The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
A Request for Continued Examination (RCE) under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s RCE Response filed on 05/23/2025 has been entered.
This is a Non-Final Action responsive to communications: Applicant’s RCE Response. Applicant’s RCE Response includes an Amendment to the Claims and Remarks.
In light of the Amendment to the Clams, claims 1, 2, 4, 7-11, 13, 14, 16, 18, 20, 27, 30, and 31 have been newly amended; claim 3 has been newly canceled; and claims 32-37 have been newly added. The Amendment to the Claims has been entered and made of record. Therefore, claims 1, 2, 4, 5, 7-11, 13, 14, 16, 18, 20, 22, 23, and 26-37 are currently pending in the application. Claims 1, 9, and 20 are independent claims.
The Examiner appreciates the Applicant’s complete listing of the claims (RCE Response, pp. 2-7) as well as the comprehensive compliance (RCE Response, pp. 8-14, 18, and 19) with 37 CFR 1.173(c) and/or MPEP 1453(V)(D).
The objection to claims 10, 18, 20, and 27 (see: Final Action, pp. 4-5) has been withdrawn as necessitated by the Amendment to the Claims.
The rejection of claims 7, 11, 13, 14, 18, 27, and 30 (see: Final Action, pp. 5-6) under 35 U.S.C. 112(b) has been withdrawn as necessitated by the Amendment to the Claims.
Reissue
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceed-ing in which Patent No. 9,473,810 B2 is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is mate-rial to patentability of the claims under consideration in this reissue appli-cation.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b).
Claim Objections
Claims 7, 10, 13, 14, and 20 are objected to because of the following informalities.
Claim 7 does not fully comply with 37 CFR 1.173(b)(2)/(d)(1) which at least require “matter to be omitted by reissue must be enclosed in brackets.” In the instant case, the word “
Claims 10, 13, and 14 are each objected to because they show the first instance of the word “claim” as capitalized (e.g., “The method of Claim 9” – emphasis added). The same instances of the word “claim” in the Yerli ‘810 patent are not capitalized.
In regard to independent claim 20, lines 8-9 of the claim state “by the performance capturing device comprising a camera motion tracking module.” Similar to independent claim 9, the Examiner believes that the limitation should more properly state “by the performance capturing device comprising the camera motion tracking module” (emphasis added). That is to say, for clearer antecedent basis, the word “a” should be replaced with the word “the” in the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation “the received [pre-rendered] digital content.” There is insufficient antecedent basis for this limitation in the claim. The Examiner notes that claim 10, from which claim 11 directly depends, recites “receiving…predetermined visual effects” but does not specifically disclose “receiving the digital content” which was earlier generated in corresponding independent claim 9.
Claim Rejections - Prior Art
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 4, 5, 7-11, 13, 14, 16, 18, 20, 22, 23, and 26-31 are rejected under 35 U.S.C. 103 as being unpatentable over Piccionielli (US Patent Application Publication No. 2013/0310122, published 11/21/2013) in view of Lamb (US Patent Application Publication No. 2013/0336628, published 12/19/2013).
