Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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 1-6, 8-9, 11, 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg (US 6,526,158) in view of Vijayan (2020/0005284), and Barney (US 2012/0295710).
Claim 1. Goldberg discloses an attraction system of an amusement park, the attraction system (theme park; abstract, cols. 4:49-52, 6:13-21) comprising:
a sensor configured to detect an activity of a user (camera recording ,motions of the patron performing a task, col. 29:21-31) in an interactive attraction area (51 in Fig. 15; cols. 29:5-30 or other readers cols. 8:32-12:26); and a
controller, comprising one or more processors (col. 17:38-51) , wherein the one or more processors is configured to:
receive, from the sensor, an indication of the activity (51 in Fig. 15; cols29:5-30);
in response to receiving the indication, initiate capture of a piece of digital media via a camera (269 in Fig. 15; cols. 22:57-23:15, 29:25);
modify the piece of digital media based on the detect activity (23:18-24:61);
store the modified piece of digital media (col. 6:44-65, 24:62-25-63).
Goldberg discloses the claimed invention as discussed above but fails to teach that the controller is configured to mint a non-fungible token (NFT) associated with the modified piece of digital media, activate a special effect on the reference object based on the indication of the detected activity, and grant access to a virtual area in a game or application or a physical area of the interactive attraction based on confirmation of the NFT being associated with the user. However, such modification would have been obvious to one of ordinary skilled in the art as discussed below.
In an analogous art to storing media, Vijayan discloses that the virtually any media can be tokenized into a digital collectable and minted as a non-fungible token (paragraph 68). The NFT can have multifunction programmable use cases including as rewards, private access to premium content and experiences, as discounts toward the purchase of goods, among many other value-added use cases. Furthermore, they are not bound to the restrictions of their native environments, allowing them to be transferred into and used by 3rd party applications and platforms. It would have been obvious to one of ordinary skilled in the art before the effect filing date to modify Goldberg’s invention and mint an NFT associated with the captured image in order to provide the predictable of providing programmable use with the image and allow 3rd party applications.
In addition, Vijayan discloses that the virtually any media can be tokenized into a digital collectable and minted as a non-fungible token (paragraph 68). The NFT can have multifunction programmable use cases including as rewards, private access to premium content and experiences, as discounts toward the purchase of goods, among many other value-added use cases. Furthermore, they are not bound to the restrictions of their native environments, allowing them to be transferred into and used by 3rd party applications and platforms. An interactive area such as a virtual area in a game or application is considered to be an access to a premium content and experience. Therefore, it would have been obvious to one of ordinary skilled in the art before the effect filing date to modify Goldberg’s invention and provide user access to an interactive area comprising access to a virtual area in a game or application based on a confirmation of the NFT being associated with the user since Vijayan discloses that NFTs can have multifunction programmable use cases including private access to premium content and experiences.
In an analogous art to interactive devices, Barney discloses a reference object, used by a user to perform an activity by moving the reference object (Fig. 1). Barney discloses the reference object comprises a special effect (the ability to produce light, vibration or other sound effects based on signals received through the SRRF module, paragraph 246) based on the indication of the detected activity (to complement the operation of the wand and/or the effects achieved; paragraph 246). This feed indicates that the player performed the activity. In addition, the special effect would provide a more immersive experience to the user. It would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Goldberg’s invention and incorporate a special effect on the reference object based on the indication of the detected activity in order to provide the predictable result of indicating that the player performed the activity and provide a more immersive experience.
Claim 2. Goldberg discloses the attraction system of claim 1, wherein the one or more processors is configured to identify the user and a media library (col. 13;41-38) associated with the user based on identification data detected by an identity sensor (col. 6:31-42.57-60, 8:32-12:26).
Claim 3. Goldberg discloses the attraction system of claim 2, wherein the identity sensor comprises a facial recognition camera, a radio-frequency identification (RFID) sensor, a motion characteristic sensor, or a combination thereof (RFID, facial recognition, etc.; col. 6:31-42.57-60, 8:32-12:26).
Claim 4. Goldberg discloses the attraction system of claim 2, wherein the one or more processors is configured to transmit the piece of digital media to the media library associated with the user based on capture of the piece of digital media (col. 6:44-65).
Claim 5. Goldberg disclose the attraction system of claim 1, wherein the sensor is one of a plurality of sensors configured to detect the activity by monitoring a reference object associated with the user (i.e., ID tag; cols. 6:25-42, 8:32-12:26).
Claim 6. Goldberg discloses the attraction system of claim 5, wherein the reference object comprises an RFID chip storing data associated with an account of the user (cols. 6:25-42, 8:32-10:55).
Claim 8. Goldberg discloses the attraction system of claim 1, wherein the piece of digital media comprises an image or video of the user performing the activity (image and/or video, cols. 15:40-16:25, 17:34-19:50, 29:5-30).
Claim 9. Goldberg discloses he attraction system of claim 8, wherein the one or more processors is configured to capture the piece of digital media by retrieving previously recorded data in response to detection of the activity by the sensor (retrieved from memory for later retrieval at kiosk, home, etc.; cols. 6:44-65; 15:40-16:25, 17:34-19:50, 29:5-30).
