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 .
Specification
Applicant should indicate granted patent for application #17654839.
35 USC § 101
Examiner recognizes that a practical application is indicated as per page 2, lines 2-17 regarding the virtual camera method allowing for interesting views not to be missed by a spectator and controls governing movement for the purpose of comfort. Therefore while mental steps regarding control of a camera and recognizing interesting scenes are recited the current claims overcome step 2A by reciting a practical application.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 7-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Norman et al. (US Pub. No. 2014/0113718 A1 hereinafter referred to as Norman) in view of Kobayashi (US Pub. No. 2004/0176164 A1).
As per claims 1 and 11, Norman teaches a computer-implemented method and system of controlling at least one of a navigation, positioning or orientation of a virtual camera configured to capture a plurality of storylines (defined as: “The term "storyline" is defined as an aggregated set of data defining a player's visual and auditory in-game interactions, e.g. with one or more other players. Storyline data may refer to all, or a portion, of the programmatic data defining the visual storyline, auditory storyline and associated metadata pertaining or incidental thereto which, if processed and rendered, would visually and aurally display the storyline to one or more human spectators. Storyline data may be indicative of one or more preferred positions, angles, foci, fields of view, or perspectives of one or more cameras.” As per applicant’s disclosure page 7, line 24-30) in a multiplayer (paragraphs [0003] and [0049] see example game “League of Legends”) video game hosted by at least one server (abstract and Fig. 8 teaches a multiplayer game comprising a server (paragraph [0005]) for broadcasting to at least one computing device (Fig. 2, item 1200 and paragraph [0029] see spectator device), wherein each of said plurality of storylines is associated with a different player of the multiplayer video game (paragraphs [0023] and [0026]), said method comprising: determining, in the at least one server, a plurality of ranked storylines (Figs. 8 and 11 and paragraphs [0049]-[0050] and [0063]-[0079] teaches an interest determination level associated with characteristics of a champion, or player, in order to select a camera view which focuses on that champion (paragraphs [0049]-[0050]) with paragraphs [0063]-[0079] listing various visibility interest factors used); determining a highest overall ranking among the plurality of ranked storylines (Fig. 8 and paragraphs [0049]-[0052] the camera of a spectator is moved in order to observer the new champion of interest); programmatically moving, in the at least one server, the virtual camera to capture one of the plurality of storylines determined to have the highest overall ranking subject to one or more rules (Fig. 8 and paragraphs [0049]-[0052] the camera of a spectator is moved in order to observer the new champion of interest), transmitting, from the at least one server to at least one computing device, images captured by the virtual camera (paragraph [0032] view is streamed to be displayed on a client device); and causing images captured by the virtual camera to be rendered on the at least one computing device (paragraph [0032] view is streamed to be displayed on a client device). Norma does not teach the rules for moving the virtual camera wherein the one or more rules is at least one (examiner note: only one rule must be taught) of: avoiding a collision with solid objects in the multiplayer video game; limiting a distance which the virtual camera must travel to capture the one of the plurality of storylines determined to have the highest overall ranking; limiting at least one of rotation, tilt and pan required for the virtual camera to capture the one of the plurality of storylines determined to have the highest overall ranking; limiting at least one of a speed of movement, an acceleration of movement, an angular speed of rotation and an angular acceleration of rotation of the virtual camera; and determining if moving the virtual camera would position the virtual camera beyond a predefined boundary and, if moving the virtual camera would position the virtual camera beyond the predefined boundary, positioning the virtual camera on the predefined boundary. However, Kobayashi teaches a game comprising a virtual camera control (abstract) wherein the one or more rules limit at least one of tilt required for the virtual camera to capture the storyline determined to have said highest overall ranking (paragraph [0096] system gives a higher score to a smaller angle thereby limiting the tilt) in order to reduce speed of movement of the virtual camera (paragraph [0018] rules are set to reduce amount of movement and therefore speed of movement (distance with time) would be reduced due to the amount of distance being covered being reduced). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Norman with Kobayashi, since Norman is modifiable to include rules to limit the movement or change of the virtual camera in order to avoid a case where a player feels a sense of incompatability with the scene due to the speed of change (Kobayashi paragraph [0096]). Specifically this renders obvious the rules regarding limiting rotation or speed.
As per claims 2 and 12, Kobayashi teaches a method and system further comprising, prior to determining the highest overall ranking among the plurality of ranked storylines, filtering the plurality of ranked storylines based on whether a player falls into a certain category or has a predefined characteristic to thereby generate a modified plurality of ranked storylines, prior to determining the highest overall ranking among the plurality of ranked storylines (paragraph [0049] various characteristics are considered for determining highest ranked and paragraph [0067]-[0073] the list of characters to be considered includes visibility range or distance and health levels).