-In regard to substantially similar independent claims 1, 9, and 20, Piccionielli teaches a method, non-transitory computer-readable media, and system for enhancing a live performance of one or more actors in a stage environment of a live performance environment with digital content (Paragraph 6: “producing a composition…live theatrical production such as a play or opera…one or more primary components generated by…non-audience performers and one or more secondary components generated by…audience members…the Collaborative Show Production System (‘CSPS’)”), the system comprising:
a performance capturing device (Paragraph 72: “visual image captured by a video camera of a performer…video capture means”; Paragraphs 84-88: “the image of the primary component 314 captured by the camera…a live performer’s movements are tracked…by a motion tracking application in association with the CSPS”); and
a rendering engine (Paragraphs 51-52: “central site 34 (for example, a server on a wide-area network such as the Internet…primary component 14 and secondary component 26 are combined…using an appropriate application maintained at central site 34”; Paragraph 84-88: “central site 34…combining two or more audiovisual data streams”);
wherein the performance capturing device is configured capture video footage of the live performance (Paragraph 72: “visual image captured by a video camera”; Paragraphs 84-88: “primary performance component 314, an image of which is captured by the camera 215 and provided to central site 34…the image of the primary component 314 captured by the camera”) and track a movement of the one or more actors and to stream signals that are generated based on the movement of the one or more actors to the rendering engine (Paragraphs 84-88: “a live performer’s movements are tracked…by a motion tracking application in association with the CSPS, and information generated”; Figs. 4 and 5);
wherein the rendering engine is configured to:
translate the movement of the one or more actors and generating digital content based on the translated movement of the one or more actors (Paragraphs 86-88: “a live performer’s movements are tracked to control the movements of an avatar in a Virtual World environment…generating…the avatar movements…where a performer’s motions are tracked by a motion tracking application in association with the CSPS, and information generated by such motions tracked by the motion tracking application is used to animate an avatar, the resulting data regarding the animated movements of the avatar is provided to the CSPS”; Figs. 4 and 5); and
combine the digital content with the video footage of the live performance to produce a video feed (Paragraph 14: “the CSPS combines the primary component and the secondary component”; Paragraph 25: “a device enabling the viewer to view an image of a performance in combination with a secondary performance component”; Paragraph 44: “a ‘composition’ includes…any medium…digital”; Paragraph 48: “merged performances are digitally and wirelessly sent to…devices”; Paragraph 52: “primary component 14 and secondary component 26 are combined…using an appropriate application maintained at central site 34…performance 42 may be streamed in real-time”; Paragraph 56: “primary and secondary components may also be synchronously combined with the primary and/or secondary components and presented to audience members live”; Paragraph 72; Paragraphs 76-88: “generates the primary component 214 of a composition…an image of which is captured by camera 215…viewer selections from step 320 are transmitted, via telecommunication device 18 and telecommunication network 32, to central site 34, to which the image of primary component 314 captured by camera 315 is also provided…enabled to view the performance…in combination with the selected secondary performance component…such avatars and such Virtual World environment can be merged with one or more the primary components and/or one or more secondary components for display…a live performer’s movements are tracked to control the movements of an avatar in a Virtual World environment…for display thereupon…the CSPS combines…to create the augmented reality experience…where a performer’s motions are tracked by a motion tracking application in association with the CSPS, and information generated by such motions tracked by the motion tracking application is used to animate an avatar, the resulting data regarding the animated movements of the avatar is provided to the CSPS and can be displayed on telecommunication devices in the possession of participating audience members, display monitors on stage”; Figs. 4 and 5),
wherein the rendering engine is configured to stream the video feed to a display, thereby augmenting the live performance in the stage environment in real time with the digital content (Paragraph 8: “primary and secondary components are produced live”; Paragraphs 51-52: “primary component…secondary component 26 are combined…to produce the performance…streamed in real-time”; Paragraph 56: “presented to audience members live via their telecommunication devices”; Paragraph 72: “to appear on monitors next to the stage…produce the effect…through the CSPS”; Paragraphs 83-88: “central site…enabled to view the performance…in combination with the selected secondary performance component…information generated by such motions tracked by the motion tacking application is used to animate an avatar…displayed on telecommunications devices…display monitors on stage”; Figs. 4 and 5).
PNG
media_image1.png
491
651
media_image1.png
Greyscale
First (1), as noted above, Piccionielli explicitly teaches generating a digital composition by combining/merging a primary component (e.g., a live video of a stage performance) with a secondary component (e.g., audience selected photographs, videos, computer-generated graphical works, etc.) and moving avatars (i.e., digital content) generated by tracking movements of live performers (e.g., actors or musicians) from the stage performance (e.g., see: Paragraphs 83, 85-86, and 88), as well as presenting the digital composition to audience members in real-time (i.e., live) during the stage performance by streaming the digital composition to display monitors on the stage and/or to displays of telecommunication devices in the possession of the audience members. Second (2), Piccionielli does not appear to specifically teach or suggest wherein the performance capturing device comprises a camera motion tracking module. That is to say, in Piccionielli the video camera (capturing video footage of the live performance) and the motion tracking application (tracking movements of the one or more actors), each associated with the CSPS, are not explicitly disclosed as being integrated into the same device (i.e., the claimed performance capturing device).
