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 .
The applicant’s argument and amendment received on 09/23/2025 has been considered. It is noted that claims 1 and 13-15 have been amended. Claims 6 and 16 had been cancelled.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5 and 7-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 2018/0288391) in view of Bradski et al (US 2016/0026253), Nguyen (US 2011/0092271), and Kuffner et al (US 2020/0013214).
Regarding claims 1 and 13-15: Lee et al discloses a system for providing a virtual space to a plurality of players, the system comprising: circuitry configured to: output, to a first terminal of a first player, an image of the virtual space and a first avatar corresponding to the first player (see abstract; paragraphs [0142], [0146], [0147]); at a predetermined timing, capture a virtual image of at least the first avatar in the virtual space and generating image information including the captured virtual image (see paragraphs [0142]-[0146]); and output at least a part of the image information to a second terminal not belonging to the first player (see paragraphs [0029], [0057]).
In an analogous invention, Bradski et al teaches wherein the at least a part of the image information is output to the second terminal such that the first avatar in the virtual space is simultaneously displayed to a plurality of players to which the second terminal does not belong, the virtual image is captured using a virtual camera in the virtual space, and the virtual camera moves relative to the first avatar such that a position of the virtual camera changes over time (see paragraphs [0185], [0381], [0601], [0650], [0654], and [1378]).
In an analogous invention, Nguyen teaches at least a part of the image information is output to the second terminal such that the first avatar in the virtual space is simultaneously displayed to a plurality of players simultaneously viewing the single second terminal, the second terminal not belonging to the plurality of players (see figure 2A; paragraphs [0044]-[0048], showing a community display that displays avatars in the virtual world to the plurality of players simultaneously, where the community is a secondary display different from the individual displays that belong to the players).
In an analogous invention, Kuffner et al teaches the virtual camera is equipped to a virtual object that moves independently of the first avatar and that moves toward the first avatar to capture the virtual image including the first avatar at the predetermined timing (see paragraph [0020], showing controlling the viewpoint of such virtual camera may be a complex process for a novice user. For example, the user may utilize a 2D input such as a mouse (e.g., by changing position of mouse and clicking) and/or a 1D input such as a scrollbar of the mouse to control the viewpoint of the virtual camera. In this example, the user may be utilizing three independent inputs to control a six-dimensional viewpoint (e.g., 3D position of the virtual camera and 3D orientation of the virtual camera). For example, if the 2D input is mapped to a rotational path for the virtual camera, the viewpoint of the virtual camera may become closer to the virtual object/ avatar or even inside the virtual object, or a line-of-sight of the virtual camera may focus substantially away from the virtual object).
It would have been obvious to a person of ordinary skill in the art at the time of the invention to modify Lee et al’s virtual space, predetermined time, and avatar as taught by Bradski et al’s method and system for creating a virtual image, Nguyen’s community display, and Kuffner’s virtual camera being independent of the virtual image for the purpose of providing virtual information and image in virtual space. This yields the expected result of increasing the user’s enjoyment and satisfaction in the game.
Regarding claim 2: Lee et al discloses wherein the predetermined timing is a timing after an end of an activity within the virtual space (see paragraph [0144]).
Regarding claim 3: Lee et al discloses wherein a configuration of the captured virtual image differs according to a result of activity within the virtual space (see paragraph [0144]).
Regarding claim 4: Lee et al discloses wherein the virtual image is captured according to an operation by the first player (see paragraph [0142]).
Regarding claim 5: Lee et al discloses wherein a result of activity within the virtual space is displayed in the virtual space when the virtual image is captured (see paragraph [0142]).
Regarding claim 7: Lee et al discloses wherein a position of the first avatar in the virtual space is identified in accordance with a position and/or an orientation of the first terminal and/or a device associated with the first terminal, and the virtual image is captured from the position of the virtual camera (see paragraph [0144]).
Regarding claim 8: Lee et al discloses wherein the virtual image is generated based on information detected by the first terminal and/or a device associated with the first terminal (see paragraphs [0005]-[0008]).
Regarding claim 9: Lee et al discloses wherein the image information includes download information of a URL for downloading the virtual image or a barcode encoding the URL (see paragraph [0097], showing a web storage accessible over the internet).
Regarding claim 10: Lee et al discloses wherein the at least a part of the image information is output such that at least one of the captured virtual image and the download information is displayed on the second terminal (see paragraphs [0029], [0057]).
Regarding claim 11: Lee et al discloses wherein the at least a part of the image information is output such that the captured virtual image is displayed on the second terminal (see paragraphs [0029], [0057]).
Regarding claim 12: Lee et al discloses wherein the image information is output for storage in a server (see paragraph [0059]).
Response to Arguments
Applicant’s arguments with respect to claims 1-5 and 7-15 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715