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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ikenoue (US Pub 20120039507 A1).
Regarding Claims 1, 2, Ikenoue teaches an avatar control device for controlling an avatar (Paragraph 0104) to be displayed within a virtual space (Paragraph 0029, 0071), wherein the avatar control device: acquires a face image of a user captured by a camera (12 in Fig. 1 as image capturing device 12) (Paragraph 0026, 0050-0051);
acquires initial setting information indicating a reference posture of a face of the user (Paragraph 0074, 0090, 0098);
acquires posture information indicating a posture of the face of the user for the camera on
a basis of the face image (Paragraph 0026, 0050-0051, 0074, 0090);
controls forward (Paragraph 0070-0071) or backward movement (Paragraph 0070-0071) of the avatar within the virtual space on the basis of a distance between the camera and the face of the user (Paragraph 0050-0051, 0086-0088) indicated in the initial setting information and the posture information (Paragraph 0029, 0050, 0070-0074, 0090, 0098); and
controls a movement direction of the avatar within the virtual space on the basis of an orientation of the face of the user for the camera (Paragraph 0029, 0050-0052, 0071, 0104).
Regarding Claim 3, the avatar control device wherein the avatar control device controls a forward or backward movement velocity or acceleration in accordance with a magnitude of a distance between the camera and the face of the user, or a change rate of the distance (Paragraph 0050, 0070-0071, 0086-0088).
Regarding Claim 4, the avatar control device wherein the avatar control device: detects a predetermined operation of the user captured by the camera; and prevents avatar movement control from being performed when the predetermined operation has been detected (Paragraph 0026, 0050-0051, 0104).
Regarding Claim 5, the method Claim 5 is rejected for same reason as the apparatus Claim 1, since claim limitations are same in both claims.
Conclusion
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
It is noted that any citation to specific pages, columns, figures, or lines in the prior art references any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331-33, 216 USPQ 1038-39 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)).
Examiner’s Note
Examiner has cited particular paragraphs/columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims.
In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIJAY SHANKAR whose telephone number is (571)272-7682. The examiner can normally be reached M-F 9 am- 6 pm.
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, Matthew Eason can be reached at 571-270-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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VIJAY SHANKAR
Primary Examiner
Art Unit 2624
/VIJAY SHANKAR/Primary Examiner, Art Unit 2624
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