To the extent that it could be argued that the streamed digital composition of the Piccionielli reference is not explicitly a “video feed”, the Lamb reference shows, in the same field of endeavor as the Yerli ‘810 patent and the Piccionielli reference, (1) producing and streaming a multimedia stream that includes at least a video feed, motion data, and digital content (Lamb: Paragraph 10: “generating a multimedia stream including the video, the motion data, the position signal, the audio signal, digital slide content”; Paragraphs 13-17: “combine and splice together the various data into a single multimedia stream, such as substantially in real time as the foregoing data is collected”; Paragraph 25; Paragraph 43: “Recording audio, video, and data feeds through the recording system, such as during a presentation or a demonstration”; Paragraph 67; Paragraphs 71-72: Fig. 1A). Additionally, the Lamb reference discloses (2) wherein a performance capturing device comprises a camera motion tracking module (Lamb: Paragraph 10: “initiating capture of a video with a camera defining a field of view, the camera arranged on a first side of a mobile computing device supported on a base device in Block S110; wirelessly receiving motion data from a remote device coupled to the object in Block S120; generating a position signal defining a position of the remote device within the field of view of the camera”; Paragraphs 13-17: “amass various audio, video, object motion, user input, and other relevant data streams during a presentation or similar event by interfacing with sensors within a remote device held by or arranged on a user (i.e., the object) and sensors within a mobile computing device”; Paragraph 25; Paragraph 43: “Recording audio, video, and data feeds through the recording system, such as during a presentation or a demonstration”; Paragraph 67; Paragraphs 71-72: Fig. 1A).
PNG
media_image2.png
681
518
media_image2.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the streamed digital composition of Piccionielli to have been (1) a video feed as taught in Lamb as well as for the performance capturing device of Piccionielli to have included (2) a camera motion tracking module as also taught in Lamb, because Lamb taught that said well-known functionality provided the benefits of combining all relevant data into a single feed as well as reducing the need for additional processing equipment and/or software (Lamb: Paragraph 13: “combine and splice together the various data into a single multimedia stream, such as substantially in real time as the foregoing data is collected, thereby reducing time and special equipment needed for post-processing of such disparate streams of data into a single viewable audio-visual file”; Paragraph 71: “can output a complete, processed, and searchable A/V file including disparate types of data from different sources without direct user interaction or manual input and do so with little delay following completion of the presentation and without additional processing equipment or software”). The above combination is further buttressed by the general disclosure of Piccionielli which also teaches that methods of combining two or more audiovisual data streams are well known in the art (e.g., see: Paragraph 87: “combine one or more perceptible Virtual World environment components of a performance that are not in the live performance with a live (e.g., on stage) performance…the CSPS combines an audiovisual data stream corresponding to the live performance and an audiovisual data stream corresponding to a performance in a Virtual World…Methods of combining two or more audiovisual data streams are well known in the art”).
-In regard to substantially similar dependent claims 2 and 13, the modified Piccionielli reference teaches wherein the rendering engine is implemented on a real-time render server (Paragraphs 51-52: “central site 34 (for example, a server on a wide-area network such as the Internet…primary component 14 and secondary component 26 are combined…using an appropriate application maintained at central site 34…performance 42 may be streamed in real-time”), and further comprising controlling, by the render server, at least one of a projector, a laser, a display screen, an audio/sound system, and/or holographic technology that receives the digital content from the rendering engine (Paragraph 19: “device’s display(s) to display content associated with the performance…device’s speakers and/or sound generation means to perform sonic content associated with the performance”; Paragraphs 51-52: “central site…a server…using an appropriate application maintained at central site…performance 42 may be streamed in real-time”; Paragraph 88: “displayed on telecommunications devices…display monitors on stage”).
-In regard to dependent claim 4, the modified Piccionielli reference teaches wherein the camera motion tracking module is integrated into a live stage system (Paragraph 6: “a live theatrical production, such as a play or opera…CSPS”; Paragraph 88: “a performer’s motions are tracked by a motion tracking application in association with the CSPS”; Fig. 5: 315).
-In regard to dependent claim 5, the modified Piccionielli reference teaches wherein elements of the Collaborative Show Production System (“CSPS”) communicate over various types of communication networks including wired and wireless links (Paragraph 7: “accessing a telecommunication network and transmitting and/or receiving data via a network”; Paragraph 46: “the device’s wireless communications with the CSPS”; Paragraph 48: “digitally and wirelessly sent”; Paragraphs 51-53: “selected secondary component 26 is transmitted, via…telecommunications network…to central site (for example, a server on a wide-area network such as the Internet…to which primary component 14 is also provided via a telecommunication network, a hard line or any other desired modality…Wi-Fi, blue-tooth transmission, near field communication means or another communication modality”; Figs. 2 and 5).
