Prosecution Insights
Last updated: July 17, 2026
Application No. 18/866,270

VIRTUAL OBJECT DATA SELECTION APPARATUS

Non-Final OA §102§103
Filed
Nov 15, 2024
Priority
May 23, 2022 — JP 2022-083551 +1 more
Examiner
LAM, CHAK FUNG ANTHONY
Art Unit
2611
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-62.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
9 currently pending
Career history
6
Total Applications
across all art units

Statute-Specific Performance

§103
94.1%
+54.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§102 §103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hou (Patent No. JP 2022505002 A). Regarding claim 1, Hou teaches The virtual object data selection apparatus according to claim 1, (Hou, “[0109] In some embodiments, the functions or modules possessed by the apparatus provided in the embodiments of the present application are used to execute the methods described in the above method embodiments, and the specific implementations thereof may be referred to the description of the above method embodiments, which will not be elaborated herein for the sake of brevity.”) a selector configured to select at least one piece of virtual object data from plural pieces of virtual object data corresponding one-to-one to a plurality of virtual objects based on: first location information indicative of a location of a user in a real space; (Hou, “[0052] About 5101, In the embodiment of the present application, the position data of the AR device includes position data of the AR device in the real scene. The position data may be three dimensional coordinate data of the AR device in a predetermined reference coordinate system, and may also be longitude and latitude data corresponding to the AR device.”) first shape information indicative of a shape of a real object located in the real space; (Hou, “[0057] Here, the three dimensional scene model is a model for representing a real scene. The model may fully represent the appearance feature in the real scene. The scale with the real scene is 1: 1.”) plural pieces of second shape information, each indicative of a shape of a corresponding one of the plurality of virtual objects; and (Hou, “[0050] In an S103, an AR device displays an AR image including a display image. [0051] According to the above steps, the display data including the movement state of the virtual object can be determined, and the augmented reality data including the display data can be displayed by the AR device. Therefore, the AR device may display the movement state of the virtual object matched with the position of the AR device. For example, an augmented reality effect that the virtual object moves to the position of the AR device is displayed. In this way, the display of the virtual object is further blended into the real scene, and the flexibility of displaying the augmented reality data is improved.”) plural pieces of second location information, each indicative of a location in which a corresponding one of the plurality of virtual objects is arranged in the real space; and (Hou, “When it is detected that the AR device satisfies a predetermined display condition for triggering display of the virtual object, the movement path of the virtual object is regenerated based on the position data of the AR device. The movement path of the re-generated virtual object may include a plurality of cases, and one of the cases is shown in the diagram 2B. As can be seen from FIG. 2B, the re-generated movement path of the virtual object includes a predetermined initial position 21, a predetermined end position 22 of the virtual object, and a position 23 of the AR-device.”) a transmission controller configured to transmit the at least one piece of virtual object data selected by the selector to a display device, wherein: (Hou, “[0106] Based on the same concept, an embodiment of the present application further provides another apparatus for displaying AR data. Fig. 7 is a schematic diagram illustrating an architecture of another apparatus for displaying augmented reality data according to an embodiment of the present application. The apparatus comprises: a first obtaining module 71, a first determining module 72 and a second displaying module 73.”) the display device is configured to display a virtual object based on the at least one virtual object data to be superimposed on a viewing range of the user in the real space, (Hou, “[0083] Exemplarily, FIG. 3A is a schematic diagram showing an image in data displayed by an AR device. FIG. 3B is a schematic diagram of an image displayed by another AR-device. It can be seen from 3A and 3B that the virtual object 33 moves from the position point 31 to the position point 32, and the special effect of the virtual object 33 at the position point 31 is different from that at the position point 32. In addition, when the virtual object moves to the position point 32, voice sound data is set, and the AR device is caused to reproduce audio data of "A present from Mr. Santa will be delivered".”) the selector is configured to: estimate at least one visible object visually recognizable from the location of the user from among the plurality of virtual objects (Hou, “[0077] In the present embodiment, when there are a plurality of virtual objects, the virtual object corresponding to the AR device can be determined based on the attribute information of the user associated with the AR device. Here, one or more pieces of attribute information are selected from the attribute information of the user as the second attribute information of the AR device, and the virtual object is matched with the AR