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 .
Response to Amendment
This office action is in response to communications filed 11/25/2025. Claims 1-6 are pending.
Response to Arguments
Applicant's arguments filed 11/25/2025 have been fully considered but they are not persuasive.
Regarding Claim 1, the applicant argues that Kondo does not teach receive an input for switching the entire view position and the character-capturing position as a shooting position.
In response to the arguments, the examiner respectfully disagrees. Kondo discloses a director device (image generation device, Figure 7) and a performer device (HMD – Figure 1, Figure 5, 310), set an entire view position at which an entire view of the virtual space is captured and a character-capturing position at which the character in the virtual space is captured at a predetermined angle of view (Figure 11a, Figure 11b, Page 16-17, paragraph 0034-0035, Page 15-16, paragraph 0031, 0032; the director device receives data from the performer device which includes entire view position and character-capturing position, Figure 7, 640 – the virtual camera unit switches the virtual camera, the posture and direction of the character, the background area ); receive an input for switching the entire view position and the character-capturing position as a shooting position (Page 16-17, paragraph 0034-0035, Page 15-16, paragraph 0031, 0032; the director device receives data from the performer device which includes entire view position and character-capturing position, Figure 7, 640 – the virtual camera unit switches the virtual camera, the posture and direction of the character, the background area). This applies to claims 5 and 6.
Regarding Claims 3 and 4, the applicant did not argue specifically for those limitations. It is noted that the scope of the claim 3 has changed as it is no longer character viewpoint display unit.
Claim Objections
Claims 1-6 are objected to because of the following informalities:
Claims 1-6 recite “receive an input for switching the entire view position and the character-capturing position as a shooting position.” The limitation appears to be missing wording for the switching (i.e. between or from). Please review the specification so that no new matter is added.
Claim 5 recites in the preamble “A video creation device for creating a video of a character acting in a virtual space, the video creation device, the video creation device comprising….”
The Office suggests the following for the preamble:
“A video creation device for creating a video of a character acting in a virtual space,
Claim 6 recites in the preamble “A non-transitory computer-readable medium storing a video creation program for creating a video of a character acting in a virtual space, the video creation program configured to cause a computer including a memory which stores display data of the virtual space and display data of the character:”
The Office suggests the following options, but the applicant is welcome to amend in a different way to clearly claim the preamble.
Option 1:
“A non-transitory computer-readable medium storing a video creation program for creating a video of a character acting in a virtual space, the video creation program configured to cause a computer, including a memory which stores display data of the virtual space and display data of the character, to:
read display data of the character from the memory and cause the character to act in a virtual space according to the action of the character received from an external device ;
set an entire view position at which an entire view of the virtual space is captured and a character-capturing position at which the character in the virtual space is captured at a predetermined angle of view;
receive an input for switching the entire view position and the character-capturing position as a shooting position;
generate data of an image obtained by shooting the virtual space with a virtual camera at the shooting position input; and
create data of the video by sequentially recording the generated data of images.
Option 2
“A non-transitory computer-readable medium storing a video creation program for creating a video of a character acting in a virtual space, the video creation program configured to cause a computer, including a memory which stores display data of the virtual space and display data of the character, to perform a method, the method comprising:
reading display data of the character from the memory and cause the character to act in a virtual space according to the action of the character received from an external device ;
setting an entire view position at which an entire view of the virtual space is captured and a character-capturing position at which the character in the virtual space is captured at a predetermined angle of view;
receiving an input for switching the entire view position and the character-capturing position as a shooting position;
generating data of an image obtained by shooting the virtual space with a virtual camera at the shooting position input; and
creating data of the video by sequentially recording the generated data of images.
