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 .
DETAILED ACTION
Response to Amendment
This is in response to applicant’s amendment/response filed on 01/09/2026, which has been entered and made of record. Claims 1-20 have been amended. No claim has been cancelled. Claim 21 has been added. Claims 1-21 are pending in the application.
As an initial matter, the rejection under 35 USC 101 for claim 20 has been withdrawn in view of applicant's amendments.
Furthermore, the interpretation under 35 USC 112 f for claims 1-18 have been withdrawn in view of applicant's amendments.
Response to Arguments
Applicant's arguments filed on 01/09/2026 regarding claims rejection under 35 U.S.C 102 have been fully considered but they are not persuasive.
Applicant submits “Hayashida clearly does not teach or suggest, inter alia, "circuitry configured to ... adjust an information amount of the second motion information in accordance with the first motion information, wherein the information amount includes a distribution frequency of the second motion information," as recited by amended claim 1 (emphasis added), and the Office Action does not assert otherwise.” (Remarks, Page 11.)
The examiner disagrees with Applicant’s premises and conclusion. Hayashida teaches in ¶00437-0447 the frequency value for the narrowing processing of a model candidate. This could be mapped to the distribution frequency in the claim.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9, 11-15, 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hayashida (US Pub 2017/0103564 A1).
As to claim 1, Hayashida discloses a distribution device comprising:
circuitry configured to receive first motion information indicating a motion of a user (¶0007, “obtain sensor information that represents a motion of a person in a real space acquired from at least one sensor, determine a first value that indicates an impression of the person based on the obtained sensor information, determine a type of the motion based on the obtained sensor information”);
distribute second motion information indicating a motion of an avatar corresponding to the user, to a terminal that displays the avatar (¶0007, “select at least one candidate data set corresponding to the type of the motion from the memory, determine a second value that indicates impression of the avatar for each of the selected at least one data set, select a representative data set based on the determined first value and the determined second value, and generate an avatar image based on the representative data set.” Fig. 10, first VR space information providing unit 111 and the second VR space information providing unit 112.); and
adjust an information amount of the second motion information distributed by the distribution unit in accordance with the first motion information (¶0075, “when an image of an avatar is generated based on the model candidate, model candidates are selected so as to suppress the gap between an impression to other person through a motion of the avatar, and an impression to the other person by real behavior of a person which functions as the source of the avatar. An avatar is generated based on one model which has been determined among the selected model candidates. That is, the selected model candidates can be referred to pieces of information used for generating an image of an avatar which reflects an impression of behavior of a person.” ¶0092, “In a case where the second VR space information providing unit 112 determines that the region value of the region to be monitored is changed by the predetermined amount, the second VR space information providing unit 112 determines the type of a motion of the avatar, and stores the determined type of the motion of the avatar in “a motion-type determination log table” of the log storage unit 116.” ¶0093, “The second VR space information providing unit 112 determines, for example, whether or not a position in the real space corresponding to a position of a region of the avatar in the VR space is in a region (referred to as “a fallibility-threshold range”) of a position, in which sensing for sensor data having high reliability is not possible when measurement by using a sensor is performed. As a result, in a case where the second VR space information providing unit 112 determines that the position in the real space is in the fallibility-threshold range, the second VR space information providing unit 112 determines that the impression gap occurrence situation occurs. In a case where it is determined that the impression gap occurrence situation occurs, the second VR space information providing unit 112 reads plural pieces of avatar region displacement data which corresponds to region information of a region of the avatar, which has been previously generated, as “model candidates”. The second VR space information providing unit 112 performs selection for a plurality of model candidates which have been read, and notifies the first VR space information providing unit 111 of the selected model candidate.”).
wherein the information amount includes a distribution frequency of the second motion information (¶0437, “The weight calculation portion 4301 counts the number of model candidates classified as each of the groups, and thus calculates a frequency value (weighting coefficient) of each of the groups. The weight calculation portion 4301 multiplies a frequency value (weighting coefficient) of a group to which each of the model candidates belongs, by cost of each of the model candidates, which has been calculated by the cost evaluation portion 4001, so as to calculate the weighted cost.” ¶0441, “the weight calculation portion 4301 calculates a frequency value (weighting coefficient) of each of the groups, based on the counted number of model candidates.” ¶0447, “the weighting coefficient depending on a frequency of each posture occurring is multiplied by cost calculated from the posture which is specified by a model candidate, so as to calculate the weighted cost.”).
