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 Objections
Claims 5-8 are objected to because of the following informalities:
In claim 5, line 1, “comprising displaying” should read “further comprising displaying”
In claim 6, line 1, “comprising modifying” should read “further comprising modifying”
In claim 7, line 1, “comprising determining” should read “further comprising determining”
In claim 8, line 1, “comprising determining” should read “further comprising determining”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-4, 7-11, and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the likelihood of motion sickness" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the likelihood of motion sickness” will be read as “a likelihood of motion sickness.”
Claim 3 recites the limitation "the " in line. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the start and end” will be read as “a start and end.”
Claim 4 recites the limitation "the likelihood of an item of content" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the likelihood of an item of content” will be read as “a likelihood of an item of content.”
Claim 7 recites the limitation "the " in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the ” will be read as “a length.”
Claim 7 further recites the limitation "the " in line-3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the ” will be read as “a.”
Claim 8 recites the limitation "the " in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the ” will be read as “a length.”
Claim 8 further recites the limitation "the " in line-3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the ” will be read as “a.”
Claim 11 recites the limitation "the " in lines . There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be read as if dependent of claim 10, which discloses an additional item of content.
Claim 13 recites the limitation "the likelihood of motion sickness" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the likelihood of motion sickness” will be read as “a likelihood of motion sickness.”
The dependent claims not specifically addressed above are rejected under 35 U.S.C. 112(b) as indefinite due to their dependence from indefinite claims.
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.
Claim(s) 1-3, 5-6, 8, and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mizuno (US 2021/0247200).
Regarding claim 1, Mizuno teaches a method of selecting content for display during a journey to alleviate motion sickness (Fig. 4; paras. 0002, 0006-0007, 0009, and 0043-0048), the method comprising:
receiving information indicative of a route for a journey (paras. 0019-0020 and 0044; Fig. 4, step S2; refer to para. 0035 and Fig. 3 for traveling route);
detecting at least a first portion (Fig. 3, turning section 301; paras. 0035-0039, wherein the turning section 301 is being construed as the “first portion”) of the journey having a first predetermined characteristic (para. 0027; para. 0035, wherein the turning section 301 has a left turn pattern of 90 degrees, this turning pattern is being construed as the “first predetermined characteristic”; Fig. 2, first turning pattern (1); Fig. 4, step S3; para. 0045);
identifying a time period corresponding to the first portion of the journey (para. 0039, “the time taken for the automobile to travel in the predetermined section 301B varies depending on the traveling speed of the automobile. Therefore, the length of the predetermined section 301B may change depending on the type of road (general road, expressway, and the like) of the predetermined section 301B”; paras. 0035-0039; Fig. 3, predetermined section 301A and predetermined section 301B, wherein the “time period” is being construed as the time between the predetermined section 301A and the predetermined section 301B, which represents the starting and end points, respectively, of the turning section 301); and
selecting one or more items of content (paras. 0024 and 0029-0033, wherein the image reproducing unit 14 reproduces a selected-virtual space image and a turning-virtual space image if the turning determination unit 13 determines that the vehicle is in a turning section) having a second predetermined characteristic for display over the time period (paras. 0026-0027, 0033, 0036-0038, 0045, 0049-0050, and 0054-0056, wherein the turning-virtual space image includes characteristics such as the road shape and traveling direction, and the selected-virtual space image includes scenery characteristics, these characteristics are being construed as the “second predetermined characteristic”, a composite image comprising a turning-virtual space image fading in/fading out and a selected-virtual space image fading in/fading out are displayed on the HMD 200 during the turning section 301).
Regarding claim 2, as best understood in light of the rejections under 35 U.S.C. 112(b) above, Mizuno teaches the method according to claim 1 as stated above wherein the first predetermined characteristic is a characteristic indicative of the likelihood of motion sickness during the journey (para. 0002, 0006-0007, 0009, and 0015, wherein motion sickness typically occurs when there is a contradiction between an occupant’s bodily movements and their visual perception. Specifically, in the context of autonomous vehicles, the act of turning may induce motion sickness because the occupants are not actively engaged in driving and, consequently, are unable to anticipate the vehicle’s movements).