However, Piccionielli does not specifically teach wherein the performance capture device (Paragraph 72: “visual image captured by a video camera of a performer…video capture means”; Paragraphs 85-88: “the image of the primary component 314 captured by the camera 315 is also provided…a live performer’s movements are tracked…by a motion tracking application in association with the CSPS”) streams the signals to the rendering engine (Paragraphs 51-52: “central site 34 (for example, a server on a wide-area network such as the Internet…to which primary component 14 is also provided…primary component 14 and secondary component 26 are combined…using an appropriate application maintained at central site 34”; Paragraph 84-88: “central site 34…combining two or more audiovisual data streams”) over a wireless link. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the signals streamed from the performance capturing device to the rendering engine of Piccionielli to have sent over a wireless link, because Piccionielli taught that transmitting and/or receiving data over a wireless link was notoriously well-known in the data communication art before the effective filing date of the claimed invention. Additionally, the utilization of a wireless link was merely a simple substitution of one well-known communications modality for another to obtain predictable results (i.e., wireless data communication). Finally, the utilization of a wireless link further provided the notoriously well-known benefit of transmitting and/or receiving data within a communication system without having to connect a plurality of wires between elements of said system.
-In regard to dependent claim 7, the modified Piccionielli reference teaches wherein the rendering engine is configured to receive the input from the plurality of interactive audience devices over a wireless link (Paragraph 7: “term ‘telecommunication device’ refers to…accessing a telecommunication network and transmitting and/or receiving data via a network…cellular phones…portable computing devices”; Paragraph 46: “the device’s wireless communications with the CSPS”; Paragraph 48: “digitally and wirelessly sent”; Paragraphs 51-53: “selected secondary component 26 is transmitted…to central site…any other desired modality…Wi-Fi, blue-tooth transmission, near field communication means or another communication modality”; Figs. 2 and 5).
-In regard to substantially similar dependent claims 8 and 11, the modified Piccionielli reference teaches wherein the rendering engine is configured to receive signals indicating audience demographic and profile data (Paragraph 19-20: “authorization for the CSPS to access location data…user information…preferences…secondary producers…have in their possession telecommunications devices enabling access to information stored thereon…stored contacts, stored device location history…other sources of personal information…devices may be mined for data”; Paragraph 120: “personal and locational information available in the CSPS regarding participating audience members can be used”), selecting the at least a part of the received digital content based on the received audience demographic and profile data, and to augment the live performance with the digital content based on the signals from the performance capturing device and the signals indicating audience demographic and profile data (Paragraph 17: “performance sponsor’s or an advertiser’s message might be displayed…in accordance with the location”; Paragraph 20: “such devices may be mined for data…the mined data may be incorporated, in whole or in part, into the secondary component…mined data may be used by the CSPS as one or more selective criteria to provide one or more secondary components”; Paragraphs 118-120: “CSPS…can be used to send advertisements, coupons, etc…personal and location information…will appear on a selected participating audience member’s telecommunication device display”).
-In regard to dependent claim 10, the modified Piccionielli reference teaches further comprising receiving, by the rendering engine, predetermined visual effects and at least a part of the digital content with which the live performance is augmented including the predetermined visual effects (Paragraph 20: “such as digitally stored photographs, stored videos…incorporated, in whole or in part, into the secondary component…to provide one or more secondary components”; Paragraphs 76-80: “selects a secondary component 226...first by specifying a category from a first listing of options…image of the primary component 214 and the selected secondary component 226 are combined…secondary producer 216 is enabled to actually generate his or her own secondary component(s) 226 for combination with primary component 214…add his or her graphical, photographical or videographical creation”; Paragraphs 84-88: “enabled to view the performance…in combination with the selected secondary performance component…a background display of rockets…can be displayed on…display monitors on stage”; Figs. 4 and 5).
-In regard to dependent claim 14, the modified Piccionielli reference teaches wherein the rendering engine is implemented on a real-time render server (Paragraphs 51-52: “central site 34 (for example, a server on a wide-area network such as the Internet…primary component 14 and secondary component 26 are combined…using an appropriate application maintained at central site 34…performance 42 may be streamed in real-time”), and further comprising transmitting, by the render server, output data to a plurality of interactive audience devices (Paragraph 56: “presented to audience members live via their telecommunication devices”; Paragraph 88: “can be displayed on telecommunication devices in the possession of participating audience members”).
