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 .
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,138,547. Although the claims at issue are not identical, they are not patentably distinct from each other because both the patent and application are directed to the same method with only minor differences. The instant application omits limitations that were found allowable in the parent application regarding the target area being allocated by a game system from a public scene in the game without the first virtual operation object creating its own separate scene. As such, independent claims 1, 11, and 20, while not identical, are directed to the same invention as claims 1, 11, and 20 of the patent but broader in scope, thus the patent would wholly anticipate the claimed invention were it considered prior art. Claims 2-10 and 12-19 are similarly found in the patent and are not patentably distinguishable.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-4, 6-14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Monster Hunter World: Iceborne (with reliance on https://holdtoreset.com/how-to-decorate-your-room-in-monster-hunter-world-iceborne/, https://www.monsterhunter.com/update/mhw-steam/us/ver11_50.html, https://game.capcom.com/manual/MHW_PC/en/steam/page/2/4, https://game.capcom.com/manual/MHW_PC/en/steam/page/13/1, and https://game.capcom.com/manual/MHW_PC/en/steam/page/16/2 disclosing aspects of the same game proving an enabled disclosure, see MPEP § 2131.01 regarding multiple reference 102 rejections), hereinafter MHW.
Re claim 1, MHW discloses a display method comprising: displaying a virtual scene in which a first virtual operation object is located (
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illustrating the player character in the middle of the screen as a virtual operation object); when the first virtual operation object moves from an exterior of a first area to an interior of the first area, loading, in the virtual scene, virtual model objects currently present in a target area, the target area being located in the interior of the first area, and the target area being configured to allow multiple virtual operation objects to edit virtual model objects in the target area (“Your room is your own personal space where you can access your item box, retrieve add-on content, or even just take a break from the rigors of the hunt. While you're there, why not give your room a personal touch by placing some endemic creatures or redecorating the interior? As you progress in the story, you'll gain the opportunity to move to bigger and better accommodations,” and also see “How to Decorate Your Room in Monster Hunter World Iceborne” detailing editing objects in the player’s room), wherein the target area is in a public scene (
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); and displaying, in the virtual scene, a first group of virtual model objects located within a visual range of the first virtual operation object in the target area (
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illustrating various virtual model objects).
Re claim 2, MHW discloses retaining, when the first virtual operation object leaves the interior of the first area and is located in an interior of the second area, loaded target loading data, wherein the target loading data is obtained by loading the virtual model objects currently present in the target area (
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illustrating a second area that is not in the player room with loaded virtual model objects).
Re claim 3, MHW discloses deleting, when the first virtual operation object moves to an exterior of the second area, target loading data (
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illustrating the player outside of the second area with none of the previously loaded target loading data, therefore it has been deleted from the screen).
Re claim 4, MHW discloses when the first virtual operation object is located in the interior of the first area and a virtual model object in the target area is updated by a second virtual operation object, loading the updated virtual model object in the target area (
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illustrating multiple virtual model objects in the target area and virtual operation objects, e.g. other players sitting in chairs and holding drinking mugs at a table); and displaying a second group of virtual model objects, wherein the second group of virtual model objects comprises virtual model objects in the target area and located within the visual range of the first virtual operation object (again see the above image which displays the objects in visual range of the player in the player’s room).
Re claim 6, MHW discloses displaying, when the first virtual operation object moves from an exterior of the target area to an interior of the target area and the first virtual operation object has editing permissions for the target area, a first area arrangement interface, wherein the first area arrangement interface is configured to allow the first virtual operation object to edit, in the first area arrangement interface, the virtual model objects in the target area (
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and
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which illustrate the interface and instructions for allowing a player who is able to edit the room to save a room’s décor, pattern, and material customizations as a configuration that can be reapplied at any time); obtaining, in the first area arrangement interface, a first edit instruction of the first virtual operation object (see options above such as Register, Use, View, Rename, Rearrange, and Delete); and updating, in response to the first edit instruction, the virtual model objects currently present in the target area to a first virtual model object set (see above, each saved configuration applies a room’s décor, pattern, and material customizations).
Re claims 7-8, as MHW has disclosed applying multiple room configurations in claim 6, it loads a fourth, fifth, or Nth group of virtual model objects in the first virtual model object set and be rendered/displayed when within visual range of the first virtual operation object.
Re claim 9, MHW discloses lading, when the first virtual operation object moves from an exterior of the second area to an interior of the second area, collision data in the target area, wherein the collision data represents a collision area of the virtual model objects currently present in the target area (
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illustrating the player standing on the ground outside of the player room, therefore the game has loaded collision data that allows for the player model to properly collide and stand on the ground).
Re claim 10, MHW discloses dividing the target area into N target subareas, wherein N is a positive integer greater than 1, and configuring each of the target subareas to allow a corresponding virtual operation object to edit a virtual model object in the target subarea (
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which shows the room has multiple target subareas able to be customized, and
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from “How to Decorate Your Room in Monster Hunter World Iceborne” detailing again multiple subareas able to be customized).
Re claims 11-14 and 16-20, see the above rejections.
Allowable Subject Matter
Claims 5 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Y Kim whose telephone number is (571)270-3215. The examiner can normally be reached Monday-Friday.
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, Xuan Thai can be reached at (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN Y KIM/Primary Examiner, Art Unit 3715
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