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
This Office action is in response to the amendments filed on September 09, 2026. Claims 1-20 are currently pending, with Claim 10 being amended.
Response to Amendments
In response to Applicant’s amendments, filed September 09, 2026, the Examiner maintains the previous 35 U.S.C. 102 rejections pertaining to Claims 1, 5, 9, 14, and 18, withdraws the previous 35 U.S.C. 102 rejections pertaining to Claims 10-11, and maintains the previous 35 U.S.C. 103 rejections pertaining to Claims 2-5, 6-8, 15-17, and 19-20, and withdraws the previous 35 U.S.C. 103 rejection pertaining to Claim 13.
Response to Arguments
Applicant’s arguments, filed September 09, 2026, regarding Okuyama’s teachings of “matching the predictive synchronization between vehicle acceleration and virtual-object acceleration” (see pages 6-8 of the instant arguments), the Examiner is unpersuaded. Okuyama teaches that the system adjusts the virtual reality play based on the distance/ arrival time to the end of the route (see at least Paragraphs [0007], [0011] of Okuyama). These limitations teach that based on the predicted route and when the vehicle is expected to arrive at a location (i.e., the predicted schedule of the vehicle, when the vehicle must change its predicted acceleration), that the vehicle and the virtual reality elements are adjusted to match. Okuyama further teaches that the acceleration features of the game are enhanced based on the vehicle’s acceleration (see at least Paragraphs [0087], [0089], [0091] of Okuyama). The Examiner will further note that the arguments relating to “synchronization” are not currently relevant, as the claims as they are currently written, do not require synchronizing or matching vehicle acceleration and the virtual reality acceleration. Additionally, Applicant’s arguments that the vehicle changes the vehicle acceleration in response to a request from the game, are considered irrelevant as the claims do not require these features. The claims currently recite receiving the vehicle’s predicted schedule and adjusting play of the virtual reality game, but do not recite changing the acceleration of the vehicle in response to a change in acceleration of the game. As such, the Examiner is unpersuaded and maintains the corresponding rejections.
The remaining arguments are essentially the same as those addressed above and/or below and are unpersuasive for essentially the same reasons. Therefore, the corresponding rejections are maintained.
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, 5, 9, 12, 14, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Patent Publication No. 2021029652 A, to Okuyama, et al (hereinafter referred to as Okuyama; previously of record).
As per Claim 1, Okuyama discloses the features of a method performed by a virtual reality, VR, system for play of a virtual reality, VR, game, in a self-driving vehicle (e.g. Paragraphs [0010]-[0011], [0072], [0121]; where a game system (X) is installed in a game device (2) of a vehicle capable of automatic driving, and the game event occurs in a virtual space corresponding to the real space), the method comprising:
receiving a schedule of predicted acceleration for a future time period for the self- driving vehicle operating in a real world environment (e.g. Paragraphs [0007], [0011]; where the game system includes an event generating means for and adjusting the occurrence of the event according to a scheduled arrival time at the end of the route); and
responsive to the schedule of predicted acceleration, adjusting play of the VR game based on the schedule of predicted acceleration (e.g. Paragraphs [0062], [0107], [0122]; where the game program includes an acceleration posture means for acquiring vehicle acceleration and/or posture information, and the event generating means includes the acceleration information to change the event according to the posture information, so that acceleration and/or posture information of the game can be enhanced) by
controlling the motion of at least one virtual object in a virtual environment of the VR game to generate virtual acceleration of the at least one virtual object corresponding to the predicted acceleration in the schedule (e.g. Paragraphs [0087], [0089], [0091]; where the event generating means can change the event according to the acceleration information and/or attitude information, for example, when the vehicle is backing up, the event is generated in a direction in which a monster or an obstacle appears in front, and the event generating means gives a sense of urgency as if the vehicle was being chased by monsters, running water, rocks, etc., when the vehicle is accelerating or the posture of the vehicle is not horizontal, but on a sharp curve or slope (i.e., controls motion of the virtual object)).
