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 .
DETAILED ACTION
Response to Arguments
Applicant's arguments filed 3/2/2026 have been fully considered but they are not persuasive. Please review updated rejection below addressing the newly amended limitations.
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 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.
Claim(s) 1, 4-9, 12-17, 19-25 are rejected under 35 U.S.C. 103 as being unpatentable over Sawaki (US 2019/0026950 A1) in view of Shimizu (US 2023/0260235 A1).
1. Sawaki discloses a shooting method based on virtual reality space, comprising:
in response to a selfie call command, determining a shooting position of a virtual character model that holds the camera model in the virtual reality space (Fig. 22-24), [0243]-[0244], and displaying a virtual reality scene in a preset stage scene model based on the shooting position (e.g., arranging an avatar object and a virtual camera in the virtual space based on user input via HMD and controller, such as initiating photography mode where the avatar holds or positions relative to the virtual camera for selfie-like captures, with the scene displayed in a predefined virtual environment like a shared space or stage), [0196]-[0199], [0215]-[0216];
displaying real-time viewfinder information within the viewfinder area of the camera model, wherein the real-time viewfinder information comprises a virtual reality scene and a virtual character model within the selfie field of view (e.g., the HMD monitor displays real-time images from the virtual camera as a viewfinder, including the virtual space scene and avatar within the field-of-view region defined by the camera's position and orientation), (1541: Fig. 22-24); and
in response to a selfie confirmation command, determining the real-time viewfinder information within the viewfinder area as captured image information (e.g., generating and storing the photograph image upon user command, capturing the displayed viewfinder content as the final image), [0118]-[0189], [0196]-[0199].
Sawaki discloses tracking the motion of the user’s hand for input to the computer [0062] does not expressly disclose in response to detecting a predetermined user gesture, generating an adjustment command and updating the real-time viewfinder information by adjusting the selfie field of view of the camera model according to the adjustment command. Shimizu in response to detecting a predetermined user gesture, generating an adjustment command and updating the real-time viewfinder information by adjusting the field of view of the camera model according to the adjustment command [0101], [0141]. It would have been obvious to a person of ordinary skilled in the art to modify Sawaki with Shimizu and would have been motivated to do so to provide a gesture based input to the computer of Sawaki.
4. Sawaki and Shimizu disclose the shooting method according to claim 1, wherein Shimizu further discloses the displaying the virtual reality scene in the preset stage scene model comprises: determining a display range of the virtual reality scene based on the display angle; determining a display zoom ratio based on a display distance; and displaying virtual reality scenes within a display range in the preset stage scene model according to a display scaling ratio (i.e. the image capturing is performed from the user’s viewpoint in the virtual space to acquire a realistic on-site photograph, wherein the use can zoom-in and zoom-out in image capturing), (Fig. 7-8, 11, 17), [0059], [0063].
5. Sawaki and Shimizu disclose the shooting method according to claim 1, wherein Sawaki further discloses the displaying real-time viewfinder information within the viewfinder area of the camera model comprising: determining a selfie field of view range of the camera model; determining virtual scene image information that matches a shooting field angle, wherein the virtual scene image information comprises a virtual reality scene and a virtual character model within the selfie field of view range; and rendering texture information corresponding to the virtual scene image information in the viewfinder area (Fig. 22-24).
6. Sawaki and Shimizu disclose the shooting method according to claim 5, wherein Sawaki further discloses the determining the real-time viewfinder information within the viewfinder area as the captured image information comprises: determining the real-time texture information within the viewfinder area as the captured image information (Fig. 22-24).
7. Sawaki and Shimizu disclose the shooting method according to claim 1, wherein Sawaki further discloses in response to the selfie confirmation command, the determining the real-time viewfinder information within the viewfinder area as the captured image information comprises: determining a selfie field of view range in response to a selfie field of view range adjustment command; and displaying real-time viewfinder information corresponding to the adjusted selfie field of view within the viewfinder area of the camera model (Fig. 22-24), [0135], [0242]-[0246]. Alternatively Shimizu disclose the zoom function for capturing the image [0063].
8. Sawaki and Shimizu disclose the shooting method according to claim 7, wherein Sawaki further discloses in response to the selfie field of view range adjustment command comprises at least one of: in response to an adjustment instruction for the shooting position of the camera model in the virtual reality space; or in response to an adjustment command for a preset shooting focal length (Fig. 22-24), [0135], [0242]-[0246]. Alternatively Shimizu disclose the zoom function for capturing the image [0063].
