation; and positioning, based on the one or more inputs, the virtual camera only in the particular regions in the 3D representation.”
Bachrach et al. also disclose one or more non-transitory computer-readable media comprising executable instructions, the executable instructions being executable by one or more processors to perform a method (Figure 13, [0105] notes flying digital assistant (FDA) 100 may include processor(s) 1312 and memory 1316 (which may include one or more computer readable storage mediums), where [0110] notes the one or more processor(s) 1312 run or execute various software programs and/or sets of instructions stored in memory 1316 to perform various functions for the FDA 100 and to process data; Figure 14, [0134] notes portable multifunction device (PMD) 104 may include memory 1416 (which may include one or more computer readable storage mediums) and one or more processing units 1412 which may include central processing units (CPUs) and graphics processing units (GPUs), where [0137] notes one or more processors 1412 may run or execute various software programs and/or sets of instructions stored in memory 1416 to perform various functions for the PMD 104 and to process data), the method (Figure 10D) comprising: receiving a 3D representation of an environment (Figure 9C, [0069], third step, generating a representation of a field of view of physical environment, the generated representation configured for presentation via a display of the PMD, the generated representation based in part of sensor data gathered by one or more sensors associated with an FDA in flight over the physical environment, Figure 10C, first step, presenting, via a touch display of the PMD, a visual representation of aerial view of the physical environment), the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated (Figures 9A, 9B, 9C, [0059] thru [0071], “Virtual Camera-A User Interaction Paradigm,” where [0069] notes sensor data gathered by sensors at the FDA 100 used to generate or render in real time a 3D model of the physical environment surrounding the FDA 100 while in flight, a true virtual camera may be placed in this virtual space such that the field of view may be displayed, changes in the position/orientation of the PMD 104, applied by user 102, may be translated into changes in the position/orientation of the virtual camera in the virtual 3D space (the real time rendering of the physical environment surrounding the FDA 100), these changes in the position/orientation of the virtual camera in the virtual space may be translated into commands to the flight control system of the FDA 100 to change its position/orientation to effectively capture images from onboard image capture devices to approximate the view of the virtual camera in the virtual space, accordingly, view 910a may be adjusted in response to the changes in the position/orientation of the PMD 104 because the changes are made to a virtual camera in the generated 3D model), the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation (Figure 10A, [0072] thru [0076], where [0074] notes defining motion and image capture of the FDA 100 by drawing a path 1020a in view 1010a instead of moving PMD 104, e.g. user 102 may draw a desired path to be flown by FDA 100 by dragging their finger across the touch sensitive display, thus defining an area in which to select a surface, the FDA 100 may identify an actual surface 1082a in the physical environment based on the user’s selection, accordingly, the path 1020a drawn by user 102 on surface 1080a may cause the FDA 100 to fly a path 1022a with relation to actual surface 1082a, [0075], [0076] notes example of defining path around a roof of a building, thus may be considered to “constrain” the virtual camera to move only in the defined path, e.g. particular regions, the particular regions being less than an entirety of the 3D representation (NOTE: user interactions for defining motion and image capture of the FDA 100 described but left out for simplicity further include Figure 10B, [0077] thru [0082], touch to focus, and Figure 10C, [0083] thru [0086], selecting present flying patterns, where additional user interactions include Figure 11, [0087] thru [0091], physically moving a PMD over a scale representation of the scene, and Figures 12A-12D, [0092] thru [0098], controlling the FDA 100 and images captured via predefined multi-touch gestures)); receiving one or more inputs to navigate the 3D representation (second step, receiving, via the touch display of the PMD 104, a touch gesture, the touch gesture indicating a selection of a point or area in the visual representation of the aerial view of the physical environment, where user interactions, e.g. gestures, includes those described above); and positioning, based on the one or more inputs, the virtual camera only in the particular regions in the 3D representation (third step, identifying a point of reference in the physical environment corresponding to the selected point or area, fourth step, generating control commands configured to cause the FDA to autonomously fly and/or adjust image capture relative to the point of reference, fifth step, define a reference plane relative to the point of reference, wherein the reference plane corresponds to one or more identifiable physical surfaces in the physical environment, and wherein the generated control commands are configured to cause the FDA to fly a two dimensional path at a constant or substantially constant height above the reference plane, further to additional steps, where as noted above, the defined path “constrains” the virtual camera to move only in the defined path).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Alimo et al.’s system and method of generating a 3D reconstruction of a physical environment based on images captured with Bachrach et al.’s 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated to allow a smooth experience by the user as the image capturing device (e.g. drone) moves to follow the changes in positions/orientations of the virtual camera ([0069] of Bachrach et al.).
