DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant’s arguments with respect to claim(s) 1-18 have been considered but are moot in view of a new ground(s) of rejection. The amendments to the claims necessitated the new ground(s) of rejection discussed below.
With respect to the last office action, Applicant amends claims, discusses the claims limitations, the office action and further argues that the prior art of record (PAR) does not teach the amended claims limitations (see Applicant’s Remarks)
In response, Examiner notes Applicant’s arguments/amendments, however the amendments do not over the PAR for these reasons (please note the underlined or highlighted remarks in the body of the office action discussed below): Besides other disclosure of the PAR discussed below, the PAR further discloses that: the device (GSS or BCS), receives a viewer request for a commentary stream, wherein the commentary stream includes output commentary data (text or CC) and output gameplay data; identifying, via the live user request, the first user of the game session and the second user of the game session, generating the output commentary data by selecting audio from both the first voice data and the second voice data and generating the gameplay data by selecting game events from both the first gameplay data in accordance with the view request and the second gameplay data; and outputting, by the device, the commentary stream, wherein the commentary stream includes the output gameplay data synchronized with output commentary data in accordance with the viewer request (see [0070-0075], [0080-0090], [0116-0125], [0154-0173], [0181-0201], [0213-0219] and [0226-0250]), the GSS or BCS targets specific UI and streams to groups, fans, etc., based on preference, targeting specific clips, thumbnails, etc., based on feedback of users or groups of users; further provides audio output as audio tracks and/or chat or text commentary; spectating UI that enables user(s) to join live game sessions, start new game sessions and/or replay previously recorded game sessions or portions of game sessions, from different viewpoint or perspective, that includes broadcast commentary (video, audio and/or text); furthermore, GSS or BCS receives and broadcast AV and associated streams of audio or voice commentary (CMM) of an event or specific game data for a game session(s), the CMM may be from a participant(s) watching or capturing the game events where one or more states are used to generate a game session; audio, voice, textual, chats, etc., inputs maybe segmented into two or more groups, filter and detect specific voice or audio based on profile information of the BCS; the audio inputs includes vocal commentary, cheers, vocal chat, crowd noise, etc.; furthermore, the GSS or BCS further provides spectating UI that enables user(s) to join live game sessions, start new game sessions and/or replay previously recorded game sessions or portions of game sessions, from different viewpoint or perspective, that includes broadcast commentary (video, audio and/or text) (see [0070-0075], [0080-0090], [0195-0201], [0213-0219] and [0226-0250]), and furthermore the device (GSS or BCS), receives a user request for a commentary stream, wherein the commentary stream includes commentary data and gameplay data; identifying, via the user request, the first user of the game session and the second user of the game session, generating the commentary data by selecting audio from the first voice data and the second voice data and generating the gameplay data by selecting game events from the first gameplay data and the second gameplay data; and outputting, by the device, the commentary stream for the game session wherein the commentary stream includes a combination of recorded game play from the first gameplay data and the second gameplay data with corresponding synchronized audio, wherein at least one audio data of the first plurality of audio data is synchronized to a game event of the second plurality of game events in the commentary stream (see [0070-0075], [0080-0090], [0195-0201], [0213-0219] and [0226-0250]), the GSS or BCS targets specific UI and streams to groups, fans, etc., based on preference, targeting specific clips, thumbnails, etc., based on feedback of users or groups of users; further provides spectating UI that enables user(s) to join live game sessions, start new game sessions and/or replay previously recorded game sessions or portions of game sessions, from different viewpoint or perspective, that includes broadcast commentary (video, audio and/or text); further provides audio output as audio tracks and/or chat or text commentary; spectating UI that enables user(s) to join live game sessions, start new game sessions and/or replay previously recorded game sessions or portions of game sessions, from different viewpoint or perspective, that includes broadcast commentary (video, audio and/or text); as discussed below; Hence the amended claims do not overcome the PAR. The amendments to the claims necessitated the new ground(s) of rejection. This office action is made final.
Claim Rejections - 35 USC § 102
3 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4 Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by DURY et al (2017/0006322).
As to claims 1-5, DURY discloses participants rewards in a spectating system and further discloses a method for generating a personalized game commentary stream, the method or a device comprising:
an interface; a memory storing executable instruction and controller coupled to the interface and the memory (Game Spectating System “GSS” or Participants: (Broadcasters, Players, Spectators, etc. (BCS) figs.1-33 and [0078-0085]); where the controller is configured to: receive…”
receiving, by a device (Game Spectating System “GSS” or Participants: (Broadcasters, Players, Spectators, etc. (BCS) [0078-0085]), game data (metadata or game information and other related and non-related data) from a plurality of users of a multiplayer electronic game for a game session, wherein the game data includes: first voice data including a first plurality of audio data and first gameplay data including a first plurality of game events associated with a first user detected during the game session, wherein at least one audio data of the first plurality of audio data is synchronized to a game event of the first plurality of game events; and second voice data including a second plurality of audio data and second gameplay data including a second plurality of game events associated with a second user detected during the game session, wherein each audio data of the second plurality of audio data is synchronized to a game event of the second plurality of game events (figs.1-33, [0055-0065], [0071-0074], [0080-0090], [0116-0125], [0132-0157], [0164-0175] and [0180-0187]); GSS or BCS receives and broadcast AV and associated streams of audio or voice commentary (CMM) of an event or specific game data for a game session(s), the CMM may be from a participant(s) watching or capturing the game events where one or more states are used to generate a game session; audio, voice, textual, chats, etc., inputs maybe segmented into two or more groups, filter and detect specific voice or audio based on profile information of the BCS; the audio inputs includes vocal commentary, cheers, vocal chat, crowd noise, etc.
