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 Amendments
Applicant’s submission of a response was received on 06/22/2026. Presently, claims 1-20 are pending.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Richard L. Marks (US 20060277571 A1; hereinafter Marks) in view of Wii U by Nintendo as evidenced by YouTube Video by ZackScottGames (“Splatoon - Gameplay Walkthrough Part 1 - Intro, Multiplayer, and Single Player (Nintendo Wii U)” found at https://www.youtube.com/watch?v=-7DVixaWbWo (2015) hereinafter Wii U).
Regarding claim 1, Marks discloses a system comprising: a display (“a display screen 110” (recited in at least: Marks paragraph [0054])); and one or more memories configured to store instructions that, when executed, cause one or more processors to perform operations comprising (“main memory 514 which may be used for various program operations and for storage of data” (recited in at least: Marks paragraph [0069])): obtaining a physical direction in which a hardware controller is present with respect to the display, showing on the display an image comprising a first object and a second object, the first object being movable within the image in accordance with user input to the controller, the second object presenting information about a user who operates the controller and/or the first object (“are several embodiments of game controller enhancements to provide increased interactivity between a game controller and a game or other application. Such enhancements include providing a plurality of LEDs on the game controller which are viewable by a video capture and processing system, allowing the video game or other application to identify the location, movement, or orientation of the game controller with respect to a video capture device. Also described is a game controller having sound capture or sound or ultrasonic generation capability for accepting voice commands or communications with other users, and for providing communication between the controller and a base unit” (recited in at least: Marks paragraph [0053])), and responsive to the direction in which the controller is present with respect to the display moving from a first direction relative to the display to a second direction relative to the display (“The image capture device 105 may be designed to focus onto a capture region 105a. In this example, a person 112 may be intending to interact with a computer program being executed by the computer 102. The computer program, in this example, may be a video game which may be rendered and displayed by the display screen 110” (recited in at least: Marks paragraph [0056])). However, Markes does not explicitly disclose changing a display position and/or an orientation of the second object in the image in accordance with the move from the first direction to the second direction, without also moving the first object in the image.
Wii U teaches changing a display position and/or an orientation of the second object in the image in accordance with the move from the first direction to the second direction, without also moving the first object in the image. As shown in FIG 2-3 the direction switching by facing forward or downward and tilting will change the character information on the screen without moving the ink that the character changes (this is done by pressing an input button as shown in FIG 4).
It would have been obvious to a person having ordinary skill in the art to have included moving a second object within the display without moving the first object as taught by Wii U into the system of Marks for games where the player and/or the information wants to move according to the movement of the physical device in the game without moving the first objects until necessary.
Regarding claim 2, Marks in view of Wii U teaches the claimed subject matter as stated above and Marks further discloses wherein responsive to the detected change to the direction in which the controller is present with respect to the display, a correspondence between the user input to the controller and an aspect of an operation applicable to the first object is changed (“if the game is a shooting gallery game, it would be important for the relative positioning of the head 120 and the hand 122 to be computed for each frame so that the person 112 will have accurate aiming and triggering capabilities when attempting to secure a good performing score in the video game contest” (recited in at least: Marks paragraph [0060])).
Regarding claim 3, Marks in view of Wii U teaches the claimed subject matter as stated above and Marks further discloses the controller comprises a direction input portion, and the correspondence that is changed is a correspondence between a direction inputted to the direction input portion and a direction of movement of the first object on the display (“the user may be prompted to calibrate the pointing algorithm by having the user point the object 124 at a specific location on the display screen 110. Once the calibration has been completed, the computer 102 will be able to calculate the azimuth angle and the altitude angle (theta and phi) which define the relative positions of the person's head 120 and the person's hand 122, for each successive frame being captured by the image capture device 105” (recited in at least: Marks paragraph [0060])).
Regarding claim 4, Marks in view of Wii U teaches the claimed subject matter as stated above and Marks further discloses wherein the controller comprises a sensor configured to detect motion of the controller, and the correspondence that is changed is the correspondence between a direction of the detected motion and a direction of movement of the first object on the display (“This will produce two angle parameters (theta .theta. and phi .PHI.). The azimuth angle. theta. will define the horizontal positioning between the head 120 and the object 124 along an X axis. The phi angle .PHI. will produce the altitude angle which is the relative angle between the height of the head 120 and the height of the hand 122. In one embodiment, an initial calibration operation may be performed before a gaming operation begins to calibrate the object's pointing location on the display screen 110. For instance, the user may be prompted to calibrate the pointing algorithm by having the user point the object 124 at a specific location on the display screen 110” (recited in at least: Marks paragraph [0060])).
Regarding claim 5, Marks in view of Wii U teaches the claimed subject matter as stated above and Marks further discloses wherein the display is rectangular, the correspondence is maintained so long as the controller is determined to be present in an area corresponding to one side of the display, and the correspondence is changed when the controller is determined to be present in another area corresponding to another side of the display (“As illustrated in FIG. 2, the relative position of the object 124 and the head 120 will be calculated relative to the image capture device 105” (recited in at least: Marks paragraph [0060])).
Regarding claim 6, Marks in view of Wii U teach the claimed subject matter as stated above and Wii U further teaches wherein the correspondence is changed after the changing of the display position and/or the orientation of the second object (as shown in FIGs 5-6 of the attached YouTube Screenshots as the device is moved the second object’s position and orientation is moved).
Regarding claim 7, Marks in view of Wii U teaches the claimed subject matter as stated above and Wii U further teaches wherein a display position of the second object is selected from among a plurality of predefined display positions for the second object in accordance with the direction after the detected change (as shown in FIGs 4-6 of the attached YouTube Screenshots as the player is moving positions and moving the controller there are predefined areas that the player selected to move to).