As per Claim 14, Okuyama discloses the features of method performed by a vehicle system for providing an acceleration requested by a virtual reality, VR, game for play in an self-driving vehicle operating in a real world environment (e.g. Paragraphs [0010]-[0011], [0072], [0121]; where a game system (X) is installed in a game device (2) of a vehicle capable of automatic driving, and the game event occurs in a virtual space corresponding to the real space), the method comprising:
performing one of (i) communicating to a processor a schedule of predicted acceleration for a future time period for the self-driving vehicle operating in the real world environment; and (ii) receiving a request to generate a specified acceleration of the self-driving vehicle (e.g. Paragraphs [0007], [0011]; where the game system includes an event generating means for and adjusting the occurrence of the event according to a scheduled arrival time at the end of the route, and the game device comprises a computer that executes the game program, which connects to a server device to obtain game position settings based on the detection of the current position); and
communicating to the processor an indication that the specified acceleration is scheduled (e.g. Paragraphs [0008], [0036]-[0037]; where the travel route between the positions on the map is acquired, the current position is acquired, an in-game event is generated on the travel route, and the time of arrival is predicted, such that the progress of the game is adjusted so that the game ends at the scheduled end positions at the expected time; and where the game device receives the travel route from to the scheduled end positions, in order to start/advance the game), wherein
the specified acceleration is scheduled for use by the VR game to generate virtual acceleration corresponding to motion of the self-driving (e.g. Paragraphs [0087], [0089], [0091]; where the event generating means can change the event according to the acceleration information and/or attitude information, for example, when the vehicle is backing up, the event is generated in a direction in which a monster or an obstacle appears in front, and the event generating means gives a sense of urgency as if the vehicle was being chased by monsters, running water, rocks, etc., when the vehicle is accelerating or the posture of the vehicle is not horizontal, but on a sharp curve or slope (i.e., controls motion of the virtual object)), wherein
the specified acceleration is scheduled for use by the VR game to control motion of at least one virtual object in a virtual environment of the VR game to generate virtual acceleration of the at least one virtual object corresponding to the specified acceleration (e.g. Paragraphs [0087], [0089], [0091]; where the event generating means can change the event according to the acceleration information and/or attitude information, for example, when the vehicle is backing up, the event is generated in a direction in which a monster or an obstacle appears in front, and the event generating means gives a sense of urgency as if the vehicle was being chased by monsters, running water, rocks, etc., when the vehicle is accelerating or the posture of the vehicle is not horizontal, but on a sharp curve or slope (i.e., controls motion of the virtual object)).
As per Claim 5, and similarly for Claim 18, Okuyama discloses the features of Claims 1 and 14, respectively, and Okuyama further discloses the features of wherein the future time period comprises a period of time corresponding to a prediction of the self-driving vehicle of parameters for movement of the self-driving vehicle operating in the real world environment (e.g. Paragraphs [0007], [0037], [0051]; where the game device transmits data regarding game progress to the server device at the start of the game and at specific time of game progress, to synchronize data and advance the game; and the event generating means calculates the estimated time of arrival at the end position, and adjusts the occurrence of the event according to the time).
As per Claim 9, Okuyama discloses the features of Claim 1, and Okuyama further discloses the features of wherein the adjusting play comprises a generation of an acceleration in a virtual environment of the VR game that corresponds to a predicted acceleration in the schedule of predicted acceleration (e.g. Paragraphs [0087], [0089], [0091]; where the event generating means can change the event according to the acceleration information and/or attitude information, for example, when the vehicle is backing up, the event is generated in a direction in which a monster or an obstacle appears in front, and the event generating means gives a sense of urgency as if the vehicle was being chased by monsters, running water, rocks, etc., when the vehicle is accelerating or the posture of the vehicle is not horizontal, but on a sharp curve or slope (i.e., controls motion of the virtual object)).
As per Claim 12, Okuyama, discloses the features of Claim 1, and Okuyama further discloses the features of wherein the self- driving vehicle operating in the real world environment comprises the self-driving vehicle operating in a dedicated gaming environment (e.g. Paragraphs [0007], [0011], [0096]; where the virtual space corresponds to the real space for executing a game program on the vehicle).
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 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.
Claims 2 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent Publication No. 2021029652 A, to Okuyama, et al (hereinafter referred to as Okuyama; previously of record), in view of U.S. Patent Publication No. 2019/0130878 A1, to Bradley (hereinafter referred to as Bradley; previously of record).
As per Claim 2, and similarly for Claim 15, Okuyama discloses the features of Claims 1 and 14, respectively, but Okuyama fails to disclose every feature of wherein the schedule of predicted acceleration for the future time period comprises a time series of a three-dimensional vectors of predicted accelerations.
However, Bradley, in a similar field of endeavor, teaches a method for presenting virtual content in a vehicle, where the user device (110) can obtain vehicle sensor data (118) combined with three-dimensional volumetric data, to render virtual displays; where the vehicle data is based on current and/or future vehicle heading, locations/ orientations of the vehicle route segments, vehicle position along the route and/or route segments, vehicle speed/velocity, vehicle acceleration, etc. (e.g. Paragraphs [0031], [0039], [0065], [0076]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the game program in the system of Okuyama, with the feature of determining three-dimensional acceleration vectors in the system of Bradley, in order to render virtual content for the user (see at least Paragraph [0076] of Bradley).
Claims 3-4, 6-8, 16-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable Okuyama, in view of Bradley, as applied to Claims 2 and 15 above, and further in view of WIPO Patent Publication No. 2021/155694 A1, to Liu (hereinafter referred to as Liu; previously of record).
