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 .
Status of Claims
In response to the Amendment filed on October 15th, 2025, claims 1, 4, 5, 8-12, 16, and 18 have been amended. Claim 17 has been cancelled. Claim 20 is newly added. Claims 1-16 and 18-20 are currently pending.
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) 1-3 and 10-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukazawa et al. (US 2009/0267302 A1).
Regarding claim 1, Fukazawa discloses a claw arcade game comprises:
a housing, wherein the housing comprises an upper portion and a lower portion separated by a shelf (see fig. 2 and par. [0057], As shown in FIG. 3, a gift support plate 12 is extended horizontally in an upper part of a casing 11 of the satellite unit 3 in a shape resembling a rectangular sold; The gift support plate 12 defines the bottom side of a gift exhibiting space A; thus the space above the gift support plate would be the upper portion and the space below the gift support plate would be the lower portion);
a claw assembly that is movable within the upper portion of the housing (see par. [0062], Referring to FIGS. 3 and 4, an overhead traveling crane type gift acquiring machine 30 is disposed above the gift exhibiting space A defined by the gift support plate 12; The overhead gift acquiring machine 30 includes a gift gripping device 34, namely, a catcher);
a claw control unit configured to control the movement of the claw assembly within the housing, wherein the claw control unit generates at least one unique signal that correlates to an event related to the movement of the claw assembly during a single game sequence (see par. [0074], The microcomputer 210 controls a catcher driving mechanism 211 for driving the gift gripping device 34, namely, a catcher; also see par. [0085], When it is decided in step A7 that the operation of the transverse movement control button 37 and the longitudinal movement control button 38 has been ended, an image recording operation for recording a live image is started in step A8);
a camera assembly comprising a camera mounted within the upper portion of the housing (see par. [0074], a first camera moving mechanism 212 for moving the first camera 35, and a second camera moving mechanism 213 for moving the second camera 42; also see par. [0068], A gift exhibiting condition monitoring camera 42, namely, a second camera, for monitoring the gift exhibiting condition in the gift exhibiting space A is disposed, for example, at a position above the right-hand back corner of the gift exhibiting space A of each satellite unit 3. A player monitoring camera 56 (FIG. 2), namely, a third camera, is disposed at a position in the vicinity of the monitor 7); and
a photo booth control unit configured to monitor the at least one unique signal generated by the claw control unit, to sense the at least one unique signal that correlates to the event related to the movement of the claw assembly, and to instruct the camera to take a photo of a user in response to the sensing of the at least one unique signal (see par. [0085], When it is decided in step A7 that the operation of the transverse movement control button 37 and the longitudinal movement control button 38 has been ended, an image recording operation for recording a live image is started in step A8; also see par. [0111], In the commemorative picture taking mode, a picture of the player is taken by the third camera 56 disposed at the center of the upper side of the monitor 7).
Regarding claim 2, Fukazawa discloses wherein the claw control unit is configured to produce a plurality of unique signals that each correlate to a unique event related to the movement of the claw assembly (see par. [0085], When the control buttons 37 and 38 are operated in step A5 in a state where the live image of the space right below the catcher 34 provided by the first camera 35 is displayed by the monitor 7, the catcher 34 is moved according to the operation of the control buttons 37 and 38 in step A6 until it is decided in step A7 that the operation of the control buttons is ended).
Regarding claim 3, Fukazawa discloses wherein at least one of the plurality of unique signals is configured to correlate to an initial activation of a joystick, a depression of a descend button, movement of a plurality of flanges on the claw assembly from an open position to a closed position, and movement of the plurality of flanges from the closed position to the open position (see par. [0085], When the control buttons 37 and 38 are operated in step A5 in a state where the live image of the space right below the catcher 34 provided by the first camera 35 is displayed by the monitor 7, the catcher 34 is moved according to the operation of the control buttons 37 and 38 in step A6 until it is decided in step A7 that the operation of the control buttons is ended; also see par. [0088], In step A9, the catcher 34 is moved down substantially simultaneously with the start of the image recording operation).
