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 limitations are: “information acquisition unit” and “determination processing unit” in claim 1.
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.
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 § 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 1-3, 5-7, 11-13, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hou et al. (US Pub. 2021/0110617), hereinafter Hou.
Regarding claim 1, Hou discloses an information processing apparatus comprising: an information acquisition unit that acquires attribute information of a user, the attribute information being obtained on a basis of a captured image captured by an imaging device disposed in a real space (Paragraph [0070]: the attribute information may include, but not limited to, the age, height, dressing, expression and the like of the user. In a possible implementation mode, a process of determining the attribute information of the user through the image recognition technology may include that: image data of the user is acquired, and the attribute information of the user is acquired from the image data of the user based on the image recognition technology. The image data may be acquired in a manner of, for example, acquiring through a built-in camera (for example, a front camera) of the AR device or acquiring through a camera deployed in the reality scene and independent of the AR device, or may also be acquired through image data, transmitted to the AR device through another device, of the user); and a determination processing unit that determines a presentation mode of XR content to be presented to the user on a basis of the attribute information (Paragraphs [0078]-[0081]: when there are multiple virtual objects, the virtual object corresponding to the AR device may be determined based on the attribute information of the user associated with the AR device. One or more types of attribute information may be selected from the attribute information of the user as second attribute information of the AR device, and a matched virtual object may be located for the AR device based on the second attribute information. The second attribute information may be the same as or different from the first attribute information adopted when whether the AR device satisfies the preset attribute condition is determined. The circumstance that the first attribute information is different from the second attribute information is exemplarily described: when the first attribute information is that the user gender is female, the second attribute information may be the user age, and different virtual objects may be matched with the user based on different user ages. Specifically, when the user age is 3 to 10, the corresponding virtual object may be a cartoon animal; when the user age is 11 to 18, the corresponding virtual object may be a game character; when the user age is 19 to 30, the corresponding virtual object may be stars; and so on. The circumstance that the first attribute information is the same as the second attribute information is exemplarily described: taking the circumstance that both the first attribute information and the second attribute information are the user age as an example, when the first attribute information is that the user age is under 20 (20 is included) and the second attribute information is that the user age is under 5, the corresponding virtual object is a cartoon animal; when the user age is 5 to 10 (5 is included but 10 is not included), the corresponding virtual object is a cartoon figure; and when the user age is 10 to 20 (10 and 20 are included), the corresponding virtual object is a movie/television star…after a virtual object matched with the attribute information is determined, presentation data including a moving state of the virtual object can be generated based on a movement position of the matched virtual object and the position data of the AR device).
Regarding claim 2, Hou discloses the information processing apparatus according to claim 1, wherein the attribute information is information obtained by performing image analysis processing on the captured image (Paragraphs [0067]-[0070]: the attribute information of the user is determined through an image recognition technology…a process of determining the attribute information of the user through the image recognition technology may include that: image data of the user is acquired, and the attribute information of the user is acquired from the image data of the user based on the image recognition technology).
Regarding claim 3, Hou discloses the information processing apparatus according to claim 1, wherein the imaging device is a mobile terminal carried by the user (Paragraph [0041]: the AR device may be an intelligent device capable of supporting an AR function. Exemplarily, the AR device includes, but not limited to, an electronic device capable of presenting an AR effect, such as a mobile phone, a tablet computer and AR glasses).
Regarding claim 5, Hou discloses the information processing apparatus according to claim 1, wherein the attribute information includes height information of the user (Paragraph [0070]: the attribute information may include, but not limited to, the age, height, dressing, expression and the like of the user. In a possible implementation mode, a process of determining the attribute information of the user through the image recognition technology may include that: image data of the user is acquired, and the attribute information of the user is acquired from the image data of the user based on the image recognition technology).