As per Claim 3, and similarly for Claim 16, Okuyama, in view of Bradley, teaches the features of Claims 2 and 15, respectively, but the combination of Okuyama, in view of Bradley, fails to teach every feature of wherein a three-dimensional vector of predicted acceleration comprises a three tuple representing a data sample of the three-dimensional vector of predicted acceleration along three axes.
However, Liu, in a similar field of endeavor, teaches a method for driving in a virtual environment, where the acceleration sensor (1311) can detect the magnitude of acceleration on the three coordinate axes of the coordinate system, and can be used to detect the components of gravitational acceleration on three coordinate axes (e.g. Page 25, paragraph beginning with “The acceleration sensor 1311 can …”).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the game program in the system of Okuyama, in view of Bradley, with the feature of using three-dimensional vectors in the system of Liu, in order to reduce the burden on the user when automatic driving is selected (see at least Page 17, Paragraph beginning with “In addition, in this embodiment …” of Liu).
As per Claim 4, and similarly for Claim 17, Okuyama, in view of Bradley, and Liu, teaches the features of Claims 3 and 16, respectively, and Bradley further teaches the features of wherein the three axes correspond to a forward acceleration direction, a side acceleration direction, and a vertical acceleration direction of the self-driving vehicle
Bradley teaches a method for presenting virtual content in a vehicle, where the user device (110) can obtain vehicle sensor data (118) combined with three-dimensional volumetric data, to render virtual displays; where the vehicle data is based on current and/or future vehicle heading, locations/ orientations of the vehicle route segments, vehicle position along the route and/or route segments, vehicle speed/velocity, vehicle acceleration, etc. (e.g. Paragraphs [0031], [0039], [0065], [0076]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the game program in the system of Okuyama, with the feature of determining acceleration vectors in three directions in the system of Bradley, in order to render virtual content for the user (see at least Paragraph [0076] of Bradley).
As per Claim 6, and similarly for Claim 19, Okuyama, in view of Bradely and Liu, teaches the features of Claims 3 and 16, respectively, and Bradley further teaches the features of wherein the number of data samples for the three tuples is based on at least one of a future time period and a frequency of sampling of data.
Bradley teaches a method for presenting virtual content in a vehicle, where the motion planning system (126) can generate new motion plan(s) (134) for the vehicle (104) (e.g., multiple times per second), and each motion plan can describe the motion of the vehicle (104) over the next several seconds (e.g., 5 seconds) (i.e. sampling frequency) (e.g. Paragraphs [0038], [0066], [0098]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the game program in the system of Okuyama, with the feature of determining the sampling frequency in the system of Bradley, in order to improve the efficiency of rendering and displaying the virtual content (see at least Paragraphs [0021]-[0022] of Bradley).
As per Claim 7, and similarly for Claim 20, Okuyama, in view of Bradley and Liu, teaches the features of Claims 6 and 16, respectively, and Bradley further teaches the features of wherein the frequency of sampling of data comprises a fixed frequency or an adjustable frequency based on different conditions of the real world environment for operation of the self-driving vehicle.
Bradley teaches a method for presenting virtual content in a vehicle, where the prediction data (132) can be created iteratively at a plurality of times steps such that the predicted movements of the objects can be updated, adjusted, conformed, etc., over time (i.e. based on environmental data), and the prediction data (132) can then be provided to the motion planning system (128) of the vehicle to update the motion plan; and where the data indicative of the motion trajectory can be updated in real-time as the vehicle route changes and/or the motion planning system iteratively determines the trajectory of the vehicle (e.g. Paragraphs [0031], [0064]-[0065]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the game program in the system of Okuyama, with the feature of determining the sampling frequency in the system of Bradley, in order to improve the efficiency of rendering and displaying the virtual content (see at least Paragraphs [0021]-[0022] of Bradley).
As per Claim 8, Okuyama, in view of Bradely and Liu, teaches the features of Claim 7, and Bradley further teaches the features of wherein the different conditions comprise a type of road environment.
Bradley teaches a method for presenting virtual content in a vehicle, where the autonomy computing system (114) of the vehicle (104) can retrieve or obtain map data (120), which provides detailed information about the surrounding environment of the vehicle (104), including the identity and location of different roadways, road segments, buildings, etc., lanes within a particular roadway; and the vehicle computing system (102) can obtain perception information indicative of one or more states of objects within the environment, such as traffic, locations of roadwork and obstructions, and scheduled events (i.e. types of road environments) (e.g. Paragraph [0060], [0063]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the game program in the system of Okuyama, with the feature of determining road environments system of Bradley, in order to determine a motion plan for controlling the vehicle and render virtual content (see at least Paragraphs [0062], [0076] of Bradley).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent Publication No. 2021029652 A, to Okuyama, et al (hereinafter referred to as Okuyama; previously of record), in view of U.S. Patent Publication No. 2017/0103571 A1, to Beaurepaire (hereinafter referred to as Beaurepaire; newly of record).
