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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a local control unit;” “a game controlling unit;” “a video capture device;” and “a media streaming unit;” in claims 1, 10 and 19.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. With regard to “a gaming control unit” this is interpreted based on applicant’s specification paragraph 0111; a video capture device appears to be a video camera, but as explained below in the 112(b) this does not make sense in that “a media streaming unit” is interpreted to be a video camera as discussed in 0106 of the specification.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As discussed above, the claims invoke 35 USC 112f; however “a local control unit” is never clearly defined in the specification. Additionally “a video capture device” which normally could be considered to be a camera is now in question because “a media streaming unit” is defined as a camera, as discussed above and thus it is unclear if a “video capture device” would be something else.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As discussed above “a local control unit” is not clearly defined in the specification, thus the metes and bounds of what Applicant is trying to claim here cannot be determined based upon 35 USC 112(f) invocation.
As discussed above “a media streamlining unit” is interpreted to be a “camera” as described in 0106 of the current specification “the media streaming unit 120 can be, but is not limited to, a still camera, a video camera, a color balancer camera, a thermal camera, an infrared camera, a telephoto camera, a wide-angle camera, a macro camera, a Close-Circuit Television (CCTV) camera, a web camera, an action camera, a motor controlled chassis configured to pan, tilt, or otherwise reposition the camera,, and so forth.” However, earlier in the claim it has a “video capture device” which also appears to be a camera. Thus, it is unclear how these interact with each other. While it seems that there should be a video capture device and then a separate device that streams information to a network, the specification is very clear that “a media streaming unit” is a camera. Applicant is advised to clarify the claims to the correct interpretation of what they intend to cover. While claim 19 first appears to be a bit clearer, “a media streaming unit comprising a video capture device” is actually a 112f within a 112f, so it is a camera that comprises a camera?
All dependent claims are rejected as depending from a previously rejected claim.
For the art rejected below, claims are interpreted as best understood.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2018110792 to Yamaguchi.
With regard to claim 1, Yamaguchi discloses a system for remote game play comprising: a game machine comprising local game controls and a local control unit, the local game controls configured to receive local player input and the local control unit configured to control an operation of the game machine based on the local player input (page 3, paragraphs 8 and 9 starting with “An operation console 18…;”) a game controlling unit coupled to the local control unit and configured to control the operation of the game machine via the local control unit (Page 2, paragraph 6, starting with “The game server 102…”; page 4, paragraph 4, “The game apparatus 1…”; Page 6, paragraph 4, “The communication unit 162…”)a video capture device, wherein the video capture device has a field of view of an exterior of the game machine (Page 3, paragraph 3, “That is, in order to display the video of the play space S online, cameras 10a and 10b (herein after, collectively referred to as ‘camera 10’ as appropriate) are respectively arranged in front and side of the prize storage unit 4”); a media streaming unit coupled to the video capture device and configured to receive a video stream therefrom (Page 3, paragraph 3; Page 6, paragraph 4); wherein the game controlling unit and the media streaming unit are communicatively coupled to a communication network (Page 3, paragraph 3; Page 6, paragraph 4); and wherein the media streaming unit transmits the video stream to a remote gaming application via the communication network and the game controlling unit receives remote player input from the gaming application via the communication network and controls the operation of the game machine based on the remote player input (Page 3, paragraph 3; Page 6, paragraph 4).
With regard to claim 2, Yamaguchi discloses that the media streaming unit streams a live view of the field of view of the game machine over the communication network (Page 3, paragraph 3; Page 6, paragraph 4).
With regard to claim 3, Yamaguchi discloses that the media streaming unit is external to the game machine (fig. 2; Page 3, paragraph 3).
With regard to claim 4, Yamaguchi discloses that the media streaming unit is configured to change the field of view based on the remote player input (page 7, paragraph 4; “The camera display button 182 is a button for switching an image captured by the camera 10.”).
With regard to claim 5, Yamaguchi discloses that the game controlling unit converts the remote player input into local control unit input (Page 3, paragraph 3; Page 6, paragraph 4).
With regard to claim 6, Yamaguchi discloses that the game controlling unit converts a digital signal based on the remote player input into mechanical or optical in0person control unit input (Page 3, paragraph 3; Page 6, paragraph 4).
With regard to claim 7, Yamaguchi discloses that the game controlling unit comprises a programmable logic control (PLC) or a microprocessor (Page 4, paragraph 4).
With regard to claim 8, Yamaguchi discloses a second video capture device unit having a second field of view different from the first field of view and coupled to them media streaming device (fig. 2; Page, 3, paragraph 3).
With regard to claim 9, Yamaguchi discloses that the game of the game machine is initiated based on the remote player input (page 10, paragraph 6, “The control unit 30…”).
Claims 10-14 are mirrored claims to claims 1, 7, 6, 3, and 2 respectively and are rejected in like manner.
With regard to claim 15¸Yamaguchi discloses comprising synchronizing the video stream and the operation of the game machine (Page 3, paragraph 3; Page 6, paragraph 4).
With regard to claim 16, Yamaguchi discloses comprising determining if the game machine is available for remote game play or unavailable for remote game play (Page 7, paragraphs 1 and 2, “The waiting number of persons 174…”).
With regard to claim 17, Yamaguchi discloses comprising enabling the game controlling unit to control the operation of the game machine based on a determination that the game machine is available (Page 7, paragraphs 1 and 2).
With regard to claim 18, Yamaguchi discloses disabling control of the game machine by the game controlling unit based on a determination that the game machine is unavailable (Page 7, paragraphs 1 and 2).
With regard to claim 19, Yamaguchi discloses a real-time remote game play system, comprising: a game machine provided at a first location, the game machine configured for in-person game play, wherein the game machine comprises a local control unit for receiving local player input (page 3, paragraphs 8 and 9); a user device provided at a second location different than the first location, the user device configured to transmit remote player input from a remote player to the game machine (Page 3, paragraph 3; Page 6, paragraph 4); a communication network communicatively coupling the game machine and the user device (Page 3, paragraph 3; Page 6, paragraph 4); a media streaming unit comprising a video capture device capturing a video stream having a field of view including an exterior of the game machine and transmitting the video stream to the user (fig. 2; Page 3, paragraph 3; Page 6, paragraph 5); a turn broker configured to determining is the game machine is available for gameplay (Page 7 paragraphs 1 and 2); a game controlling unit coupled to the in-person control unit and the communication network (Page 3, paragraph 3; Page 6, paragraph 4); wherein based upon a determination that the game machine is available for gameplay, the game controlling unit converts the remote player input into local player input for controlling the game machine (Page 3, paragraph 3; Page 6, paragraph 4, Page 7, paragraphs 1 and 2).
With regard to claim 20, Yamaguchi discloses a second game machine having a second local control unit configured to control the second game machine based upon input from a second local player; wherein the communication network communicatively couples the second game machine and the user device; a second game controlling unit coupled to the second local control unit; and wherein, based upon a determination by the turn broker that the second game machine is available for gameplay, the second game controlling unit converts the remote player input into second locally player inputs for controlling the second game machine (Page 2,paragraph 1, wherein it describes by a large number of game machines; Page 3, paragraph 3; Page 6, paragraph 4, Page 7, paragraphs 1 and 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jay Liddle whose telephone number is (571)270-1226. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at 571-272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jay Trent Liddle/Primary Examiner, Art Unit 3715