As to claim 2, claim 1 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information in accordance with a distribution priority set on a basis of at least the first motion information (¶0194, “the VR space information generation portion 1002 determines one model candidate from selected model candidates, and generates the image of the avatar. The one model candidate may be randomly determined, or may be determined in an order of high priority. The priority is assigned to each model candidate when the model candidate is generated. As the one model candidate, a model candidate in which a difference of a motion with an image of the avatar right before an avatar to be set to be displayed is smallest may be determined.” The model candidates with priority assigned can be a distribution priority set. ¶0432, “Thus, it is possible to extract a model candidate including a posture occurring by a person in the real space unconsciously acting, as a model candidate which has priority higher than a model candidate including a posture of which an occurrence desires that a person in the real space consciously doing behavior.” ¶0475, ¶0481).
As to claim 3, claim 2 is incorporated and Hayashida discloses the first motion information includes information indicating a position and an angle of a joint of the user, and
the second motion information includes information indicating a position and an angle of a joint of the avatar corresponding to the joint of the user (¶0068, ““The image of the avatar” is generated based on “region information” of each region (bodyelement part) of the avatar. “The region information” of each region of the avatar is obtained in such a manner that sensor data is obtained by sensing behavior of a person in the real space, and the obtained sensor data is converted into information indicating a state (position, rotation angle, and the like) of each region of an avatar in the VR space. “The region information” includes information indicating the type of a region, and a value (region value) indicating the state of the region.” ¶0195, “after the VR space information transmission portion 1003 transmits the VR space information once, the VR space information transmission portion 1003 may transmit only update information (updated image of the avatar, attribute information (position, rotation angle, display color, display form, and the like of a bone or a mesh) of an object in the VR space). In this case, in the client device 120, an image of the avatar in the VR space is updated based on the update information.”).
As to claim 4, claim 3 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of change amounts of the position and the angle of the joint of the user indicated by the first motion information (¶0193, “The model candidate selection portion 1017 compares the impression evaluation value of which a notification is performed by the impression evaluation value (real space) calculation portion 1015, to the impression evaluation value of which a notification is performed by the impression evaluation value (VR space) calculation portion 1016. The model candidate selection portion 1017 selects a model candidate in which the impression evaluation value close to the impression evaluation value of which a notification is performed by the impression evaluation value (real space) calculation portion 1015 is calculated. The model candidate selection portion 1017 notifies the VR space information generation portion 1002 of the selected model candidate.” ¶0194, “the VR space information generation portion 1002 determines one model candidate from selected model candidates, and generates the image of the avatar. The one model candidate may be randomly determined, or may be determined in an order of high priority. The priority is assigned to each model candidate when the model candidate is generated. As the one model candidate, a model candidate in which a difference of a motion with an image of the avatar right before an avatar to be set to be displayed is smallest may be determined.”).
As to claim 5, claim 4 is incorporated and Hayashida discloses the adjustment unit adjusts a distribution frequency of the second motion information in accordance with the distribution priority, for each joint of the avatar (¶0337, “The assumption range calculation portion 2701 calculates an assumption range (range including a high value of an occurrence frequency) based on the avatar-region displacement log table 2000 of the log storage unit 116. The assumption range is assumed by using region values of regions of the avatar. The assumption range calculation portion 2701 sets a data line in which “bone” or “mesh” is stored as the avatar-region displacement type among data lines of the avatar-region displacement log table 2000, as a target, and calculates an assumption range value for the data line set as the target. The assumption range calculation portion 2701 is set to calculate the assumption range value at a predetermined time interval. The calculation timing of the assumption range value is not limited thereto. In a case where data lines of which the amount is equal to or more than a predetermined amount are stored in the avatar-region displacement log table 2000, the assumption range calculation portion 2701 may calculate the assumption range value.”).