As to claim 107, Alimo et al. modified with Bachrach et al. disclose receiving the one or more inputs to navigate the 3D representation includes receiving one or more first inputs to move the virtual camera along a first path of a first type in the 3D representation and one or more second inputs to move the virtual camera along a second path of a second type in the 3D representation, the second type different from the first type (modified with Bachrach, as noted in claim 106, user 102 may define positions/orientations by moving the PMD 104, drawing a path 1020a, indicating a point 1020b to point 1022b, selecting a preset flying pattern, and by further performing multi-touch gestures, where the path may be any desired path selected by user 102 and may include multiple paths as described, see claims 108 and 109 below for additional details for changing positions/orientations, e.g. paths, based on user inputs, e.g. gestures).
As to claim 108, Alimo et al. modified with Bachrach et al. disclose the method further comprising: moving, based on the one or more first inputs, the virtual camera along a generally circular path around a vertical axis of the 3D representation at a generally constant altitude in the 3D representation, the vertical axis located at a central position of the 3D representation (modified with Bachrach, Figure 12D, [0074] notes user may draw a path, the FDA 100 configured to travel the path 1022a defined by drawn path 1020a, while maintaining constant altitude H above physical surface 1082a, where [0095] notes user 102 may perform a “rotate” gesture which may cause the FDA 100 to orbit around a point of reference while maintaining a constant distance or altitude, [0096] notes performing maneuvers with the FDA 100, e.g. as described above, all while staying in the centered in the view of the image capture device, where [0104] further notes quadcopter, e.g. drone, may perform precise adjustments in its position (e.g. adjustments in altitude and level flight left, right, forward and backward) and orientation, including pitch (rotation about a first lateral axis), roll (rotation about a second lateral axis), and yaw (rotation about a vertical axis)); and aiming a yaw of the virtual camera at the central position of the 3D representation (modified with Bachrach, as noted above, orientation may include yaw, where the orientation may be adjusted while maintaining the point of reference centered in the field of view).
As to claim 109, Alimo et al. modified with Bachrach et al. disclose the method further comprising changing, based on the one or more second inputs, one or more of an altitude of the virtual camera in the 3D representation (modified with Bachrach, Figures 12A, 12B, increase or decrease altitude, [0093], [0094] notes “pinch to zoom” gesture to cause the FDA 100 to adjust the altitude and/or the image capture to adjust the focal length and/or a digital image processor to adjust the captured image), a distance of the virtual camera from a central position of the 3D representation (modified with Bachrach, Figures 12C, 12D, [0094] notes “two finger scroll” gesture to cause the FDA 100 to “sweep over” a point of reference while maintaining a constant relative distance t the point of reference and while keeping the point of reference centered in the view of the image capture device, [0095] notes “rotate” gesture to cause the FDA 100 to orbit around a point of reference while maintaining a constant distance or altitude), a pitch of the virtual camera (modified with Bachrach, Figure 12D, [0095] notes “rotate” gesture to cause the FDA 100 to orbit around a point of reference while maintaining a constant distance or altitude, where [0062] notes user 102 rotates the PMD 104 about a single axis, e.g. about the x axis or a pitch forward, this may cause the FDA 100 to perform a similar rotation and/or cause the image capture device(s) onboard the FDA 100 to adjust to provide the same effect, and [0104] notes quadcopter, e.g. drone, may perform precise adjustments in its position (e.g. adjustments in altitude and level flight left, right, forward and backward) and orientation, including pitch (rotation about a first lateral axis), roll (rotation about a second lateral axis), and yaw (rotation about a vertical axis)), and a field of view of the virtual camera (modified with Bachrach, Figures 12A, 12B, 12C, 12D, image capture field of view, [0093] thru [0096] notes performing maneuvers with the FDA 100, e.g. as described above, all while staying in the centered in the view of the image capture device).
