DETAILED ACTION
Claims 1, 3, 5 and 6 have been amended.
Claims 9-12 have been added.
Claims 1-12 are pending.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/20/26 has been entered.
Response to Arguments
Applicant’s arguments with respect to the 102 rejection of claims 1, 5 and 6 (see applicant’s remarks; pages 10-13) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In particular, the examiner has introduced Chiba to disclose the amended limitations “providing cheering associated with an event, using a cheering service system comprising a room memory that stores, for each of a plurality of rooms, a room identifier in association with room entrant identifiers of supporters who have entered the room” and “…an external cheering relay system configured to receive, from a plurality of cheering service systems including the cheering service system, images or audio as respective sources, to store, for each of the sources, an input identifier in association with source attribute information, to receive from a cheering receiving system a request specifying source attribute information, to select the source corresponding to the input identifier associated with the specified source attribute information, and to transmit the selected source to the cheering receiving system from which the request is received”, as shown in the rejection below.
Further, the applicant argues (see applicant’s remarks; page 14) that Akram does not teach the amended claim 3. The examiner notes that Akram is not relied upon to disclose claim 3, instead Chiba has been introduced to disclose the amended limitation, as shown in the rejection below.
Claim Interpretation
Regarding claims 1-8, the claims recite alternative language, i.e. using the term “or”, and as such, the Examiner interprets certain features to not be required due to the claim language listing the features in the alternative. The rejection below specifies the particular limitations.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Akram et al. (U.S. 2011/0246908 A1) in view of Chiba et al. (U.S. 2023/0013365 A1).
Regarding claim 1, Akram discloses a method comprising:
sharing an image or audio of the supporters among the supporters who have entered the same one of the plurality of rooms on each of supporters’ devices (see Akram; paragraphs 0050, 0053, 0091, 0108, 0123 and 0124; Akram discloses enabling the voice and video chat channel including visual representations, such as avatars, i.e. “an image”, for members/users of the shared environment, i.e. “supporters who have entered the same one of the plurality of rooms”, including the voice and video chat channel. The avatars may perform applauding and cheering and include audio effects of the clapping or cheering, i.e. “sharing an image or audio of the supporters”, that is displayed on the electronic media devices, i.e. “on each of the supporters’ devices” in the shared environment, i.e. “room”. The shared environment is stored in a database, i.e. “room stored in the room memory”. Further, there can be different environments, i.e. “one of the plurality of rooms”. The examiner notes that according to the applicant’s specification, a room is a place where multiple supporters share their own image and audio online; see applicant’s specification as filed; paragraph 0038) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives);
transmitting the image or audio of a room or a supporter selected from the plurality of rooms to an external cheering receiving system that provides the transmitted image or audio of the room or the supporter selected from the room to viewers through one or more of: output devices at the event site for the event, TV broadcasts, and online distribution (Akram; paragraphs 0055, 0056, 0079, 0091, 0092, 0108, 0123 and 0124; Akram discloses the server i.e. “external cheering receiving system”, being used is a streaming server connected to client electronic media devices having Internet connectivity via at least one network. A friend’s electronic media device sending avatar data, which includes the actions and audio effects, i.e. “the image or audio”, such as cheering, to a user’s media device, via the server, displayed in the shared environment, i.e. “room”. The avatar data is stored at the server and provided to the electronic media devices. The shared environment is stored in a database, i.e. “room stored in the room memory”. Further, there can be different environments, i.e. “the plurality of rooms”. In other words, the friend’s electronic media device sends the avatar and audio effects, i.e. “the image or audio”, to a server, then the server provides the avatar data, via Internet connection over a network to the electronic media devices, i.e. “providing the transmitted image or audio…to viewers through…online distribution”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives, as well as, the “online distribution” alternative).