Option 3:
A non-transitory computer-readable medium storing a video creation program for creating a video of a character acting in a virtual space, the video creation program when executed by a computer, including a memory which stores display data of the virtual space and display data of the character, to perform a method, the method comprising:
reading display data of the character from the memory and cause the character to act in a virtual space according to the action of the character received from an external device ;
setting an entire view position at which an entire view of the virtual space is captured and a character-capturing position at which the character in the virtual space is captured at a predetermined angle of view;
receiving an input for switching the entire view position and the character-capturing position as a shooting position;
generating data of an image obtained by shooting the virtual space with a virtual camera at the shooting position input; and
creating data of the video by sequentially recording the generated data of images.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1-4 recites a performer device including a second processor. The specification discloses one processor which is part of the director device. The performer device includes VR goggles and a motion sensor. (Figure 1). Please provide the support for the second processor or amend the limitations.
[0017] In addition, as the action input terminal, for example, a motion capture, a controller in which a relationship between an action of a character and a button is defined in advance, or the like can be used.
[0048] The performer device 20 is a terminal used by a performer such as an actor who plays and moves a character appearing in a movie. The performer device 20 includes VR goggles 21 (which corresponds to a character viewpoint display unit in the present invention) and a motion sensor 22 (which corresponds to an action input terminal in the present invention). The motion sensor 22 includes a plurality of sensors 221 (sensor group) to be attached to the performer on the performer's predetermined positions and a motion detector 222 for detecting the motion of the plurality of sensors 221. The plurality of performer devices 20 each have a discrimination number for discriminating each of the performer devices 20.
[0083] …... In addition, for example, instead of the motion sensor 22, a controller in which a relationship between an action of the player character and a button is defined in advance, or the like can be used.
The language of the specification does not indicate that the performer device includes the controller or that the controller is a processor – it appears to be device with buttons.
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 5-6 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 5 recites two instance of the following limitations “a virtual space…” See preamble and the memory limitation. It is unclear if these are different/second instances or if they are the same limitation.
Claim 6 recites two instance of the following limitations “virtual space…” See preamble and the create step limitation. It is unclear if these are different/second instances or if they are the same limitation.
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.
(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 1-2 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kondo et al (JP 2019219702 and hereafter referred to as “Kondo,” English translation provided by applicant on 06/24/2024)
Regarding Claim 1, Kondo discloses a video creation system for creating a video of a character acting in a virtual space, the video creation system comprising:
a director device including memory which stores display data of a virtual space and display data of a character (Page 13-14, paragraphs 0027-0028) and a first processor (Page 13, paragraph 0026, Figure 7, 340, CPU);
a performer device separately provided from the director device and including a second processor configured to allow a user to input an action of the character (Page 13-14, paragraph 0027, Page 12, paragraph 0024, control unit of HMD, Figure 1, 110, 125, Figure 5, 125, Figure 2, 110);
the first processor is configured to:
read the display data of the character from the memory and cause the character to act in the virtual space according to the action of the character input through the performer device (Page 13-16, paragraph 0027—0029, 0032, 0034);
set an entire view position at which an entire view of the virtual space is captured and a character-capturing position at which the character in the virtual space is captured at a predetermined angle of view (Figure 11a, Figure 11b, Page 16-17, paragraph 0034-0035, Page 15-16, paragraph 0031, 0032; the director device receives data from the performer device which includes entire view position and character-capturing position, Figure 6, 640 – the virtual camera unit switches the virtual camera, the posture and direction of the character, the background area );
receive an input for switching the entire view position and the character-capturing position as a shooting position (Page 16-17, paragraph 0034-0035, Page 15-16, paragraph 0031, 0032; the director device receives data from the performer device which includes entire view position and character-capturing position, Figure 6, 640 – the virtual camera unit switches the virtual camera, the posture and direction of the character, the background area);
generate data of an image obtained by shooting the virtual space with a virtual camera at the shooting position input (Page 13-15, paragraph 0027, 0029); and
create data of a video by sequentially recording the data of images (Page 16-17, paragraph 0035).
Regarding Claim 2, Kondo discloses all the limitations of claim 1. Kondo discloses further comprising a shooting image display which displays an image of the virtual space captured by the virtual camera at the entire view position and an image of the virtual space captured by the virtual camera at the character-capturing position (Page 13-14, paragraph 0028, Page 16-17, paragraph 0035).
