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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,277,636. Although the claims at issue are not identical, they are not patentably distinct from each other because the U.S. Patent anticipates the Instant Application.
Instant Application – 19-004,478
U.S. Patent No. 12,277,636
1. An agent providing system comprising processing circuitry configured to:
provide, when newly providing an agent to a cyberspace in which a plurality of agents is allowed to be registered, an agent that is separated by a certain amount or more in terms of appearance or voice from an agent already registered in the cyberspace,
confirm whether or not identification with respect to an agent already used by a user based on an appearance or a voice of an agent newly provided to the user is possible for the user,
and provide a new agent having an identifiable appearance or voice to the user according to a result of the confirmation.
1. An agent providing system comprising processing circuitry configured to:
provide, when newly providing an agent to a cyberspace in which a plurality of agents is allowed to be registered, an agent that is separated by a certain amount or more in terms of appearance or voice from an agent already registered in the cyberspace;
and provide, when newly providing an agent for a specified user to a private cyberspace accessible by the specified user, an agent that is separated by a certain amount or more from an appearance or a voice of an agent that is already registered in the private cyberspace and used by the specified user, wherein the agent for a specified purpose has a first appearance or a first voice, provide, when providing the agent for the specified purpose for the specified user, the agent for the specified purpose having a second appearance or a second voice different from the first appearance or the first voice when the first appearance or the first voice is not separated by a certain amount or more from either an appearance or a voice of the agent already held by the specified user, and provide, when providing an agent used by a group made up of a first user and a second user, an agent having an appearance or a voice different from appearances or voices of all agents already held by the first user and the second user.
From claim 4
4. The agent providing system according to claim 1, wherein the processing circuitry is further configured to:
confirm whether or not identification with respect to an agent already used by a user based on an appearance or a voice of an agent newly provided to the user is possible for the user;
and provide a new agent having an identifiable appearance or voice to the user according to a result of the confirmation.
Claim 1 of the Instant Application is a broader version of claims 1 and 5 of the U.S. Patent.
2. The agent providing system according to claim 1, The agent providing system according to wherein the processing circuitry is further configured to:
provide, when newly providing an agent for a specified user to a private cyberspace accessible by the specified user, an agent that is separated by a certain amount or more from an appearance or a voice of an agent that is already registered in the private cyberspace and used by the specified user, wherein the agent for a specified purpose has a first appearance or a first voice.
From claim 1
and provide, when newly providing an agent for a specified user to a private cyberspace accessible by the specified user, an agent that is separated by a certain amount or more from an appearance or a voice of an agent that is already registered in the private cyberspace and used by the specified user, wherein the agent for a specified purpose has a first appearance or a first voice,
3. The agent providing system according to claim 2, The agent providing system according to wherein the processing circuitry is further configured to:
provide, when providing the agent for the specified purpose for the specified user, the agent for the specified purpose having a second appearance or a second voice different from the first appearance or the first voice when the first appearance or the first voice is not separated by a certain amount or more from either an appearance or a voice of the agent already held by the specified user.
From claim 1
provide, when providing the agent for the specified purpose for the specified user, the agent for the specified purpose having a second appearance or a second voice different from the first appearance or the first voice when the first appearance or the first voice is not separated by a certain amount or more from either an appearance or a voice of the agent already held by the specified user,
4. The agent providing system according to claim 1, The agent providing system according to wherein the processing circuitry is further configured to:
determine that a new agent is separated by a certain amount or more in terms of appearance or voice from the agent already registered in the cyberspace, and provide an agent so determined according to the determination.
2. The agent providing system according to claim 1, wherein the processing circuitry is further configured to:
determine that a new agent is separated by a certain amount or more in terms of appearance or voice from the agent already registered in the cyberspace; and provide an agent so determined according to the determination.
5. The agent providing system according to claim 1, The agent providing system according to wherein the processing circuitry is further configured to:
newly generate an agent separated by a certain amount or more in terms of appearance or voice from the agent already registered in the cyberspace, and provide the generated agent.
3. The agent providing system according to claim 1, wherein the processing circuitry is further configured to:
newly generate an agent separated by a certain amount or more in terms of appearance or voice from the agent already registered in the cyberspace; and provide the generated agent.
6. The agent providing system according to claim 1, The agent providing system according to wherein the processing circuitry is further configured to:
provide, when providing an agent used by a group made up of a first user and a second user, an agent having an appearance or a voice different from appearances or voices of all agents already held by the first user and the second user.
From claim 1
and provide, when providing an agent used by a group made up of a first user and a second user, an agent having an appearance or a voice different from appearances or voices of all agents already held by the first user and the second user.