As per claims 3 and 13, Kobayashi teaches a method and system wherein the predefined characteristics is at least one of a score, point total, health level, number of kills, or amount of treasure that is below a threshold level (paragraphs [0049] and [0071] see for example health).
As per claims 4 and 14, Kobayashi does not specifically teach a method or system wherein the predefined characteristics comprises having unpreferred weaponry. However, Kobayashi teaches a preference for attack versus repair roles for ranking views (paragraph [0073] see attacker which would be a role with other roles, such as repair (paragraph [0061]), being included. Therefore a preference for a character in an attacking role versus a repair role would be included when applying the rule in paragraph [0073]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have modified Kobayashi to have unpreferred weaponry as a rule for ranking since it is recognized that some weaponry in game have different roles beyond damage, such as healing, and a player may prefer instead to only view damaging weapons since this would be more exciting.
As per claims 5 and 15, Kobayashi teaches a method and system wherein the certain category is the player having a preferred title or role (paragraph [0073] see attacker which would be a role with other roles, such as repair (paragraph [0061]), being included. Therefore a preference for a character in an attacking role versus a repair role would be included when applying the rule in paragraph [0073]).
As per claims 7 and 17, Kobayashi teaches a method and system defining, in the at least one server (claim 3), at least one base criterion for ranking each storyline of the plurality of ranked storylines (Figs. 8 and 11 and paragraphs [0049]-[0050] and [0063]-[0079] teaches an interest determination level associated with characteristics of a champion, or player, in order to select a camera view which focuses on that champion (paragraphs [0049]-[0050]) with paragraphs [0063]-[0079] listing various visibility interest factors used).
As per claims 8 and 18, Kobayashi teaches a method and system wherein the at least one base criterion comprises a virtual distance of each player with respect to each other player in the multiplayer video game (paragraphs [0067]-[0070]).
As per claims 9 and 19, Kobayashi teaches a method and system further comprising, in the at least one server, a base rank for each storyline of the plurality of ranked storylines, wherein the base rank is a function of said at least one base criterion (paragraphs [0067]-[0070] acts as a filter setting up a base rank of interest or eligible selections).
As per claims 10 and 20, Kobayashi teaches a method and system further comprising defining, in the at least one server, at least one factor to weight the base rank (Figs. 8 and 11 and paragraphs [0049]-[0050] and [0063]-[0079] teaches an interest determination level associated with characteristics of a champion, or player, in order to select a camera view which focuses on that champion (paragraphs [0049]-[0050]) with paragraphs [0063]-[0079] listing various visibility interest factors used).
Claim(s) 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Norman et al. (US Pub. No. 2014/0113718 A1 hereinafter referred to as Norman) and Kobayashi (US Pub. No. 2004/0176164 A1) in view of Smith et al. (US Pub. No. 2016/0364915 A1 hereinafter referred to as Smith).
As per claims 6 and 16, Norman does not teach a method or system further comprising allowing an output of the virtual camera to fade to black before the virtual camera is programmatically moved. However, Smith teaches a method of displaying an object in a virtual environment including modifying the view (abstract) wherein fade to black is used when changing the viewpoint (paragraph [0055]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Norman with Kobayashi and Smith, since Norman is modifiable to include fade to black when teleporting the view is needed when transitioning the view in order to avoid virtual motion sickness from excessive changes (paragraph [0055] of Smith).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 5, 7-13, 15, 17-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-5, 7, and 9-10 of U.S. Patent No. 11305191. Although the claims at issue are not identical, they are not patentably distinct from each other because see below. Specifically while differences exists between the claims both are directed towards a method of controlling a virtual camera based on ranking of storylines in a game. Therefore the claims are not patentably distinct.
Current claims
U.S. Patent No. 11305191
Explanation
computer-implemented method of controlling at least one of a navigation, positioning or orientation of a virtual camera configured to capture a plurality of storylines in a multiplayer video game hosted by at least one server, wherein each of said plurality of storylines is associated with a different player of the multiplayer video game, said method comprising
1. computer-implemented method of controlling at least one of a navigation, positioning or orientation of a virtual camera configured to capture a plurality of storylines in a multiplayer video game, wherein each of the plurality of storylines is specific to one player of a plurality of different human players of the multiplayer video game, for broadcasting to at least one computing device, said method comprising
Differs in that the current claims do not indicate specific to one player but the parent claims do include a plurality of different players with players. Additionally server is found later limitation “defining, in at least one server” therefore the broadcasting in the limitation would be performed by a server.
