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 .
Response to Amendment
Examiner acknowledges receipt of Applicant’s amendments and arguments filed 02/20/2026. The arguments set forth are addressed herein below.
Applicant’s amendments necessitated the new ground of rejection set forth herein; therefore, this action is made Final.
Previous rejection under 35 USC 101 is withdrawn.
Previous objection of the title/specification is hereby withdrawn.
Applicant’s IDS submission is acknowledged and provided herewith.
Claims 1-17 are now pending.
AIA Notice
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.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2019/0172265 A1 to Cossairt et al. (hereinafter Cossairt) in view of U.S. Patent Application Publication 2018/0214777 A1 to Hingorani.
Claim 1, and similarly recited Claims 10-12, 16, and 17, (currently amended): discloses a non-transitory computer-readable storage medium operations comprising:
acquiring a captured image of the real space (figs. 1-4, paras. [0024], [0028], [0033], [0034], [0035] discloses for example, FIG. 3 is a diagram illustrating skeletal models 80 (e.g., skeletal models 80A and 80B) and shadow models 82 (e.g., shadow models 82A and 82B) representative of players in the 3D play area 16A. FIG. 3 also illustrates corresponding virtual representations 14 (e.g., virtual representations 14A and 14B) of these players presented in the virtual environment 32 on the display device 24, in accordance with the present technique. As illustrated, the represented players are located at different positions within the 3D play area 16A of the interactive video game system 10 during game play, as indicated by the locations of the skeletal models 80 and the shadow models 82);
generating a virtual space corresponding to the real space from the captured image (figs. 1-4);
arranging an instruction object that instructs the user to perform a motion at a position that is based on a reference position corresponding to the user in the virtual space such that the instruction object is visible to the user (figs. 3-5, paras. [0045]-[0046], [0049]-[0050] discloses continuing through the example process 110, next, the interactive video game system 10 generates (block 116) a corresponding virtual representation for each player based, at least in part on, the on the scanning data collected for each player and/or one or more the models generated for each player. For example, in certain embodiments, the processing circuitry 35 of the primary controller 34 may use a shadow model generated in block 114 as a basis to generate a virtual representation of a player. It may be appreciated that, in certain embodiments, the virtual representations 14 may have a shape or outline that is substantially similar to the shadow model of the corresponding player, as illustrated in FIGS. 3 and 4);
displaying the virtual space in which at least the instruction object is arranged in association with the real space (figs. 3-5, paras. [0045]-[0046], [0049]-[0050] discloses once game play begins, the virtual representations 14 generated in block 116 and presented in block 118 are capable of interacting with one another and/or with virtual objects (e.g., virtual objects 92 and 94) in the virtual environment 32, as discussed herein with respect to FIGS. 3 and 4. During game play, the interactive video game system 10 generally determines (block 120) the in-game actions of each of the players 12 in the play area 16 and the corresponding in-game effects of these in-game actions. Additionally, the interactive video game system 10 generally updates (block 122) the corresponding virtual representations 14 of the players 12 and/or the virtual environment 32 based on the in-game actions of the players 12 in the play area 16 and the corresponding in-game effects determined in block 120);
detecting a motion of at least a part of a body of the user from the captured image (figs. 3-5, paras. [0045]-[0046], [0049]-[0050] discloses once game play begins, the virtual representations 14 generated in block 116 and presented in block 118 are capable of interacting with one another and/or with virtual objects (e.g., virtual objects 92 and 94) in the virtual environment 32, as discussed herein with respect to FIGS. 3 and 4. During game play, the interactive video game system 10 generally determines (block 120) the in-game actions of each of the players 12 in the play area 16 and the corresponding in-game effects of these in-game actions. Additionally, the interactive video game system 10 generally updates (block 122) the corresponding virtual representations 14 of the players 12 and/or the virtual environment 32 based on the in-game actions of the players 12 in the play area 16 and the corresponding in-game effects determined in block 120); and
evaluating the detected motion based on a timing and position that are based on the instruction object arranged in the virtual space (paras. [0043]-[0044]).
