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 .
Response to Arguments
Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The examiner relied on Fujita et al to meet limitations of acquire data indicating positions of users visually recognizing the content from two or more of the plurality of user terminals. Wherein, the reference teaches the viewer side information processing devices 14-1 to 14-N display the distribution moving image distributed from the distribution server 13 via the network 12, to let respective users of the viewer side information processing devices 14-1 to 14-N to view the distribution moving image. Then, when operation is performed for generating a predetermined event to the distribution moving image by a viewer who is each of the users, the viewer side information processing devices 14-1 to 14-N transmit, to the distribution server 13, event information necessary for superimposing on the moving image an image corresponding to the event (0036).
The event information acquisition unit 22 supplies the event information to the item display control unit 26 in accordance with the content of the event information (deliver the plurality of item images A to the specific plurality of character images C). Further, the event information acquisition unit 22 requests the viewer side information processing devices 14 of the viewers corresponding to the character images C1 to C6 to transmit positions of the character images C1 to C6 displayed in the outer area 18, and grasps the positions of the character images C1 to C6 and instructs the item display control unit 26 on the positions (Para. 0104) meeting claimed limitations of “analyze two or more pieces of the acquired data to calculate a distribution of positions of two or more users in the content”.
The item display control unit 45 controls the display so that the item images A1 to A6 thrown from the character images C1 and C2 are arranged on the upper side of the distribution moving image display area 17) (Figures 9, 12; Para. 0051 and 0116) meeting limitations “determine, based on the calculated distribution, a mode of applying an effect to be applied to the content displayed on at least one target terminal of the plurality of user terminals”.
The examiner relied on Leech et al to meet limitations of data indicating line-of-sight and line-of-sight position (i.e. viewer’s eye focus) (Abstract; Figures 5, 8a; Para. 0071). Wherein, the reference teaches the processor 804 may be configured to determine that the eye focus of multiple viewers is in one or more display regions (Para. 0073). Thus, the examiner concluded that it would have been obvious to one of ordinary skill in the art to modify the reference before the effectively filing date of the claimed invention for the common knowledge purpose of providing best content by efficiently using available bandwidth with minimal input from user.
Applicant argues there are no descriptions of "data indicating positions of users" and "a distribution of two or more users in the content" in the above paragraphs and referenced figures or in any of Fujita's paragraphs and figures. The examiner respectfully disagrees.
The event information acquisition unit 22 supplies the event information to the item display control unit 26 in accordance with the content of the event information (deliver the plurality of item images A to the specific plurality of character images C). Further, the event information acquisition unit 22 requests the viewer side information processing devices 14 of the viewers corresponding to the character images C1 to C6 to transmit positions of the character images C1 to C6 displayed in the outer area 18, and grasps the positions of the character images C1 to C6 and instructs the item display control unit 26 on the positions (Para. 0104). Wherein, the viewer side information processing devices 14 of the viewers corresponding to the character images C1 to C6 provide description of data indicating positions of users and a distribution of two or more users in the content.
Applicant argues “Leech is silent regarding acquiring eye focus or eye movement data of multiple users and calculating a distribution of eye focus or eye movement data of multiple users in the content.” The examiner respectfully disagrees.
Leech et al teaches the processor 804 may be configured to determine that the eye focus of multiple viewers is in one or more display regions (Para. 0073).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, acquire data indicating positions of users visually recognizing the content from two or more of the plurality of user terminals and analyze two or more pieces of the acquired data to calculate a distribution of positions of two or more users in the content. With teachings of line-of-sight and line-of-sight position from Leech would have been obvious to one of ordinary skill in the art to modify the reference before the effectively filing date of the claimed invention for the common knowledge purpose of providing best content by efficiently using available bandwidth with minimal input from user.
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) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujita et al (US PG Pub No. 2019/0069041), in view of Leech et al (US PG Pub No. 2015/0264299).
