DETAILED ACTION
Information Disclosure Statement
Applicant’s submission of an Information Disclosure Statement on 9/23/2024 has been received and considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites that actions identified from non-users modify aspects of behavior of a game character that is not controlled by the user. Since the non-user’s actions control aspects of character behavior, then the “non-user” appears to be a user. Paragraph 30 of the current disclosure defines a “non-user” as “a person who is not using or interacting with the virtual environment, and who is not controlling any characters in the virtual environment.” Clarification is required. Claims 2-13 depend from 1. Claims 14 and 15 include language similar to claim 1.
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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2022/0100261 to Silverstein.
With regard to claim 1, Silverstein discloses a method for augmenting a virtual environment (e.g., see at least paragraph 12 that discloses rendering a VR space), the method comprising: identifying one or more actions of one or more non-users in a real environment of a user who is interacting with a virtual environment, in dependence on data relating to the non-users captured using one or more sensors (e.g., see at least paragraph 12 that discloses that sensors, e.g., external cameras, can capture nearby adjacent individuals and render them into the VR space); characterizing the one or more identified actions of the non-users relative to one or more corresponding reference actions (e.g., see at least paragraph 14 that states the spectators actions impact a character actions); and modifying an aspect of behavior of one or more characters in the virtual environment that are not controlled by the user, in dependence on the characterization of the one or more identified actions of the non-users (e.g., see at least paragraph 14 that states the spectators actions impact a character actions);
[claim 2] wherein the identifying step comprises identifying a reaction of a non-user to an event in the virtual and/or real environment (e.g., see paragraphs 12 and 14 for connecting real-life actions to a virtual action);
[claim 3] wherein the identifying step comprises identifying a first action of a non-user that is performed at least partially simultaneously with a second action of the non-user (e.g., see at least paragraph 15, different actions include “expressions” and “movements”, which could be performed simulatneously);
[claim 4] wherein the identifying step comprises identifying an action of a non-user that is repeated a plurality of times by the non-user (e.g., see at least paragraphs 24 and 25 that discuss various types of user actions, including some that naturally repeat, e.g., clapping);
[claim 5] wherein the one or more actions comprise one or more selected from the list consisting of:
vocalization of the one or more non-users (e.g., see at least paragraph 25, “utterances”)
gestures of the one or more non-users (e.g., see at least paragraph 24, “hand gestures”)
facial expressions of the one or more non-users (e.g., see at least paragraph 24, “facial expressions”)
postures of the one or more non-users (e.g., see at least paragraph 24, “static poses”)
words from the one or more non-users (e.g., see at least paragraph 24, “spoken words”);
[claim 6] wherein the one or more sensors comprise one or more image sensors and/or one or more audio sensors (e.g., see at least paragraph 18 for discussion of camera and microphone sensors);
[claim 7] wherein the identified actions comprise a plurality of identified actions; and wherein the characterizing step comprises determining an aggregate characterization of the identified actions relative to the corresponding reference actions (e.g., see at least paragraphs 24 and 25 that discussion analyzing various types of actions);
[claim 8] wherein the modifying step comprises selecting one of a plurality of behavior models for the one or more characters in dependence on the characterization of the one or more identified actions (e.g., see at least paragraph 21-23 for discussion of implementing actions into behavior models “based on the context of the VR experience”);
[claim 9] wherein the modifying step is performed further in dependence on an application associated with the virtual environment and/or current displayed content (e.g., see at least paragraph 21-23 for discussion of implementing actions into behavior models “based on the context of the VR experience”);
[claim 10] further comprising selecting the one or more characters in dependence on one or more selected from the list consisting of: one or more properties of the characters, a gaze direction of the user, or a user input (e.g., see at least paragraph 23 that discusses user selection of characters);
[claim 11] wherein selecting the one or more characters comprises selecting one or more characters that are within a predetermined distance of the user’s character in the virtual environment (e.g., see at least paragraph 23 that discusses analyzing objects near user 112 in the VR space);
[claim 12] wherein the identifying step further comprises identifying one or more actions of one or more non-users in real environments of one or more further users interacting with the virtual environment, in dependence on data relating to the respective non-users captured using one or more respective sensors; wherein the one or more further users are selected in dependence on one or more properties of the user (e.g., see at least paragraph 17 that shows two persons 114A and 114B; see also paragraphs 18 for discussion of sensors 104 and 110);
[claim 13] further comprising generating content for display in dependence on the modifying step, wherein generating content for display comprises generating animation and/or audio corresponding to the modified aspect of behavior of one or more characters (e.g., see at least paragraph 23 that discusses displaying an animation of a bat).
With regards to claims 14 and 15, Silverstein anticipates all of the recited features based on the same analysis set forth above for claim 1, which is similar in claim scope.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2022/0058382 to LiVoti discusses monitoring an audience with voice recognition and facial recognition (e.g., see at least Figs. 1 and 2)
U.S. Patent No. 10,668,382 to Khan discusses augmenting virtual reality games with friend avatars (e.g., see at least Fig. 1)
U.S. Patent Application Publication No. 2018/0093185 to Black discusses delivering spectator feedback content to virtual reality (e.g., see at least Fig. 1)
U.S. Patent Application Publication No. 2010/0048300 to Capio discusses audience-condition based media selection (e.g., see at least Fig. 1A)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES S MCCLELLAN whose telephone number is (571)272-7167. The examiner can normally be reached Monday-Friday (8:30AM-5:00PM).
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/James S. McClellan/Primary Examiner, Art Unit 3715
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