Claim 11. Goldberg discloses the attraction system of claim 1, wherein the one or more processors is configured to incorporate augmentation media into the piece of digital media (image may be modified, cols. 23:19-2458).
Claim 18. Goldberg discloses the method of claim 12, wherein initiating capture of the piece of media comprises selecting media from previously recorded media (retrieved from memory for later retrieval at kiosk, home, etc.; cols. 6:44-65; 15:40-16:25, 17:34-19:50, 29:5-30).
Claim 21. Goldberg discloses the attraction system of claim 1, wherein the one or more processors is configured to: control a lighting system, a sound system, or a combination thereof to produce a first effect concurrently with capturing the piece of digital media (The processor is configured to control a sound system or lighting system such as a sonic transmitter or a pulsed light output means to obtain identification information and speakers; cols. 3:2-5, 6:44-56, 8:46-65, 10:34-54, 28:17-60.),
Claim 22. Goldberg discloses attraction system of claim 21, wherein the one or more processors is further configured to: determine that the indication of the detected activity is associated with a movement of the reference object; and activate the first effect based on the determination (col. 3:2-5, 6:44-56, 8:46-65, 10:34-54, 28:17-60, 29:6-30:2).
Claim 23. Goldberg discloses the attraction system of claim 22, wherein the one or more processors is further configured to: modify the piece of digital media with an overlaid shape (Goldberg discloses the digital media is modified by an overlaid shape (i.e. scar, eye patch, bandanna; col. 24:10-15). However, Goldberg fails to explicitly state that the overlaid shape is based on the indication of the detected activity movement of the interactive object. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. Goldberg discloses that user activity is detected and the user image is captured (col. 29:20-46). Goldberg discloses that the image is modified and various effects are applied to the images based on a detected activity (col. 29:47-30:3). Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Goldberg’s invention and modify the digital media with an overlaid shape based on the detected activity since Goldberg discloses that the image is modified and various effects are applied to the images based on a detected activity. Such modification would provide the predictable result of modifying the image according to the theme within the interactive environment and the user activity.
Claims 7, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Goldberg (US 6,526,158) in view of Vijayan (2020/0005284), and Barney (US 2012/0295710) as applied to claims 5, and 9 above, and further in view of Yeh (US 2020/0193706).
Claims 7, 10. Goldberg in view of Vijayan and Barney discloses the claimed invention but fails to teach that (claim 7) sensor is configured to detect a signal emitted by a motion sensor of the reference object; (claim 10) the activity comprises a gesture that correlates to a gesture template; and (claim 17) generating the AR elements to include a shape of a path defined by a gesture performed with the reference object as the activity. Nevertheless, such modification would have been obvious to one of ordinary skilled in the art. In an analogous art attraction systems, Yeh discloses a system that generates augmented images based on interactions in an amusement park (paragraphs 6-7). Yeh discloses a sensor on a mobile device (26 in Fig. 1) or auxiliary device (30 in Fig.1) comprising a motion sensor (paragraphs 29, 29, 31, 35-36, 40). Based on the user interaction augment reality images are generated (paragraphs 30-40). The system receives the signal from the reference object (mobile device/axillary device) (paragraphs 29, 38) or other physical objects (Fig. 2). The activity can be a gesture that correlates to gesture template (known patterns of hand gestures or movements, paragraphs 40, 46-48). The activity can also be a shaped of a path performed by the reference object (Fig. 3, paragraphs 46) which is used to create augment reality (AR) experience and generate an AR image (paragraphs 17-18, 46-48). Yeh’s invention provide an interactive experience. It would have been obvious to one of ordinary skilled in the art before the effective filing date to modify Goldberg’s invention and detect signals from a motion sensor of a reference object; detect a user gesture from a gesture template, and detect a path of a gesture to generate the AR element in order to provide the predictable result of providing an interactive experience for the user.
Allowable Subject Matter
Claims 12-13, 16-20 are allowed.
Response to Arguments
35 USC 112
The 112 rejection is withdrawn in view of the claim amendments.
35 USC 103
New ground of rejection has been made to address the amended limitations using previously cited art.
Claim 1 has been amended to incorporate the claim limitation of, grant access to a virtual area in a game or application or a physical area of the interactive attraction based on confirmation of the NFT being associated with the user. As indicated in the rejection, Vijayan discloses that the NFT can have multifunction programmable use cases including as rewards, private access to premium content and experiences, as discounts toward the purchase of goods, among many other value-added use cases. Furthermore, they are not bound to the restrictions of their native environments, allowing them to be transferred into and used by 3rd party applications and platforms. An interactive area such as a virtual area in a game or application is considered to be an access to a premium content and experience. Therefore, it would have been obvious to one of ordinary skilled in the art before the effect filing date to modify Goldberg’s invention and provide user access to an interactive area comprising access to a virtual area in a game or application based on a confirmation of the NFT being associated with the user since Vijayan discloses that NFTs can have multifunction programmable use cases including private access to premium content and experiences.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Jasson H Yoo whose telephone number is (571)272-5563. The examiner can normally be reached M-F 9am-5pm.
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/JASSON H YOO/ Primary Examiner, Art Unit 3715