-In regard to dependent claim 16, the modified Piccionielli reference teaches further comprising transmitting the augmented live performance to a social platform (Paragraph 7: “audience members are present via an online means (such as by teleconferencing)…online gaming technology…virtual world technology”; Paragraph 88: “can be displayed on telecommunications devices…other computers not physically in the venue”; Paragraphs 107-108: “CSPS and made available via…the Internet…website is configured to aggregate such secondary producer audiovisual signal feeds”; Paragraph 119: “CSPS interfaces or is otherwise in communication with social media technology, such as Facebook…provide one or more such persons with an audio, visual or audiovisual feed of the performance”).
-In regard to dependent claim 18, the modified Piccionielli reference teaches wherein a plurality of interactive audience devices are configured to display augmented reality content (Paragraphs 84-88: “provide to an augmented reality experience to audience members…can be provided to the audience members’ telecommunications devices”).
-In regard to dependent claim 22, the modified Piccionielli reference teaches wherein the plurality of interactive audience devices are configured to display augmented reality content (Paragraphs 84-88: “provide to an augmented reality experience to audience members…can be provided to the audience members’ telecommunications devices”).
-In regard to dependent claim 23, the modified Piccionielli reference teaches wherein the rendering engine is configured to receive the input from the plurality of interactive audience devices over a wireless link (Paragraph 7: “term ‘telecommunication device’ refers to…accessing a telecommunication network and transmitting and/or receiving data via a network…cellular phones…portable computing devices”; Paragraph 46: “the device’s wireless communications with the CSPS”; Paragraph 48: “digitally and wirelessly sent”; Paragraphs 51-53: “selected secondary component 26 is transmitted…to central site…any other desired modality…Wi-Fi, blue-tooth transmission, near field communication means or another communication modality”; Figs. 2 and 5).
-In regard to dependent claim 26, the modified Piccionielli reference teaches wherein the rendering engine is implemented on a real-time render server (Paragraphs 51-52: “central site 34 (for example, a server on a wide-area network such as the Internet…primary component 14 and secondary component 26 are combined…using an appropriate application maintained at central site 34…performance 42 may be streamed in real-time”), and wherein the input from the plurality of interactive audience devices is received over a wireless link (Paragraph 7: “term ‘telecommunication device’ refers to…accessing a telecommunication network and transmitting and/or receiving data via a network…cellular phones…portable computing devices”; Paragraph 46: “the device’s wireless communications with the CSPS”; Paragraph 48: “digitally and wirelessly sent”; Paragraphs 51-53: “selected secondary component 26 is transmitted…to central site…any other desired modality…Wi-Fi, blue-tooth transmission, near field communication means or another communication modality”; Figs. 2 and 5).
-In regard to substantially similar dependent claims 27-30, the modified Piccionielli reference teaches wherein the rendering engine is configured to receive input from a/the plurality of interactive audience devices and to augment the live performance with digital content generated based on the signals from the performance capturing device and the input from the plurality of interactive audience devices (Paragraph 14: “CSPS combines the primary component and the secondary component…provides the secondary component to the primary producer using one or more telecommunication devices”; Paragraphs 58-59: “a plurality of secondary producers participate in the production of the composition…telecommunication devices 18…combining primary component 14 and one or more secondary components”; Paragraphs 83-88; Figs. 2, 4, and 5).
-In regard to dependent claim 31, the modified Piccionielli reference teaches wherein the rendering engine is implemented on a render server (Paragraphs 51-52: “central site 34 (for example, a server on a wide-area network such as the Internet…primary component 14 and secondary component 26 are combined…using an appropriate application maintained at central site 34…performance 42 may be streamed in real-time”).
Claims 32-37 are rejected under 35 U.S.C. 103 as being unpatentable over Piccionielli (US Patent Application Publication No. 2013/0310122, published 11/21/2013) in view of Lamb (US Patent Application Publication No. 2013/0336628, published 12/19/2013) in further view of Bergeron (US Patent Application Publication No. 2010/0253700, published 10/07/2010).