As to claim 110, Alimo et al. modified with Bachrach et al. disclose a method comprising the method as executed by the one or more processors of claim 106. Please see the rejection and rationale of claim 106.
Claims 111-113 are similar in scope to claims 107-109, respectively, and are therefore rejected under similar rationale.
Response to Arguments
Applicant's arguments filed June 11, 2026 have been fully considered but they are not persuasive. Applicant argues regarding the Double Patenting rejection that “…Applicant respectfully requests that the non-statutory obviousness-type double patenting rejections of claims 88-113 be held in abeyance until allowable subject matter is indicated.” However, since the Double Patenting rejection has not been overcome, it has been maintained.
Applicant's arguments filed June 11, 2026 have been fully considered but they are not persuasive.
A. Applicant argues “Independent Claims 88, 97, 106, and 110 Are Not Rendered Obvious by Alimo in View of Bachrach” (pages 7-13 of the Amendment filed)
1. The Applied References Fail To Teach or Suggest a Gaussian Splat 3D Representation The Includes Constrained Navigation Regions (pages 8-10 of the Amendment filed)
a) Applicant argues on pages 8-9 of the Amendment filed that “…In Bachrach, the “virtual camera” is not a navigational construct within a 3D representation of an environment; rather, it is a real-time rendering interface whose purpose is to control an unmanned aerial vehicle that is in flight…” (last paragraph of page 8 continued to page 9 of the Amendment filed).
In reply, Bachrach discloses under sub-heading “Virtual Camera-A User Interaction Paradigm,” paragraphs [0059]-[0071] that the portable multifunction device (PMD) 104 may effectively act as a “virtual camera” manipulated by a user [0062], or a true virtual camera may be placed in the virtual space, the field of view from which may be displayed via a view at PMD 104 [0069]. With the latter example, a 3D model is generated of a view from the virtual camera instead of a live feed video from the flying digital assistant (FDA) 100. The 3D model of the surrounding area is captured or generated using sensors at the FDA 100, where changes in the position/orientation of the PMD 104, applied by the user, may be translated into changes in the position/orientation of the virtual camera in the virtual 3D space (the real time rendering of the physical environment surrounding the FDA 100). Sensor data gathered by sensors at the FDA 100 may be used to generate or render in real time (or near real time) the 3D model of the physical environment surrounding the FDA 100 while in flight [0069]. Thus, considering a true “virtual camera” may be placed in the physical environment, and the 3D model which is generated or rendered is of the physical environment (claimed “3D representation of an environment”), the “virtual camera” may be within the “3D representation of an environment” as claimed, further coinciding with Bachrach’s teachings of the “virtual camera in the virtual 3D space.”
b) Applicant further argues on page 9 of the Amendment filed that “…The Office Action maps Bachrach’s “drawn path” paradigm (see paragraphs [0072]- [0076]) to the claimed features of a virtual camera “constrained to move only in the particular regions”…In Bachrach, the user actively draws a desired flight trajectory at the time of use; the “constraint” is simply the user’s real-time input defining where the user wants the FDA to fly. In claim 88, by contrast, particular regions are included in the 3D representation and the virtual camera is constrained to move only in those particular regions, without any user drawing or trajectory-definition act. These features are an aspect of the 3D representation, not a user-drawn flight path for an unmanned aerial vehicle…” (first paragraph of page 9 of the Amendment filed).
In reply, claim 88 nor any other claim does not recite that particular regions are included in the 3D representation and the virtual camera is constrained to move only in those particular regions, without any user drawing or trajectory-definition act. In fact, the present invention’s specification, e.g. at least paragraph [0181], describes that the “…3D representation system may receive inputs, (for example, user inputs) to navigate the 3D representation by moving the virtual camera in the 3D representation. The user inputs may include first inputs to move the virtual camera along a first path of a first type in the 3D representation, such as horizontally along a generally circular path around a vertical axis of the 3D representation. The user inputs may also include second inputs to move the virtual camera along a second path of a second type, different from the first type, in the 3D representation…” also supported by at least claim 107 of the present application. Therefore, Bachrach’s teachings of user inputs of “drawn paths” may correlate to that of the present invention.