As per Claim 10, Okuyama discloses the features of Claim 1, and Okuyama further discloses the features of further comprising: communicating a request to the self-driving vehicle to generate a specified acceleration of the self-driving vehicle; and receiving a communication from the self-driving vehicle indicating the specified acceleration is scheduled (e e.g. Paragraphs [0008], [0036]-[0037]; where the travel route between the positions on the map is acquired, the current position is acquired, an in-game event is generated on the travel route, and the time of arrival is predicted, such that the progress of the game is adjusted so that the game ends at the scheduled end positions at the expected time; and where the game device receives the travel route from to the scheduled end positions, in order to start/advance the game), ‘…’
Okuyama fails to disclose every feature of wherein the communication indicating that the specified acceleration is scheduled is received responsive to a determination by the self-driving vehicle that the requested specified acceleration is within a safe margin to generate in the real-world environment.
However, Beaurepaire, in a similar field of endeavor, teaches a method for providing a virtual reality environment in a vehicle, where the system generates predictive vehicle navigation, based on information associated with traffic, accidents, and/or geographic area that are at a distance beyond what can be seen by passengers in a vehicle, or is based on anticipation of speed changes, lane changes, construction, a transition from interstate driving to city driving, etc. (i.e., a scheduled change in speed); and the system generates an element of the virtual reality environment based on the received predictive navigation data record; and where small changes in speed or braking of the vehicle may be controlled based on events in the virtual reality environment, if such changes can be safely based on the vehicle’s current position, state, and environment (i.e., safe margin)) (e.g. Paragraphs [0030], [0040]-[0042], [0045], [0049]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the game program in the system of Okuyama, with the feature of determining a safety margin in the system of Beaurepaire, in order to enhance the virtual experience (see at least Paragraphs [0049] of Beaurepaire).
As per Claim 11, Okuyama, in view of Beaurepaire, teaches the features of Claim 10, and Okuyama further discloses the features of further comprising: executing play of the VR game based on the self-driving vehicle implementing the specified acceleration (e.g. e.g. Paragraphs [0087], [0089], [0091]; where the event generating means can change the event according to the acceleration information and/or attitude information, for example, when the vehicle is backing up, the event is generated in a direction in which a monster or an obstacle appears in front, and the event generating means gives a sense of urgency as if the vehicle was being chased by monsters, running water, rocks, etc., when the vehicle is accelerating or the posture of the vehicle is not horizontal, but on a sharp curve or slope (i.e., controls motion of the virtual object)).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Okuyama, in view of Beaurepaire, as applied to Claim 10, above, and further in view of U.S. Patent Publication No. 2018/0278920 A1, to Stefan (hereinafter referred to as Stefan; previously of record).
As per Claim 13, Okuyama, in view of Beaurepaire, teaches the features of Claim 10, but the combination of Okuyama, in view of Beaurepaire, fails to teach every feature of further comprising: generating the specified acceleration and rotating a seat in the self-driving vehicle, wherein the specified acceleration generates a side acceleration of the user of the VR system located in the rotated seat.
However, Stefan, in a similar field of endeavor, teaches an entertainment apparatus for a self-driving vehicle, where the image data reproduction module (26) is designed to coordinate a degree of movement of the seats (8a-d) with particular scenes of a film/computer game through a combination of vehicle movements (particular longitudinal/ traverse movement of the vehicle); and where the seats (8a-d) may include a seat adjusting device (42), a seat rotation device (44), and/or a seat acceleration device (46); and where a degree of seat movement is conducted to represent the degree of vehicle movement (e.g. Paragraphs [0040], [0050]; Claim 12).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the game program in the system of Okuyama, in view of Beaurepaire, with the feature of providing seat movement in the system of Stefan, in order to improve the user experience (see at least Paragraphs [0022], [0047] of Stefan).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Alaniz, et al (U.S. 2015/0097864 A1), which teaches a method for providing dynamic virtual reality inside a vehicle, where the motion of the virtual reality environment is synchronized with the planned motion of the vehicle.
Rober, et al (U.S. 2018/0089901 A1), which teaches a VR system implemented in a vehicle to address motion sickness problems.
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 MERRITT LEVY whose telephone number is (571)270-5595. The examiner can normally be reached Mon-Fri 0630-1600.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached at (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERRITT LEVY/Examiner, Art Unit 3663
/KYLE J KINGSLAND/Primary Examiner, Art Unit 3663