As to claim 6, claim 2 is incorporated and Hayashida discloses in a case where a type of the motion of the user indicated by the first motion information is a predefined type, the adjustment unit sets specific information that allows to specify a type of the motion of the avatar corresponding to the type of the motion of the user by the terminal, as the second motion information distributed by the distribution unit (¶0338, “The model candidate reading portion 2702 reads avatar region displacement data which corresponds to the “type of a motion” included in a data line which has been newly stored in the motion-type determination log table 1600, among pieces of avatar region displacement data stored in the avatar-region displacement log table 2000. The model candidate reading portion 2702 extracts avatar region displacement data which includes a region value in the assumption range calculated by the assumption range calculation portion 2701, from pieces of avatar region displacement data which have been read.” ¶0341, “assumption range information will be described. In the assumption range information, the assumption range value calculated by the assumption range calculation portion 2701 is recorded. FIG. 28 is a diagram illustrating an example of the assumption range information. As illustrated in FIG. 28, assumption range information 2800 includes a “recording time stamp”, an “avatar-region range-and-assumption range determination time stamp (start)”, an “avatar-region displacement assumption range determination time stamp (end)”, a “user name”, a “client device ID”, a “target region”, and an “assumption range value”, as items of information.”).
As to claim 7, claim 3 is incorporated and Hayashida discloses the adjustment unit adjusts a distribution frequency of the second motion information for each joint of the avatar, in accordance with the distribution priority set on a basis of a type of the motion of the user indicated by the first motion information (¶0337, “The assumption range calculation portion 2701 calculates an assumption range (range including a high value of an occurrence frequency) based on the avatar-region displacement log table 2000 of the log storage unit 116. The assumption range is assumed by using region values of regions of the avatar. The assumption range calculation portion 2701 sets a data line in which “bone” or “mesh” is stored as the avatar-region displacement type among data lines of the avatar-region displacement log table 2000, as a target, and calculates an assumption range value for the data line set as the target. The assumption range calculation portion 2701 is set to calculate the assumption range value at a predetermined time interval. The calculation timing of the assumption range value is not limited thereto. In a case where data lines of which the amount is equal to or more than a predetermined amount are stored in the avatar-region displacement log table 2000, the assumption range calculation portion 2701 may calculate the assumption range value.” ¶0437, “The weight calculation portion 4301 counts the number of model candidates classified as each of the groups, and thus calculates a frequency value (weighting coefficient) of each of the groups. The weight calculation portion 4301 multiplies a frequency value (weighting coefficient) of a group to which each of the model candidates belongs, by cost of each of the model candidates, which has been calculated by the cost evaluation portion 4001, so as to calculate the weighted cost” ¶0447, “the weighting coefficient depending on a frequency of each posture occurring is multiplied by cost calculated from the posture which is specified by a model candidate, so as to calculate the weighted cost.”).
As to claim 8, claim 2 is incorporated and Hayashida discloses wherein the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of a display mode of the avatar from a viewpoint of a viewer who uses the terminal (¶0091, “The image of an avatar is referred to as an object which has information regarding a bone or a basic structure of a skin or a mesh, and in which the attributes (at least one of parameters related to a bone or a mesh, such as position, rotation angle, display color, display form, and so on) of another object are changed, among objects disposed at an image of the VR space.” ¶0122, “A visual field image 302 is displayed on the HMD 133 mounted by the user 150. It is displayed in the visual field image 302 that the avatar 340 of the user 140 acts in the VR space 300. As illustrated in FIG. 3, the user 140 maintains a state of sitting on a chair in the real space, and thus the avatar 340 is also set to maintain the sitting state in the VR space 300. A portion (hand and the like) of the avatar of the user 150 is not displayed in the visual field image which is displayed on the HMD 133 of the user 150. However, the portion (hand and the like) of the avatar of the user 150 may be displayed.”).
As to claim 9, claim 8 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of whether or not there is a shielding object between the viewpoint of the viewer (¶0060, “a position or an rotation angle of the hidden region is estimated and output in order to represent an image of the entirety of the avatar.” ¶0061, “the position or the rotation angle of the hidden region is estimated and output based on the position of other region (in a case where the front of the wrist is hidden, elbow or shoulder which is connected to the wrist) to which the hidden region is to be connected.” ¶0121, “the avatar 350 is also set to maintain an erected state in the VR space 300. A portion (hand and the like) of an avatar of the user 140 is not displayed in the visual field image which is displayed on the HMD 123 of the user 140. However, the portion (hand and the like) of the avatar of the user 140 may be displayed.”).