receiving, by the device (GSS or BCS), a viewer request for a commentary stream, wherein the commentary stream includes output commentary data (text or CC) and output gameplay data; identifying, via the live user request, the first user of the game session and the second user of the game session, generating the output commentary data by selecting audio from both the first voice data and the second voice data and generating the gameplay data by selecting game events from both the first gameplay data in accordance with the view request and the second gameplay data; and outputting, by the device, the commentary stream, wherein the commentary stream includes the output gameplay data synchronized with output commentary data in accordance with the viewer request ([0070-0075], [0080-0090], [0116-0125], [0154-0173], [0181-0201], [0213-0219] and [0226-0250]), the GSS or BCS targets specific UI and streams to groups, fans, etc., based on preference, targeting specific clips, thumbnails, etc., based on feedback of users or groups of users; further provides audio output as audio tracks and/or chat or text commentary; spectating UI that enables user(s) to join live game sessions, start new game sessions and/or replay previously recorded game sessions or portions of game sessions, from different viewpoint or perspective, that includes broadcast commentary (video, audio and/or text); wherein receiving the game data includes receiving at least one game state associated with a game event of the plurality of game events of the game session; wherein receiving the fires gameplay data includes receiving video data of a reaction of the first user during the game session and wherein generating the commentary stream includes selecting voice data from the first voice data or second voice data for a game state of the game session, and generating an audio track based on selections of voice data for the game session ([0132-0157], [0164-0175] and [0180-0187]), GSS or BCS, captures the event sessions, aggregates the audio channels and filters accordingly based on profile or request; streams of audio or voice commentary (CMM) of an event or specific game session(s), the CMM may be from a participant(s) watching or capturing the game events where one or more states are used to generate a game session; audio, voice, textual, chats, etc., inputs maybe segmented into two or more groups, filter and detect specific voice or audio based on profile information of the BCS; audio inputs includes vocal commentary, cheers, vocal chat, crowd noise, etc.
As to claims 5-10, DURY further discloses wherein generating the commentary stream includes selecting voice data and the second voice data and splicing received voice data for the at least one user and the at least one additional user to generate a commentary stream audio track; wherein generating the commentary stream includes selecting voice data from the first voice data or the second voice data to generate an audio track based on at least one event in the game session; wherein the commentary stream for the game session includes one or more of spoken commentary, video reactions, camera data, webcam views, texts and symbols during a game chat and receiving a user input to change the combination of recorded game play included in the commentary stream; updating, responsive to receiving the user input, a camera angle of the combination of recorded game play; and outputting an updated commentary stream associated with the updated camera angle ([0055-0065-recorded], [0071-0074], [0080-0090] and [0116-0125]), receiving a user input for toggling between the first voice data and the second voice data in a portion of the commentary stream; and updating the portion of the commentary stream to remove the first voice data and include the second voice data and receiving, after outputting the commentary stream and after a first time period, a user input for selection of a second user an updated commentary stream; and outputting the updated commentary stream to include output of audio and video data associated with the second user, wherein the updated commentary stream includes audio and video data of the game session from a different perspective ([0055-0065-recorded], [0071-0074], [0080-0090], [0116-0125], [0132-0157], [0164-0175] and [0177-0187]), feedbacks or interactions (movements/inputs) indicates locations or areas and times in the content: game, broadcast, VOD, etc., or particular time within the content timeline; GSS aggregates and outputs within a specific time other participants or fans interactions (movements/inputs) with respect to the items or objects: characters or avatars; video, text/voice biometric inputs of participants, facial expressions or eyes, crowd noise, cheers, boos, happiness, etc.; inputs are mapped to types of events: items or objects; specific perspective of the game associated with players or event sessions maybe capture and broadcasts with audio or vocal commentary of the BCS.
As to claims 11-14, the claimed “A device configured for generating a personalized game commentary…” is composed of the same structural elements that were discussed with respect to claims 1-4.
Claims 15-20 are met as previously discussed in claims 5-10.
Conclusion
5. 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.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached Monday-Friday 7-4.
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/ANNAN Q SHANG/ Primary Examiner, Art Unit 2424
ANNAN Q. SHANG