DETAILED ACTION
Claims 1-17 are pending in the present application.
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
Claim 1 is objected to because of the following informalities: Could you fix last line about “; and”. Appropriate correction is required.
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 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. PGPubs 2018/0349108 to Brebner .
Regrading claim 1, Brebner teaches a method for rendering a display of digital items in a 3D environment comprising (par 0007-0008, par 0020):
generating a universal rendering package, including a base visual profile comprising one or more of a 3D visual representation, a 2D visual representation, a document, and a portal (par 0010, “The visual editor allows multiple groups to simultaneously lay out and structure information that is packaged into a container for publication “, par 0020, “a system for creating, sharing and managing digital content may include a visual editing environment that enables a developer to create and edit code controlling a digital content asset in a declarative language, wherein the developer specifies in a 2D editing environment at least one of a color and a texture for each layer of a plurality of layers for an object of digital content asset, a texture map processing engine for processing and compressing the color or texture information for the plurality of layers into a texture map data structure and a 2D-to-3D code generator that applies at least one of a vertex operation and a pixel shading operation to the texture map data structure at runtime to project the object in 3D at runtime for the digital content asset “, par 0101-0102, “As depicted in FIG. 1C, an example server kit 186 may form a combination of core capabilities, as well as some underlying features within its modules that make the overall capability possible. The configuration of the server kit 186 may be data driven. It may only be when a user determines a need for more capability that the user may use either JavaScript or may specify a REST hook to override the provided systems for a workflow rule or a data transformation. In embodiments, the server kit 186 may include a data transformation capability 188. The data transformation capability 188 may include REST data ingestion capability 190. The REST data ingestion capability 190 may use XLST for XML and JSONT for incoming JSON data, to transform the data for storage and future use or custom transformation specified as JS nodes”, Fig 4, par 0201-0202, “A project built by the content and application creator 109 may use the capabilities of editor 108, the publisher 138, the language 140, and the engine 102 to create one or more items of content and applications 178. The project may access various creative assets 402, such as content of an enterprise, such as documents, websites, images, audio, video, characters, logos, maps, photographs, animated elements, marks, brands, music, and the like”);
said base visual profile defining a digital asset (par 0020, “the editor and the engine enable creation, delivery and editing of the digital content asset during runtime, such that a plurality of end users using different devices can simultaneously experience the same behavior of the digital content asset during its creation and editing”, par 0102, “The data export capability may include, for example, structured templating, free-flow text templating (in HTML for example), and visual templating (e.g., for PDF, PNG and JPG), and may be provided to render out assets from data. Fully custom rules may be provided with JS nodes”, Fig 4, par 0201-0202, “FIG. 4 depicts a basic architecture of a project built by a content and application creator 109 of the application system 100. A project built by the content and application creator 109 may use the capabilities of editor 108, the publisher 138, the language 140, and the engine 102 to create one or more items of content and applications 178”);
transmitting the universal rendering package to a rendering engine (par 0065, “FIG. 1A depicts embodiments of an application system 100 (also referred to as a “content and development management platform” or “platform 100” in the incorporated materials) according to exemplary and non-limiting embodiments. In embodiments, the application system 100 may include an engine 102 and an editor and runtime infrastructure 104 that includes various associated components, services, systems, and the like for creating and publishing content and applications 178. These may include a content and application creator 109 (referred to in some cases herein for simplicity of reference as the app creator 109)”, Fig 4, par 0201, “FIG. 4 depicts a basic architecture of a project built by a content and application creator 109 of the application system 100. A project built by the content and application creator 109 may use the capabilities of editor 108, the publisher 138, the language 140, and the engine 102 to create one or more items of content and applications 178”);
generating the 3D environment with the universal rendering environment including the base visual profile ; and (par 0148, “the application system 100 may be configured to render virtual 3D spaces where a user may navigate the virtual space. This does not necessarily imply that the application system 100 may render big villages to navigate. In embodiments, 2D planes may still be viewed as the favored interaction model with a 2D screen, and even in a 3D virtual world “, par 0201-0202, “The application system 100 may be configured to load, play, and render a wide range of creative assets 402. Most common formats of creative content (e.g., images, audio, and video content) may be supported by the application system 100”).