Regarding claim 10, Fukazawa discloses wherein the at least one unique signal correlates to the activation of the claw arcade game, and wherein the photo booth control unit is configured to instruct the camera to take a photo of the user upon sensing the at least one unique signal (see par. [0085], When the control buttons 37 and 38 are operated in step A5 in a state where the live image of the space right below the catcher 34 provided by the first camera 35 is displayed by the monitor 7, the catcher 34 is moved according to the operation of the control buttons 37 and 38 in step A6 until it is decided in step A7 that the operation of the control buttons is ended; ; also see par. [0111], In the commemorative picture taking mode, a picture of the player is taken by the third camera 56 disposed at the center of the upper side of the monitor 7).
Regarding claim 11, Fukazawa discloses wherein the photo booth control unit is further configured to take at least one additional photo of the user at a predetermined amount of time after sensing the at least one unique signal correlated to the activation of the claw arcade game (see par. [0107], The procedure is suspended in step A27 for a predetermined time between about 0.5 and 1 second, and then the image recording operation which started in step A8 is terminated in step A28, the acquisition presentation mode is started in step A29, the operation of the first camera 35 is stopped in step A30, the procedure is suspended for a predetermined time in step A31, and then a commemorative picture photographing mode is started in step A32; also see par. [0111], In the commemorative picture taking mode, a picture of the player is taken by the third camera 56 disposed at the center of the upper side of the monitor 7).
Regarding claim 12, Fukazawa discloses a method of interfacing a photo booth feature with a claw arcade game, the method comprising the steps of:
providing a claw arcade game comprising a housing, wherein the housing comprises an upper portion and a lower portion separated by a shelf, a claw assembly that is movable within the housing, and a claw control unit configured to control the movement of the claw assembly within the housing, wherein the claw control unit generates at least one unique signal that correlates to a movement of the claw assembly during a single game sequence (see fig. 2 and par. [0057], As shown in FIG. 3, a gift support plate 12 is extended horizontally in an upper part of a casing 11 of the satellite unit 3 in a shape resembling a rectangular sold; The gift support plate 12 defines the bottom side of a gift exhibiting space A; thus the space above the gift support plate would be the upper portion and the space below the gift support plate would be the lower portion; also see par. [0063], gift gripping device 34; Paired gripping fingers 34b are supported so as to be turned away from and toward each other; also see par. [0074], The microcomputer 210 controls a catcher driving mechanism 211 for driving the gift gripping device 34, namely, a catcher; also see par. [0085], When it is decided in step A7 that the operation of the transverse movement control button 37 and the longitudinal movement control button 38 has been ended, an image recording operation for recording a live image is started in step A8);
identifying at least one desired point during the single game sequence at which a photograph should be taken (see par. [0085], When the control buttons 37 and 38 are operated in step A5 in a state where the live image of the space right below the catcher 34 provided by the first camera 35 is displayed by the monitor 7, the catcher 34 is moved according to the operation of the control buttons 37 and 38 in step A6 until it is decided in step A7 that the operation of the control buttons is ended);
configuring a photo booth control unit to sense the at least one unique signal, and in response to sensing of the at least one unique signal, to instruct a camera to take a photograph (see par. [0085], When it is decided in step A7 that the operation of the transverse movement control button 37 and the longitudinal movement control button 38 has been ended, an image recording operation for recording a live image is started in step A8).
Regarding claim 13, Fukazawa discloses wherein the at least one desired point during the single game sequence is selected from an initial activation of the claw arcade game, a depression of a descend button, movement of the plurality of flanges from the open position to the closed position, movement of the plurality of flanges from the closed position to the open position, or a combination thereof (see par. [0085], When the control buttons 37 and 38 are operated in step A5 in a state where the live image of the space right below the catcher 34 provided by the first camera 35 is displayed by the monitor 7, the catcher 34 is moved according to the operation of the control buttons 37 and 38 in step A6 until it is decided in step A7 that the operation of the control buttons is ended; also see par. [0088], In step A9, the catcher 34 is moved down substantially simultaneously with the start of the image recording operation).