-In regard to substantially similar dependent claims 32, 34, and 36, the modified Piccionielli reference teaches wherein the digital content moves by at least mirroring the translated movement of the one or more actors (Paragraphs 86-88: “a live performer’s movements are tracked to control the movements of an avatar…generating…the avatar movements…where a performer’s motions are tracked by a motion tracking application in association with the CSPS, and information generated by such motions tracked by the motion tracking application is used to animate an avatar, the resulting data regarding the animated movements of the avatar is provided to the CSPS”). However, the modified Piccionielli reference does not explicitly teach or suggest that the digital content moves in reaction to the translated movement of the one or more actors.
In the related art, the Bergeron reference teaches moving digital content in reaction to a translated movement of one or more actors (Bergeron: Paragraph 7: “present real-world interactions with digitally-created holographic-like virtual objects (or volumetric virtual objects)…Data can be acquired about physical position or orientation of a real-world physical object (e.g., actor, game player, props, sets, cars, etc.). The data can then be used to determine where or when the volumetric virtual object will be located. A system of computer systems and projectors can project digital images onto the physical world in a manner where digital images appear to fully interact with the object from one or more viewers’ perspectives”; Paragraphs 10-11: “sensors can be used to track position information of an object (e.g., performer eyes, hands, props, etc.). An image processing computer can be used to predict movement of the object and then project an image at a predicated location”; Paragraphs 20-21: “system 110 uses the data to create new virtual entities, characters or effects”; Paragraphs 31-33 and 52-69; Fig. 1).
PNG
media_image3.png
476
749
media_image3.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the moving digital content of Piccionielli to have moved in reaction to the translated movement as taught in Bergeron, because Bergeron taught that said functionality provided the benefit of allowing physical objects to interact (unscripted) with virtual objects in the real-world (Bergeron: Paragraphs 7-8: “Such an approach provides for creating 3-D real-time interactions between real and virtual environments in the real world, effectively eliminating an electronic viewing apparatus, or at least a perception of a viewing apparatus”; Paragraphs 47 and 55: “may or may not be scripted. In other words they can improvise. One should appreciate that the interactions are not required to be scripted beforehand as with previous known systems”).
-In regard to substantially similar dependent claims 33, 35, and 37, the modified Piccionielli reference does not explicitly teach or suggest that the movement of the digital content differs from the translated movement of the one or more actors.
In the related art, the Bergeron reference teaches that movement of digital content differs from translated movement of one or more actors (Bergeron: Paragraph 7: “present real-world interactions with digitally-created holographic-like virtual objects (or volumetric virtual objects)…Data can be acquired about physical position or orientation of a real-world physical object (e.g., actor, game player, props, sets, cars, etc.). The data can then be used to determine where or when the volumetric virtual object will be located. A system of computer systems and projectors can project digital images onto the physical world in a manner where digital images appear to fully interact with the object from one or more viewers’ perspectives”; Paragraphs 10-11: “sensors can be used to track position information of an object (e.g., performer eyes, hands, props, etc.). An image processing computer can be used to predict movement of the object and then project an image at a predicated location”; Paragraphs 20-21; Paragraphs 31-33 and 52-69: “The wizard will lift his hand, at which point the fairy will land on the wizard's hand with great precision…projecting the fairy at expected locations possibly determined by one or more image processing computers…To make sure the CGI character can fly around the wizard’s head, the data from performer A playing the wizard can be captured as well, and fed into the same motion capture software, possibly running on a image processing computer, and/or a projector controller…The software can then position the fairy in relation to the wizard, near his head, or on his hand, for example”; Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the movement of the digital content in Piccionielli to have differed from the translated movement as taught in Bergeron for the same rationale as discussed directly above with regard to substantially similar dependent claims 32, 34, and 36.
Response to Arguments
Applicant’s arguments (e.g., see: Remarks, pp. 14-17) with respect to independent claims 1, 9, and 20 have been fully considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. Please note the relevant cited prior art listed on the accompanying Notice of References Cited (Form PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam L Basehoar whose telephone number is (571)272-4121. The examiner can normally be reached 8:00AM - 4:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Kosowski can be reached at 571-272-3744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM L BASEHOAR/
Primary Examiner, Art Unit 3992
Conferees:
/JOSHUA D CAMPBELL/Primary Examiner, Art Unit 3992
/ALEXANDER J KOSOWSKI/Supervisory Patent Examiner, Art Unit 3992
Prosecution Insights