Regrading claim 6, Brebner teaches all the limitation of claim 1, and further teaches further comprising a non-transitory machine-readable storage medium storing one or more sequences of instructions for rendering a 3D environment, in which can be executed by one or more processors (par 0563, “The processor may access a non-transitory storage medium through an interface that may store methods, codes, and instructions as described herein and elsewhere. The storage medium associated with the processor for storing methods, programs, codes, program instructions or other type of instructions capable of being executed by the computing or processing device may include but may not be limited to one or more of a CD-ROM, DVD, memory, hard disk, flash drive, RAM, ROM, cache and the like”, par 0201-0202, “The application system 100 may be configured to load, play, and render a wide range of creative assets 402. Most common formats of creative content (e.g., images, audio, and video content) may be supported by the application system 100. The application system 100 may also include support for various fonts, 3D content, animation and Unicode text, etc.”), and thereby generating at least one said base visual profile (par 0201-0202, “FIG. 4 depicts a basic architecture of a project built by a content and application creator 109 of the application system 100. A project built by the content and application creator 109 may use the capabilities of editor 108, the publisher 138, the language 140, and the engine 102 to create one or more items of content and applications 178”).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPubs 2018/0349108 to Brebner in view of U.S. PGPubs 2025/0307912 to Cruz, Jr..
Regrading claim 2, Brebner teaches all the limitation of claim 1, and further teaches in which said digital asset is a token (par 0107, “a server kit 186 may issue and revoke tokens for applications 150 and see analytics 196 on application usage and transaction logs”), but does not explicitly teach in which said digital asset is a non-fungible token.
In related endeavor, Cruz, Jr. teaches in which said digital asset is a non-fungible token (par 0004, “creating a primary non-fungible token (NFT), the primary NFT representing digital assets associated with a physical building, creating a plurality of level NFTs from the digital assets associated with the physical building”).
It would have been obvious to a person of ordinary skill in the art at the time before the effective filing data of the claimed invention to modified Brebner to include in which said digital asset is a non-fungible token as taught by Cruz, Jr. to creating a primary non-fungible token (NFT) representing digital asset to allow owners to use digital assets to aggregate the digital assets and/or to transfer the digital assets to a new owner.
Claim(s) 3, 5, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPubs 2018/0349108 to Brebner in view of U.S. PGPubs 2022/0404949 to Berquam et al..
Regrading claim 3, Brebner teaches all the limitation of claim 1, but keeps silent for teaching including the steps of generating an avatar and editing the orientation of the avatar and base visual profile to model in the 3D environment such that the base visual profile is presented for viewing by said avatar.
In reacted endeavor, Berguam et al. teach including the steps of generating an avatar and editing the orientation of the avatar and base visual profile to model in the 3D environment such that the base visual profile is presented for viewing by said avatar (Fig 10, par 0178, “FIG. 10 illustrates a user utilizing a user-controlled avatar to provide a virtual presence within an interactive, partitioned environment. In the illustrated example, avatars interact with elements (e.g., data cubes that may include content, commands, actions, applications, etc.) in the environment, thus enabling the users controlling the avatars to remotely interact with elements in the environment. Such use of avatars enables users to participate in location based games, to create, discover, share, place, and/or move content or data cubes within the interactive environment”).
It would have been obvious to a person of ordinary skill in the art at the time before the effective filing data of the claimed invention to modified Brebner to include including the steps of generating an avatar and editing the orientation of the avatar and base visual profile to model in the 3D environment such that the base visual profile is presented for viewing by said avatar as taught by Berguam et al. to enable the content associated with the first location to be rendered by a device or to be executed in response to determining that the first entity is viewing or in proximity with the first location in the first physical environment.
