Ex Parte Miller - Page 6


              Appeal 2007-1203                                                                                                
              Application 10/420,140                                                                                          

              claimed “vector normal to a viewing surface”), as shown in FIG. 5, and described                                
              as follows:                                                                                                     

                      In other words, as FIG. 5 indicates, even when the sizes of the normal                                  
                      vectors N at the individual vertices are equal to one another, their Z                                  
                      components vary depending upon the angle formed by the planar                                           
                      surface of the polygon and the direction of the line-of-sight, and the                                  
                      closer the angle formed by the planar surface of the polygon and the                                    
                      direction of the line-of-sight becomes to 90°, the larger the Z                                         
                      component of the unit normal vector becomes [emphasis added].                                           
                      (Shinohara, col. 9, ll. 15-23).                                                                         

                      We acknowledge that Shinohara’s transparency function (see col. 7, l. 44) is                            
              different from the exemplary transparency function described by Appellant in the                                
              Specification.1  Nevertheless, we note that the broad language of the claim merely                              
              requires “modulating a transparency of an image of the object as a function of the                              
              angle of incidence” (claim 1, emphasis added).  In particular, we note that the Z                               
              component (Nz) of the unit normal vector at each vertex is incorporated as a                                    
              variable in Shinohara’s transparency function (col. 7, l. 44, see also FIG. 5).                                 
              Because Shinohara discloses the magnitude of the Z components (i.e., Nz as shown                                
              in FIG. 5) depends upon (i.e., is a function of) the angle (i.e., angle of incidence)                           
              formed by the planar surface of the polygon and the direction of the line-of-sight                              
              (i.e., corresponding to the recited “vector normal to a viewing surface”), we find                              
              that Shinohara discloses all that is claimed.  Therefore, we will sustain the                                   
              Examiner’s rejection of representative claim 1.                                                                 

                                                                                                                             
              1  See Specification, p. 5, ll. 14-15, i.e., “For example, a cosine function applied to                         
              an angle of incidence of zero at cube face 200 yields a modulating factor of one.”                              

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