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 .
DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because of the new ground of rejection below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-7, 9-17, 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kinnebrew (US 2011/0319148 A1).
1. Kinnebrew discloses a non-transitory computer-readable storage medium comprising stored instructions for providing a location-based game, the instructions, when executed by a computing device, causing the computing device to perform operations including:
determining a first location of the computing device (i.e. A location-based event is tracked by tracing a user's mobile processing device to a particular geographical location with any given tolerance… User tracking services can be provided... by a GPS service, and/or by a specific game application (39) resident in the user's processing device), [0043];
receiving a set of content items (i.e. Events may comprise one or more individual tasks. An example of an event might be a soccer game, and an example of a task within the soccer game might be to score a goal.. Theme milestones and narrative 1028 will define the narrative of the game, or specific milestones which must be achieved by performing one or more of the virtual events and location-based events 1034, where content items include virtual events, tasks, or tokens received by the device for gameplay), [0038];
accessing a route a player associated with the computing device is expected to travel along to arrive at a second location different than the first location of the computing device (i.e. A virtual pointer 954 can be presented to the user by overlaying game data on the screen of a mobile processing device 950. The item presented is a directional arrow which may indicate to user 902 that the user should proceed in the direction of the arrow in order to retrieve the treasure in Golden Gate Park. The user will cross the location of coins 992, 994 and 996, acquiring each of the coins as the user passes through the location defined by the coins, where the system accesses and presents expected routes/paths to objectives/second locations like parks or treasure sites), [0077]-[0078];
identifying a content item from the set is associated with a third location that is within a first threshold distance of the first location and that is different than the first location and the second location (i.e. A local event will within defined distance within which a user may realistically may be expected to perform events. For example, a user may wish to perform location-based events within a particular city or within a radius outside of the city. Tokens may comprise the elements illustrated in FIGS. 9, 10 and 11, where tokens/content items are identified at third locations (e.g., coin positions) within threshold distances/radii of the player's current/first location, distinct from start and end points), [0078], [0084];
determining the third location associated with the content item is within a second threshold distance of the route the player is expected to travel along (as above, for distance thresholds, where coins/third locations are determined to be along/crossing the expected path/route, implying a second threshold for route proximity to ensure acquisition during travel), [0038];
receiving, from a camera assembly of the computing device, an image describing an environment at the first location of the computing device (i.e. Many mobile processing devices such as that illustrated in block form in FIG. 21, include an onboard camera which provides a field of view image to the user interface of the camera. A user can point a mobile processing device 950 having a field of view 960 at the same scene illustrated in FIG. 10A, where the camera captures real-world environment images at the player's location), [0046], [0077]-[0078];
determining the third location associated with the content item is in the image captured by the camera assembly of the computing device (i.e. The reference points can be determined from the GPS information and/or image matching or geometric calculations determined by the granular geographic location calculator as described above. The token location within the possible views presented by the user interface of the user's processing device are determined at 1616, where the system determines if third locations/tokens are within the captured camera view via image matching), [0088]; and
responsive to (a) the third location being within the first threshold distance of the first location, (b) the third location being within the second threshold distance of the route, and (c) the third location being in the image captured by the camera assembly of the computing device, providing for display, within the location- based game, the content item associated with the third location in conjunction with a view of the third location in the environment from a perspective of the computing device (i.e. If the view changes at 1620, the token display is updated at 1622. This continues until the task is completed at 1624; see FIGS. 10A-10C illustrating AR overlays of tokens/content on camera views conditionally based on thresholds, location, and view alignment; the display is responsive to distance thresholds (a and b) and view determination (c), providing AR overlays from the device's perspective, as in "presenting a user 902 with a location-based event using an augmented reality view in a processing device"), [0076] -[0078], [0088].
3. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein the content item is provided for display such that the content item appears to be at the third location associated with the content item in the view of the third location in the environment from the perspective of the computing device (i.e. Many mobile processing devices such as that illustrated in block form in FIG. 21, include an onboard camera which provides a field of view image to the user interface of the camera. This real time image can be overlayed with tokens and overlay data using the overlay engine to present information on game events for the player…A virtual pointer 954 can be presented to the user by overlaying game data on the screen of a mobile processing device 950... The item presented is a directional arrow which may indicate to user 902 that the user should proceed in the direction of the arrow in order to retrieve the treasure in Golden Gate Park, where overlays/content appear at associated real-world locations in the device's perspective view… The token location within the possible views presented by the user interface of the user's processing device are determined at 1616... these tokens are put into the user interface view based on the view of the user interface at any particular time, ensuring content appears at the third location from the device's perspective), [0046], [0077]-[0078], [0088], [0112].
4. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein the content item is provided for display in an interface, a position of the content item in the interface indicating the third location associated with the content item in the view of the third location in the environment from the perspective of the computing device (i.e. FIG. 9 illustrates a task selection interface 900... wherein a plurality of locations 1322, 1324, 1326 are associated with particular tasks 1312, 1314 and 1316. A map of San Francisco includes certain locations such as 'Golden Gate Park,' 'AT&T Park,' and 'Monster Park.'... In order to complete any one or more of the missions 1330 which are available via the selection interface, a user needs to travel to the given location illustrated on the map, where content positions in the interface/map indicate real-world third locations… The user will cross the location of coins 992, 994 and 996, acquiring each of the coins as the user passes through the location defined by the coins, with positions in AR interface views indicating environmental locations from the device's perspective… Tokens may comprise the elements illustrated in FIGS. 9, 10 and 11, confirming positional indication), [0074]-[0075].
5. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein a size of the content item indicates a distance between the first location of the computing device and the third location in the environment associated with the content item (i.e. FIG. 10C illustrates an alternative augmented reality... wherein instructions 965 are provided on the user interface to 'follow the coins.' The user will cross the location of coins 992, 994 and 996, where coins/content items are displayed in perspective AR views implying size scaling based on distance along the path/environment… The reference points can be determined from the GPS information and/or image matching or geometric calculations, supporting distance-based geometric scaling for content size in views… If the view changes at 1620, the token display is updated at 1622, dynamically adjusting content appearance, including implicit size indication for proximity in AR overlays), [0078], [0088].
6. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein at least a portion of the outline of the content item points to the third location in the environment associated with the content item (i.e. A virtual pointer 954 can be presented to the user by overlaying game data on the screen of a mobile processing device 950. The item presented is a directional arrow which may indicate to user 902 that the user should proceed in the direction of the arrow in order to retrieve the treasure in Golden Gate Park, where the arrow's outline/portion points to the third location/environment… A user views a billboard 1102... the augmented reality device such as augmented reality glasses 975 the user's view of the scene includes a game clue on screen 1165, with overlaid content outlines indicating/pointing to associated real-world locations), [0076]-[0078], [0080].
7. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein the operations further include: responsive to receiving an indication that the player interacted with the content item, providing for display a second route from the first location of the computing device to the third location in the environment associated with the content item (i.e. The user will cross the location of coins 992, 994 and 996, acquiring each of the coins as the user passes through the location defined by the coins, indicating interaction… If the event is completed at 412... the achievement is marked at 412 and a next event, in this case to find a bank 414 is presented to the user, where interaction/completion triggers display of next routes/paths to subsequent locations… If all event tasks are completed successfully, then the event is completed and marked completed in the game at 508, responsive to interaction, providing new content/routes), [0056], [0062], [0075]-[0078].
9. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein the operations further include: selecting the content item from the set of content items responsive to determining the computing device is moving toward the third location associated with the content item (i.e. The user will cross the location of coins 992, 994 and 996, acquiring each of the coins as the user passes through the location defined by the coins, indicating interaction… If the event is completed at 412... the achievement is marked at 412 and a next event, in this case to find a bank 414 is presented to the user, where interaction/completion triggers display of next routes/paths to subsequent locations… If all event tasks are completed successfully, then the event is completed and marked completed in the game at 508, responsive to interaction, providing new content/routes), [0056], [0062], [0075]-[0078].
10. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein the operations further include: responsive to receiving an indication that the player interacted with the content item, transmitting an instruction to initiate a transaction associated with the content item through the location-based game (i.e. A user may be directed to a local coffee shop to purchase a coffee drink. A user input for the particular location-based event of purchasing a drink at a coffee shop will include the position of the user at the coffee shop and, for example, an input by a coffee shop employee that the user has in fact utilized the game service at the coffee shop. The indicator by the coffee shop may include an entrance of a special code, using a bar scanner to identify the coffee shop purchase to the location-based gaming service 1000, transmitting instructions/initiating transactions upon interaction… the user obtains an achievement for the side event at 428, responsive to transaction-like interactions), [0079].
11. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein the operations further include: responsive to receiving an indication that the player interacted with the content item, generating in-game rewards of the location-based game for the player of the computing device (i.e. If a virtual task achievement is present and achieved, the virtual event achievement may be stored at 524… If the side event is relevant to the character, then the character is enhanced at 1540, generating rewards/enhancements upon interaction… the user obtains an achievement for the side event at 428 and returns to the narrative at 434, responsive to content interaction), [0055], [0063], [0086].
12. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein the operations further include: responsive to the content item being displayed for a threshold amount of time without the player interacting with the content item, selecting a second content item from the set of content items; and providing for display, within the location-based game, the selected second content item in conjunction with a second view of the environment from the perspective of the computing device (i.e. Tokens may comprise... locations combined with times, implying time-based content… If the view changes at 1620, the token display is updated at 1622. This continues until the task is completed at 1624, where lack of interaction (no completion) over time triggers updates/selecting new tokens/content for display in updated views; events prompted based on location/time, selecting alternatives if no interaction), [0088].
13. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein the operations further include: providing for display, within the location-based game, a virtual object, wherein the display of the content item does not obscure the virtual object (i.e. FIGS. 10A through 10C illustrate presenting a user 902 with a location-based event using an augmented reality view in a processing device, a virtual pointer 954 can be presented to the user by overlaying game data on the screen of a mobile processing device 950. The item presented is a directional arrow which may indicate to user 902 that the user should proceed in the direction of the arrow in order to retrieve the treasure in Golden Gate Park... The user will cross the location of coins 992, 994 and 996, acquiring each of the coins as the user passes through the location defined by the coins, where coins/content items are displayed alongside arrows/virtual objects without obscuring them in the AR view… This real time image [from the camera] can be overlayed with tokens and overlay data using the overlay engine to present information on game events for the player, implying integrated overlays that do not fully obscure other elements as multiple tokens/objects coexist in the scene), [0046], [0076]-[0078].
14. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 13, wherein the content item is displayed a third threshold distance away from the virtual object (i.e. instructions 965 are provided on the user interface 952 to 'follow the coins.' The user will cross the location of coins 992, 994 and 996, where coins/content items are spaced along the path at distinct positions, implying threshold distances from each other or from arrows/virtual objects… A local event will within defined distance within which a user may realistically may be expected to perform events. For example, a user may wish to perform location-based events within a particular city or within a radius outside of the city, applying multiple thresholds for content placement relative to objects; determining whether a task is complete at 1326 by determining, for example, of the locations of users 1202 and 1204 are within a given tolerance of where the user should be, using tolerances/thresholds for spacing between virtual elements), [0078], [0081], [0082],[0084].
15. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 13, wherein the operations further include: responsive to receiving an indication that the player interacted with the content item, the virtual object performs an action that directs the player to the third location associated with the content item (i.e. The user will cross the location of coins 992, 994 and 996, acquiring each of the coins as the user passes through the location defined by the coins. The user may touch, or physically pass through the treasure in order to acquire the treasure and complete the mission, where interaction with coins/content triggers progression. The item presented is a directional arrow which may indicate to user 902 that the user should proceed in the direction of the arrow in order to retrieve the treasure in Golden Gate Park, with the arrow/virtual object directing post-interaction. A determination is made at 1545 to ensure that all task elements of a particular event are complete... If all elements are complete at 1545... the event advances a story line at 1575, responsive to interactions directing to next locations via virtual actions) [0075]-[0078], [0085].
16. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein the received set of content items are identified by the computing device or another computing device performing operations including: identifying locations associated with content items that are within the first threshold distance of the first location of the computing device; and adding content items associated with locations that are within the first threshold distance to the set of content items (i.e. Token locations are retrieved [at step 1602]. The user location is retrieved by the user tracking service 1006, and based on the tokens retrieved in 1602, tokens within the user's general area are retrieved at 1606. Token locations are sent to a user's processing device at 1612, identifying and adding tokens/content to the set based on thresholds; If the event is a local event, then the user's location is determined at 1435, the user's game status is determined at 1445, and events within the user's local area are retrieved at 1450, adding content items within defined distances; events are seeded around the user based on the user location, performed by the service/device), [0084], [0088], [0090], [0094].
21. Kinnebrew discloses the non-transitory computer-readable storage medium of claim 1, wherein the content item relates to a physical object in the environment (i.e. A user 902 viewing a scene 904 of a tree 906 and picnic table 908... a user can point a mobile processing device 950 having a field of view 960 at the same scene... overlaying game data on the screen, where content overlays relate to physical objects like trees/tables; A user views a billboard 1102 having an advertisement for a car 1104 thereon... the augmented reality device such as augmented reality glasses 975 the user's view of the scene includes a game clue on screen 1165. A digital watermark may be utilized on billboard 1102, with content directly relating to physical billboards; A user may be directed to a particular coffee house to purchase a particular type of drink at a designated time... The event will be completed when the purchase is made at the location at the particular time, relating content to physical objects/locations), [0076]-[0078], [0080].
17, 19-20. Kinnebrew discloses a method comprising: determining a first location of a client device; receiving a set of content items; accessing a route a player associated with the client device is expected to travel along to arrive at a second location different than the first location of the client device; identifying a content item from the set is associated with a third location that is within a first threshold distance of the first location and that is different than the first location and the second location; determining the third location associated with the content item is within a second threshold distance of the route the player is expected to travel along; receiving, from a camera assembly of the client device, an image describing an environment at the first location of the client device; determining the third location associated with the content item is in the image captured by the camera assembly of the client device; and responsive to (a) the third location being within the first threshold distance of the first location, (b) the third location being within the second threshold distance of the route, and (c) the third location being in the image captured by the camera assembly of the client device, providing for display, within a location-based game, the content item associated with the third location in conjunction with a view of the third location in the environment from a perspective of the client device as similarly discussed above.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached USPTO form PTO-892.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David L. Lewis can be reached at (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Seng H Lim/Primary Examiner, Art Unit 3715