Regarding claim 3, as best understood in light of the rejections under 35 U.S.C. 112(b) above, Mizuno teaches the method according to claim 1 as stated above wherein the time period includes a start time and an end time corresponding to the start and end of the first portion of the journey (paras. 0035-0040, wherein predetermined sections 301A and 301B represent the starting and end points, respectively, of the turning section 301; Fig. 4, step S5-step S8; paras. 0046-0047).
Regarding claim 5, Mizuno teaches the method according to claim 1 as stated above further comprising displaying the one or more items of content having the second predetermined characteristic during the time period corresponding to the first portion of the journey (paras. 0028, 0031-0033, and 0036-0038, wherein the image reproducing unit 14 composes the selected-virtual space image with scenery characteristics and the turning-virtual space image with road shape and traveling direction characteristics and displays the composite image on the HMD 200 during the turning section 301; Fig. 4, step S4-S9; paras. 0045-0048).
Regarding claim 6, Mizuno teaches the method according to claim 1 as stated above further comprising modifying the one or more items of content to enhance the second predetermined characteristic (paras. 0009, 0035-0040, 0046-0047, 0049-0050, wherein the fade-in and fade-out processing of the selected-virtual space image and the turning-virtual space image creates a composite image mimicking the turning pattern of the vehicle with the correct traveling direction).
Regarding claim 8, as best understood in light of the rejections under 35 U.S.C. 112(b) above, Mizuno teaches the method according to claim 1 as stated above further comprising determining a difference between the length of the time period and the duration of the one or more items of content; and modifying the one or more items of content to reduce the difference when the difference is above a predetermined threshold (paras. 0035-0039, 0046-0047, 0052, 0054, and 0057).
Regarding claim 16, Mizuno teaches an apparatus for selecting content for a journey to alleviate motion sickness (Fig. 1; paras. 0002, 0006-0007, 0009, 0014, and 0019) configured to:
receive information indicative of a route for a journey (Fig. 1; paras. 0019-0021 and 0043-0044, wherein the road-route information acquisition unit 11 acquires road-route information from the road-route information storage unit 300 and the current-position detection unit 12 detects the current position of the automobile on the traveling route);
detect at least a first portion (Fig. 1, turning determination unit 13; para. 0022; Fig. 3, turning section 301; paras. 0035-0039, wherein the turning section 301 is being construed as the “first portion”) of the journey having a first predetermined characteristic (para. 0027; para. 0035, wherein the turning section 301 has a left turn pattern of 90 degrees, this turning pattern is being construed as the “first predetermined characteristic”; Fig. 2, first turning pattern (1));
identify a time period corresponding to the first portion of the journey (para. 0039, “the time taken for the automobile to travel in the predetermined section 301B varies depending on the traveling speed of the automobile. Therefore, the length of the predetermined section 301B may change depending on the type of road (general road, expressway, and the like) of the predetermined section 301B”; paras. wherein the turning determination unit 13 detects that the current position of the vehicle is in the turning section 301; paras. 0036-0039; Fig. 3, predetermined section 301A and predetermined section 301B, wherein the “time period” is being construed as the time between the predetermined section 301A and the predetermined section 301B, which represents the starting and end points, respectively, of the turning section 301); and
select one or more items of content (Fig. 1, image reproducing unit 14; paras. 0024 and 0029, wherein the image reproducing unit 14 reproduces 1) a selected-virtual space image of VR contents selected among one or more VR contents stored in the VR content storage unit 21, and 2) a turning-virtual space image from the turning-image storage unit 22) having a second predetermined characteristic for display over the time period (paras. 0026-0027, 0031-0033, 0036-0039, 0049-0050, and 0054-0056, wherein the turning-virtual space image includes characteristics such as the road shape and traveling direction, and the selected-virtual space image includes scenery characteristics, these characteristics are being construed as the “second predetermined characteristic”, a composite image comprising a turning-virtual space image fading in/fading out and a selected-virtual space image fading in/fading out are displayed on the HMD 200 during the turning section 301).