Regarding claim 6, Hou discloses the information processing apparatus according to claim 1, wherein the attribute information includes information regarding liking/preference of the user (Paragraph [0080]: the moving state of the virtual object may also be customized for a user based on a user requirement. For example, when AR device 1 acquires indication information about an interest in star 1, presentation data including a moving state of the star 1 can be generated; and when AR device 2 acquires indication information about an interest in star 2, presentation data including a moving state of the star 2 can be generated).
Regarding claim 7, Hou discloses the information processing apparatus according to claim 5, wherein the determination processing unit determines a height position of a virtual object included in the XR content (Paragraphs [0072]-[0073]: the operation that the presentation data including the moving state of the virtual object is determined based on the movement position of the virtual object and the position data of the AR device may include:…the moving path of the virtual object is acquired based on the movement position of the virtual object and the position data of the AR device).
Regarding claim 11, Hou discloses the information processing apparatus according to claim 1, further comprising a reception processing unit that receives the captured image from the imaging device, wherein the information acquisition unit acquires the attribute information by performing image analysis processing on the captured image (Fig. 8; Paragraphs [0067]-[0070]: the attribute information of the user is determined through an image recognition technology…a process of determining the attribute information of the user through the image recognition technology may include that: image data of the user is acquired, and the attribute information of the user is acquired from the image data of the user based on the image recognition technology).
Regarding claim 12, Hou discloses the information processing apparatus according to claim 11, wherein the information acquisition unit acquires, from the imaging device, the attribute information obtained by the imaging device on a basis of the captured image (Fig. 8; Paragraphs [0067]-[0070]: the attribute information of the user is determined through an image recognition technology…a process of determining the attribute information of the user through the image recognition technology may include that: image data of the user is acquired, and the attribute information of the user is acquired from the image data of the user based on the image recognition technology).
Regarding claim 13, Hou discloses the information processing apparatus according to claim 12, wherein the attribute information acquired from the imaging device does not include information capable of identifying a specific individual (Paragraph [0063]: the attribute information may include, but not limited to, at least one of: age of the user, gender of the user, occupational attribute of the user, and interested virtual object information preset by the user).
Regarding claim 17, Hou discloses the information processing apparatus according to claim 1, wherein the information acquisition unit acquires the attribute information on a basis of the captured image and position information of the user (Paragraph [0071]: when the preset attribute condition is that the user gender is female, under the circumstance that the position data of the AR device is in the target regional range and the first attribute information of the user associated with the AR device is that “the user gender is female”, the AR device meets the preset presentation condition; and under the circumstance that the position data of the AR device is not in the target regional range or the first attribute information of the user associated with the AR device is that “the user gender is male”, the AR device does not meet the preset presentation condition. The preset presentation condition is set to select AR devices, and presentation data including a moving state of a virtual object can be determined based on position data of an AR device meeting the preset presentation condition and the presentation data is presented on the corresponding AR device, so that the flexibility in presentation of the AR scene is improved).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hou, in view of Kaehler et al. (US Pub. 2018/0096503), hereinafter Kaehler.
Regarding claim 4, Hou discloses the information processing apparatus according to claim 1.
Hou does not explicitly disclose wherein the imaging device is a fixed imaging device disposed at a fixed position in the real space.
However, Kaehler teaches presentation in an XR environment (Paragraph [0078]), wherein the imaging device is a fixed imaging device disposed at a fixed position in the real space (Paragraph [0078]: MR environment 700 may be configured to receive input (e.g., visual input 702 from the user's wearable system, stationary input 704 such as room cameras, sensory input 706 from various sensors, gestures, totems, eye tracking, user input from the user input device 466 etc.) from one or more user wearable systems (e.g., wearable system 200 or display system 220) or stationary room systems (e.g., room cameras, etc.). The wearable systems can use various sensors (e.g., accelerometers, gyroscopes, temperature sensors, movement sensors, depth sensors, GPS sensors, inward-facing imaging system, outward-facing imaging system, etc.) to determine the location and various other attributes of the environment of the user. This information may further be supplemented with information from stationary cameras in the room that may provide images or various cues from a different point of view. The image data acquired by the cameras (such as the room cameras and/or the cameras of the outward-facing imaging system) may be reduced to a set of mapping points). Kaehler teaches that this will allow for determination of attributes of the environment of the user (Paragraph [0078]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hou with the features of above as taught by Kaehler so as to allow for determination of attributes as presented by Kaehler.