As to claim 11, claim 8 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of a display area of the avatar displayed on the terminal (¶0124, “On the contrary, the avatar 340 in a visual field image 303 corresponds to pieces of region information of regions, obtained in such a manner that the second VR space information providing unit 112 determines model candidates and calculates pieces of region information of regions based on sensor data which has been obtained by sensing behavior of the user 140. In a case of the second VR space information providing unit 112, the model candidates are selected so as to cause a gap in impression to other person between behavior of the user 140 in the real space, and a motion of the avatar 340 not to be large. Then, the second VR space information providing unit 112 generates an image of the avatar 340. Thus, the avatar 340 in the visual field image 303 is expressed so as to be in a state of calmly sitting, similar to the behavior of the user 140 in the real space.”).
As to claim 12, claim 2 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of a relationship between the viewer who uses the terminal and the user (¶0070, “the social behavior referred herein indicates behavior performed for social being of another person, among plural type of behavior.” ¶0071-0072, ““the motion of an avatar” in the VR space may have meanings opposite to each other depending on a relation with other avatar. In the following embodiments, determination of which social behavior of a person in the real space corresponds to “a motion for other avatar” is referred to as determination of “the type of a motion for other avatar”.” ¶0311, “a “motion-type determination log table for another avatar” of the log storage unit 116 in which the type of a motion for another avatar determined by the motion (tendency) determination portion 2101 is stored will be described. FIG. 24 is a diagram illustrating an example of the motion-type determination log table for another avatar. As illustrated in FIG. 24, a motion-type determination log table for another avatar 2400 includes a “log ID”, a “recording time stamp”, a “determination time stamp (start)”, and a “determination time stamp (end)”, as items of information. Further, the motion-type determination log table for another avatar 2400 includes a “user name”, a “client device ID”, the “type of a motion for another avatar”, a “user name of another avatar”, and “region information at a starting time and at an ending time”, as items of information.” ¶0334, ¶0338-0338).
As to claim 13, claim 12 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of a group to which the viewer belongs (¶0354, “In a case where it is determined that combining with other data lines is possible, the added data line is combined with other data lines, and is managed in a “motion type determination log (time-series) table”. This is because a motion for the added data line can be determined to be a linked motion in a case where the “data acquisition time stamp” when the sensor data used for determining the type of a motion is acquired is sufficiently close to the current time stamp.” ¶0360, “the motion type determination log (time-series) table will be described. FIG. 31 is a diagram illustrating an example of the motion type determination log (time-series) table.” ¶0384-0385, “The connected-region determination portion 3402 determines whether the region values of the regions of the avatar, which have been calculated by the motion (change of motion) determination portion 1012 is classified as a certain group of the plurality of groups.”).
As to claim 14, claim 12 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of a list indicating connection between the user and the viewer (Fig. 28, Fig. 31, Fig. 49).
As to claim 15, claim 12 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of the number of times when the user and the viewer have contact with each other or are close to each other in a virtual space or a time elapsed from when the user and the viewer have contact with each other (¶0071, “when behavior of a person is behavior of moving forward, in a case where other person is at a destination of the forward-moving, the behavior of the person can be referred to as social behavior of approaching the other person (social behavior indicating a tendency of closeness). Conversely, in a case where the person is moving forward in a state where the other person is near to the person, and as a result, the person is far from the other person, behavior of the person can be referred to as social behavior of becoming far from the other (social behavior indicating a tendency of averting). Similarly, for example, when behavior of a person is behavior of directing a direction of the face rightwardly, in a case where other person is on the right side, the behavior of the person can be referred to as social behavior of directing the face toward the other person (social behavior indicating a tendency of closeness). Conversely, in a case where behavior of directing the direction of the face rightwardly is done in a state where the other person is on the left side of the person, the behavior of the person can be referred to as social behavior of turning the face away from the other person (social behavior indicating a tendency of averting).”).
As to claim 17, claim 12 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of whether or not the user makes a statement (¶0081, “The first VR space information providing unit 111 provides a VR space for causing the user 140 and the user 150 to perform communication with each other.”).
