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 Rejections - 35 USC § 102
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 27, 29, 31, 35, 37, 40, 44, 46 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Briggs (U.S. PGPUB 2018/0207484).
Re claims 27, 39, 46. Briggs discloses a computer-implemented method for determining gameplay performance, the method comprising:
tracking movement of a select portion of a player in a physical environment of the player (see paragraphs [0014, 0015]: “. The sensors 120 can include infrared motion sensors, magnetometers, accelerometers, gyroscopes, inertial sensors, cameras, and other known devices to track eye, head, and body movement of the operator 105. These movements are used to control the output provided to the operator 105 in the virtual reality environment or operators 105 in the group virtual reality environment”);
determining an actual-response path by the player during a gameplay in a virtual environment (see paragraphs [0014, 0015, 0027, 0030]: the player path is determined using said sensors, in order to compare the path to an ideal path);
calculating, at a first time, an ideal-response path for the select portion of the player to follow during the gameplay in order for the player to achieve a predetermined level of performance (see paragraph [0025]: “The training sequence defines a path 320 to be traversed by a controller 310 held by the operator 105.”);
comparing, at a second time, the actual-response path with the ideal-response path (see paragraph [0027]: “A criterion can be established for determining whether the operator 105 has mastered the training sequence. Meeting this criterion can result in an indication being displayed to the operator 105 to attempt to juggle objects. The training sequence can have different phases. For example, once the criterion is met for moving the controller 310 icon along the path 320, training can be added to have the operator 105 squeeze the controller at a particular point in the path 320. This simulates catching a juggled object.”; [0030]: “At block 430, comparing movements to the training sequence includes comparing the sensor-measured movements of the avatar of the operator 105 in the virtual reality environment with the movements dictated by the training sequence”); and
determining, based on a match in the comparing, that the predetermined level of performance has been reached by the player (see paragraph [0027, 0030, 0031]).
Re claim 31: Briggs discloses with respect to the method of claim 27, further comprising changing at least one visual characteristic of the virtual environment, in response to the player reaching the predetermined level of performance (see paragraph [0026]: “The third form of feedback indicated in FIG. 3 is a color change represented by the indicator 340 in instances 305 d and 305 e. The controller 310 icon can be lit brighter and in a different color when the path 320 is being followed, for example.”; [0027]: “For example, once the criterion is met for moving the controller 310 icon along the path 320, training can be added to have the operator 105 squeeze the controller at a particular point in the path 320”).
Re claim 35: Briggs discloses with respect to the method of claim 27, further comprising calculating the ideal-response path for the select portion of the player over a prescribed first period of time (see paragraph [0028]: Briggs discloses determining an ideal path that needs to be completed within a threshold amount of time. Briggs specifically states, “When the procedure is completed in the virtual reality environment in a way that meets a criterion (e.g., completed within a threshold time within a threshold variation in a set movement pattern), the operator 105 can be certified in that procedure.”).
Re claim 37 and 44: Briggs discloses with respect to the method of claim 27, wherein the select portion of the player includes at least one of facial muscles of the player, feet of the player, or audio signals in the physical environment (see paragraph [0015]: “The sensors 120 can include infrared motion sensors, magnetometers, accelerometers, gyroscopes, inertial sensors, cameras, and other known devices to track eye, head, and body movement of the operator 105.”).
Re claim 40: Briggs discloses with respect to the system of claim 39, wherein the instructions, when executed by the one or more processors, cause the one or more processors to change, in response to the player reaching the predetermined level of performance, a volume level of music in the gameplay. (see paragraph 0026]).
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.
Claims 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Briggs in view of Estanislao (U.S. PGPUB 2020/0406144).
Re claim 28: Briggs fails to disclose with respect to the method of claim 27, further comprising changing a volume level of music played during the gameplay in response to the player reaching the predetermined level of performance. However, Estanislao discloses a game feature that adjust music loudness, i.e. volume, according the occurrence of gaming events including successfully accomplishing tasks (see paragraph [0009, 0065, 0073, 0088, 0089]). Briggs teaches playing an audio sound when a user successfully completes a path within a predetermined level of accuracy and within a predetermined threshold of time (see paragraph [0028]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to simply substitute the audio signal success indicator of Briggs for the music audio success indicator of Estanislao, as such would have produced predictable result of music being played in response to a player’s success during a path following game.