Regrading claim 5, Brebner as modified by Berguam et al. teaches all the limitation of claim 3, and Berguam et al. further teach wherein the base visual profile defines two or more digital assets, including the step of rendering each asset, and creating a modified visual profile comprised of multiple digital assets in a defined virtual spatial orientation to each other digital asset (Fig 10, par 0178, “FIG. 10 illustrates a user utilizing a user-controlled avatar to provide a virtual presence within an interactive, partitioned environment. In the illustrated example, avatars interact with elements (e.g., data cubes that may include content, commands, actions, applications, etc.) in the environment, thus enabling the users controlling the avatars to remotely interact with elements in the environment. Such use of avatars enables users to participate in location based games, to create, discover, share, place, and/or move content or data cubes within the interactive environment. A user may be enabled to control multiple avatars in a game or other interactive experience. An avatar may be configured to appear on the user device (e.g., AR or VR headset) as a life size figure. A user may be enabled to control avatars, move data cubes, interact with content via a hand gestures (which may be in the form of finger or whole hand gestures), touch screen, mouse, touch pad, pen, voice input device, game controller, keyboard, eye tracking mechanism, and/or otherwise”).
Regrading claim 14, Brebner teaches a computer system configured to render a customizable 3D environment comprising: a server comprising one or more processors; a remote processing device comprising one or more processors; and each of the server and the remote processing device comprising one or more computer-readable storage mediums storing one or more sequences of instructions, which when executed (Fig 1B, par 0096, par 0547, par 0563). The remaining limitations of the claim are similar in scope to claim 1 and rejected under the same rationale except an avatar to be generated and oriented such that the base visual profile is presented for viewing by said avatar.
In reacted endeavor, Berguam et al. teach an avatar to be generated and oriented such that the base visual profile is presented for viewing by said avatar (Fig 10, par 0178, “FIG. 10 illustrates a user utilizing a user-controlled avatar to provide a virtual presence within an interactive, partitioned environment. In the illustrated example, avatars interact with elements (e.g., data cubes that may include content, commands, actions, applications, etc.) in the environment, thus enabling the users controlling the avatars to remotely interact with elements in the environment. Such use of avatars enables users to participate in location based games, to create, discover, share, place, and/or move content or data cubes within the interactive environment”).
It would have been obvious to a person of ordinary skill in the art at the time before the effective filing data of the claimed invention to modified Brebner to include including an avatar to be generated and oriented such that the base visual profile is presented for viewing by said avatar as taught by Berguam et al. to enable the content associated with the first location to be rendered by a device or to be executed in response to determining that the first entity is viewing or in proximity with the first location in the first physical environment.
.
Regrading claim 15, Brebner as modified by Berguam et al. teaches all the limitation of claim 14, the claim 15 is similar in scope to claim 5 and is rejected under the same rational.
Claim(s) 4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPubs 2018/0349108 to Brebner in view of U.S. PGPubs 2022/0404949 to Berquam et al., further in view of U.S. PGPubs 2021/0011607 to Ziman.
Regrading claim 4, Brebner as modified by Berguam et al. teaches all the limitation of claim 3, but keeps silent for teaching including the step of rendering a frame comprising the base visual profile, and editing the base visual profile from the viewpoint of said avatar to create a modified visual profile.
In reacted endeavor, Ziman teaches including the step of rendering a frame comprising the base visual profile, and editing the base visual profile from the viewpoint of said avatar to create a modified visual profile (par 0130-0139, “For each of the avatars (e.g., 121, 123, . . . , 125), such as the avatar (121), the memory (103) of the server (101) stores data identifying the location (107) of the avatar (121) in the virtual world (120) relative to the virtual objects (e.g., 141, 143), and orientation (109) of the avatar (121) in the virtual world (120) relative to the virtual objects (e.g., 141, 143). …. a user views the scene as a video on a display of the user's device. The scene is displayed in a manner that incorporates the change of the look and feel of the virtual display device (143) …. when a new image frame from the media content is played back by the virtual media player (113), the image content of the frame is extracted by the virtual media player (113) from the media content (115) and overlaid on the virtual display device (143) to update the 3D model (111) of the virtual world (120); and the updated scene of the updated virtual world (120) as seen by the avatar (121) is computed and transmitted to the user device (131) for display”).