While Akram discloses “transmitting the image or audio of a room or a supporter…”, as discussed above, Akram does not explicitly discloses providing cheering associated with an event, using a cheering service system comprising a room memory that stores, for each of a plurality of rooms, a room identifier in association with room entrant identifiers of supporters who have entered the room; and transmitting the image or audio of the room or the supporter selected from the plurality of rooms to an external cheering relay system configured to receive, from a plurality of cheering service systems including the cheering service system, images or audio as respective sources, to store, for each of the sources, an input identifier in association with source attribute information, to receive from a cheering receiving system a request specifying source attribute information, to select the source corresponding to the input identifier associated with the specified source attribute information, and to transmit the selected source to the cheering receiving system from which the request is received.
In analogous art, Chiba discloses providing cheering associated with an event, using a cheering service system comprising a room memory that stores, for each of a plurality of rooms, a room identifier in association with room entrant identifiers of supporters who have entered the room (see Chiba; paragraphs 0057, 0087, 0091, 0092 and 0099; Chiba discloses a cheering event, such as a sports event, for users sharing, i.e. “cheering service system”, a virtual room. A room management database, i.e. “a room memory”, for storing information for each virtual room including a unique room ID, i.e. “room identifier”, and information relating to members, such as, user IDs, i.e. “entrant identifiers”, for members/users acting as a viewer who has entered the virtual room, i.e. “supporters who have entered the room”);
transmitting the image or audio of the room or the supporter selected from the plurality of rooms to an external cheering relay system configured to receive, from a plurality of cheering service systems including the cheering service system, images or audio as respective sources, to store, for each of the sources, an input identifier in association with source attribute information, to receive from a cheering receiving system a request specifying source attribute information, to select the source corresponding to the input identifier associated with the specified source attribute information, and to transmit the selected source to the cheering receiving system from which the request is received (see Chiba; paragraphs 0085, 0090 and 0121; Chiba discloses a relay server including a room management part which handles processing of the virtual room and a viewer management database. Live video data, in which a title and summary of the video in association with a video ID, i.e. “input identifier in association with source attribute information”, for the virtual room is sent to the relay server. Video selection is made using the information such as genre/category and summary, i.e. “select the source corresponding to the input identifier associated with the specified source attribute information”. The video includes images, and transmitting the image of the virtual room, i.e. “transmitting the image of the room”, to the relay server, i.e. “an external cheering relay system”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image of the room” alternative).
One of ordinary skill in the art would have been motivated to combine Akram and Chiba because they both disclose features of a shared environment between users, and as such, are within the same environment.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the feature of a virtual room as taught by Chiba into the system of Akram in order to provide the benefit of a particular shared environment that allows users who use avatars for clapping/cheering (see Akram; paragraph 0124) to include a virtual room for a cheering event in which a limit on the number of users can be set (see Chiba; paragraphs 0046 and 0047), thus preventing overcrowding.
Regarding claim 2, Akram and Chiba discloses all the limitations of claim 1, as discussed above and further, the combination of Akram and Chiba clearly discloses a method of providing cheering, comprising:
receiving by a cheering receiving system, a first image or audio transmitted from a first cheering service system that implements the method of providing cheering according to claim 1 (see Akram; paragraphs 0091 and 0124; Akram discloses a friend's electronic media device sends avatar data, including audio effects such as cheering, i.e. “first image or audio”, to the user's electronic media device via the server. Therefore, the server, i.e. “cheering receiving system”, receives the avatar data) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives);
receiving by the cheering receiving system via a cheering relay system, a second image or audio transmitted from a second cheering service system that implements the method of providing cheering according to claim 1 (Akram; paragraphs 0077, 0078, 0091 and 0124; Akram discloses the remote computer, e.g. the electronic media device, when using a WAN environment establishes communications with an external modem, i.e. “external cheering relay system”. A friend’s electronic media device sends the avatar data, including audio effects such as cheering, i.e. “first image or audio”, to a user’s electronic media device via the server. In other words, when using a WAN the friend’s electronic media device sends the avatar and audio effects, including cheering, to a server via the modem, i.e. “cheering relay system”. Therefore, the server, i.e. “cheering receiving system”, receives the avatar data. Further, the server checks avatar data of the user and friend to determine if the avatar data has changed. If the avatar data has changed for the user, the changed avatar data will be sent from the user’s electronic media device to the friend, or vice versa, i.e. “receiving…second image or audio transmitted from a second cheering service system”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives); and
generating and outputting to viewers an image that is a mix of the first image or audio and the second image or audio (see Akram; paragraphs 0079, 0091, 0124, 0135 and Figure 17e; Akram discloses a shared environment is implemented including displaying the avatar data, which includes the audio effects, of the user, i.e. “first image or audio”, as well as, any updates to the avatar data, i.e. “second image or audio”. The different users are able to see the avatar data of the other. Therefore, the shared environment displays the avatar data of both users, i.e. “…outputting to viewers an image that is a mix of the first image or audio and the second image or audio”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives).