22-23. Sawaki and Shimizu discloses the shooting method according to claim 1, wherein further discloses the displaying a virtual reality scene in a preset stage scene model based on the shooting position comprises determining a display distance and a display angle with respect to a preset virtual stage scene based on the shooting position (e.g., using the uvw visual-field coordinate system to calculate angles (pitch, yaw, roll) and relative distances in the XYZ coordinate system based on the virtual camera's position for rendering the preset virtual space scene), [0083]-[0085]; and displaying the virtual reality scene in the preset stage scene model based on the display distance and the display angle (e.g., rendering the field-of-view images on the HMD based on the calculated coordinates and parameters), [0130], [0139].
Sawaki does not explicitly teach determining a target preset interactive scene model where the shooting position is located, and querying a preset database to obtain the display distance and display angle that match the target preset interactive scene model, particularly in the context of arranging captured content as interactive virtual objects with precise preset-based matching.
However, Shimizu teaches a shooting method in a virtual reality space where, for displaying and arranging virtual scenes and captured images, determining a target preset interactive scene model where the shooting position is located (e.g., identifying the user's viewpoint position in the predefined VR content scene, such as a concert stage model, and selecting target subjects or regions for interactive capture); and querying a preset database to obtain the display distance and display angle that match the target preset interactive scene model (e.g., accessing stored VR content including 3D models and parameters from the storage unit to determine arrangement positions, distances (e.g., relative to user or absolute in space), and angles (e.g., outside field of view, aligned horizontally/vertically/depth-wise) for placing captured images as virtual objects in the preset scene, using rules for matching interactive elements like subjects or tags), [0052], [0055], [0059], [0063], [0065], [0133], [0135], [0147].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the virtual reality photography method of Sawaki by incorporating the scene model querying and parameter matching techniques of Shimizu. One of ordinary skill would have been motivated to make this combination to enhance immersion and user interaction in VR selfies by automatically arranging captured content with precise, database-driven positioning that avoids obstructing views and supports dynamic scene interactions, as both references address capturing and displaying images in shared or preset virtual environments for improved entertainment and reduced operational complexity (e.g., Shimizu‘s arrangement rules complement Sawaki’s avatar photography by providing efficient handling of display parameters in interactive scenes).
9, 12-16, 24-25. Sawaki and Shimizu an electronic device, wherein the electronic device comprises: a processor; and a memory for storing instructions executable by the processor; the processor is configured to read the executable instructions from the memory and execute the executable instructions to implement a shooting method based on virtual reality space, the shooting method comprising: in response to a selfie call command, determining a shooting position of a virtual character model that holds a camera model in the virtual reality space, and displaying a virtual reality scene in a preset stage scene model based on the shooting position; displaying real-time viewfinder information within a viewfinder area of the camera model, wherein the real-time viewfinder information comprises a virtual reality scene and a virtual character model within a selfie field of view; in response to detecting a predetermined user gesture, generating an adjustment command; updating the real-time viewfinder information by adjusting the selfie field of view of the camera model according to the adjustment command; and in response to a selfie confirmation command, determining the real-time viewfinder information within the viewfinder area as captured image information as similarly discussed above.
17, 19-21. Sawaki and Shimizu discloses a computer-readable storage medium, wherein the computer-readable storage medium stores a computer program for executing a shooting method based on a virtual reality space, the shooting method comprising: in response to a selfie call command, determining a shooting position of a virtual character model that holds a camera model in the virtual reality space, and displaying a virtual reality scene in a preset stage scene model based on the shooting position; displaying real-time viewfinder information within a viewfinder area of the camera model, wherein the real-time viewfinder information comprises a virtual reality scene and a virtual character model within a selfie field of view; in response to detecting a predetermined user gesture, generating an adjustment command; updating the real-time viewfinder information by adjusting the selfie field of view of the camera model according to the adjustment command; and in response to a selfie confirmation command, determining the real-time viewfinder information within the viewfinder area as captured image information as similarly discussed above.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
Conclusion
THIS ACTION IS MADE FINAL. 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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David L. Lewis can be reached at (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Seng H Lim/Primary Examiner, Art Unit 3715
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