Regarding claim 17, Mizuno teaches a non-transitory computer readable medium that stores computer executable instructions which, when the instructions are implemented by a computer, cause the computer to perform a method of selecting content for display during a journey to alleviate motion sickness (para. 0016, “a CPU, a RAM, a ROM, and the like of a computer in practice, and are implemented by operating a program for providing a virtual space image”; paras. 0002, 0006-0007, 0009, and 0043; Fig. 4), the method comprising:
receiving information indicative of a route for a journey (paras. 0019-0020 and 0044; Fig. 4, step S2; refer to para. 0035 and Fig. 3 for traveling route);
detecting at least a first portion (Fig. 3, turning section 301; paras. 0035-0039, wherein the turning section 301 is being construed as the “first portion”) of the journey having a first predetermined characteristic (para. 0027; para. 0035, wherein the turning section 301 has a left turn pattern of 90 degrees, this turning pattern is being construed as the “first predetermined characteristic”; Fig. 2, first turning pattern (1); Fig. 4, step S3; para. 0045);
identifying a time period corresponding to the first portion of the journey (para. 0039, “the time taken for the automobile to travel in the predetermined section 301B varies depending on the traveling speed of the automobile. Therefore, the length of the predetermined section 301B may change depending on the type of road (general road, expressway, and the like) of the predetermined section 301B”; paras. 0035-0039; Fig. 3, predetermined section 301A and predetermined section 301B, wherein the “time period” is being construed as the time between the predetermined section 301A and the predetermined section 301B, which represents the starting and end points, respectively, of the turning section 301); and
selecting one or more items of content (paras. 0024 and 0029-0033, wherein the image reproducing unit 14 reproduces a selected-virtual space image and a turning-virtual space image if the turning determination unit 13 determines the vehicle is in the turning section) having a second predetermined characteristic for display over the time period (paras. 0026-0027, 0033, 0036-0038, 0045, 0049-0050, and 0054-0056, wherein the turning-virtual space image includes characteristics such as the road shape and traveling direction, and the selected-virtual space image includes scenery characteristics, these characteristics are being construed as the “second predetermined characteristic”, a composite image comprising a turning-virtual space image fading in/fading out and a selected-virtual space image fading in/fading out are displayed on the HMD 200 during the turning section 301).
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(s) 4 as best understood in light of the rejections under 35 U.S.C. 112(b) above, is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno in view of Baykaner (EP 3467617).
Regarding claim 4, Mizuno teaches the method according to claim 1 as stated above. Mizuno further teaches wherein the item of content’s characteristics complement the vehicle’s route to reduce motion sickness (paras. 0009, 0024, 0037, 0040, and 0055, wherein the selected-virtual space image is discontinued once the vehicle transverses the predetermined section 301A beyond the starting point of the turning section 301. This occurs because a selected-virtual space image is only reproduced when the vehicle is traveling on a straight segment. A turning-virtual space image is only displayed when the vehicle is physically executing a turn; Fig. 4, step S5, para. 0046).
Mizuno fails to specifically teach wherein the second predetermined characteristic is indicative of the likelihood of an item of content to cause motion sickness.
Baykaner teaches an analogous method wherein the second predetermined characteristic is indicative of the likelihood of an item of content to cause motion sickness (paras. 0012 and 0077).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Mizuno with the second predetermined characteristic of Ando. Certain virtual content effects, like flashing lights, moving objects, accelerations, lags, and tilting effects, can increase the likelihood of VR/AR sickness. Therefore, it’s important to use calm scenes with few moving elements and gentle transitions between scenes to reduce this risk (Baykaner, paras. 0012 and 0077).
Claim(s) 7 as best understood in light of the rejections under 35 U.S.C. 112(b) above, is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno in view of Larner et al. (US 2018/0052000).
Regarding claim 7, Mizuno teaches the method according to claim 1 as stated above. Mizuno further teaches determining a difference between the length of the time period and the duration of the one or more items of content (paras. 0035-0039, 0046-0047, 0052, 0054, and 0057). Mizuno fails to teach modifying the route for the journey to reduce the difference when the difference is above a predetermined threshold.
