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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/02/2026 has been entered.
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 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.
Claim(s) 1, 3-8, 10-15 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taylor et al., U.S. Patent Publication Number 2016/0314609 A1, in view of Zhang, U.S. Patent Publication number 2023/0400323 A1.
Regarding claim 1, Taylor discloses a virtual scene presentation method, comprising: identifying a physical object in an environment space (paragraph 0012, physical object may be identified as a particular physical object; paragraph 0176, detect and identify a physical object; a camera, that collects image data of the real-world object); determining a scene type corresponding to the environment space (paragraph 0080, sensor monitors the real-world scene; data from the sensor is analyzed; various items shown in the real-world background (such as the water and the sand that are part of the real-world background); paragraph 0074, identifier of the real-world background; these attributes are associated with an instance of a virtual scene; attributes may include a place attribute with the value “beach”’); obtaining a virtual scene set associated with the scene type (paragraph 0081, determines attributes of a virtual scene that is based on the real-world scene); presenting a virtual scene from the virtual scene set on a display area of the physical object (paragraph 0059, a digital representation that, when presented visually, provides a visual perceivable representation of the virtual object; paragraph 0078, generates the virtual scene based on the attributes and displays the virtual scene on a display); presentation of different virtual scenes from the virtual scene set on the display area of the physical object (paragraph 0078, scene state database is updated based on the virtual scene; paragraph 0154, system receives inputs from an external source; weather conditions may be used to further modify the virtual scene; for example, if the external input indicates that the weather in the vicinity of the system is “rainy” then the electronic representation of the fire pit is not modified to include the animation of flames), wherein, the determining the scene type corresponding to the environment space comprises: determining the scene type corresponding to the environment space according to at least one of the following scene information of the environment space: current time information, or light intensity (paragraph 0011, input may be received from an external source; virtual space is updated based on one or more rules of the input; input from an external source includes one of more of an indication of a position, a location, a time of year, a time of day, a day of the week).
However, it is noted that although Taylor discloses updating based on time of day, but fails to specifically recite switching instruction for scene presentation, performing switching presentation of different virtual scenes from the virtual scene set on the display area of the physical object.
Zhang discloses switching instruction (FIG. 4) for scene presentation, performing switching (paragraph 0165, switching mode is used due to different time differences and climates).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the presentation of different virtual scenes from the virtual scene set as disclosed by Taylor, as a switching performance or mode as disclosed by Zhang, to allow the user to perceive an external real-time environment in real-time of the corresponding virtual scene due to different time differences and climates.
Regarding claim 3, Taylor discloses wherein, the scene type corresponding to the environment space is a daytime type or a nighttime type (paragraph 0120, types of conditions may include “winter”, “beach”, “day”, and “night”).
Regarding claim 4, Taylor discloses wherein, the determining the scene type corresponding to the environment space comprises: detecting whether there is a preset key object in the physical object: and if it is learned through detection that there is the key object, querying preset scene type information corresponding to the key object, to determine the scene type corresponding to the environment space (paragraph 0074, identifier of the real-world background; these attributes are associated with an instance of a virtual scene; attributes may include a place attribute with the value “beach”’ and an attribute that indicates the real-world scene identified by the sensor data analysis module include objects “water,” “palm tree”, “boardwalk”, and “sand”).
Regarding claim 5, Taylor discloses wherein, the scene type corresponding to the environment space is an office type, or a bedroom type, or a study room type (paragraph 0119, may be in an environment, which has an associated set of environment rules; environment is a surrounding that is distinguished from other surrounding by conditions such as time of day; paragraph 0120, classes of conditions may include “office buildings”, “houses”).
Regarding claim 6, Taylor discloses wherein, the obtaining the virtual scene set associated with the scene type comprises: parsing content of a candidate virtual scene, and extracting a scene label of the candidate virtual scene (paragraph 0081, querying the scene state database with an identifier of the background and retrieving attributes that are stored in the scene state database); and matching the scene label with the scene type, and screening out a candidate virtual scene successfully matched, as the virtual scene set associated with the scene type (paragraph 0081, location attribute of the corresponding virtual scene is “beach”; paragraph 0074, scene state database stores attributes in association with the identifier of the real-world background; attributes are attributes associate with an instance of a virtual scene; attributes may include a place attribute with the value “beach” ).
