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 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, 2, and 16-33 are rejected under 35 U.S.C. 103 as being unpatentable over CN Pub. 109474856 to Z intermediate Global Corp, English Translation via Google Patents, https://patents.google.com/patent/CN109474856A/en?oq=CN109474856 (herein referred to as Z Intermediate) in view of Board Game Arena video gameplay as evidence provided by YouTube video, “Board Game Arena - Playing some games with friends - Live!” - https://www.youtube.com/watch?v=yGg9c3yytrU to Boardgames with Niramas (herein referred to as BGA) and US Pub. 20190070500 to Kim et al (Kim).
Claims 1, 30, and 33. Z Intermediate discloses an electronic device, comprising:
at least one processor and a memory;
the memory storing computer executable instructions; and
the at least one processor executing the computer executable instructions stored in the memory, causing the at least one processor to perform a video interaction method comprising:
displaying, on a video call interface, a game interface of a target game (“game content in call image”) and camera-acquired pictures of a plurality of video call objects (Figs. 11-18, and “video camera”, and “During maintaining video calling connection, the first electronic equipment 110 can be shown over the display by user image 501 and other side's image 502 constitute video calling picture 510.”), the game interface being a shared layer (Figs. 11-18, and “game content is provided on video calling picture”; and “Real-Time Sharing game”); and
jointly controlling a process of the target game based on game instructions of the plurality of video call objects (“controlling game element by the Object identifying result of call image under video calling environment”; “control game element step, Object identifying result is used Make exercise data related with above-mentioned game content to control game element”).
Z Intermediate fails to explicitly disclose:
the game interface being a shared layer rendered below and/or above the camera-acquired pictures of the plurality of video call objects,
wherein the game interface comprises a whole or a part of a background on which the camera-acquired pictures are distributed, or an element superimposed on the camera-acquired pictures (emphasis added).
BGA teaches a game interface being a shared layer rendered below and/or above the camera-acquired pictures of the plurality of video call objects, and wherein the game interface comprises a whole or a part of a background on which the camera-acquired pictures are distributed (see at 1:53:49-1:54:01 and 1:54:18-1:54:22, the video images of the users overlay the video game images having different background images according to a particular game, note, the video images of the users can be placed at the bottom or top of the game screen). The gaming system of Z Intermediate would have motivation to use the teachings of BGA in order to arrange game images in a manner that makes it easy for game players to recognize the different images presented during game play.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the gaming system of Z Intermediate with the teachings of BGA in order to provide distinct areas between the video game play and game player images in doing so would make it easier for the game players to recognize and follow the different images presented during game play.
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Kim teaches an element superimposed on the camera-acquired pictures (Figs. 7A-D, 10A-D, ¶¶88, 94). The gaming system of Z Intermediate in view of BGA would have motivation to use the teachings of Kim in order to provide additional entertainment features that would make gameplay more fun and interesting.
It would have been further obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the gaming system of Z Intermediate in view of BGA with the teachings of Kim in order to provide additional entertainment features that would make gameplay more fun and interesting.
Claim 2. Z Intermediate in view of BGA and Kim teaches wherein the displaying of the game interface on the video call interface comprises:
rendering the game interface in subject to a size of the video call interface (see BGA and Kim where video game images are subject to the size of the particular screens of the display devices used to present the video game).
Claims 16 and 31. Z Intermediate discloses wherein the displaying of the camera-acquired pictures of the plurality of video call objects comprises:
determining a plurality of video areas on the video call interface; and
displaying the camera-acquired pictures of the plurality of video call objects on the plurality of video areas (Figs. 11-18, and “video calling picture”).
Claims 17 and 32. Z Intermediate in view of BGA and Kim teaches wherein a content presented on the game interface comprises a game scene picture and/or a controllable virtual object (see BGA shows different game images some of which are controllable by the participating users), jointly controlling the process of the target game based on the game instructions of the plurality of video call objects comprises:
in response to game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, jointly controlling a displaying of the game scene picture; and/or
in response to game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, jointly controlling a displaying of the virtual object (see Z Intermediate “control game element by the Object identifying result for image”; and see BGA where the users’ inputs control particular video game images).
Claim 18. Z Intermediate discloses wherein the displaying of the camera-acquired pictures of the plurality of video call objects comprises:
determining a plurality of video areas on the video call interface; and
displaying the camera-acquired pictures of the plurality of video call objects on the plurality of video areas (Figs. 11-118, and “video calling picture”).