In the same field of endeavor, Larner et al. teaches modifying the route for the journey (paras. 0081).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Mizuno with the route modification of Larner et al. Route characteristics, like real-time traffic congestion causing frequent stops, may prompt the vehicle to reroute to a less congested street to help minimize the likelihood of motion sickness (Larner et al., para. 0081).
Claim(s) 9 as best understood in light of the rejections under 35 U.S.C. 112(b) above, is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno in view of Jang (KR 2019/0079330), citing to attached translation.
Regarding claim 9, Mizuno teaches the method according to claim 8 as stated above. Mizuno fails to teach wherein modifying the one or more items of content includes modifying a playback speed of the content.
Jang teaches an analogous method wherein modifying the one or more items of content includes modifying a playback speed of the content (Claim 3; page 8, para. 1, “The screen control unit 127 outputs an icon for controlling the screen frame, for example, a control bar P1 having a predetermined shape, on the screen of the mobile terminal. The user can adjust the frame rate through the adjustment bar P1. Moving the control bar P1 in the right direction sets the screen frame rate (FPS, Frame Per Second) close to the normal frame rate. On the other hand, when the control bar P1 is moved to the left, the frame rate FPS of the screen is set to a low speed. A moving picture is composed of a plurality of frames per unit time. A low frame rate (FPS) means that the video playback speed is slow”).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Mizuno with the playback modification of Jang. Slowing down the playback speed may reduce the user’s eye movement and, consequently, decrease eye fatigue (Jang, page 8, para. 1, “Therefore, if the frame rate FPS is slowed down, the eye movement of the user can be reduced”).
Claim(s) 10-11 as best understood in light of the rejections under 35 U.S.C. 112(b) above, is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno in view of Krakowski (US 2013/0038599).
Regarding claim 10, Mizuno teaches the method according to claim 8 as stated above. Mizuno further teaches modifying the one or more items of content (paras. 0035-0039, 0046-0047, 0052, 0054, and 0057). Mizuno fails to teach generating an additional item of content for display during the time period once the one or more items of content have been displayed.
In the same field of endeavor, Krakowski teaches generating an additional item of content for display during the time period once the one or more items of content have been displayed (paras. 0060-0061).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Mizuno with the advertisement content of Krakowski. The advertisement may be presented as unattended data, e.g., logos, banner ads, and/or videos. In this fashion, the unattended data is sensed and processed by the user without the user actively attending to it. Advantageously, unlike commercials and previous, the advertisement does not interrupt or delay the attended data, as it appears concurrently with the attended data (Krakowski, paras. 0060-0061).
Regarding claim 11, Mizuno teaches the method according to claim 8 as stated above. Mizuno fails to teach wherein the additional item of content includes an advertisement having the second predetermined characteristic.
In the same field of endeavor, Krakowski teaches wherein the additional item of content includes an advertisement having the second predetermined characteristic (paras. 0060-0061).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Mizuno with the advertisement content of Krakowski. The advertisement may be presented as unattended data, e.g., logos, banner ads, and/or videos. In this fashion, the unattended data is sensed and processed by the user without the user actively attending to it. Advantageously, unlike commercials and previous, the advertisement does not interrupt or delay the attended data, as it appears concurrently with the attended data (Krakowski, paras. 0060-0061).
Claim(s) 12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno in view of Shpigelman (US 2016/0048027).
Regarding claim 12, Mizuno teaches the method according to claim 1 as stated above. Mizuno further teaches wherein the method further comprises detecting at least a second portion (Fig. 3, second turning section 302; para. 0041) of the journey has a third predetermined characteristic (para. 0027; para. 0041, wherein the second turning section 302 has a right turn pattern of 90 degrees, this turning pattern is being construed as the “third predetermined characteristic”; Fig. 2, first turning pattern (2)); identifying a second time period corresponding to the second portion of the journey (paras. 0035-0039 and 0041; Fig. 3, predetermined section 302A and predetermined section 302B, wherein the “time period” is being construed as the time between the predetermined section 302A and the predetermined section 302B, which represents the starting and end points, respectively, of the turning section 302).