Claims 8-10 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hou, in view of Sugihara et al. (US Pub. 2021/0256263), hereinafter Sugihara.
Regarding claim 8, Hou discloses the information processing apparatus according to claim 1
Hou does not explicitly disclose wherein the determination processing unit determines a type of a virtual object included in the XR content.
However, Sugihara teaches virtual display according to user attributes (Paragraph [0034]; Paragraph [0058]), comprising wherein the determination processing unit determines a type of a virtual object included in the XR content (Fig. 13; Paragraph [0070]: the display controlling section 129 acquires, on the basis of the agent definition information 132 (FIG. 5), the action of the agent “go to eatery” and the action type “action involving thinking” which correspond to the suggestion information “eat in eatery”. The display controlling section 129 controls the display unit 150 to display, in the field of view 50-2, agents (an agent 32-1 and an agent 32-2) that perform the action of the agent “go to eatery” that has been acquired by the suggestion information acquiring section 122. It is to be noted that the number of agents displayed in the field of view 50-2 should not be limited to two, and may be one or three or more). Sugihara teaches that this will allow user be informed of what is presented (Paragraphs [0070]-[0073]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hou with the features of above as taught by Sugihara so as to allow for user be informed of what is presented as presented by Sugihara.
Regarding claim 9, Hou, in view of Sugihara teaches the information processing apparatus according to claim 8, Sugihara discloses wherein the determination processing unit selects a virtual object to be presented to the user from a plurality of the virtual objects (Fig. 13; Paragraph [0107]: the display controlling section 129 acquires, on the basis of the agent model information 134 corresponding to the perceptual action, an agent model “humanoid agent” corresponding to the perception type “vision”. The display controlling section 129 then controls the display unit 150 to display, in the field of view 50-6, the agent model “humanoid agent” (an agent 32-9) that performs the action of the agent “direct the line of sight to the real object (real object 31-4)).
Regarding claim 10, Hou, in view of Sugihara teaches the information processing apparatus according to claim 8, Sugihara discloses wherein the determination processing unit changes a type of the virtual object by changing a character type (Fig. 13; Paragraph [0107]: the display controlling section 129 acquires, on the basis of the agent model information 134 corresponding to the perceptual action, an agent model “humanoid agent” corresponding to the perception type “vision”. The display controlling section 129 then controls the display unit 150 to display, in the field of view 50-6, the agent model “humanoid agent” (an agent 32-9) that performs the action of the agent “direct the line of sight to the real object (real object 31-4)).
Regarding claim 14, Hou discloses the information processing apparatus according to claim 1, wherein the determination processing unit performs the determination on a basis of the attribute information (Paragraphs [0078]-[0081]: when there are multiple virtual objects, the virtual object corresponding to the AR device may be determined based on the attribute information of the user associated with the AR device. One or more types of attribute information may be selected from the attribute information of the user as second attribute information of the AR device, and a matched virtual object may be located for the AR device based on the second attribute information. The second attribute information may be the same as or different from the first attribute information adopted when whether the AR device satisfies the preset attribute condition is determined. The circumstance that the first attribute information is different from the second attribute information is exemplarily described: when the first attribute information is that the user gender is female, the second attribute information may be the user age, and different virtual objects may be matched with the user based on different user ages. Specifically, when the user age is 3 to 10, the corresponding virtual object may be a cartoon animal; when the user age is 11 to 18, the corresponding virtual object may be a game character; when the user age is 19 to 30, the corresponding virtual object may be stars; and so on. The circumstance that the first attribute information is the same as the second attribute information is exemplarily described: taking the circumstance that both the first attribute information and the second attribute information are the user age as an example, when the first attribute information is that the user age is under 20 (20 is included) and the second attribute information is that the user age is under 5, the corresponding virtual object is a cartoon animal; when the user age is 5 to 10 (5 is included but 10 is not included), the corresponding virtual object is a cartoon figure; and when the user age is 10 to 20 (10 and 20 are included), the corresponding virtual object is a movie/television star…after a virtual object matched with the attribute information is determined, presentation data including a moving state of the virtual object can be generated based on a movement position of the matched virtual object and the position data of the AR device).