determining, in the at least one server, a plurality of ranked storylines;
defining, in at least one server remote from the at least one computing device, a function to identify the plurality of storylines;
Similar
determining a highest overall ranking among the plurality of ranked storylines;
the virtual camera to capture one of the plurality of storylines determined to have a highest overall ranking among the plurality of storylines
Boths sets of claims determine a highest ranking
programmatically moving, in the at least one server, the virtual camera to capture one of the plurality of storylines determined to have the highest overall ranking subject to one or more rules, wherein the one or more rules is at least one of:
subject to one or more rules, programmatically moving, in the at least one server, the virtual camera to capture one of the plurality of storylines determined to have a highest overall ranking among the plurality of storylines;
Both move the camera to highest ranking based on rules.
avoiding a collision with solid objects in the multiplayer video game;
a third factor representative of a degree of an unobstructed view between each player and each other player of the plurality of different human players in the multiplayer video game
Examiner recognizes that unobstructed view would also include avoiding collisions since if a collision occurs the view between players would be obstructed.
limiting a distance which the virtual camera must travel to capture the one of the plurality of storylines determined to have the highest overall ranking; limiting at least one of rotation, tilt and pan required for the virtual camera to capture the one of the plurality of storylines determined to have the highest overall ranking;
7. The computer-implemented method of claim 1, wherein the one or more rules limit at least one of rotation, tilt or pan required for the virtual camera to capture the storyline determined to have said highest overall ranking.
9. The computer-implemented method of claim 1, wherein the one or more rules limit at least one of a speed of movement of the virtual camera or an angular speed of rotation of the virtual camera.
Similar
limiting at least one of a speed of movement, an acceleration of movement, an angular speed of rotation and an angular acceleration of rotation of the virtual camera; and determining if moving the virtual camera would position the virtual camera beyond a predefined boundary and, if moving the virtual camera would position the virtual camera beyond the predefined boundary, positioning the virtual camera on the predefined boundary;
7. The computer-implemented method of claim 1, wherein the one or more rules limit at least one of rotation, tilt or pan required for the virtual camera to capture the storyline determined to have said highest overall ranking.
9. The computer-implemented method of claim 1, wherein the one or more rules limit at least one of a speed of movement of the virtual camera or an angular speed of rotation of the virtual camera.
Similar
transmitting, from the at least one server to at least one computing device, images captured by the virtual camera;
broadcasting, from the at least one server to the at least one computing device, the one of the plurality of storylines determined to have a highest overall ranking among the plurality of storylines
Similar
and causing images captured by the virtual camera to be rendered on the at least one computing device.
broadcasting, from the at least one server to the at least one computing device, the one of the plurality of storylines determined to have a highest overall ranking among the plurality of storylines
The broadcasting to the device would be recognized as being for the purpose of viewing since that is the point of a virtual camera. Therefore these limitations would have similar scope.
2. further comprising, prior to determining the highest overall ranking among the plurality of ranked storylines, filtering the plurality of ranked storylines based on whether a player falls into a certain category or has a predefined characteristic to thereby generate a modified plurality of ranked storylines.
6. The computer-implemented method of claim 1, wherein the one or more rules limit a time which the virtual camera must take to travel to capture the storyline determined to have the highest overall ranking and wherein the time ranges between 0.25 to 1 second.
7. The computer-implemented method of claim 1, wherein the one or more rules limit at least one of rotation, tilt or pan required for the virtual camera to capture the storyline determined to have said highest overall ranking.
See requirements regarding distance or travel time which would act as a filter.
7. defining, in the at least one server, at least one base criterion for ranking each storyline of the plurality of ranked storylines.
4. wherein the at least one base criterion comprises a virtual distance of each player with respect to each other player of the plurality of different human players in the multiplayer video game.
Similar
8. wherein the at least one base criterion comprises a virtual distance of each player with respect to each other player in the multiplayer video game.
4. wherein the at least one base criterion comprises a virtual distance of each player with respect to each other player of the plurality of different human players in the multiplayer video game.
Similar
9. further comprising, in the at least one server, a base rank for each storyline of the plurality of ranked storylines, wherein the base rank is a function of said at least one base criterion.
5. wherein the base rank for each of the plurality of storylines is inversely related to the virtual distances of each player with respect to each of the other players of the plurality of different human players.
Similar
10. further comprising defining, in the at least one server, at least one factor to weight the base rank.
1. defining, in the at least one server, one or more factors to weight the base rank
Similar
Regarding 11-12 and 17-20 claim 10 of 11305191 recites a system version. Therefore the claims are not patentably distinct.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yee (US Pub. No. 2019/0083885 A1) teaches a virtual camera "the controls may be constrained in such a way that when the position of the virtual camera reaches an edge of the boundary area defined previously while the device 801 was in a first orientation, the corresponding control becomes unresponsive to further user input so as to prevent the virtual camera from exiting the boundary area" (paragraph [0126]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 3/31/2026