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 .
Response to Arguments
Applicant’s arguments, see page 7, filed 07/14/2025, with respect to the rejection(s) of claim(s) 20 - 38 under 35 USC § 102 and 35 USC § 103 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 Therefore, the rejection has been withdrawn.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 Kavallierou U.S Patent Number 20200053253 A1.
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) 20-29, 31-35 and 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kavallierou U.S Patent Number 20200053253 A1.
In regards to claim 20,
Kavallierou teaches a system(Section [0084] Computer Program) configured to control display(Playback, Fig.6, Item S63, Section [0070, Lines 1 - 3]) to a consumer of a video content stream (Fig. 2, Item 16, Section [0031], Lines 3 - 7) comprising primary video content for display in a first display space(Fig.6,Item sS61, Section [0068], Lines 1 - 2 ) and augmenting video content(Section [0073]), the system comprising: one or more apparatus(Section [0017]) configured to provide a display space comprising the first display space for displaying to the consumer the primary video content and a second display space(Fig.6, Item s62, Section [0081], Lines 6 - 8); at least one of the one or more apparatus(Section [0017]) comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor(Section [0084]), cause the at least one apparatus(Section [0017]) at least to: control display (Playback, Fig.6, Item S63, Section [0070, Lines 1 - 3]) to the consumer of the primary video content in the first display space(Fig.6,Item sS61, Section [0068], Lines 1 - 2 ); and control, automatically without any contemporaneous consumer input(cue data - Because the frames comprising cue data occur at predetermined times within video playback, the predetermined timing of the cues is automatically provided by embedding them in the relevant frame(s). Section [0036]), simultaneous(synchronization, Section [0069]) display to the consumer of augmenting video content(Section [0073]) in at least a portion of the second display space in dependence upon a size of the second display space(Section,[0069],Lines 7 – 8).
In regards to claim 21,
Kavallierou teaches a system(Section [0084] Computer Program) as claimed in claim 20, wherein the video content stream (Fig. 2, Item 16, Section [0031], Lines 3 - 7)is protected to prevent modification(PROM, Section [0084]).
In regards to claim 22,
Kavallierou teaches a system (Section [0084] Computer Program) as claimed in claim 20, wherein the video stream(Fig. 2, Item 16, Section [0031], Lines 3 - 7) comprises one or more parameters (Section [0029] - predetermined region)that define, in dependence upon the size of the second display space(Section,[0069],Lines 7 – 8), whether or not any augmenting video content is displayed(Section [0082], Lines 9 -13 non-overlapping means weather or not any augmenting video content is displayed.).
In regards to claim 23,
Kavallierou teaches a system(Section [0084] Computer Program) as claimed in claim 20, wherein the video stream (Fig. 2, Item 16, Section [0031], Lines 3 - 7) comprises one or more parameters (Section [0029] - predetermined region)that define where augmenting video content is displayed(Section [0082], Lines 4 – 10).
In regards to claim 24,
Kavallierou teaches a system(Section [0084] Computer Program) as claimed in claim 20, wherein the video stream (Fig. 2, Item 16, Section [0031], Lines 3 - 7) comprises one or more parameters (Section [0029] - predetermined region)that define, in dependence upon the size of the second display space(Section,[0069],Lines 7 – 8), at what scale augmenting video content is displayed(Section [0054] – scale – render is the same as at what scale).
In regards to claim 25,
Kavallierou teaches a system (Section [0084] Computer Program)as claimed in claim 20, wherein the video stream(Fig. 2, Item 16, Section [0031], Lines 3 - 7) comprises one or more parameters(Section [0029] - predetermined region) that define, in dependence upon the size of the second display space(Section,[0069],Lines 7 – 8), which sub-set of a set of augmenting video objects is displayed (Section [0056]( generic or stock objects, characters, and/or entities, and consequently may be preloaded on the entertainment device), Section [0059], Lines 8 – 10 and Section [0062]).
In regards to claim 26,
Kavallierou teaches a system (Section [0084] Computer Program)as claimed in claim 20, further configured to determine a size of the second display space(Fig. 1, Section [0052]Lines 8 – 17), detect a change in a size of the second display space to a new size(Section [0072]), and control display(Entertainment device can then generate the virtual environment, Section [0082], Line 14 - 15) of augmenting video content in at least a portion of the second display space in dependence upon a new size of the second display space (Fig. 1, Section [0052]Lines 8 – 17).