Regarding claim 3, Akram and Chiba discloses all the limitations of claim 2, as discussed above and further, the combination of Akram and Chiba clearly discloses wherein the cheering receiving system is located in a first district, the first cheering service system is responsible for the first district, and the second cheering service system is responsible for a second district different from the first district (see Chiba; paragraphs 0048, 0069 and 0092; Chiba discloses a geographical range, in which the range includes districts, i.e. “a first district…a second district”, for users using the virtual room); and
wherein the cheering receiving system receives the first image or audio directly from the first cheering service system, and receives the second image or audio transmitted from the second cheering service system, via the cheering relay system (see Chiba; paragraphs 0085, 0090, 0092 and 0121; Chiba discloses a relay server, i.e. “cheering relay system”, receiving video and images transmitted from users in a geographic range, i.e. “first cheering service system…the second cheering service system”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen the “image” alternative).
The prior art used in the rejection of the current claim is combined using the same motivation as was applied in claim 1.
Regarding claim 4, Akram and Chiba discloses all the limitations of claim 1, as discussed above, and further the combination of Akram and Chiba clearly discloses the method of providing cheering according to claim 1, wherein the image or audio is an image or audio of an avatar (see Akram; paragraphs 0124; Akram discloses audio effects such as clapping or cheering for the avatar, i.e. “an image or audio of an avatar”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives).
Regarding claims 5 and 6, the limitations are substantially similar to the limitations recited in claim 1, only distinguishable by their statutory category (e.g. non-transitory CRSM and system). Therefore, the same rationale used to reject claim 1 applies equally as well to claims 5 and 6. Further, Akram discloses a non-transitory computer-readable storage medium storing a program (see Akram; paragraph 0058; Akram discloses tangible computer readable storage having computer readable software embodied thereon).
Regarding claim 7, Akram and Chiba discloses all the limitations of claim 2, as discussed above, and further the combination of Akram and Chiba clearly discloses wherein the image or audio is an image or audio of an avatar (see Akram; paragraphs 0124; Akram discloses audio effects such as clapping or cheering for the avatar, i.e. “an image or audio of an avatar”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives).
Regarding claim 8, Akram and Chiba discloses all the limitations of claim 3, as discussed above, and further the combination of Akram and Chiba clearly discloses wherein the image or audio is an image or audio of an avatar (see Akram; paragraphs 0124; Akram discloses audio effects such as clapping or cheering for the avatar, i.e. “an image or audio of an avatar”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives).
Regarding claim 9, Akram and Chiba discloses all the limitations of claim 1, as discussed above, and further the combination of Akram and Chiba clearly discloses wherein room attribute information of the room is added to the image or audio transmitted to the external cheering relay system, and the source attribute information stored in association with the input identifier of the source constituted by the image or audio transmitted to the external cheering relay system is the added room attribute information (see Chiba; paragraphs 0085, 0090, 0091 and 0121; Chiba discloses a relay server including a room management part which handles processing of the virtual room and a viewer management database. Live video data, in which a title and summary of the video in association with a video ID, i.e. “source attribute information stored in association with the input identifier”, for the virtual room is sent to the relay server. Room data is included, i.e. “room attribute information of the room is added”. The video includes images, and transmitting the image of the virtual room to the relay server, i.e. “the image or audio transmitted to the external cheering relay system is the added room attribute information”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” alternative).