It would have been obvious to a person of ordinary skill in the art at the time before the effective filing data of the claimed invention to modified Brebner as modified by Berguam et al. to include including the step of rendering a frame comprising the base visual profile, and editing the base visual profile from the viewpoint of said avatar to create a modified visual profile as taught by Ziman to generate a scene of the virtual world as seen by the avatar, the scene based on the collected image data, the location of the avatar, and the point of gaze of the avatar to allow the user a complete different virtual life in a virtual community.
Regrading claim 7, Brebner as modified by Berguam et al. and Ziman teaches all the limitation of claim 4, and Berquam et al. further teach wherein the editing includes the ability to drag and drop a first visual representation, thereby replacing a second visual representation, said second visual representation being included in the modified visual profile (par 0078-0079, “The user may then point at or touch a data cube and drag it (and its associated programs, content, triggers, etc.) from one location in the 3D mesh (corresponding to a first physical space) to and drop it on another location in the 3D mesh (corresponding to a second physical space). For example, if a data cube is dragged to a different location (e.g., the location of another data cube), the dragged data cube may replace the previous data cube. Optionally, the dragged data cube may be automatically replaced with an “empty” data cube that does not have any programs, actions, commands, and/or content associated with it”, par 0203, “FIG. 11D illustrates an example designer user interface. A user may select content from a content bin (a gallery of content) and drag and drop the content to a corresponding location on a video playback area via which a video or still image of a physical environment (or a model thereof) may be played back or rendered to thereby associate the content with the physical area”).
Claim(s) 8-9, 13, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPubs 2018/0349108 to Brebner in view of U.S. PGPubs 2022/0404949 to Berquam et al., further in view of U.S. PGPubs 2020/0242827 to Nakashima.
Regrading claim 8, Brebner as modified by Berguam et al. teaches all the limitation of claim 5, but keeps silent for teaching in which the defined virtual spatial orientation is selected from one or more templates to create a modified visual profile.
In reacted endeavor, Nakashima teaches in which the defined virtual spatial orientation is selected from one or more templates to create a modified visual profile (Figs 24A-24B and 25A-25B, par 0382-0383, “The UI panel 2450 is a type of UI objects and is used by the user 5A for causing the processor 210A to perform processing for selecting a venue. The UI panel 2450 includes options 2451 and 2452 arranged on the front surface of the UI panel 2450. The options 2451 and 2452 contain information for describing the name of a venue selected when any of these options is selected by the user 5A. The option 2451 is an item for selecting a first venue, and the option 2452 is an item for selecting a second venue different from the first venue. “, par 0386, “The processor 210A causes the monitor 130A to display the field-of-view image 2417A corresponding to the first virtual space 2411A in FIG. 24A, as in FIG. 24B, for example. This enables the user 5A to recognize that the option 2451 or the option 2452 on the UI panel 2450 is available to be selected, by visually checking the field-of-view image 2417A”).
It would have been obvious to a person of ordinary skill in the art at the time before the effective filing data of the claimed invention to modified Brebner as modified by Berguam et al. to include in which the defined virtual spatial orientation is selected from one or more templates to create a modified visual profile as taught by Nakashima to execute the instructions for causing the first avatar to enter the first region based on received first input to provide a first user with a virtual experience.
Regrading claim 9, Brebner as modified by Berguam et al. and Nakashima teaches all the limitation of claim 8, and Nakashima further teach in which at least one said template comprises one or more visual cues representing physical structures (par 0350, “In the virtual space 11A, the avatar object 6B (second avatar) is arranged on the stage object 1532. The stage object 1532 has an appearance that resembles a stage in a real live venue”, par 0389, “the processor 210A receives selection of the first venue corresponding to the selected option 2451. The first venue is a virtual venue corresponding to a second virtual space 2711A that is an environment where the user 5A views a live performance”).
Regrading claim 13, Brebner as modified by Berguam et al. and Nakashima teaches all the limitation of claim 8, and Berguam et al. further teach including the step of transforming at least one digital asset such that the apparent size of the asset corresponds to the apparent size of at least one said visual cues (par 0178, “avatars interact with elements (e.g., data cubes that may include content, commands, actions, applications, etc.) in the environment, thus enabling the users controlling the avatars to remotely interact with elements in the environment. Such use of avatars enables users to participate in location based games, to create, discover, share, place, and/or move content or data cubes within the interactive environment. A user may be enabled to control multiple avatars in a game or other interactive experience. An avatar may be configured to appear on the user device (e.g., AR or VR headset) as a life size figure”).