In regards to claim 27,
Kavallierou teaches a system as claimed in claim 20, comprising a first apparatus configured to control the first display space and display the primary video content in the first display space(output first video content for a first display, Section[0081]) and a second apparatus configured to control the second display space and display the augmenting video content in the second display space(Fig. 1 item 110, Fig.2 Items 14A,14B, and 12, Fig.5, Item 130, Section [0081], Lines 1 – 10).
In regards to claim 28,
Kavallierou teaches a system as claimed in claim 27, wherein a size of the second display space is dependent upon a size of a display of the second apparatus(Section, [0032]).
In regards to claim 29,
Kavallierou teaches a system as claimed in claim 27, wherein a size of the second display space is an effective size (Section [0072]changing the viewpoint)of the second display space with respect to a size of the first display space from a perspective of the consumer using the second apparatus(Section [0072]) .
In regards to claim 31,
Kavallierou teaches A system as claimed in claim 27, wherein the second apparatus is a hand-portable apparatus or a head- worn apparatus(Fig. 3a, [Section 0031], Li 9 – 15).
In regards to claim 32,
Kavallierou teaches a system as claimed in claim 20, comprising a first apparatus configured to control the display space comprising the first display space (output first video content for a first display, Section[0081])and the second display space, and display the primary video content and the augmenting video content in the display space(Fig. 1 item 110, Fig.2 Items 14A,14B, and 12, Fig.5, Item 130, Section [0081], Lines 1 – 10), wherein the primary video content is displayed in the first display space and the augmenting video content is displayed at least in the second display space(Section,[0069],Lines 7 – 8).
In regards to claim 33,
Kavallierou teaches a system as claimed in claim 20, wherein the augmenting video content in at least a portion of the second display space augments (virtual environment) the primary video content(Section,[0069],Lines 7 – 8).
In regards to claim 34,
Kavallierou teaches a system configured to control display(Playback, Fig.6, Item S63, Section [0070, Lines 1 - 3]) of primary video content for display in a first display space(Fig.6,Item sS61, Section [0068], Lines 1 - 2 ) and augmenting video content(Section [0073]), the system comprising: first apparatus and second apparatus(Section [0017]) configured to provide a display space comprising the first display space for displaying the primary video content(Fig.6,Item sS61, Section [0068], Lines 1 - 2 ) and a second display space(Fig.6, Item ss62, Section [0069], Lines 1 - 3); wherein the first apparatus comprises: at least one processor(Section [0030], The videogame console comprises a processor 12 (typically a central processor); and at least one memory storing instructions(Section [0031]) that, when executed by the at least one processor, cause the first apparatus at least to: control the first display space(Playback, Fig.6, Item S63, Section [0070, Lines 1 - 3]) and display the primary video content in the first display space(Fig.6,Item sS61, Section [0068], Lines 1 - 2 ); and wherein the second apparatus comprises: at least one second processor(Section [0081], a processor (12) arranged to generate a virtual environment (130) for display that is separate from the first video content); and at least one second memory storing instructions(Section [0084]) that, when executed by the at least one second processor, cause the second apparatus at least to: control the second display space and display the augmenting video content in the second display space(Fig. 1 item 110, Fig.2 Items 14A,14B, and 12, Fig.5, Item 130, Section [0081], Lines 1 – 10); wherein the system is further configured to: control display of the primary video content in the first display space(Fig.6,Item sS61, Section [0068], Lines 1 - 2 ); and control display of augmenting video content in at least a portion of the second display space in dependence upon a size of the second display space(Section,[0069],Lines 7 – 8 and Section [0059]), wherein a size of the second display space is an effective size(Section [0072]changing the viewpoint) of the second display space with respect to a size of the first display space from a perspective of the user using the second apparatus(Section [0072]).
In regards to claim 35,
Kavallierou teaches a system as claimed in claim 34, wherein the augmenting video content in at least a portion of the second display space augments the primary video content(Section,[0069],Lines 7 – 8).