Regarding Claim 3, Kondo discloses all the limitations of claim 1. Kondo discloses a character viewpoint display which displays an image in which the virtual space is captured from a viewpoint of the character (Figure 12).
Regarding Claim 5, Kondo discloses a video creation device for creating a video of a character acting in a virtual space, the video creation device, the video creation device comprising:
a memory which stores display data of a virtual space and display data of the character (Page 13-14, paragraphs 0026-0028, Page 15-16, 0031-0032, Figure 3, Figure 6);
a processor configured to:
read the display data of the character from the memory and cause the character to act in the virtual space according to the action of the character received from an external device (Page 13-16, paragraph 0027—0029, 0032, 0034);
set an entire view position at which an entire view of the virtual space is captured and a character-capturing position at which the character in the virtual space is captured at a predetermined angle of view (Figure 11a, Figure 11b, Page 16-17, paragraph 0034-0035, Page 15-16, paragraph 0031, 0032; the director device receives data from the performer device which includes entire view position and character-capturing position, Figure 6, 640 – the virtual camera unit switches the virtual camera, the posture and direction of the character, the background area );
receive an input for switching the entire view position and the character-capturing position as a shooting position (Page 16-17, paragraph 0034-0035, Page 15-16, paragraph 0031, 0032; the director device receives data from the performer device which includes entire view position and character-capturing position, Figure 6, 640 – the virtual camera unit switches the virtual camera, the posture and direction of the character, the background area);
generate data of an image obtained by shooting the virtual space with a virtual camera at the shooting position input (Page 13-15, paragraph 0027, 0029); and
create data of a video by sequentially recording the data of images (Page 16-17, paragraph 0035).
Regarding Claim 6, Kondo discloses a non-transitory computer-readable medium storing a video creation program for creating a video of a character acting in a virtual space, the video creation program configured to cause a computer including a memory which stores display data of the virtual space and display data of the character:
read the display data of the character from the memory and cause the character to act in the virtual space according to the action of the character received from an external device (Page 13-16, paragraph 0027—0029, 0032, 0034);
set an entire view position at which an entire view of the virtual space is captured and a character-capturing position at which the character in the virtual space is captured at a predetermined angle of view (Figure 11a, Figure 11b, Page 16-17, paragraph 0034-0035, Page 15-16, paragraph 0031, 0032; the director device receives data from the performer device which includes entire view position and character-capturing position, Figure 6, 640 – the virtual camera unit switches the virtual camera, the posture and direction of the character, the background area );
receive an input for switching the entire view position and the character-capturing position as a shooting position (Page 16-17, paragraph 0034-0035, Page 15-16, paragraph 0031, 0032; the director device receives data from the performer device which includes entire view position and character-capturing position, Figure 6, 640 – the virtual camera unit switches the virtual camera, the posture and direction of the character, the background area);
generate data of an image obtained by shooting the virtual space with a virtual camera at the shooting position input (Page 13-15, paragraph 0027, 0029); and
create data of a video by sequentially recording the data of images (Page 16-17, paragraph 0035).
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.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kondo in view of Wada et al (JP 2002049937 and hereafter referred to as “Wada”, English translation provided by applicant on 06/24/2024).
Regarding Claim 4, Kondo discloses all the limitations of claim 1. Kondo is silent on adjust an angle of view at which a target is captured by the virtual camera at the entire view position and/or the character- capturing position. Wada discloses the processor adjust an angle of view at which a target is captured by the virtual camera at the entire view position and/or the character- capturing position (Page 11, paragraph 0030-31, see Figure 8 (English translation shows Figure 9 but foreign document shows Figure 8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kondo to include the missing limitation as taught by Wada in order to dynamically change a virtual space displayed on a monitor (page 3. Problem to be solved) as disclosed by Wada.
Conclusion
THIS ACTION IS MADE FINAL. 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 FARZANA HOSSAIN whose telephone number is (571)272-5943. The examiner can normally be reached 9:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Kelley can be reached at 571-272-7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FARZANA HOSSAIN/Primary Examiner, Art Unit 2482
December 12, 2025
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