7. The agent providing system according to claim 1, The agent providing system according to wherein the processing circuitry is further configured to:
generate, when the user answers that identification with respect to the agent already used by the user based on the appearance or the voice of the agent newly provided to the user is not possible, an agent having a new appearance or voice different from the appearance or the voice by which identification is not possible.
From claim 5
5. The agent providing system according to claim 4, wherein processing circuitry is further configured to
generate, when the user answers that identification with respect to the agent already used by the user based on the appearance or the voice of the agent newly provided to the user is not possible, an agent having a new appearance or voice different from the appearance or the voice by which identification is not possible.
8. The agent providing system according to claim 7, The agent providing system according to wherein the processing circuitry is further configured to:
learn a characteristic when the user identifies the appearance or the voice of the agent according to the answer from the user, and generate an agent having a new appearance or a voice according to the characteristic.
6. The agent providing system according to claim 5, wherein the processing circuitry is further configured to:
learn a characteristic when the user identifies the appearance or the voice of the agent according to the answer from the user; and generate an agent having a new appearance or a voice according to the characteristic.
9. The agent providing system according to claim 1, The agent providing system according to wherein the processing circuitry is further configured to:
provide, when newly providing an agent as an avatar of a specified user to a public cyberspace accessible by a plurality of users, an agent that is separated by a certain amount or more in terms of appearance or voice from an agent as an avatar of another user already registered in the public cyberspace.
7. The agent providing system according to claim 1, wherein the processing circuitry is further configured to
provide, when newly providing an agent as an avatar of a specified user to a public cyberspace accessible by a plurality of users, an agent that is separated by a certain amount or more in terms of appearance or voice from an agent as an avatar of another user already registered in the public cyberspace.
10. The agent providing system according to claim 9, The agent providing system according to wherein the processing circuitry is further configured to:
present to the user, when newly providing the agent as the avatar of the specified user to the public cyberspace accessible by the plurality of users, an agent candidate that is separated by a certain amount or more in terms of appearance or voice from an agent as an avatar of another user already registered in the public cyberspace.
8. The agent providing system according to claim 7, wherein the processing circuitry is further configured to
present to the user, when newly providing the agent as the avatar of the specified user to the public cyberspace accessible by the plurality of users, an agent candidate that is separated by a certain amount or more in terms of appearance or voice from an agent as an avatar of another user already registered in the public cyberspace.
Claims 2-10 of the Instant application are anticipated by claims 1-8 of the U.S. Patent.
11. An agent providing method, comprising: providing, when newly providing an agent to a cyberspace in which a plurality of agents is allowed to be registered, an agent that is separated by a certain amount or more in terms of appearance or voice from an agent already registered in the cyberspace;
confirming whether or not identification with respect to an agent already used by a user based on an appearance or a voice of an agent newly provided to the user is possible for the user; and providing a new agent having an identifiable appearance or voice to the user according to a result of the confirmation.
9. A method for providing agents comprising: providing, in case that newly providing an agent to a cyberspace in which a plurality of agents is allowed to be registered, an agent that is separated by a certain amount or more in terms of appearance or voice from an agent already registered in the cyberspace;
providing, in case that newly providing an agent for a specified user to a private cyberspace accessible by the specified user, an agent that is separated by a certain amount or more from an appearance or a voice of an agent that is already registered in the private cyberspace and used by the specified user, wherein the agent for a specified purpose has a first appearance or a first voice; providing, in case that providing the agent for the specified purpose for the specified user, the agent for the specified purpose having a second appearance or a second voice different from the first appearance or the first voice when the first appearance or the first voice is not separated by a certain amount or more from either an appearance or a voice of the agent already held by the specified user; and providing, when providing an agent used by a group made up of a first user and a second user, an agent having an appearance or a voice different from appearances or voices of all agents already held by the first user and the second user.
From claim 12
12. The method according to claim 9, further comprising:
confirming whether or not identification with respect to an agent already used by a user based on an appearance or a voice of an agent newly provided to the user is possible for the user; and providing a new agent having an identifiable appearance or voice to the user according to a result of the confirmation.
Claim 11 of the Instant Application is a broader version of claims 9 and 12 of the U.S. Patent.
12. The agent providing method according to claim 11, further comprising:
providing, when newly providing an agent for a specified user to a private cyberspace accessible by the specified user, an agent that is separated by a certain amount or more from an appearance or a voice of an agent that is already registered in the private cyberspace and used by the specified user, wherein the agent for a specified purpose has a first appearance or a first voice.
From claim 9
providing, in case that newly providing an agent for a specified user to a private cyberspace accessible by the specified user, an agent that is separated by a certain amount or more from an appearance or a voice of an agent that is already registered in the private cyberspace and used by the specified user, wherein the agent for a specified purpose has a first appearance or a first voice;
13. The agent providing method according to claim 12, further comprising:
providing, when providing the agent for the specified purpose for the specified user, the agent for the specified purpose having a second appearance or a second voice different from the first appearance or the first voice when the first appearance or the first voice is not separated by a certain amount or more from either an appearance or a voice of the agent already held by the specified user.
