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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “image obtaining unit” in claims 4 and 8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van De Sluis et al., US 2020/0192553.
In regard to claim 1, Van De Sluis et al., US 2020/0192553, discloses an information processing system comprising one or more processors and/or circuitry configured to:
execute a control processing that, based on lighting information of a virtual object displayed on a display device in a superimposed manner on a real space (see figure 4b and para 52), performs control of a lighting environment in the real space (see para 67); and
execute an obtainment processing that obtains information about the virtual object used in display of the virtual object via a network (see para 51-52 and 78), and wherein the lighting information of the virtual object is included in the information about the virtual object (see para 46-58 and 78).
In regard to claim 2, Van De Sluis et al., US 2020/0192553, discloses the information processing system according to claim 1, wherein the lighting information of the virtual object includes at least any one piece of information from among a position of a light source that illuminates the virtual object, an intensity of the light source, and a color temperature of the light source (see para 47 and 57-58).
In regard to claim 3, Van De Sluis et al., US 2020/0192553, discloses the information processing system according to claim 1, wherein in the control processing, control for changing the lighting environment in the real space to a lighting environment corresponding to the lighting information of the virtual object is performed (see figure 4b and para 52 and 67).
In regard to claim 4, Van De Sluis et al., US 2020/0192553, discloses the information processing system according to claim 1, further comprising:
an image obtaining unit configured to photograph the real space (see figure 1, element 104), and wherein the display device (see figure 4a, element 404a) displays a composite image, in which an image of the virtual object (see figure 4a, element 402a) is superimposed on an image of the real space that has been obtained by photographing the real space (see para 52).
In regard to claim 5, Van De Sluis et al., US 2020/0192553, discloses the information processing system according to claim 4, wherein both exposure control of the image obtaining unit and the control of the lighting environment in the real space are performed (see para 52 and 67).
In regard to claim 6, Van De Sluis et al., US 2020/0192553, discloses an information processing system comprising one or more processors and/or circuitry configured to:
execute a control processing that, based on lighting information of a virtual object displayed on a head mounted display (an HMD) (see figure 4b, element 400b)in a superimposed manner on a real space, performs control of a lighting environment in the real space (see figure 4b and para 52), and
wherein the lighting information of the virtual object is information that has been updated based on a lighting environment of surroundings of another HMD that has been arranged in a different location from the HMD (see para 59-67: the processor communicates with database with information from other devices).
In regard to claim 7, Van De Sluis et al., US 2020/0192553, discloses the information processing system according to claim 6, wherein in the control processing, control for changing the lighting environment in the real space to a lighting environment corresponding to the lighting information of the virtual object is performed (see figure 4b and para 52 and 67).
In regard to claim 8, Van De Sluis et al., US 2020/0192553, discloses the information processing system according to claim 6, further comprising:
an image obtaining unit configured to photograph the real space (see figure 1, element 104), and wherein the display device (see figure 4a, element 404a) displays a composite image, in which an image of the virtual object (see figure 4a, element 402a) is superimposed on an image of the real space that has been obtained by photographing the real space (see para 52).
In regard to claim 9, Van De Sluis et al., US 2020/0192553, discloses the information processing system according to claim 8, wherein both exposure control of the image obtaining unit and the control of the lighting environment in the real space are performed (see para 52 and 67).
In regard to claim 10, since Van De Sluis et al., US 2020/0192553, discloses the information processing system and its operation as described in claim 1 above, the method of claim 10 is also disclosed (see claim 1 above).
In regard to claim 11, since Van De Sluis et al., US 2020/0192553, discloses the information processing system and its operation as described in claim 1 above, the storage medium of claim 11 is also disclosed (see claim 1 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2021/0065439, discloses an imaging system that adjusts a virtual object based on real world lighting. US 2020/0045298, discloses an imaging system with virtual objects the take into account lighting. US 2019/0279430, discloses an imaging system that applies lighting effects to a virtual object.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEVELL V SELBY whose telephone number is (571)272-7369. The examiner can normally be reached Monday-Thursday 6 AM - 3:30 PM; Friday 6-10 AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEVELL V SELBY/Primary Examiner, Art Unit 2638
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