Regarding claim 8, Marks in view of Wii U teaches the claimed subject matter as stated above and Wii U further teaches wherein each of a plurality of second objects is associated with a respective user using the system, each display position for each second objects being selected from the plurality of predefined display positions in accordance with a direction of a controller of the associated user (as shown in FIGs 7-8 of the attached YouTube Screenshots the players are loaded into the game and then each of the characters will be positioned to a predefined location associated with the user and then moved as they continue to play the round).
Regarding claim 9, Marks in view of Wii U teaches the claimed subject matter as stated above and Wii U further teaches wherein when the selected display position of the second object is different from a current display position of the second object, the display position of the second object is changed from the current display position to the selected display position after a condition is satisfied (as shown in FIGs 8-10 of the attached YouTube Screenshots they will be moved throughout the predefined area as the player moves the controller and changes the positions of the objects within the display area).
Regarding claim 10, Marks in view of Wii U teaches the claimed subject matter as stated above and Wii U further teaches wherein the condition is satisfied when a predetermined time period elapses (as shown in FIGs 8-11 of the attached YouTube Screenshots as a timer in the corner of the display).
Regarding claim 11, Marks in view of Wii U teaches the claimed subject matter as stated above and Wii U further teaches wherein when second objects are shown for three or more users, display positions of the second objects are rearrangeable from current positions to newly selected positions in accordance with the obtained directions such that second objects adjacent to one in their current positions will not necessarily be adjacent to one another in their newly selected positions (as shown in FIGs 8-11 of the attached YouTube Screenshots second objects are shown for at least 4 characters on both sides where their movements are shown in the display as they move around and will be updated dependent on their newly selected positions as they play the round).
Regarding claim 12, Marks in view of Wii U teaches the claimed subject matter as stated above and Wii U further teaches wherein the first object does not change orientation based on the detected change to the direction in which the controller is present with respect to the display (As shown in FIGs 1-3 the second object is moved by moving the device around however the moving the first object in the game with the controls does not change orientation of the game).
Regarding claim 13, Marks discloses a processing method (recited in at least: Marks [Abstract]) comprising: similar steps in scope to independent claim 1.
Regarding claim 14, and similarly claim 18, Marks in view of Wii U teach the claimed subject matter as stated above and Marks further discloses changing a correspondence between the user input to the controller and an aspect of an operation applicable to the first object, responsive to the detected change to the direction in which the controller is present with respect to the display, wherein the controller comprises a direction input portion, and wherein the correspondence that is changed is a correspondence between a direction inputted to the direction input portion and a direction of movement of the first object on the display (“if the game is a shooting gallery game, it would be important for the relative positioning of the head 120 and the hand 122 to be computed for each frame so that the person 112 will have accurate aiming and triggering capabilities when attempting to secure a good performing score in the video game contest” (recited in at least: Marks paragraph [0060])).
Regarding claim 15, and similarly claim 19, Marks in view of Wii U teaches the claimed subject matter as stated above and Marks further discloses hanging a correspondence between the user input to the controller and an aspect of an operation applicable to the first object, responsive to the detected change to the direction in which the controller is present with respect to the display, wherein the controller comprises a sensor configured to detect motion of the controller, and wherein the correspondence that is changed is the correspondence between a direction of the detected motion and a direction of movement of the first object on the display (“This will produce two angle parameters (theta .theta. and phi .PHI.). The azimuth angle. theta. will define the horizontal positioning between the head 120 and the object 124 along an X axis. The phi angle .PHI. will produce the altitude angle which is the relative angle between the height of the head 120 and the height of the hand 122. In one embodiment, an initial calibration operation may be performed before a gaming operation begins to calibrate the object's pointing location on the display screen 110. For instance, the user may be prompted to calibrate the pointing algorithm by having the user point the object 124 at a specific location on the display screen 110” (recited in at least: Marks paragraph [0060])).
Regarding claim 16, and similarly claim 20, Marks in view of Wii U teaches the claimed subject matter as stated above and Marks further discloses changing a correspondence between the user input to the controller and an aspect of an operation applicable to the first object, responsive to the detected change to the direction in which the controller is present with respect to the display, wherein the display is rectangular, the correspondence is maintained so long as the controller is determined to be present in an area corresponding to one side of the display, and wherein the correspondence is changed when the controller is determined to be present in another area corresponding to another side of the display (“the user may be prompted to calibrate the pointing algorithm by having the user point the object 124 at a specific location on the display screen 110. Once the calibration has been completed, the computer 102 will be able to calculate the azimuth angle and the altitude angle (theta and phi) which define the relative positions of the person's head 120 and the person's hand 122, for each successive frame being captured by the image capture device 105” (recited in at least: Marks paragraph [0060])) and “As illustrated in FIG. 2, the relative position of the object 124 and the head 120 will be calculated relative to the image capture device 105” (recited in at least: Marks paragraph [0060])).
Regarding claim 17, Marks discloses a non-transitory computer-readable storage medium having instructions stored thereon which, when executed, cause one or more processors (The invention can also be embodied as computer readable code on a computer readable medium. The computer readable medium may be any data storage device that can store data, which can thereafter be read by a computer system” (recited in at least: Marks paragraph [0143])) to perform operations comprising: similar steps in scope to independent claim 1.
Response to Arguments
35 U.S.C. § 103:
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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 SELWA A ALSOMAIRY whose telephone number is (703)756-5323. The examiner can normally be reached M-F 7:30AM to 5PM EST.
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/SELWA A ALSOMAIRY/Examiner, Art Unit 3715
/Jay Trent Liddle/Primary Examiner, Art Unit 3715
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