However, it does not explicitly disclose:
wherein the instruction object is an object that is displayed to guide the user as to a timing and position at which the user is to perform the motion of the user in the real space,
wherein the instruction object includes a plurality of instruction objects, and the plurality of instruction objects include a determination object and a mobile object,
wherein the determination object is arranged at a determination position that serves as a determination standard for evaluating the motion of user,
wherein the mobile object moves toward the determination position at which the determination object is arranged, and
wherein a timing and position at which the mobile object reaches the determination position while the mobile object is gradually moving is the timing and position at which the user is to perform the motion of the user in the real space.
In a related invention, Hingorani discloses:
wherein the instruction object is an object that is displayed to guide the user as to a timing and position at which the user is to perform the motion of the user in the real space (Figs. 1, 7A-7B, paras. [0022]-[0023]),
wherein the instruction object includes a plurality of instruction objects, and the plurality of instruction objects include a determination object and a mobile object (Figs. 1, 7A-7B, paras. [0022]-[0023]),
wherein the determination object is arranged at a determination position that serves as a determination standard for evaluating the motion of user (Figs. 1, 7A-7B, paras. [0022]-[0023]),
wherein the mobile object moves toward the determination position at which the determination object is arranged (Figs. 1, 7A-7B, paras. [0022]-[0023]), and
wherein a timing and position at which the mobile object reaches the determination position while the mobile object is gradually moving is the timing and position at which the user is to perform the motion of the user in the real space (Figs. 1, 7A-7B, paras. [0022]-[0023]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Hingorani with the gaming system of Coissairt in order to cue the user precisely when and where to perform the motion.
Regarding Claim 2, (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium
Regarding Claim 3. (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium a position at which the instruction object is arranged to a part of the virtual space depending on an orientation of the user wearing the image output device (Coissairt figs. 1-7, paras. [0055], [0074] discloses when the determined in-game action is a movement of a player, then the in-game effect may be a corresponding change in position of the corresponding virtual representation within the virtual environment. When the determined in-game action is a jump, the in-game effect may include moving the virtual representation along the y-axis 20, as illustrated in FIGS. 1-4).
Regarding Claim 4. (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium operations further perform comprise the step of detecting an image corresponding to the user from the captured image, and the reference position includes a second reference position in the virtual space of the detected image corresponding to the user (Coissairt, figs. 1-7, paras. [0044]-[0050], [0055], [0074] discloses when the determined in-game action is a movement of a player, then the in-game effect may be a corresponding change in position of the corresponding virtual representation within the virtual environment. When the determined in-game action is a jump, the in-game effect may include moving the virtual representation along the y-axis 20, as illustrated in FIGS. 1-4).
Regarding Claim 5. (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium operations further perform the step of comprise detecting an image corresponding to the user from the captured image, and the reference position includes a second reference position in the virtual space of the detected image corresponding to the user (Coissairt, (figs. 1-7, paras. [0044]-[0050], [0055], [0074] discloses when the determined in-game action is a movement of a player, then the in-game effect may be a corresponding change in position of the corresponding virtual representation within the virtual environment. When the determined in-game action is a jump, the in-game effect may include moving the virtual representation along the y-axis 20, as illustrated in FIGS. 1-4).
Regarding Claim 6. (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium
Regarding Claim 7. (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium
Regarding Claim 8. (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium
Regarding Claim 9. (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium
Regarding Claim 13. (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium causing the display unit to display step of displaying includes reversing the composite image left to right and causing the display unit to display the reversed composite image (Coissairt, figs. 1-7, paras. [0044]-[0050], [0055], [0074]).
Regarding Claim 14. (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium
Regarding Claim 15, (currently amended): Coissairt in view of Hingorani discloses the non-transitory computer-readable storage medium game program according to claim 1, wherein content of
Response to Arguments/Remarks
Applicant’s arguments filed 02/20/2026 have been fully considered.
Applicant’s argument and amendment overcomes the 35 USC 101 rejection. This rejection is hereby withdrawn.
Applicant’s argument that Coissart does not disclose the newly amended claim language is persuasive as to the anticipation and thus the rejection under 35 USC 102 is hereby withdrawn and replaced with a new 35 USC 103 rejection necessitated by the amendments above.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAUNA-KAY HALL whose telephone number is (571)270-1419. The examiner can normally be reached M-F 9:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.N.H/Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
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