DETAILED ACTION
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 Status
After the amendments filed12/01/2025, claims 1-25 remain pending, of which, 1 and 25 were amended.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 (as well as claims 2-18 which depend from claim 1) and 25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed Invention.
Claims 1 and 25 include newly added limitations which require “An input device comprising…a tracked region in which a plurality of light-emitters are arranged and are configured to emit light captured by a camera included in the device…”. Applicant’s specification does not teach any such input device which comprises a tracked region including a plurality of light emitters and which also includes a camera which captures said light emitters in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed Invention.
Claim Rejections - 35 USC § 112(b)
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 (as well as claims 2-18 which depend from claim 1) and 25 are 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.
Claims 1 and 25 include newly added limitations which require “An input device comprising…a tracked region in which a plurality of light-emitters are arranged and are configured to emit light captured by a camera included in the device…”. It is unclear from this limitation as to the manner in which both the front and rear lights, which the light emitters emit, is captured by a camera included in the same device (i.e., how does a single camera, which is included in the input device capture light in two opposite directions of the input device). For the purposes of examination, the examiner will interpret the camera as being part of a head-mounted display which is used to capture the light emitted from the light emitters located on the input device, as is disclosed in applicant’s Specification (See Specification, ¶11).
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 (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 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) 19-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nietfeld et al (U.S. 2019/0138107).
Regarding claims 19 and 22, Nietfeld discloses that which is discussed above. Nietfeld further discloses:
an input device (Figs. 1, 2, 4, 5, 8A, 8B, controller 110) comprising:
a tracked region in which a plurality of light-emitters are provided (¶64-68, ¶83-86, Fig. 8A-8B, tracking transducers 832, 833, 834 located on controller head 810), the tracked region comprising:
a first region which forms part of an exterior surface of the input device and in which a first plurality of light-emitters are arranged (¶86, Fig. 8B depicts a rear view of the controller 800 and includes a plurality of transducers 834 on the head 810); and
a second region which forms another part of the exterior surface of the input device and in which a second plurality of light-emitters are arranged (¶86, Fig. 8A depicts a front view of the controller 800 and includes a plurality of transducers 834 located on the head 810), wherein the first plurality of light-emitters arranged in the first region and the second plurality of light-emitters arranged in the second region are located on a single virtual spherical surface (Fig. 8A, 8B, wherein the head of controller 800, comprising the rear and front facing regions, is spherical in shape).
Regarding claims 20 and 23, Nietfeld discloses that which is discussed above. Nietfeld further discloses:
at least one operation member that a user operates with his/her thumb (¶83, Fig. 8A, thumb operated controls A, B and 808),
wherein, in a plan view of the input device, the first curved surface is located on a rear side of the at least one operation member (¶86, Fig. 8B depicts a rear view of the controller 800 and includes a plurality of transducers 834 on the head 810) and the second curved surface is located on a front side of the at least one operation member (¶86, Fig. 8A depicts a front view of the controller 800 and includes a plurality of transducers 834 located on the head 810).
Regarding claim 21, Nietfeld discloses that which is discussed above. Nietfeld further discloses:
a grip that a user grips (812),
wherein the first curved surface has an arc or ring shape covering at least an upper side of the grip, in a rear view of the input device (Fig. 8B, wherein the top portion of the back head 810 is arc shaped and covers a portion of the grip 812).
Regarding claim 24, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
at least one of the first plurality of light-emitters arranged in the first region is provided on a surface facing in rear and upper directions of the input device (¶86, Fig. 8B depicts a rear view of the controller 800 and includes a plurality of transducers 834 on the head 810), and at least one of the second plurality of light-emitters arranged in the second region is provided on a surface facing in a front direction of the input device (¶86, Fig. 8A depicts a front view of the controller 800 and includes a plurality of transducers 834 located on the head 810).
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) 1-5,8,10-17 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nietfeld et al (U.S. 2019/0138107) in view of Higgins et al (U.S. 2016/0361637).
Regarding claims 1, 23 and 25 Nietfeld discloses:
an input device (Figs. 1, 2, 4, 5, 8A, 8B, controller 110) comprising:
a main body (800) including a grip (812) and at least one operation member that is configured to receive a user operation (808), the user operation being a basis of generating video by a device apart from the input device (¶37-42, motion capture system includes cameras which track movement of the controller and displays animation of the tracked movement of the controller on a display of a VR display);
a tracked region in which a plurality of light-emitters are arranged (¶64-68, ¶83-86, Fig. 8A-8B, tracking transducers 832, 833, 834 located on controller head 810) and are configured to emit light captured by a camera (¶40-43, motion capture system includes cameras which capture images of the environment in visible light and non-visible light wavelengths, wherein the transducers include tracking beacons that emit infrared light which is received by the cameras of the motion capture system), the tracked region comprising:
a first section in a rear direction from the at least one operation member in side view, the first section comprising a first plurality of light emitters of the plurality of light emitters (¶13, Fig. 8B depicts a back view of the controller 800 and includes a plurality of transducers 834 on the back portion of head 810); and
a second section in a front direction from the first section, the second section extending in a direction different from that of the first section, the second section comprising a second plurality of light-emitters of the plurality of light emitters (¶13, Fig. 8A depicts a front view of the controller 800 and includes a plurality of transducers 834 on the front portion of head 810).