In regards to claim 38,
Kavallierou teaches A system as claimed in claim 36, wherein the augmenting video content in at least a portion of the second display space augments the primary video content(Section,[0069],Lines 7 – 8).
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.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kavallierou U.S Patent Number 20200053253 A1 in view of Kipman U.S Patent No. 10/573,085.
In regards to claim 30,
Kavallierou teaches a system as claimed in claim 27.
Kavallierou fails to teach wherein a size of the second display space, and display of the augmenting video content, are dependent upon at least one of: a distance between the first apparatus and the second apparatus; an angle of view of the second apparatus; or the first display space.
However, Kipaman teaches wherein a size of the second display space, and display of the augmenting video content, are dependent upon at least one of: a distance between the first apparatus and the second apparatus; (FIG.5) an angle of view of the second apparatus;(FIG.5) or the first display space. (The user's perception of distance to virtual display imagery is affected by the positional disparity between the right and left display images.) (Column 9 lines 22 - 29).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kipman into Kavallierou because Kipman teaches the core concepts of showing a distance between the first apparatus to the second apparatus. Adding this feature would show the user's perception of distance to virtual display imagery is affected by the positional disparity between the right and left display images.
Claim(s) 36 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kavallierou U.S Patent Number 20200053253 A1 in view of Kwisthout U.S Patent No. 2012/0019722 Al.
In regards to claim 36,
Kavallierou teaches a system configured to control display (Playback, Fig.6, Item S63, Section [0070, Lines 1 - 3]) of a video content stream(Fig. 2, Item 16, Section [0031], Lines 3 - 7) comprising primary video content for display in a first display space(Fig.6,Item sS61, Section [0068], Lines 1 - 2 ) and augmenting video content(Section [0073]), the system comprising: a first apparatus(Section [0017]), the first apparatus comprising: at least one processor(Section [0030], The videogame console comprises a processor 12 (typically a central processor); and at least one memory storing instructions(Section [0031]) that, when executed by the at least one processor, cause the first apparatus at least to: provide a display space comprising the first display space for displaying the primary video content(Fig.6,Item sS61, Section [0068], Lines 1 - 2 ) and a second display space(Fig.6, Item ss62, Section [0069], Lines 1 - 3), and control the display space(Playback, Fig.6, Item S63, Section [0070, Lines 1 - 3]) to display the primary video content(Fig.6,Item sS61, Section [0068], Lines 1 - 2 ) and the augmenting video content(Section [0073]); wherein the system is further configured to: control display of the primary video content in the first display space(Fig.6,Item sS61, Section [0068], Lines 1 - 2 ); and control display of augmenting video content in at least a portion of the second display space in dependence upon a size of the second display space(Section,[0069],Lines 7 – 8).
Kavallierou fails to teach the second display space is a peripheral margin of the display space that is not part of the first display space and is unused to display the primary video content.
However, Kwisthout discloses wherein the second display space is a peripheral margin. (FIG.6, item 603) of the display space that is not part of the first display space and is unused to display the primary video content. (Section [0132 -0133] line 4 - 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kwisthout into Kavallierou because Kwisthout directly addresses the core concept of peripheral margin. It would benefit the user to have a video source that will render secondary video content (e.g., user interface, graphics such as icons, subtitles etc.) using the full output window, putting part of the content on the black bars.
In regards to claim 37,
Kavallierou fails to teach a system as claimed in claim 36, wherein a size of second display space is dependent upon an aspect ratio of a presentation format of the primary video content, wherein the second display space provides a peripheral border to the first display space
However, Kwisthout discloses a system (FIG.6) as claimed in claim 36, wherein a size of second display space is dependent upon an aspect ratio of a presentation format of the primary video content, wherein the second display space provides a peripheral border (FIG.6, item 603) to the first display space. (Section [0132 - 0133] line 9 - 16)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kwisthout into Kavallierou because Kwisthout directly addresses the core concept of peripheral border. It would be beneficial to the user to have the overlay content fully or partially located on the black bars or edges reducing the intrusion on the primary video content.
Conclusion
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/SHIRLEY DIANE PATIENCE/Examiner, Art Unit 2611
/Said Broome/Supervisory Patent Examiner, Art Unit 2612