DETAILED ACTION
Claim Objections
Claim 16 is objected to because of the following informalities: In line 2, delete the extra “a”.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 18 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor at the time the application was filed, had possession of the claimed invention.
In claim 18, the specification does not appear to disclose “… photographing target objects … to be tracked by the virtual camera”. The specification does not describe the photographing target objects are “tracked”. In para.0070, the specification merely states a tracking function become possible without stating what has been tracked by the virtual camera 610.
The following is a quotation of 35 U.S.C. 112(b):
(b) 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.
Claim 13 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 13 recites the limitation "the other user" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear what “the other user” is referring to.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 12-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Doken (US 12,022,226).
Referring to claims 1 and 14-15, Doken discloses an information processing apparatus (fig. 4, system 400) comprising a processor (fig. 3, processing circuitry 306) to:
execute a first determination processing (fig. 5, should XR be inserted into video 504) that determines whether or not an instruction operation (fig. 5, receive user input 502) has been performed;
execute a first display control processing (fig. 6, insert XR portion 508) that, in a case of being determined by the first determination processing that the instruction operation has been performed, superimposes (10:62-11:3, superimpose XR portion) and displays a photographing view angle (6:35-38, camera image) including a photographing range of a virtual camera (fig. 1A, virtual background, XR portion 108/110, user depiction 112 etc.,) in a cross reality XR space (6:10-19, extended reality); and
execute a fixation processing (fig. 5, detect entity other than the user 510) that,
in response to the photographing view angle of the virtual camera being displayed (fig. 5, video feed 504 of the first user 502),
fixes objects that are within the photographing view angle (fig. 1A, user within virtual background 108/110) when the photographing view angle is displayed as photographing target objects of the virtual camera (figs. 1A-1H, user 102/106 fixed in virtual background 108/110 with background modified),
while excluding objects (fig. 1F, person 118; 11:61-12:7, selectable to blend into XR) that enter the photographing view angle thereafter (fig. 1F, person 118 into field of view of device 104; 11:61-12:7) from being fixed as the photographing target objects.
As to claim 2, Doken discloses the apparatus of claim 1, wherein the instruction operation is an operation (fig. 1B, user interface element 128; 15:1-8) performed with respect to an icon (fig. 1B, icon 130) dedicated to the instruction.
As to claim 3, Doken discloses the apparatus of claim 1, wherein a shape of the photographing view angle of the view camera is a radial shape spreading out from a virtual lens of the virtual camera (20:37-62, field of views).
As to claim 4, Doken discloses the apparatus of claim 1, wherein in the first display control processing, the photographing view angle of the virtual camera is displayed transparently (20:15-36, transparent object displaying).
As to claim 5, Doken discloses the apparatus of claim 1, wherein the processor is to execute an exclusion processing (fig. 5, occluded by XR in video feed 512) that exclude, from the photographing target objects of the virtual camera, an object (fig. 5, occluded entity 510) that has become a target of a predetermined operation (fig. 5, modify video feed 514), among the objects that are within the photographing view angle of the virtual camera when the photographing view angle of the virtual camera has been displayed (fig. 5, transmit modified video feed 516).
As to claim 6, Doken discloses the apparatus of claim 5, wherein the predetermined operation is a flicking operation or a swiping operation (fig. 1G, user interface 128) that is performed by a user (fig. 1G, user A 102) with respect to the object.
As to claim 12, Doken discloses the apparatus of claim 1, wherein the processor is to:
execute a non-display processing (16:57-65, occluded entity) that hides an object (16:57-65, entity) that has entered into the photographing view angle of the virtual camera after the photographing view angle of the virtual camera has been displayed, on a live view showing the photographing range of the virtual camera (fig. 1F, a person entered to background 142); and
execute a photographing processing (fig. 1F, click to show John 142) that performs photographing of the live view of the virtual camera.
As to claim 13, Doken discloses the apparatus of claim 1,
wherein the processor is to execute a notification processing (fig. 1F, notification 142; 11:61-12:7) that,
when an object corresponding to another user (fig. 1F, John 142) enters the photographing view angle of the virtual camera, notifies the other user that the object has entered into the photographing view angle of the virtual camera (fig. 1F, background of user depiction 112).
As to claim 16, Doken discloses the apparatus of claim 1, wherein the first display control processing causes the photographing view angle to be superimposed and displayed in the cross reality XR space (fig. 1A; 10:62-11:3, superimpose XR portion) also on a display control apparatus (fig. 1A, device 104 of user B 106) of another user (fig. 1A, user B 106) logged into the cross reality space.
As to claim 17, Doken discloses the apparatus of claim 1, wherein the circuitry is to execute, after the fixation processing, a photographing processing (fig. 5, process 500) that performs photographing by the virtual camera.
As to claim 18, Doken discloses the apparatus of claim 1, wherein the circuitry is to enable the photographing target objects fixed by the fixation processing to be tracked (fig. 5, detect entity 510) by the virtual camera.
Allowable Subject Matter
Claims 7-11 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.
The following is a statement of reasons for the indication of allowable subject matter:
None of the prior art on record discloses the limitation of “execute a second determination processing that determines a specifying operation has been performed, and execute a second display control processing … displays the photographing target objects of the virtual camera in the XP space” as required in dependent claim 7.
Response to Arguments
Applicant’s arguments have been fully considered, but they are not deemed to be persuasive.
Applicant argues that Doken does not disclose the claimed invention (pp.13-14).
Initially, examiner reminds applicant’s argument must directly directed to specific limitation in the claim language rather than arguing the claimed invention in general. Doken discloses a photographing view/photographing view angle/photographing range of a virtual camera of user with XR background as shown in fig. 1A. The user’s image itself and the selected XR background is the fixed image view. In fig. 1F, Doken discloses a way to exclude a person entered the fixed image view in the XR background. In fig. 5, Doken discloses the step of detecting an entity (510) other than the user, and excluding of the entity (514).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to examiner Cheng-Yuan Tseng whose telephone number is (571)272-9772, and fax number is (571)273-9772. The examiner can normally be reached on Monday through Friday from 09:00 to 17:30 Eastern Time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Harrington can be reached on (571)272-2330. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866)217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call (800)786-9199 (IN USA OR CANADA) or (571)272-1000.
/CHENG YUAN TSENG/Primary Examiner, Art Unit 2615
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