Regarding claim 14, Fukazawa discloses wherein the at least one unique signal corresponds to the initial activation of the claw arcade game (see par. [0085], When the control buttons 37 and 38 are operated in step A5 in a state where the live image of the space right below the catcher 34 provided by the first camera 35 is displayed by the monitor 7, the catcher 34 is moved according to the operation of the control buttons 37 and 38 in step A6 until it is decided in step A7 that the operation of the control buttons is ended).
Regarding claim 15, Fukazawa discloses wherein the photo booth control unit is further configured to take at least one additional photo at a predetermined amount of time after sensing the at least one unique signal correlated to the activation of the claw arcade game (see par. [0107], The procedure is suspended in step A27 for a predetermined time between about 0.5 and 1 second, and then the image recording operation which started in step A8 is terminated in step A28, the acquisition presentation mode is started in step A29, the operation of the first camera 35 is stopped in step A30, the procedure is suspended for a predetermined time in step A31, and then a commemorative picture photographing mode is started in step A32).
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.
Claim(s) 4-6, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukazawa et al. (US 2009/0267302 A1) in view of Morgan (US 2004/0120008 A1).
Regarding claims 4 and 16, Fukazawa discloses the claw arcade game as discussed above. However, Fukazawa does not explicitly disclose wherein the photo booth control unit is also configured to monitor and sense signals received directly from a joystick and a descend button.
Morgan teaches an interactive photo kiosk where the photo kiosk can receive signals directly from an input device (see par. [0094], In such a situation, it is expected that the user would be provided with a input mechanism which could include, by way of example, a mechanical device such as a device that would be operated by the users foot and directly linked to the imaging device or would send a signal directly to the imaging device to instruct the imaging device to capture an image). 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 claw arcade game and photo booth of Fukazawa to receive signals directly from an input device as taught by Morgan as this is merely substituting one type of control mechanism (taking a photo based on gameplay) with another (taking a photo based on input signals) to achieve the similar result of taking photos with the photo booth.
Regarding claim 5, Morgan teaches wherein the photo booth control unit is configured to instruct the camera to take a photograph of a user upon sensing a signal from the claw control unit, the joystick, and the descend button, retrieve the photographs from the camera, and store the photographs in memory disposed within the photo booth control unit (see par. [0101], The kiosk of the present invention will be configured to capture one or more images of the user or users. These images can be stored in the control unit 24 or other memory device located separate from, in communication with or not in communication with the control unit 24).
Regarding claim 6, Morgan teaches wherein the photo booth control unit is configured to format the stored photographs and send the formatted photographs to a printer (see par. [0072], Still referring to FIG. 1, the kiosk 10 of the present invention has a printer 18. The printer 18 of the preferred embodiment serves as a printing device which is adapted to print an image whether it be manipulated or non-manipulated which is received from the imaging device on a substrate or a plurality of substrates).
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukazawa et al. (US 2009/0267302 A1) in view of Morgan (US 2004/0120008 A1) and further in view of Featherstone (US 10,310,361 B1).
Regarding claim 18, the combination of Fukazawa and Morgan discloses the method as discussed above including wherein the method further includes the step of retrieving the photographs from the camera, storing the photographs in digital memory within the photo booth control unit, and formatting the photographs (see Morgan par. [0101], The kiosk of the present invention will be configured to capture one or more images of the user or users. These images can be stored in the control unit 24 or other memory device located separate from, in communication with or not in communication with the control unit 24; also see Morgan par. [0072], Still referring to FIG. 1, the kiosk 10 of the present invention has a printer 18. The printer 18 of the preferred embodiment serves as a printing device which is adapted to print an image whether it be manipulated or non-manipulated which is received from the imaging device on a substrate or a plurality of substrates).