Claim 19. Z Intermediate in view of BGA teaches wherein determining the plurality of video areas on the video call interface comprises:
dividing the video call interface into the plurality of video areas arranged according to row and/or column (see Z Intermediate Figs. 11-18; and see BGA shows users’ video images in a row or column).
Claim 20. Z Intermediate in view of BGA teaches wherein determining the plurality of video areas on the video call interface comprises:
determining a plurality of discretely distributed video areas on the video call interface, the plurality of discretely distributed video areas located at an edge of the game interface (see BGA).
Claim 21. Z Intermediate discloses wherein displaying the camera-acquired pictures of the plurality of video call objects on the plurality of video areas comprises:
extracting a plurality of target images from camera-acquired pictures of the plurality of video call objects, respectively; and
displaying the plurality of target images in a same video area (Figs. 11-18, and “video calling picture being made of user image and other side's image, above-mentioned identification object step is including the use of face recognition”).
Claim 22. Z Intermediate in view of BGA and Kim teaches wherein a content presented on the game interface comprises a game scene picture and/or a controllable virtual object, jointly controlling the process of the target game based on the game instructions of the plurality of video call objects comprises:
in response to game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, jointly controlling a displaying of the game scene picture; and/or
in response to game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, jointly controlling a displaying of the virtual object (see claims 17 and 32 above).
Claim 23. Z Intermediate in view of BGA and Kim teaches wherein a content presented on the game interface comprises a game scene picture and/or a controllable virtual object, jointly controlling the process of the target game based on the game instructions of the plurality of video call objects comprises:
in response to game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, jointly controlling a displaying of the game scene picture; and/or
in response to game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, jointly controlling a displaying of the virtual object (see claims 17 and 32 above).
Claim 24. Z Intermediate in view of BGA and Kim teaches wherein different video call objects correspond to different virtual objects, in response to the game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, jointly controlling the displaying of the virtual object comprises:
for each individual video call object, in response to the game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, jointly controlling a displaying of the corresponding virtual object (see Z Intermediate Figs. 11-18, and “controlling game element by the Object identifying result of call image under video calling environment”; “control game element step, Object identifying result is used Make exercise data related with above-mentioned game content to control game element”).
Claim 25. Z Intermediate in view of BGA and Kim teaches wherein in response to the game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, jointly controlling the displaying of the virtual object comprises:
in response to the game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, controlling a displacement, a shape, a movement of the virtual object and/or a corresponding game skill (see Z Intermediate Figs. 11-18).
Claim 26. Z Intermediate in view of BGA and Kim teaches wherein the recognized results of video call objects in the camera-acquired pictures comprises at least one of:
expressions of the video call objects in the camera-acquired pictures,
face positions of the video call objects in the camera-acquired pictures,
body movements of the video call objects in the camera-acquired pictures, or
a relative position of different video call objects in the camera-acquired pictures (see Z Intermediate “movement in gesture and facial expression portion is identified”; and “movement identification part 320 identifies face in user image and can The movement (for example, blink movement, movement of opening one's mouth, movement of mobile face etc.) of face by identification is identified”).
Claim 27. Z Intermediate in view of BGA and Kim teaches wherein in response to the game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, jointly controlling the displaying of the virtual object comprises:
in response to the game instructions triggered by recognized results of the plurality of video call objects in the camera-acquired pictures, controlling a displacement, a shape, a movement of the virtual object and/or a corresponding game skill (see claim 25 above).
Claim 28. Z Intermediate in view of BGA and Kim teaches wherein the recognized results of video call objects in the camera-acquired pictures comprises at least one of
expressions of the video call objects in the camera-acquired pictures ,face positions of the video call objects in the camera-acquired pictures, body movements of the video call objects in the camera-acquired pictures, or a relative position of different video call objects in the camera-acquired pictures (see claim 26 above).
Claim 29. Z Intermediate in view of BGA and Kim teaches wherein the recognized results of video call objects in the camera-acquired pictures comprises at least one of:
expressions of the video call objects in the camera-acquired pictures, face positions of the video call objects in the camera-acquired pictures, body movements of the video call objects in the camera-acquired pictures, or a relative position of different video call objects in the camera-acquired pictures (see claim 26 above).
Response to Arguments
Applicant’s arguments with respect to claims 1, 2, and 16-33 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.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAMON J PIERCE whose telephone number is (571)270-1997. The examiner can normally be reached M-F 8am-5pm.
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/DAMON J PIERCE/Primary Examiner, Art Unit 3715
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