c) Applicant further argues on page 9 of the Amendment filed that “…The Office Action also maps Bachrach’s “preset flying patterns” as corresponding to the virtual camera “constrained to move only in the particular regions.” …However, these preset flying patterns are merely preconfigured flying flight and filming patterns that the FDA may use for various purposes, such as to autonomously track a skier down a mountain…even assuming for the sake of argument that the preset flying patterns correspond to constraining a virtual camera to move only in particular regions, which Applicant does not concede, the preset flying patterns are still not included in a 3D representation of an environment…” (last paragraph of page 9 continued to page 10 of the Amendment filed).
In reply, as noted in the Examiner’s response above, the “virtual camera” may be within the “3D representation of an environment” as claimed. Bachrach further discloses that changes in the position/orientation of the PMD 104, applied by the user, may be translated into changes in the position/orientation of the virtual camera in the virtual 3D space (the real time rendering of the physical environment surrounding the FDA 100), where these changes in the position/orientation of the virtual camera in the virtual space may be translated into commands to the flight control system of the FDA 100 to change its position/orientation to effectively capture images from onboard image capture devices to approximate the view of the virtual camera in the virtual space [0069]. Bachrach further teaches instead of a user actually defining the motion and/or image captures by the FDA, the user may “draw a path” (under sub-heading “Drawn Paths-A User Interaction Paradigm,” paragraphs [0072]-[0076]); select “touch to focus” (under sub-heading “Touch To Focus-A User Interaction Paradigm,” paragraphs [0077]-[0082]); or select “preset flying patterns” (under sub-heading “Preset Flying Patterns,” paragraphs [0083-[0085]) to control the FDA. Thus, the “virtual camera” may be within the “3D representation of an environment” as claimed, further coinciding with Bachrach’s teachings of the “virtual camera in the virtual 3D space.”
d) Applicant further argues on page 10 of the Amendment filed that for at least the reasons noted above, “…Bachrach does not teach or suggest “generating, based on the images, a 3D representation of the environment, the 3D representation including Gaussian splats representing the environment, the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated, the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation,” as recited in claim 88…” (first paragraph of page 10 of the Amendment filed).
In reply, it is noted that in the Office Action, Bachrach is used for teaching “…generating, based on the images, a 3D representation of the environment…the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated, the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation…” Alimo is relied upon for solely teaching, “…the 3D representation including Gaussian splats representing the environment…” where the combination of Alimo in view of Bachrach is cited for teaching the limitation as a whole. Based on the Examiner’s responses above, it is believed that Alimo modified with Bachrach teaches the limitation as claimed.
2. The Office Action Has Not Established an Adequate Rationale for Combining Alimo and Bachrach (pages 10-11 of the Amendment filed)
a) Applicant argues on page 10 of the Amendment filed that “…First, the rationale is premised on Bachrach’s purpose of controlling an FDA in real time, not on one potential purpose of the claimed features: that of enabling high-quality navigation of a 3D representation that includes Gaussian splats. Alimo’s process concludes with the generation of a 3D reconstruction…The concept of providing a “smooth experience as the image capturing device moves to follow the virtual camera” from Bachrach has no logical application to Alimo’s offline reconstruction context, where there is no image-capturing device to follow and no flight control system to command…” (last paragraph of page 10 of the Amendment filed).
In reply to Applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the Examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, a key aspect of Alimo’s system and method includes obtaining images of an environment captured by one or more image capturing devices. As illustrated in Figure 2A [0039], Alimo describes the image capturing device may include a drone, which a user may physically navigate through a 3D reconstruction to view the 3D reconstruction from various points-of-view. Bachrach discloses details of how a flying digital assistant, such as a drone, may be manipulated by a user to view a physical environment that may be represented as a 3D model. Thus, Alimo and Bachrach both use a user-operated drone to physically navigate through a “3D environment.” Therefore, combining of Bachrach with Alimo is to further define user manipulations that may be performed using the drone, which Alimo does not elaborate upon. The rationale is taken from paragraph [0069] of Bachrach, which gives the benefit of aspects of its invention. Therefore, it is believed the rationale to combine these references is proper.