However, Nietfeld does not specifically disclose that:
the camera is included in the device.
Higgins discloses:
an input device (¶62, Fig. 2, hand-held controllers 100), comprising a first section which faces a first direction (¶61, Fig. 1, Fig. 2, first cage 140 which may face an outward direction) and a second section which faces the opposite direction of the first section (¶61, second cage 142 which may face an inward direction), wherein each of the first and second sections include a plurality of light emitters (¶60, first cage 140 and second cage 142 include a plurality of illumination sources 150 positioned thereon), and wherein the light emitters are configured to emit light captured by a camera included in the device (¶60-63, illumination sources 150 are positioned to be visible to an external image capture device such as forward-looking camera 210 on head-mounted display worn by a user or an external camera separate from the head-mounted display).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to integrate the head-mounted display camera, as taught by Higgins, into the head-mounted display, as taught by Nietfeld, to capture light emitted by the light emitters, in order to provide a more enjoyable experience for users by more accurately depicting an sensing movement of the controller device (See Nietfeld, ¶4).
Regarding claim 2, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the second section extends from one of an upper portion of the main body and the first section toward another of the upper portion of the main body and the first section (Fig. 8B, wherein the front of the controller extends from a first top portion of the back side to a second top portion of the back side of the controller).
Regarding claim 3, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the second section connects an upper portion of the main body and the first section to each other (Figs. 8A, 8B, wherein the front and back of the controller are connected to the upper portion of grip 812 of the main body 800).
Regarding claim 4, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the second section has such a shape as to be located between a thumb and an edge portion of a palm of the user when the user spreads out a hand that has been gripping the grip (Fig. 5).
Regarding claim 5, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
in a plan view of the input device, the second section is located on a right or left side of an upper portion of the main body, and the second section extends from the upper portion of the main body toward the first section (Figs. 8A, 8B, wherein the front side of the controller when located on a right or left side extends from the top of grip 812 of the main body 800 and connects to the back side of the controller).
Regarding claim 8, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the second section is connected to the first section, and a connection section between the second section and the first section is spaced rightward or leftward from the grip in a plan view of the input device (Figs. 8A, 8B, wherein when spaced to face the left or right direction the front and back of the controller are connected left and right with regard to the grip 812).
Regarding claim 10, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the first section extends in a direction in which the first section intersects with the grip, in a side view of the input device (Fig. 8B, wherein the back head 810 intersects with the grip 812).
Regarding claim 11, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the first section has an upper portion having an arc shape covering at least an upper side of the grip, in a rear view of the input device (Fig. 8B, wherein the top portion of the back head 810 is arc shaped).
Regarding claim 12, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the first section has a ring shape in the rear view of the input device (Fig. 8B, wherein the back head 810 is ring shaped).
Regarding claim 13, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the first section has a ring or arc shape surrounding or covering a center line extending obliquely rearward (Fig. 4, wherein the back side of the head 810 extends rearward in an arc shape).
Regarding claim 14, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the first section is substantially circular (Fig. 8B, wherein the back head 810 is substantially circular).
Regarding claim 15, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the first section is connected to a lower portion of the grip (Fig. 8B, wherein the back head 810 is connected via the top portion of grip 812 to the lower portion of grip 812).
Regarding claim 16, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the first section is located on a rear side of a front portion of the grip in a side view of the input device (Fig. 8B, wherein the back head 810 is located on the rear side of grip 812).
Regarding claim 17, Nietfeld discloses that which is discussed above. Nietfeld further discloses that:
the first section has a ring or arc shape surrounding or covering a center line extending obliquely rearward and upward in a side view of the input device (Fig. 8B).
Allowable Subject Matter
Claims 6-7, 9 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments and amendments, see Remarks, filed 12/01/2025, with respect to the rejection(s) under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the newly found prior reference discussed above, in light of the amendments to claims 1 and 25, and a new interpretation of the previously applied reference as it pertains to claims 19 and 22.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON PINHEIRO whose telephone number is (571)270-1350. The examiner can normally be reached M-F 8:00A-4:30P ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jason Pinheiro/ Examiner, Art Unit 3715
/DMITRY SUHOL/ Supervisory Patent Examiner, Art Unit 3715