From claim 9
providing, in case that providing the agent for the specified purpose for the specified user, the agent for the specified purpose having a second appearance or a second voice different from the first appearance or the first voice when the first appearance or the first voice is not separated by a certain amount or more from either an appearance or a voice of the agent already held by the specified user;
14. The agent providing method according to claim 11, further comprising: determining that a new agent is separated by a certain amount or more in terms of appearance or voice from the agent already registered in the cyberspace; and providing an agent so determined according to the determination.
10. The method according to claim 9, further comprising: determining that a new agent is separated by a certain amount or more in terms of appearance or voice from the agent already registered in the cyberspace; and providing an agent so determined according to the determination.
15. The agent providing method according to claim 11, further comprising: newly generating an agent separated by a certain amount or more in terms of appearance or voice from the agent already registered in the cyberspace; and providing the generated agent.
11. The method according to claim 9, further comprising: newly generating an agent separated by a certain amount or more in terms of appearance or voice from the agent already registered in the cyberspace; and providing the generated agent.
16. The agent providing method according to claim 11, further comprising:
providing, when providing an agent used by a group made up of a first user and a second user, an agent having an appearance or a voice different from appearances or voices of all agents already held by the first user and the second user.
From claim 9
and providing, when providing an agent used by a group made up of a first user and a second user, an agent having an appearance or a voice different from appearances or voices of all agents already held by the first user and the second user.
17. The agent providing method according to claim 11, further comprising: generating, when the user answers that identification with respect to the agent already used by the user based on the appearance or the voice of the agent newly provided to the user is not possible, an agent having a new appearance or voice different from the appearance or the voice by which identification is not possible.
13. The method according to claim 12, further comprising: generating, when the user answers that identification with respect to the agent already used by the user based on the appearance or the voice of the agent newly provided to the user is not possible, an agent having a new appearance or voice different from the appearance or the voice by which identification is not possible.
18. The agent providing method according to claim 17, further comprising: learning a characteristic when the user identifies the appearance or the voice of the agent according to the answer from the user; and generating an agent having a new appearance or a voice according to the characteristic.
14. The method according to claim 13, further comprising: learning a characteristic when the user identifies the appearance or the voice of the agent according to the answer from the user; and generating an agent having a new appearance or a voice according to the characteristic.
19. The agent providing method according to claim 11, further comprising:
providing, when newly providing an agent as an avatar of a specified user to a public cyberspace accessible by a plurality of users, an agent that is separated by a certain amount or more in terms of appearance or voice from an agent as an avatar of another user already registered in the public cyberspace.
15. The method according to claim 9, further comprising:
providing, when newly providing an agent as an avatar of a specified user to a public cyberspace accessible by a plurality of users, an agent that is separated by a certain amount or more in terms of appearance or voice from an agent as an avatar of another user already registered in the public cyberspace.
20. The agent providing method according to claim 19, further comprising: presenting to the user, when newly providing the agent as the avatar of the specified user to the public cyberspace accessible by the plurality of users, an agent candidate that is separated by a certain amount or more in terms of appearance or voice from an agent as an avatar of another user already registered in the public cyberspace.
16. The method according to claim 15, further comprising: presenting to the user, when newly providing the agent as the avatar of the specified user to the public cyberspace accessible by the plurality of users, an agent candidate that is separated by a certain amount or more in terms of appearance or voice from an agent as an avatar of another user already registered in the public cyberspace.
Claims 12-20 of the Instant application are not patentably distinct over claims 9-16 of the U.S. Patent.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the Nonstatutory Double Patenting Rejection, set forth in this Office action or by filing a Terminal Disclaimer.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art teaches or suggests:
From claim 1 – “confirm whether or not identification with respect to an agent already used by a user based on an appearance or a voice of an agent newly provided to the user is possible for the user, and provide a new agent having an identifiable appearance or voice to the user according to a result of the confirmation.”
From claim 11 – “confirming whether or not identification with respect to an agent already used by a user based on an appearance or a voice of an agent newly provided to the user is possible for the user; and providing a new agent having an identifiable appearance or voice to the user according to a result of the confirmation.”
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bates et al. U.S. Pub. No. 2010/0057715.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNA J RICKS whose telephone number is (571)270-7532. The examiner can normally be reached on M-F 7:30am-5pm EST (alternate Fridays off).
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/Donna J. Ricks/Examiner, Art Unit 2618
/DEVONA E FAULK/Supervisory Patent Examiner, Art Unit 2618
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