Regarding claim 7, Taylor discloses further comprising: in response to a scene preference keyword inputted by a user, detecting whether the scene label in the virtual scene set is matched with the scene preference keyword (paragraph 0074, attributes may include a place attribute with the value “beach”; paragraph 0093, comparing the data to the data metric prevents poor-quality data and/or data that include inappropriate content from being included); deleting a virtual scene unsuccessfully matched from the virtual scene set according to a match result (paragraph 0184, foreground object and/or the features of the foreground object are compared with a finite set of targets; when a match is found, the application or the process may then perform any number of actions, including determining that a change to the background has occurred; background data may be redefined; paragraph 0082, virtual scene 430B is an instance of the virtual scene 430; virtual scene 430B shows the virtual scene 430 shortly after a time t2; virtual scene 430B is updated as compared to the virtual scene 430; paragraph 0087, modified virtual scene 430C is generated based on the applied rules; paragraph 0093, measure of the user’s positive or negative reaction to the snapshot and may be used to create similar virtual scenes (in the case of a positive reaction) or to not create similar virtual scenes (in the case of a negative reaction)); and if the number of virtual scenes successfully matched is less than a preset threshold, sending the scene preference keyword and the scene type to a data platform, and prompting supplementing the virtual scene set (paragraph 0076, attributes of the virtual scene that is associated with the real-world background may be pre-set; may be configured to allow the user to enter some or all of the attributes of the virtual scene that is associated with the real-world background into the scene state database).
Regarding claim 8, Taylor discloses wherein, the presenting the virtual scene from the virtual scene set on the display area of the physical object comprises: obtaining a target physical object from the physical object according to indication information of the user (paragraph 0179, foreground object has been analyzed, one of several approaches may be applied to identify the object from a finite set of targets); extracting a current feature value of each pixel point of the target physical object (paragraph 0179, may include, for example, an analysis on red-green-blue (RGB) color channels, a detection of a shape the object; paragraph 0184, may determine feature of the detected foreground object); obtaining a reference feature value corresponding to each pixel point of the target physical object according to a virtual scene to be presented (paragraph 0181, detecting the changes per pixel may include determining a value (for example, an HSB value) associated with each pixel in a current image from the sensor and a previous image from the sensor); and comparing the current feature value and the reference feature value of each pixel point of the target physical object, determining whether to update the current feature value according to a comparison result, and presenting the virtual scene from the virtual scene set by an update result (paragraph 0181, the determined values associated with each pixel in the current image and the corresponding pixel in the previous image are compared; a change may be detected based on the results of the comparison; paragraph 0184, when a match is found, the application or the process may then perform any number of actions, including determining that a change to the background has occurred; in that instance, initial background data may be redefined).
Regarding claim 10, Taylor discloses wherein, the in response to the scene presentation comprises: in response to a detection that an environmental light brightness change value inside the environment space is greater than or equal to a preset brightness threshold; or in response to a detection that the user performs a trigger operation on a scene switching control on a virtual device; or in response to a detection that a current time meets a preset presentation carousel time (paragraph 0127, context-based stimuli is an elapsed time of one month, the rule specifies how to advance the digital content 672 and/or the representation 674 by one month. Thus, if the digital content 672 relates to a late winter scene, the rule modifies the digital content 672 to be an early spring scene; paragraph 0093, data from the sensor is analyzed and compared to a data metric and only used if the metric exceeds the threshold; data metric may be a numerical metric that represents the quality of data from the sensor; paragraph 0181, looking for changes between the initial background data and new (or current) data from the sensor; paragraph 0184, analysis may determine features of the detected foreground object, for example the presence of infrared light; determining that a change to the background has occurred; initial background data may be redefined).
Zhang discloses switching instruction (paragraph 0164, switching mode is used due to different time differences and climates).
Regarding claim 11, Taylor discloses in response to receiving a fixing-presentation instruction sent by the user, stopping performing the switching presentation (paragraph 0061, the attributes of the virtual object may be static (unchanging and persistent) during the execution of the application; some or all of the attributes associated with a particular virtual object, some or all of the attributes, may change while the application is running; some attributes have static aspects that do not change while the application is running).
Regarding claim 12, Taylor discloses further comprising: according to a virtual scene currently presented, playing background music matched with the virtual scene (paragraph 0059, digital representation may include an audio component that produces a particular audible sound that is an audible representation of the virtual object; paragraph 0094, may cause the virtual cat to pick up a virtual microphone and to begin sing dance).
Regarding claim 13, it is rejected based upon similar rational as above claim 1. Taylor further discloses a non-transitory computer-readable storage medium, having therein stored instructions which, when run on a terminal device, cause the terminal device to implement the steps of (paragraph 0049).
Regarding claims 14, 15 and 17-19, they are rejected based upon similar rational as above claims 1, 8 and 10-12, respectively. Taylor further discloses a device (110, mobile device), comprising: a memory (113, electronic storage), a processor (112, electronic processor), and a computer program stored in the memory and being runnable on the processor, the computer program, when executed by the processor, implements the steps (paragraphs 0047-0048).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-8, 10-15 and 17-19 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.
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MOTILEWA . GOOD JOHNSON
Primary Examiner
Art Unit 2616
/MOTILEWA GOOD-JOHNSON/Primary Examiner, Art Unit 2619
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