Re claim 29: Briggs fails to disclose with respect to the method of claim 28, wherein changing the volume level of the music includes attenuating the volume level from a first volume level played during the gameplay to a lower second volume level. However, Estanislao discloses increasing and decreasing various musical audio elements of game music according to various events in a game, including loudness, i.e. volume from a first level to a second level (see paragraph [0009, 0065, 0073, 0088, 0089]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to simply substitute the audio signal success indicator of Briggs for the music audio success indicator of Estanislao, as such would have produced predictable result of music being played in response to a player’s success during a path following game.
Re claim 30: Briggs fails to disclose with respect to The method of claim 28, wherein the changing the volume level of the music includes increasing the volume level of the music from a first volume level to a higher third volume level. However, Estanislao discloses increasing and decreasing various musical audio elements of game music according to various events in a game, including loudness, i.e. volume from a first level to another level (see paragraph [0009, 0065, 0073, 0088, 0089]). When musical volume is increased between a first and another level, there are multiple levels in-between and thus a third, fourth, fifth and many other levels of volume is inherent to Estanislao. It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to simply substitute the audio signal success indicator of Briggs for the music audio success indicator of Estanislao, as such would have produced predictable result of music being played in response to a player’s success during a path following game.
Claims 32, 33, 36, 38, 41, 42, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Briggs in view of Hingorani (U.S. PGPUB 20180214777).
Re claims 32 and 41. Briggs fails to disclose with respect to the method of claim 31, wherein the at least one visual characteristic includes at least one of (i) blurring at least a portion of an image that makes up the virtual environment, (ii) darkening at least a portion of the image that makes up the virtual environment, or (iii) changing at least 50% of pixels of the image that makes up the virtual environment to a common color. However, Hingorani discloses an augmented virtual reality game, wherein players must use their bodies wherein various body parts follow a particular path (see Abstract). Hingorani further states (ii), darkening at least a portion of the image that makes up the virtual environment, wherein smoke is produced throughout the virtual environment to indicate player success (see paragraph [0089]). Briggs teaches a visual indication when a user successfully completes a path within a predetermined level of accuracy and within a predetermined threshold of time (see paragraph [0025]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to simply substitute the visual success indicator of Briggs of the visual success indicator of Hingorani, as such would have produced the predictable results of providing smoke within a virtual environment when a user has successfully followed a path.
Re claims 33 and 42: Briggs fails to disclose with respect to the method of claim 27, further comprising displaying a sponsored image for the player to view during the gameplay. However, Hingorani discloses displaying an advertisement, i.e. a sponsored image, during game play (see paragraph [0063]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to modify the game environment of Briggs with advertisements, for the purpose of earning money from game sponsorship.
Re claims 36, 38, and 45: Briggs fails to disclose with respect to the method of claim 27, further comprising calculating the ideal-response path for the select portion of the player over a prescribed first and second periods of time. However, Hingorani discloses an augmented virtual reality game, wherein the player’s body parts must follow a path, and the difficult of the path’s are increased to a second level by reducing the threshold period of time to follow the ideal body path (see paragraph [0081, 0089]). Additionally, the same path can have two different threshold times, based on the difficulty set by the game system. It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to modify the game of Briggs with various difficulty levels for the purpose of increasing the excitement of the game and maintaining user attention.
Claim(s) 34 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Briggs in view of Washington (U.S. PGPUB 2018/0005483).
Re claim 34 and 43: Briggs fails to disclose with respect to the method of claim 27, transforming, in response to the player reaching the predetermined level of performance, a shape or image that conveys a sponsoring brand. However, Washington discloses “As the player's character navigates through the game world or game environment 2010 during time interval T1, a first in-game ad 2022 is displayed at virtual billboard 2020, as illustrated in FIG. 20. As the player's character navigates through the game world 2010 during a different time interval T2, a second in-game ad 2122 is displayed at virtual billboard 2020, as illustrated in FIG. 21. “ (see paragraphs 0205, 0236, 0243, 0280, 0293). In Briggs, completing a path and moving onto another path to achieve is a form of progressing through a game world, and thus the feature Washington is therefore applicable to said world. It would have been obvious to one of ordinary skill in the art to modify the game system of Briggs with the advertisement transformation feature of Washington, for the purpose of game developers earning more income from outside sponsorship.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINALD A RENWICK whose telephone number is (571)270-1913. The examiner can normally be reached Monday-Friday 11am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571)270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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REGINALD A. RENWICK
Primary Examiner
Art Unit 3714
/REGINALD A RENWICK/Primary Examiner, Art Unit 3715