device according to the second attribute information. The second attribute information may be the same as or different from the first attribute information applied when determining whether the AR device satisfies the predetermined attribute condition.”) and select virtual object data corresponding to the at least one visible object as the at least one piece of virtual object data. (Hou, “[0083] Exemplarily, FIG. 3A is a schematic diagram showing an image in data displayed by an AR device. FIG. 3B is a schematic diagram of an image displayed by another AR-device. It can be seen from 3A and 3B that the virtual object 33 moves from the position point 31 to the position point 32, and the special effect of the virtual object 33 at the position point 31 is different from that at the position point 32. In addition, when the virtual object moves to the position point 32, voice sound data is set, and the AR device is caused to reproduce audio data of "A present from Mr. Santa will be delivered".”) Regarding claim 2, Hou teaches The virtual object data selection apparatus according to claim 1, wherein: the selector is configured to: estimate a location of the user after a certain time based on at least one of a direction of movement of the user and a speed of movement of the user; (Hou, “[0054] About S102, In the present embodiment, the initial display data including the movement state of the virtual object may be determined according to the movement position of the virtual object and the preset initial movement path of the virtual object. After the position data of the AR device is obtained, if it is detected that the AR device does not satisfy the preset display condition for triggering display of the virtual object, the initial movement path of the virtual object may not be changed, and further, the initial display data may not be changed. When it is detected that the AR device satisfies a preset display condition for triggering display of the virtual object, re-generating a movement path of the virtual object according to the movement position of the virtual object and the position data of the AR device; and The updated movement state of the virtual object is displayed in the current AR scene.”) estimate at least one predictable visible object visually recognizable from the estimated location of the user after the certain time from among the plurality of virtual objects (Hou, “[0054] About S102, In the present embodiment, the initial display data including the movement state of the virtual object may be determined according to the movement position of the virtual object and the preset initial movement path of the virtual object. After the position data of the AR device is obtained, if it is detected that the AR device does not satisfy the preset display condition for triggering display of the virtual object, the initial movement path of the virtual object may not be changed, and further, the initial display data may not be changed. When it is detected that the AR device satisfies a preset display condition for triggering display of the virtual object, re-generating a movement path of the virtual object according to the movement position of the virtual object and the position data of the AR device; and The updated movement state of the virtual object is displayed in the current AR scene.”) and select virtual object data corresponding to the at least one predictable visible object as the at least one piece of virtual object data. (Hou, “[0077] In the present embodiment, when there are a plurality of virtual objects, the virtual object corresponding to the AR device can be determined based on the attribute information of the user associated with the AR device. Here, one or more pieces of attribute information are selected from the attribute information of the user as the second attribute information of the AR device, and the virtual object is matched with the AR device according to the second attribute information. The second attribute information may be the same as or different from the first attribute information applied when determining whether the AR device satisfies the predetermined attribute condition.”) 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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hou (Patent No. JP 2022505002 A) in view of Ha (Patent No. US 20190113933 A1) Regarding claim 3, Hou teaches The virtual object data selection apparatus according to claim 1, further comprising a determiner configured to, when the selector selects plural pieces of virtual object data, determine order of transmission of the selected plural pieces of virtual object data (Hou, “[0106] Based on the same concept, an embodiment of the present application further provides another apparatus for displaying AR data. Fig. 7 is a schematic diagram illustrating an architecture of another apparatus for displaying augmented reality data according to an embodiment of the present application. The apparatus comprises: a first obtaining module 71, a first determining module 72 and a second displaying module 73. The first obtaining module 71 is configured to obtain position data of n first AR devices, where n is a positive integer; The first determining module 72 is configured to, when it is detected that m l AR devices of the n l AR devices meet a preset display condition for triggering display of a virtual object Determine, based on the movement position of the virtual object and the position information of the m l AR devices, display information respectively matching the m l AR devices, the display information comprising a movement state of the virtual