b) Applicant further argues on page 11 of the Amendment filed that “…Second, the rationale the Office Action advances assumes that a person of ordinary skill would look to a real-time drone flight control paradigm to solve a problem - constrained navigation of a 3D representation that includes Gaussian splats - that is entirely different in nature and context from anything Bachrach addresses. Bachrach’s “smooth experience” refers to minimizing delay between the user’s PMD movement and the FDA’s physical repositioning (see paragraph [0069]), a latency problem specific to real-time aerial vehicle control. It has no bearing on the Gaussian splat viewing quality considerations that may underly the features of claim 88…” (first paragraph of page 11 of the Amendment filed).
In reply, as noted in the Examiner’s response above, a key aspect of Alimo’s system and method includes obtaining images of an environment captured by one or more image capturing devices, which may include a user manipulated drone as illustrated in Figure 2A [0039]. This is performed before any other operations are performed in Alimo, thus essential for Alimo’s invention to even work. Because Alimo does not elaborate on the details of this user manipulated drone, Bachrach is provided to further disclose how a drone may be operated by a user in a “3D environment.” Therefore, it is believed the rationale to combine these references is proper.
c) Applicant further argues on page 11 of the Amendment filed that “…Third, the Office Action’s rationale amounts to a conclusory statement - it does not identify why a person of ordinary skill would have had any reason to modify Alimo’s offline reconstruction pipeline with Bachrach’s real-time drone control paradigm, let alone how such a combination would produce the specific result of embedding constrained virtual camera regions within the 3D representation itself. This fails the standard articulated in KSR Int'l Co. V. Teleflex Inc., 550 U.S. 398, 418 (2007) (“[R]ejections on obviousness cannot be sustained with mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness…” (second paragraph of page 11 of the Amendment filed).
In reply, in response to Applicant’s argument that the Examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). As noted in the Examiner’s responses above, both Alimo and Bachrach use a user-operated drone to physically navigate through a “3D environment.” Because Alimo does not elaborate on the details of this user manipulated drone, Bachrach is provided to further disclose how a drone may be operated by a user in the “3D environment.” Therefore, it is believed the rationale to combine these references is proper.
3. Bachrach Is Not Analogous Art to the Claimed Invention (pages 11-12 of the Amendment filed)
a) Applicant argues on pages 11-12 of the Amendment filed that “…Bachrach is directed to control interfaces for unmanned aerial vehicles - specifically, paradigms by which a user controls the flight and image capture of a physical drone using a portable multifunction device. Bachrach’s field of endeavor is autonomous aerial vehicle control and human-UAV interaction, not 3D representation generation. These are distinct technical fields…As discussed in Applicant’s specification, for Gaussian splat representations, visual quality may degrade when the virtual camera moves far from the original capture positions…Bachrach is not pertinent to this problem; Bachrach addresses the problem of providing intuitive, low-latency control interfaces for physical aerial vehicle flight. A person of ordinary skill in the art of Gaussian splat 3D representation generation and navigation would not have turned to Bachrach - a real-time drone control reference - to address the problem of constraining virtual camera movement within a stored 3D representation for quality reasons… Because Bachrach is not analogous art to the claimed invention, it may not be relied upon in an obviousness rejection under 35 U.S.C. § 103. MPEP § 2141.01(a). Accordingly, the rejection of Claims 88-113 over the combination of Alimo and Bachrach should be withdrawn on this basis alone…” (last paragraph of page 11 continued to second paragraph of page 12 of the Amendment filed).
In reply to Applicant’s argument that Bachrach is non-analogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, as noted in the Examiner’s responses above, both Alimo and Bachrach use a user-operated drone to physically navigate through a “3D environment.” Because Alimo does not elaborate on the details of this user manipulated drone, Bachrach is provided to further disclose how a drone may be operated by a user in the “3D environment.” Additionally, as described throughout the present specification, e.g. at least Figure 2A, [0117], the capture system may be in the form of an aerial drone to capture images, video, 3D data, or other sensor data. Further as claimed, the “3D representation of the environment,” is generated “based on the images” captured, e.g. by the drone. Thus, just as in Alimo, the use of a drone is a key aspect in order to further perform the operations of the present invention as described. Therefore, it is believed that Bachrach is analogous art.