Regarding claim 1, Fujita et al teaches a content distribution system (Abstract), comprising at least one processor (Figure 3; Para. 0049), wherein the at least one processor is configured to:
display content on a plurality of user terminals [14-2 to 14-N] (i.e. viewer side information processing devices 14-1 to 14-N display the distribution moving image distributed from the distribution server 13 via the network 12) (Para. 0036);
acquire data indicating positions of users visually recognizing the content from two or more of the plurality of user terminals (i.e. when operation is performed for generating a predetermined event to the distribution moving image by a viewer who is each of the users, the viewer side information processing devices 14-1 to 14-N transmit, to the distribution server 13, event information necessary for superimposing on the moving image an image corresponding to the event) (Para. 0036);
analyze two or more pieces of the acquired data to calculate a distribution of positions of two or more users in the content (i.e. event information acquisition unit 22 acquires event information transmitted from the viewer side information processing device 14 or the performer side information processing device 15 via the network 12) (Fig.9 and 12; Para. 0051, 0116); and
determine, based on the calculated distribution, a mode of applying an effect to be applied to the content displayed on at least one target terminal of the plurality of user terminals (i.e. the item display control unit 45 controls the display so that the item images A1 to A6 thrown from the character images C1 and C2 are arranged on the upper side of the distribution moving image display area 17) (Figures 9, 12; Para. 0051 and 0116).
The reference is unclear with respect to line-of-sight and line-of-sight position.
In similar field of endeavor, Leech et al teaches line-of-sight and line-of-sight position (i.e. viewer’s eye focus) (Abstract; Figures 5, 8a; Para. 0071). Therefore, it would have been obvious to one of ordinary skill in the art to modify the reference before the effectively filing date of the claimed invention for the common knowledge purpose of providing best content by efficiently using available bandwidth with minimal input from user.
Regarding claim 2, Fujita and Leech, the combination teaches wherein the at least one processor is configured to:
specify, based on the distribution, a first area in the content where lines of sight of the two or more users are focused (i.e. region 807 and 809 are focused by two or more users) and a second area where the lines of sight of the two or more users are less focused than the first area (i.e. 806 and 808 regions are less focused) (Leech: Figure 8A; Para. 0073); and
determine, as the mode of applying the effect, that a display mode of the first area of the content displayed on the at least one target terminal is changed (i.e. the display region associated with a user's eye focus (e.g., the display region 807) may be given a primary rank (e.g., ranked first) and assigned and/or allocated a high level of image resources (e.g., high image resolution, high frame rate, etc.) (Leech: Fig 8a; para. 0081).
Regarding claim 3, Fujita and Leech, the combination teaches wherein the at least one processor is configured to: specify, based on the distribution, a first area in the content where lines of sight of the two or more users are focused and a second area where the lines of sight of the two or more users are less focused than the first area (i.e. Region 807 and 809 are focused by two or more users) and a second area where the lines of sight of the two or more users are less focused than the first area (i.e. 806 and 808 regions are less focused) (Leech: Figure 8A; Para. 0073); and
determine, as the mode of applying the effect, that a display mode of the second area of the content displayed on the at least one target terminal is changed (i.e. display regions adjacent to the region associated with the user's eye focus (e.g., the display regions 806 and 808) may be given a secondary rank (e.g., ranked second) and assigned and/or allocated a medium level of image resource) (Leech: Figure 8A; Para. 0081).
Regarding claim 4, Fujita and Leech, the combination teaches the plurality of user terminals [14-2 to 14-N] include a distributor terminal [13] that distributes the content and a plurality of viewer terminals [14-2 to 14-N], and the content is content that is distributed in real time from the distributor terminal to the plurality of viewer terminals (Fujita: Abstract; Figure 1; Para. 0034-35)
Regarding claim 5, Fujita and Leech, the combination teaches the plurality of user terminals include a plurality of viewer terminals [14-2 to 14-N], and the content is content that is distributed on demand to the plurality of viewer terminals (Fujita: Abstract; Figure 1; Para. 0034-35).
Regarding claim 6, Fujita and Leech, the combination teaches wherein the at least one processor is configured to determine the mode of applying the effect based on attribute information of the plurality of users (Leech: Para. 0060, 0062, 0116).
Claims 7-8 corresponds to claim 1.
Regarding claim 9, Fujita and Leech, the combination teaches the distribution of line-of-sight positions includes concentration of the line-of-sight positions of the two or more users in the content (Fujita: Fig.9 and 12; Para. 0051, 0116 and Leech: Abstract; Figures 5, 8a; Para. 0071).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUNAL LANGHNOJA whose telephone number is (571)270-3583. The examiner can normally be reached M-F: 9:00AM - 5:00PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at (571) 272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KUNAL LANGHNOJA/Primary Examiner, Art Unit 2425
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