As to claim 18, claim 12 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of routes or directions in which a plurality of the avatars moves in a virtual space (¶0071, “For example, when behavior of a person is behavior of moving forward, in a case where other person is at a destination of the forward-moving, the behavior of the person can be referred to as social behavior of approaching the other person (social behavior indicating a tendency of closeness). Conversely, in a case where the person is moving forward in a state where the other person is near to the person, and as a result, the person is far from the other person, behavior of the person can be referred to as social behavior of becoming far from the other (social behavior indicating a tendency of averting). Similarly, for example, when behavior of a person is behavior of directing a direction of the face rightwardly, in a case where other person is on the right side, the behavior of the person can be referred to as social behavior of directing the face toward the other person (social behavior indicating a tendency of closeness). Conversely, in a case where behavior of directing the direction of the face rightwardly is done in a state where the other person is on the left side of the person, the behavior of the person can be referred to as social behavior of turning the face away from the other person (social behavior indicating a tendency of averting).” ¶0082, “it is assumed that sensor data obtained by sensing “the behavior” includes sensor data obtained by, for example, sensing behavior of changing a posture of a body, behavior of changing a direction or an expression of a face, and utterance. The sensor data is not limited thereto, and may include sensor data obtained by sensing a conduct of a user, sensor data obtained by sensing an eye line of a user, and the like, in addition to the above-described behavior.”).
As to claim 19, Hayashida discloses a distribution method comprising: by a distribution device, receiving first motion information indicating a motion of a user; adjusting an information amount of second motion information indicating a motion of an avatar, distributed to a terminal that displays the avatar corresponding to the user; and distributing the second motion information to the terminal, wherein the information amount includes a distribution frequency of the second motion information (See claim 1 for detailed analysis.).
As to claim 20, Hayashida discloses a non-transitory computer-readable medium having embodied thereon a program, which when executed by a computer causes the computer to execute a distribution method, the method comprising: receiving first motion information indicating a motion of a user; adjusting an information amount of second motion information indicating a motion of an avatar, distributed to a terminal that displays the avatar corresponding to the user; and distributing the second motion information to the terminal, wherein the information amount includes a distribution frequency of the second motion information. (See claim 1 for detailed analysis.).
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.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hayashida (US Pub 2017/0103564 A1) in view of Hayashida 2 (US Pub 2017/0365084 A1).
As to claim 16, claim 12 is incorporated and Hayashida discloses the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set
Hayashida does not explicitly disclose “on a basis of the number of viewers including the avatar in a field of view.”.
Hayashida 2 teaches “on a basis of the number of viewers including the avatar in a field of view.“ (Hayashida 2, ¶0340, “in a case of multiple users, the determination result of giving or not giving wrong impression may be determined by performing a majority vote process or by performing an averaging process to update the “from-to rotation angle transition definition that gives wrong impression” based on the determination result.” ¶0341, “a transition of multiple avatar body bones including from-to rotation angle transition to be checked in order to verify whether the users accurately determine whether to give or not to give wrong impression.”)
Hayashida and Hayashida 2 are considered to be analogous art because all pertain to image generating. It would have been obvious before the effective filing date of the claimed invention to have modified Hayashida with the features of “on a basis of the number of viewers including the avatar in a field of view” as taught by Hayashida 2. The suggestion/motivation would have been in order to estimate mutual human relations in virtual reality space and accurately sense non-verbal behaviors of a user in real space to generate an avatar image having a sensing result reflected as closely as possible (Hayashida 2, ¶0004).
Allowable Subject Matter
Claim 10 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to claim 10, Hayashida does not disclose the adjustment unit adjusts the information amount of the second motion information, in accordance with the distribution priority set on a basis of an amount of light reaching the avatar.
As to claim 21, Hayashida does not disclose the circuitry is further configured to adjust the information amount of the second motion information, in accordance with a distribution priority set on a basis of an amount of light reaching the avatar.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU CHEN whose telephone number is (571)270-7951. The examiner can normally be reached on M-F 8-5 PST Mid-day flex.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao Wu can be reached on 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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/YU CHEN/
Primary Examiner, Art Unit 2613
Prosecution Insights