The prior art used in the rejection of the current claim is combined using the same motivation as was applied in claim 1.
Regarding claim 10, Akram and Chiba discloses all the limitations of claim 1, as discussed above, and further the combination of Akram and Chiba clearly discloses wherein the room memory further stores, in association with the room identifier, visitor identifiers of supporters permitted to visit the room (see Chiba; paragraphs 0091 and 0092; Chiba discloses, in association with the room ID, i.e. “in association with the room identifier”, user IDs of members who can use the virtual room, i.e. “visitor identifiers of supporters permitted to visit the room”), the method further comprising:
distributing the image or audio of the supporters who have entered the room to devices of the supporters whose visitor identifiers are stored in association with the room identifier (see Chiba; paragraphs 0058, 0091, 0092, and 0099; Chiba discloses an avatar, i.e. “the image of the supporters” for a user who has entered the virtual room) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” alternative); and
setting the image or audio of the supporters who have entered the room to be individually disabled with respect to the supporters whose visitor identifiers are stored in association with the room identifier (see Chiba; paragraphs 0058, 0092 and 0099; Chiba discloses an avatar for a user/member and information, including the avatar, of the member being set, i.e. “setting the image of the supporters”, based on a designation. The user is a viewer who has entered the virtual room).
The prior art used in the rejection of the current claim is combined using the same motivation as was applied in claim 1.
Regarding claim 11, Akram and Chiba discloses all the limitations of claim 1, as discussed above, and further the combination of Akram and Chiba clearly discloses wherein the room from which the image or audio is selected is a room whose room attribute information matches a predetermined value (see Chiba; paragraphs 0090, 0091, 0099 and 0121; Chiba discloses selection of the video for a virtual room corresponds to a unique room ID, i.e. “room attribute information matches a predetermined value”).
The prior art used in the rejection of the current claim is combined using the same motivation as was applied in claim 1.
Regarding claim 12, Akram and Chiba discloses all the limitations of claim 1, as discussed above, and further the combination of Akram and Chiba clearly discloses wherein the room memory further stores entry key information in association with the room identifier (see Chiba; paragraphs 0073, 0091 and 0099; Chiba discloses entry information, i.e. “entry key information”, in association with the room ID), the method further comprising:
receiving, from a device of a supporter, a supporter identifier, a room identifier, and entry key information (see Chiba; paragraphs 0073, 0091 and 0092; Chiba discloses entry information, i.e. “entry key information”, member user ID, i.e. “supporter identifier”, and a room ID. A permission is set on whether a user can use the virtual room);
determining that a combination of the received room identifier and the received entry key information is stored in the room memory (see Chiba; paragraphs 0087, 0091 and Figure 8; Chiba discloses a room management database including the room ID and entry information);
receiving approval of entry from a device of an owner of the room identified by the received room identifier (see Chiba; paragraphs 0092 and 0115; Chiba discloses the use of the virtual room may be according to permission set by a user and entry being permitted, i.e. “receiving approval of entry”); and
registering the received supporter identifier as one of the room entrant identifiers in association with the room identifier in response to the approval (see Chiba; paragraphs 0092 and 0115; Chiba discloses permitting user entry and registers the user ID, i.e. “registering the received supporter identifier”).
The prior art used in the rejection of the current claim is combined using the same motivation as was applied in claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lee et al. (U.S. 2020/0187300 A1) discloses a cheering effect for terminals in an identified group.
Nakamura et al. (U.S. 2018/0353866 A1) discloses sending a room entry request including the room ID of the room that the user has entered.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM A COONEY whose telephone number is (571)270-5653. The examiner can normally be reached M-F 7:30am-5:00pm (every other Fri off).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Umar Cheema can be reached at 571-270-3037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.A.C/Examiner, Art Unit 2458 09/18/26
/UMAR CHEEMA/Supervisory Patent Examiner, Art Unit 2458
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