However, the combination of Fukazawa and Morgan does not explicitly disclose formatting the photographs into a single collage.
Featherstone teaches a personal imaging kiosk where the photos can be used to create a collage for the user (see Abstract, Such a controller includes a graphic user interface, and computer software instructions in communication with the graphic user interface and being configured to automatically superimpose a personalized collage of the captured images based on a demonstrative facial reply of the user to media content observed by the user at the modular booth). 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 method of Fukazawa and Morgan to create a photo collage as taught by Featherstone in order to personalize the photos for the user (see Featherstone, col. 2, lines 41-43, illustrating a preview of the personalized collage of the captured images).
Regarding claim 19, Morgan teaches wherein the method further comprises sending the collage to an attached printer (see par. [0072], Still referring to FIG. 1, the kiosk 10 of the present invention has a printer 18. The printer 18 of the preferred embodiment serves as a printing device which is adapted to print an image whether it be manipulated or non-manipulated which is received from the imaging device on a substrate or a plurality of substrates).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukazawa et al. (US 2009/0267302 A1) in view of Kaluza et al. (US 2012/0208652 A1).
Regarding claim 7, Fukazawa discloses the claw arcade game as discussed above. However, Fukazawa does not explicitly disclose wherein distal ends of the plurality of flanges are each covered with a polymeric tip.
Kaluza teaches a golf ball grabber where the ends of the grabber assembly can have a polymeric tip (see par. [0025], The movable grabber assembly, which includes at least three non-destructibly resiliently-deformable strip-like fingers, is preferably formed of a polymeric material). 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 claw arcade game and flanges of Fukazawa to use polymeric tips as taught by Kaluza in order to provide the essential non-destructibly resiliently-deformable qualities of the strip-like fingers (see Kaluza, par. [0025]).
Allowable Subject Matter
Claims 8, 9, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the references, alone or in combination, teach or suggest wherein the upper portion of the housing further comprises a tray configured to support a plurality of miniature bottles.
Response to Arguments
Applicant's arguments filed October 15th, 2025 have been fully considered but they are not persuasive.
Regarding Applicant’s argument that Fukazawa does not teach or suggest a device that includes a housing having an upper portion and a lower portion separated by a shelf, and also does not teach a claw assembly and a camera disposed within the upper portion of the housing, the Examiner disagrees. Though Applicant has amended independent claims 1 and 12 to include a portion of claim 8, the amended claim language does not include the allowable subject matter sufficient to overcome Fukazawa. As discussed above, Fukazawa discloses a housing having an upper portion and a lower portion separated by a shelf (see fig. 2 and par. [0057], As shown in FIG. 3, a gift support plate 12 is extended horizontally in an upper part of a casing 11 of the satellite unit 3 in a shape resembling a rectangular sold; The gift support plate 12 defines the bottom side of a gift exhibiting space A; thus the space above the gift support plate would be the upper portion and the space below the gift support plate would be the lower portion), and also discloses a claw assembly and a camera disposed within the upper portion of the housing (see par. [0062], Referring to FIGS. 3 and 4, an overhead traveling crane type gift acquiring machine 30 is disposed above the gift exhibiting space A defined by the gift support plate 12; The overhead gift acquiring machine 30 includes a gift gripping device 34, namely, a catcher; see par. [0068], A gift exhibiting condition monitoring camera 42, namely, a second camera, for monitoring the gift exhibiting condition in the gift exhibiting space A is disposed, for example, at a position above the right-hand back corner of the gift exhibiting space A of each satellite unit 3. A player monitoring camera 56 (FIG. 2), namely, a third camera, is disposed at a position in the vicinity of the monitor 7). Thus, Applicant’s arguments are not persuasive and the 102(a)(1) rejection in view of Fukazawa is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Riggles et al. (US 2018/0114399 A1), Chirnomas (US 2010/0025418 A1)
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.
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/ALLEN CHAN/Primary Examiner, Art Unit 3715 10/28/2025