Mizuno fails to teach pausing the display of content during the second time period.
In the same field of endeavor, Shpigelman teaches pausing the display of content (para. 0046)
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Mizuno with the pausing feature of Shpigelman. The ability to suspend the virtual content prevents the user from accessing the virtual reality environment when safety triggers, such as excessive user movement, are detected (Shpigelman, para. 0046).
Regarding claim 14, Mizuno, in view of Shpigelman, teaches the method according to claim 12 as stated above. Mizuno further teaches wherein the second time period has expired (Mizuno, paras. 0038-0039 and 0041; see Fig. 3, wherein after the predetermined section 302B ends, the route straightens out before the vehicle enters predetermined section 303A, which designates a third turning section 303 on the traveling route). Mizuno, in view of Shpigelman fails to teach wherein the method comprises resuming the display of content.
Shpigelman further teaches resuming the display of content (para. 0046).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified the method of Mizuno, in view of Shpigelman, with the resuming feature of Shpigelman. This aspect provides an important safety feature in that the user may be effectively prohibited from viewing the virtual content while moving around (Shpigelman, para. 0046).
Claim(s) 13 as best understood in light of the rejections under 35 U.S.C. 112(b) above, is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno in view of Shpigelman, further in view of Larner et al.
Regarding claim 13, Mizuno, in view of Shpigelman, teaches the method according to claim 12 as stated above. Mizuno further teaches wherein the third predetermined characteristic is a characteristic which indicates that the likelihood of motion sickness during the journey (para. 0002, 0006-0007, 0009, and 0015, wherein motion sickness typically occurs when there is a contradiction between an occupant’s bodily movements and their visual perception. Specifically, in the context of autonomous vehicles, the act of turning may induce motion sickness because the occupants are not actively engaged in driving and, consequently, are unable to anticipate the vehicle’s movements). Mizuno in view of Shpigelman fails to teach a threshold level.
In the same field of endeavor, Larner et al. teaches a threshold level (Fig. 6, turn P1; paras. 0066, 0071-0072, and 0083-0086).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Mizuno, in view of Shpigelman, with the threshold value of Larner et al. The route and/or driving style of the vehicle may be modified based on a threshold value for a passenger most susceptible to motion sickness, ensuring that the selected route does not exceed a predetermined threshold value for the overall motion sickness level (Larner et al., paras. 0083-0086).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno in view of Shpigelman, further in view of Worrel et al. (US 2015/0120149).
Regarding claim 15, Mizuno, in view of Shpigelman, teaches the method according to claim 14 as stated above. Mizuno further teaches wherein the second time period has expired (Mizuno, paras. 0038-0039 and 0041; see Fig. 3, wherein after the predetermined section 302B ends, the route straightens out before the vehicle enters predetermined section 303A, which designates a third turning section 303 on the traveling route). Mizuno, in view of Shpigelman, fails to teach wherein the method further comprises generating and displaying additional content before resuming the display of content.
In the same field of endeavor, Worrel et al. teaches generating and displaying additional content before resuming the display of content (paras. 0037-0040, wherein the video is paused, and an HMI message is displayed to the vehicle occupant, after the HMI message is displayed, remedial actions are taken and the video is resumed; Fig. 3, block 315 and block 330).
Therefore, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of Mizuno, in view of Shpigelman, with the additional content of Worrel et al. The HMI message may indicate that a vehicle occupant is susceptible to motion sickness and provide recommendations to mitigate the likelihood of the condition (Worrel et al., paras. 0037-0040).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bradley (US 10,546,560) discloses a method and system for displaying and generating virtual content for a user of a vehicle. The virtual content is configured to reduce motion sickness by displaying the planned motion of the autonomous vehicle. Son (US 2019/0061655) discloses a method and apparatus for preventing motion sickness of vehicle occupants are designed to display a motion image in a vehicle interior to convey visual information to the occupants regarding the vehicle's current and upcoming movements. Lev et al. (WO 2020012458) discloses motion sickness prevention system that is configured to provide subliminal or explicit visual cues to the passenger of a driverless autonomous vehicle traveling along a designated route.
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/B.R.L./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
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