4. The Proposed Combination Would Change the Principle of Operation of Alimo (pages 12-13 of the Amendment filed)
a) Applicant argues on pages 12-13 of the Amendment filed that “…Even assuming arguendo that Bachrach were considered analogous art, which Applicant does not concede, the proposed modification of Alimo with Bachrach’s teachings would change the principle of operation of Alimo’s system and render it unsuitable for its intended purpose. See MPEP § 2143.01, stating “[i]f a proposed modification would render the prior art invention being modified unsatisfactory for its intended purpose, there may be no suggestion or motivation to make the proposed modification.” Alimo is a system for generating high-quality, offline Gaussian splat 3D reconstructions from captured image sets and providing those reconstructions to users for viewing. Alimo’s system is inherently post-capture and offline; its purpose is to produce an accurate, complete 3D reconstruction, not to control an active drone in flight. Incorporating Bachrach’s real-time drone flight-control paradigm - including the concept of a user drawing flight paths on a PMD display to command an airborne FDA - would fundamentally alter the nature and purpose of Alimo’s system, transforming a post-capture 3D reconstruction viewer into a real-time drone control interface. This is not a modification that “merely” adds a feature to Alimo; it replaces the core functionality of Alimo’s viewer with an entirely different operational paradigm…Moreover, as noted above, Alimo states that “[t]he 3D reconstruction 200 may be provided such that the user 202 may navigate freely through the 3D reconstruction across the three-dimensions.” Alimo at [0037]. Constraining a user to only move within a portion of a 3D reconstruction would be at cross-purposes of Alimo’s stated purpose of allowing a user to freely navigate anywhere in the 3D reconstruction…” (last paragraph of page 12 continued through first paragraph of page 13 of the Amendment filed).
In reply, as noted in the Examiner’s responses above, a key aspect of Alimo’s system and method includes obtaining images of an environment captured by one or more image capturing devices, which may include a user manipulated drone as illustrated in Figure 2A [0039]. This is performed before any other operations are performed in Alimo, thus essential for Alimo’s invention to even work. Because Alimo’s drone is user-operated, similar to Bachrach, this means the user may control the drone as desired. Because Alimo does not elaborate on the details of this user manipulated drone, Bachrach is provided to further disclose how a drone may be operated by a user in a “3D environment.” This does not take away anything from Alimo’s invention, yet specifically defines and adds the functionality of how the drone may be operated by the user, such that the user may physically navigate through the 3D reconstruction and images may be captured to further perform the additional operations as defined by the method as taught in Alimo.
b) Applicant further argues on page 13 of the Amendment filed that for at least the reasons noted above, “…Alimo and Bachrach, alone or in combination, do not teach or suggest all the features of claim 88. Accordingly, Applicant respectfully requests that the rejection of claim 88 under 35 U.S.C. § 103 be withdrawn. Regarding independent claim 97, this claim includes features at least generally similar to features of claim 88. For at least the reasons discussed with regard to claim 88, Applicant respectfully requests that the rejection of claim 97 under 35 U.S.C. § 103 be withdrawn. Independent claim 106 recites “receiving a 3D representation of an environment, the 3D representation including Gaussian splats representing the environment, the 3D representation including particular regions in which a virtual camera for viewing the 3D representation moves as the 3D representation is navigated, the virtual camera constrained to move only in the particular regions, the particular regions being less than an entirety of the 3D representation” and independent claim 110 recites at least generally similar features. As discussed herein, Alimo and Bachrach, alone or in combination, do not teach or suggest these features. For at least these reasons, Applicant respectfully requests that the rejections of claims 106 and 110 under 35 U.S.C. § 103 be withdrawn…” (second paragraph of page 13 of the Amendment filed).
In reply, for the reasons noted in the Examiner’s responses above, it is still believed that the combination of Alimo in view of Bachrach teaches the limitations of independent claim 88 as recited. Independent claims 97, 106, and 110 are similar in scope to that of independent claim 88, thus is believed that Alimo in view of Bachrach also teaches the limitations of independent claims 97, 106, and 110 as recited.