Regrading claims 16-17, Brebner as modified by Berguam et al. teaches all the limitation of claim 15, the claims 16-17 are similar in scope to claims 8-9 and is rejected under the same rational.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPubs 2018/0349108 to Brebner in view of U.S. PGPubs 2022/0404949 to Berquam et al., further in view of U.S. PGPubs 2020/0242827 to Nakashima, further in view of U.S. PGPubs 2023/0238098 to Langan et al..
Regrading claim 10, Brebner as modified by Berguam et al. and Nakashima teaches all the limitation of claim 9, but keep silent for teaching in which said visual cues represent shelving.
In related endeavor, Langan et al. teach in which said visual cues represent shelving (par 0016, par 0035, “Another example use case is medication drop-off to specific locations, such as bin arrays, medication shelves, and dispensing machines. The user action, or medication drop-off, may be determined based on the detected location (e.g. near a dispensing machine or medication shelf) or authenticated user (e.g. a pharmacist)”).
It would have been obvious to a person of ordinary skill in the art at the time before the effective filing data of the claimed invention to modified Brebner as modified by Berguam et al. and Nakashima to include in which said visual cues represent shelving as taught by Langan et al. to present, via a display interface of the augmented reality device, a visual indicator of product in shelving to assist with the user action.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPubs 2018/0349108 to Brebner in view of U.S. PGPubs 2022/0404949 to Berquam et al., further in view of U.S. PGPubs 2020/0242827 to Nakashima, further in view of U.S. PGPubs 2017/0308258 to Xu et al..
Regrading claim 11, Brebner as modified by Berguam et al. and Nakashima teaches all the limitation of claim 9, but keep silent for teaching in which said visual cues represent a magazine stand.
In related endeavor, Xu et al. teach in which said visual cues represent a magazine stand (Fig 8b, par 0248, disclose a subscription information about lift, sport, car, and tech).
It would have been obvious to a person of ordinary skill in the art at the time before the effective filing data of the claimed invention to modified Brebner as modified by Berguam et al. and Nakashima to include in which said visual cues represent shelving as taught by Xu et al. to accurately track gaze direction to modify the display content to provide comfortably view in a limited size screen display of a mobile device.
It would have been obvious to a person of ordinary skill in the art at the time before the effective filing data of the claimed invention to modified Brebner as modified by Berguam et al. and Nakashima to include in which said visual cues represent a magazine stand as taught by Xu et al. to present, via a display interface of the augmented reality device, a visual indicator about magazine to assist with the user action.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPubs 2018/0349108 to Brebner in view of U.S. PGPubs 2022/0404949 to Berquam et al., further in view of U.S. PGPubs 2020/0242827 to Nakashima, further in view of U.S. PGPubs 2025/0157165 to Matsumori et al..
Regrading claim 12, Brebner as modified by Berguam et al. and Nakashima teaches all the limitation of claim 9, but keep silent for teaching in which said visual cues represent a museum.
In related endeavor, Matsumori et al. teach in which said visual cues represent a museum (Fig 2, par 0078-0079, “the determination processing unit 23 changes the type of the virtual object VOB according to the gender of the user. For example, “art” is selected as the type of the virtual object VOB for an adult user”).
It would have been obvious to a person of ordinary skill in the art at the time before the effective filing data of the claimed invention to modified Brebner as modified by Berguam et al. and Nakashima to include in which said visual cues represent a museum as taught by Matsumori et al. to present, via a display interface of the augmented reality device, a visual indicator about art information in museum to assist with the user action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jin Ge whose telephone number is (571)272-5556. The examiner can normally be reached 8:00 to 5:00.
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JIN . GE
Examiner
Art Unit 2619
/JIN GE/Primary Examiner, Art Unit 2619
Prosecution Insights