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 . This Office Action is in response to Applicant’s reply filed 5/11/26. Claim 10, 13, 17-21, 25-27, and 31 are amended. Claims 10, and 13-31 are pending.
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.
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.
Claim(s) 10, 13-17, and 20-31 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication No. 2020/0384363 A1 to Kyogoku et al. (hereinafter “Kyogoku”) in view of US Publication No. 2022/0088473 A1 to Zhao (hereinafter “Zhao”).
Concerning claim 10, Kyogoku discloses a computer-implemented method comprising: detecting a switching operation performed by a user on a switching operation button of a handheld operation device for a game (Figs. 9 and 11, paragraphs [0116]-[0138]);
in response to detecting the switching operation on the switching operation button, switching from a first operation mode in which an aiming position in the game is associated with a movement of the operation device to a second operation mode in which the aiming position in the game is associated with an operation performed by the user on an aiming operation member of the operation device, or from the second operation mode to the first operation mode; generating an operation signal indicating the aiming position based on the switched operation mode of the operation device; and transmitting the operation signal to an information processing device (Figs. 9 and 11, paragraphs [0116]-[0138]).
Kyogoku discloses an acceleration sensor or a gyro sensor (paragraphs [0086], [008], [0095]), and lacks specifically disclosing, however, Zhao discloses the operation device comprising a detection unit including a rotational detection of the controller ([0066]-[0074] – detection unit detects rotational direction of controller); an aiming position of an aiming marker in the game is associated with a movement of a housing of the operation device detected by the at least one of the rotational detection, the operation signal causing the information processing device to place the aiming marker at the aiming position on a display device (Fig. 6, [0056]-[0058], [0066]-[0074] – the aiming marker of the gun is displayed and is detected based on the rotational movement of the input controller). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate showing the aiming marker on the display as shown by Zhao in the system of Kyogoku in order to improve a user’s aim while playing the game.
Concerning claims 13, 21, and 27, Kyogoku discloses an acceleration sensor or a gyro sensor (paragraphs [0086], [008], [0095]), and lacks specifically disclosing, however, Zhao discloses wherein based on the switched operation mode being the first operation mode, generating the operation signal indicating the aiming position comprises: detecting, using the detection unit of the operation device, the movement of the operation device held by the user; determining the aiming position of the aiming marker on a screen displayed on the display device based on the movement of the operation device; and executing an aiming operation command to place the aiming marker at the aiming position on the screen displayed on the display device (Fig. 6, [0056]-[0058], [0066]-[0074] – the controller functions in two operation modes, the aiming position is shown via a cursor showing on the display corresponding to the position of the controller). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate showing the aiming marker on the display as shown by Zhao in the system of Kyogoku in order to improve a user’s aim while playing the game.
Concerning claims 14, 22, and 28, Kyogoku discloses an acceleration sensor or a gyro sensor (paragraphs [0086], [008], [0095]), and lacks specifically disclosing, however, Zhao discloses wherein determining the aiming position of the aiming marker on the screen comprises: estimating, by an aiming position determination unit of the operation device, a posture and an orientation of the operation device with respect to a display area of the display device from the movement of the operation device detected by the detection unit comprising the rotational movement; and determining a coordinate value of the aiming position in the display area on the basis of the estimated posture and orientation of the operation device (Fig. 6, [0056]-[0058], [0066]-[0074] – the controller functions in two operation modes, the aiming position is shown via a cursor showing on the display corresponding to the position of the controller). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate showing the aiming marker on the display as shown by Zhao in the system of Kyogoku in order to improve a user’s aim while playing the game.
Concerning claims 15, 23, and 29, Kyogoku lacks specifically disclosing, however, Zhao discloses wherein based on the switched operation mode being the second operation mode, generating the operation signal indicating the aiming position comprises: detecting, on the aiming operation member, the operation performed by the user; determining, by an aiming position determination unit of the operation device, the aiming position of the aiming marker on a screen displayed on the display device based on the operation on the aiming operation member; and executing an aiming operation command to place the aiming marker at the aiming position on the screen displayed on the display device (Fig. 6, [0056]-[0058], [0066]-[0074] – the controller functions in two operation modes, the aiming position is shown via a cursor showing on the display corresponding to the position of the controller). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate showing the aiming marker on the display as shown by Zhao in the system of Kyogoku in order to improve a user’s aim while playing the game.
Concerning claims 16, 24, and 30, Kyogoku lacks specifically disclosing, however, Zhao discloses wherein determining the aiming position of the aiming marker on the screen comprises: determining, by the aiming position determination unit of the operation device, a coordinate value of the aiming position in a display area on the basis of the operation on the aiming operation member (Fig. 6, [0056]-[0058], [0066]-[0074] – the controller functions in two operation modes, the aiming position is shown via a cursor showing on the display corresponding to the position of the controller). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate showing the aiming marker on the display as shown by Zhao in the system of Kyogoku in order to improve a user’s aim while playing the game.
Concerning claims 17, 25, and 31, Kyogoku lacks specifically disclosing, however, Ito discloses wherein the operation device further comprises a proximity sensor, a display unit, and an imaging unit, the method further comprising: detecting, by the proximity sensor provided in a vicinity of the display unit of the operation device, a movement of the user observing the display unit; in response to detecting the movement of the user observing the display unit, switching from one of the first operation mode or the second operation mode to a third operation mode in which the aiming position is associated with a captured image obtained by the imaging unit of the operation device (Fig. 6, [0056]-[0058], [0066]-[0074] – the controller functions in multiple operation modes, the aiming position is shown via a cursor showing on the display corresponding to the position of the controller). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate showing the aiming marker on the display as shown by Zhao in the system of Kyogoku in order to improve a user’s aim while playing the game.
Concerning claims 20 and 26, see the rejection of claim 1.
Claim(s) 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kyogoku, Zhao and further in view of US Publication No. 2021/0260479 A1 to Yang (hereinafter “Yang”).
Concerning claim 18, Kyogoku discloses an acceleration sensor or a gyro sensor (paragraphs [0086], [008], [0095]) and lacks specifically disclosing, however, Yang discloses wherein the operation device further comprises an error correction unit, the method further comprising, correcting, by the error correction unit, a drift error of the gyro sensor based on the switched operation mode being not the first operation mode (paragraphs [0050]-[0057], [0227], [0229]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sensor as disclosed by Yang in the system of Kyogoku in order to provide the player a more realistic gaming experience.
Concerning claim 19, Kyogoku lacks specifically disclosing, however, Yang discloses wherein correcting the drift error of the gyro sensor comprises integrating a first relative position between a display area of the display device and the operation device and a second relative position between the display area and the operation device, wherein the first relative position is detected by the gyro sensor and the second relative position is derived from a captured image obtained by an imaging unit of the operation device (paragraphs [0050]-[0057], [0227], [0229]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sensor as disclosed by Yang in the system of Kyogoku in order to provide the player a more realistic gaming experience.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot based on the new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed in the PTO-892.
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 MALINA D BLAISE whose telephone number is (571)270-3398. The examiner can normally be reached Mon. - Thurs. 7:00 am - 5:00 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MALINA D. BLAISE
Primary Examiner
Art Unit 3715
/MALINA D. BLAISE/Primary Examiner, Art Unit 3715
Prosecution Insights