B. The Dependent Claims Are Independently Patentable (pages 13-15 of the Amendment filed)
a) Applicant argues on pages 13-14 of the Amendment filed that “…Claims 92 and 101 require that particular navigation regions be identified based on position- and/or orientation-specific quality attributes within the finished 3D representation. Alimo discloses no such region-level quality-based navigation constraint within a viewable 3D representation…” (last paragraph of page 13 continued to page 14 of the Amendment filed).
In reply, as noted in the rejection, Alimo teaches the 3D reconstruction is generated based on the obtained images from the one or more image capturing devices, e.g. a drone. The drone may be user manipulated. As further described in Bachrach, the user manipulations may include changing the positions/orientations of the drone to capture images of the “3D environment.” Alimo further discloses determining the quality of the NeRF being created, and based on the quality determination, identifying one or more hyper-parameters to optimize the quality of the 3D reconstruction. Therefore, combination of Alimo and Bachrach is believed to teach the limitations of claims 92 and 101 as recited.
b) Applicant further argues on page 14 of the Amendment filed regarding claims 93-95 that “…Neither Alimo nor Bachrach, individually or in combination, teaches the specific framework of identifying constrained navigation regions within a 3D representation based on the capture positions of the images used to generate the 3D representation and/or based on a central position of the 3D representation corresponding to a building at the center of the captured environment…” (first paragraph of page 14 of the Amendment filed).
In reply, as noted in the rejection above, Bachrach is used for teaching “constrained” movements (e.g. navigation), where a user may apply changes in the positions/orientations of the PMD 104 to change the positions/orientations of the virtual camera in the virtual 3D space, and further control the FDA 100 to change its positions/orientations to effectively capture images from the onboard image capture devices to approximate the view of the virtual camera in the virtual space. Bachrach further discloses while moving around a point of reference, the FDA 100 may adjust the orientation and/or processing of the image capture device(s) such that the point of reference remains centered in the field of view of the image capture device(s). Therefore, it is believed Alimo as modified with Bachrach teaches the limitations of claims 93-95 as recited.
c) Applicant further argues on pages 14-15 of the Amendment filed that “…Claims 107-109 and 111-113 recite a specific two-type input paradigm for navigating the 3D representation: first inputs to move the virtual camera along a first path of a first type (a generally circular path around a vertical axis at a generally constant altitude, with yaw aimed at the central position) and second inputs to move the virtual camera along a second path of a second type (adjusting altitude, distance from the central position, pitch, or field of view). This constrained, two-mode navigation paradigm - designed specifically to maintain the virtual camera within the high-quality viewing region of the 3D representation while providing intuitive orbit- and-zoom navigation - is not taught by Bachrach. Bachrach’s multi-touch cinematographer gestures (see paragraphs [0092] through [0098]) are directed to controlling the physical altitude, distance, pitch, and rotation of a drone in active flight relative to a point-of-reference subject, not to navigating a 3D representation. The correspondence between user inputs and camera behavior in the claims is specifically tailored to the 3D representation context and provides advantages described in the specification at paragraphs [0182] through [0189] that are not recognized or suggested by Bachrach’s drone control paradigm. The Office Action has not established that the combination of Alimo and Bachrach teaches or suggests these specific navigation modalities in the context of a 3D representation with constrained viewing regions…” (last paragraph of page 14 continued to page 15 of the Amendment filed).
In reply, as noted in the rejection above, Bachrach is used for teaching “constrained” movements (e.g. navigation), where a user may apply changes in the positions/orientations of the PMD 104 to in turn change the positions/orientations of the FDA 100. Bachrach further discloses a user may define positions/orientations by drawing a path, indicating a point to point, gestures, and/or selecting a preset flying pattern, each of which may be include “paths.” Bachrach further discloses these user manipulated movements may include various positions/orientations, e.g. rotations about an axis and constant altitudes. Thus, a user may define any path as well as multiple paths as described. Therefore, it is believed Alimo as modified with Bachrach teaches the limitations of claims 107-109 and 111-113 as recited.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACINTA M CRAWFORD whose telephone number is (571)270-1539. The examiner can normally be reached 8:30a.m. to 4:30p.m.
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/JACINTA M CRAWFORD/Primary Examiner, Art Unit 2617
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