object, wherein m is a positive integer less than or equal to n; The second display module 73 is configured to display, by the m l AR devices, the AR datasets respectively corresponding to the m l AR devices.”) wherein the determiner is configured to determine that the selected plural pieces of virtual object data for respective virtual objects are transmitted in ascending order (Hou, “[0088] In the S402, when it is detected that m l AR devices among n l AR devices meet a preset display condition for triggering display of a virtual object Based on the movement position of the virtual object and the position information of the m l AR devices, display information respectively matching the m l AR devices and including the movement state of the virtual object is determined, where m is a positive integer less than or equal to n.”) However, Hou is silent about of a distance between a location of each of the virtual objects arranged in the real space and the location of the user. Ha teaches of a distance between a location of each of the virtual objects arranged in the real space and the location of the user. (Ha, [0008] In some implementations, the operations further include: based on the at least one object including a plurality of objects that block all of the at least one pull-out path including a plurality of pull-out paths, determining movement distances for the plurality of objects that would allow the autonomous vehicle to perform the pull-out operation; and according to an ascending order of the movement distances for the plurality of objects that would allow the autonomous vehicle to perform the pull-out operation: determining whether communication can be established with an object among the plurality of objects; and based on a determination that communication can be established with the object, transmitting the first information to the object with which communication can be established.”) Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hou art by including of a distance between a location of each of the virtual objects arranged in the real space and the location of the user as taught by Ha and use that with Hou’s autonomous vehicle and method of controlling the same. The motivation for the combination is to improve transmission of virtual object data. Regarding claim 4, Hou teaches The virtual object data selection apparatus according to claim 1, further comprising a determiner configured to, when the selector selects plural pieces of virtual object data, determine order of transmission of the selected plural pieces of virtual object data, wherein: a priority is set to each of the plurality of virtual objects (Hou, “[0088] In the S402, when it is detected that m l AR devices among n l AR devices meet a preset display condition for triggering display of a virtual object Based on the movement position of the virtual object and the position information of the m l AR devices, display information respectively matching the m l AR devices and including the movement state of the virtual object is determined, where m is a positive integer less than or equal to n.”) However Hou is silent about and the determiner determines that the selected plural pieces of virtual object data for respective virtual objects are transmitted in descending order of the priority of each of the virtual objects. Ha teaches and the determiner determines that the selected plural pieces of virtual object data for respective virtual objects are transmitted in descending order of the priority of each of the virtual objects. (Ha, “[0009] In some implementations, the operations further include: based on the at least one object including a plurality of objects that block all of the at least one pull-out path including a plurality of pull-out paths, determining priority levels for the plurality of pull-out paths; and according to a descending order of the priority levels for the plurality of pull-out paths, and based on an association between the plurality of objects blocking the plurality of pull-out paths: determining whether communication can be established with an object among the plurality of objects; and based on a determination that communication can be established with the object, transmitting the first information to the object with which communication can be established.”) Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hou art by including and the determiner determines that the selected plural pieces of virtual object data for respective virtual objects are transmitted in descending order of the priority of each of the virtual objects as taught by Ha and use that with Hou’s autonomous vehicle and method of controlling the same. Regarding claim 5, Hou teaches The virtual object data selection apparatus according to claim 1, further comprising a determiner configured to, when the selector selects plural pieces of virtual object data, determine order of transmission of the selected plural pieces of virtual object data, where in: the plurality of pieces of virtual object data selected by the selector correspond to a plurality of visible objects estimated to be visible from the location of the user, and the determiner is configured to : estimate a proportion of each of the visible objects displayed on the display device in the viewing range; (Hou, “[0077] In the present embodiment, when there are a plurality of virtual objects, the virtual object corresponding to the AR device can be determined based on the attribute information of the user associated with the AR device. Here, one or more pieces of attribute information are selected from the attribute information of the