Hou does not explicitly disclose wherein the determination processing unit performs the determination on a basis of posture information of the user.
However, Sugihara teaches virtual display according to user attributes (Paragraph [0034]; Paragraph [0058]), comprising wherein the determination processing unit performs the determination on a basis of posture information of the user (Fig. 2; Paragraphs [0046]-[0047]: the sensor unit 110 has a function of detecting the position and attitude of the user's head (the sensor unit 110). For example, the sensor unit 110 may include a position sensor (e.g., a global positioning system (GPS) sensor), and the position of the user's head may be detected by the position sensor, as in the case where the position of the user is detected…the sensor unit 110 may include a geomagnetic sensor, and the attitude of the user's head may be detected by the geomagnetic sensor. Further, the sensor unit 110 may detect the attitude of the user's head more accurately on the basis of at least one of the acceleration sensor or the gyroscope sensor, in addition to the geomagnetic sensor or in place of the geomagnetic sensor. Alternatively, in a case where a camera is disposed outside the information processing apparatus 10, an orientation of the face or body recognized from an image captured by the camera may be detected as the attitude of the user's head). Sugihara teaches that this will allow user be presented information in the appropriate location (Paragraphs [0055]-[0059]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hou with the features of above as taught by Sugihara so as to allow for user to be presented information in the appropriate location as presented by Sugihara.
Regarding claim 15, Hou, in view of Sugihara teaches the information processing apparatus according to claim 14, Sugihara discloses wherein the determination processing unit performs the determination according to height information of the user, the height information being estimated on a basis of the posture information (Fig. 2; Paragraphs [0046]-[0047]: the sensor unit 110 has a function of detecting the position and attitude of the user's head (the sensor unit 110). For example, the sensor unit 110 may include a position sensor (e.g., a global positioning system (GPS) sensor), and the position of the user's head may be detected by the position sensor, as in the case where the position of the user is detected…the sensor unit 110 may include a geomagnetic sensor, and the attitude of the user's head may be detected by the geomagnetic sensor. Further, the sensor unit 110 may detect the attitude of the user's head more accurately on the basis of at least one of the acceleration sensor or the gyroscope sensor, in addition to the geomagnetic sensor or in place of the geomagnetic sensor. Alternatively, in a case where a camera is disposed outside the information processing apparatus 10, an orientation of the face or body recognized from an image captured by the camera may be detected as the attitude of the user's head).
Regarding claim 16, Hou, in view of Sugihara teaches the information processing apparatus according to claim 14, Sugihara discloses wherein the determination processing unit determines a type of a virtual object included in the XR content on a basis of the posture information (Fig. 13; Paragraph [0070]: the display controlling section 129 acquires, on the basis of the agent definition information 132 (FIG. 5), the action of the agent “go to eatery” and the action type “action involving thinking” which correspond to the suggestion information “eat in eatery”. The display controlling section 129 controls the display unit 150 to display, in the field of view 50-2, agents (an agent 32-1 and an agent 32-2) that perform the action of the agent “go to eatery” that has been acquired by the suggestion information acquiring section 122. It is to be noted that the number of agents displayed in the field of view 50-2 should not be limited to two, and may be one or three or more).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ha (US Patent 10726631) teaches virtual object display based on user attributes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D SALVUCCI whose telephone number is (571)270-5748. The examiner can normally be reached M-F: 7:30-4:00PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, XIAO WU can be reached at (571) 272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW SALVUCCI/Primary Examiner, Art Unit 2613
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