user as the second attribute information of the AR device, and the virtual object is matched with the AR device according to the second attribute information. The second attribute information may be the same as or different from the first attribute information applied when determining whether the AR device satisfies the predetermined attribute condition.”) However, Hou is silent about And determine that the selected plural pieces of virtual object data are transmitted in descending order of the proportion of each of the plurality of visible objects in the viewing range. Ha teaches And determine that the selected plural pieces of virtual object data are transmitted in descending order of the proportion of each of the plurality of visible objects in the viewing range. (Ha, “[0009] In some implementations, the operations further include: based on the at least one object including a plurality of objects that block all of the at least one pull-out path including a plurality of pull-out paths, determining priority levels for the plurality of pull-out paths; and according to a descending order of the priority levels for the plurality of pull-out paths, and based on an association between the plurality of objects blocking the plurality of pull-out paths: determining whether communication can be established with an object among the plurality of objects; and based on a determination that communication can be established with the object, transmitting the first information to the object with which communication can be established.”) Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hou art by including And determine that the selected plural pieces of virtual object data are transmitted in descending order of the proportion of each of the plurality of visible objects in the viewing range as taught by Ha and use that with Hou’s autonomous vehicle and method of controlling the same. Regarding claim 6, Hou teaches The virtual object data selection apparatus according to claim 1, further comprising a determiner configured to, when the selector selects plural pieces of virtual object data, determine order of transmission of the selected plural pieces of virtual object data, (Hou, “[0106] Based on the same concept, an embodiment of the present application further provides an other apparatus for displaying AR data. Fig. 7 is a schematic diagram illustrating an architecture of another apparatus for displaying augmented reality data according to an embodiment of the present application. The apparatus comprises: a first obtaining module 71, a first determining module 72 and a second displaying module 73. The first obtaining module 71 is configured to obtain position data of n first AR devices, where n is a positive integer; The first determining module 72 is configured to, when it is detected that m l AR devices of the n l AR devices meet a preset display condition for triggering display of a virtual object Determine, based on the movement position of the virtual object and the position information of the m l AR devices, display information respectively matching the m l AR devices, the display information comprising a movement state of the virtual object, wherein m is a positive integer less than or equal to n; The second display module 73 is configured to display, by the m l AR devices, the AR datasets respectively corresponding to the m l AR devices.”) However, Hou is silent about wherein the determiner is configured to determine that the selected plural pieces of virtual object data for respective virtual objects are transmitted in descending order of amount of each of the virtual object data. Ha teaches wherein the determiner is configured to determine that the selected plural pieces of virtual object data for respective virtual objects are transmitted in descending order of amount of each of the virtual object data. (Ha, “[0009] In some implementations, the operations further include: based on the at least one object including a plurality of objects that block all of the at least one pull-out path including a plurality of pull-out paths, determining priority levels for the plurality of pull-out paths; and according to a descending order of the priority levels for the plurality of pull-out paths, and based on an association between the plurality of objects blocking the plurality of pull-out paths: determining whether communication can be established with an object among the plurality of objects; and based on a determination that communication can be established with the object, transmitting the first information to the object with which communication can be established.”) Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hou art by including wherein the determiner is configured to determine that the selected plural pieces of virtual object data for respective virtual objects are transmitted in descending order of amount of each of the virtual object data as taught by Ha and use that with Hou’s autonomous vehicle and method of controlling the same. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAK FUNG A LAM whose telephone number is (571)272-9823. The examiner can normally be reached Monday-Friday 8am-5pm. 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, Said Broome can be reached at 5712722931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.A.L./Examiner, Art Unit 2612 /Said Broome/Supervisory Patent Examiner, Art Unit 2612
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Prosecution Timeline

Nov 15, 2024
Application Filed
May 28, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
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