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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-6, 9-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 7, 8, 10, 11 of U.S. Patent No. 12,211,130. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application cover a broader scope than the claims of U.S. Patent No. 12,211,130.
The U.S. Patent No. 12,211,130 claims a non-transitory computer-readable medium for claim 1, while the instant application claims an information processing method for claim 1. The difference in statutory category does not render the claims patentably distinct, as the method of the instant claim 1 recites no step that is not performed by the circuitry executing the program of the medium of the U.S. Patent No. 12,211,130.
For example, please see the table below for a limitation-by-limitation mapping of claim 1.
Claim 1 of the instant application
Claim 1 of U.S. Patent No. 12,211,130
An information processing method by circuitry of at least one computer, the method comprising:
A non-transitory computer-readable medium storing thereon a program that causes circuitry of at least one computer to execute:
a first drawing process of outputting, to a display, a video in which at least one registered part associated with a user is applied to a virtual object;
a first drawing process of outputting, to a display, a video in which at least one registered part associated with a distributing user is applied to an avatar object that reflects movements of the distributing user;
a designation process of sending information designating a lottery target group including a plurality of lottery target parts to a server based on a first input operation to an input operation portion;
a trial parts acquisition process of acquiring trial parts data relating to at least one trial part preset as a part to be temporarily applied to the virtual object from among trial parts included in a trial parts group;
a trial parts acquisition process of acquiring trial parts data relating to at least one trial part preset as a part to be temporarily applied to the avatar object from among the lottery target parts included in the lottery target group;
a second drawing process of outputting, to the display, the virtual object to which the at least one trial part has been automatically applied using the trial parts data, wherein
a second drawing process of outputting, to the display, the avatar object to which the at least one trial part has been automatically applied using the trial parts data, wherein
the virtual object is associated with at least one of a plurality of virtual object attributes,
the avatar object is associated with a plurality of avatar attributes,
the trial parts data includes trial parts identification information different for each of the virtual object attributes,
the trial parts data includes trial parts identification information different for each of the avatar attributes, and
the second drawing process selects, from the trial parts data, trial parts identification information according to the virtual object attribute of the virtual object, and applies the at least one trial part corresponding to the selected trial parts identification information to the virtual object
the second drawing process selects, from the trial parts data, trial parts identification information according to the avatar attribute of the avatar object output to the display, and applies the at least one trial part corresponding to the selected trial parts identification information to the avatar object.
Claim 2 of the instant application corresponds to claim 2 of U.S. Patent No. 12,211,130.
Claim 3 of the instant application corresponds to claim 3 of U.S. Patent No. 12,211,130.
Claim 4 of the instant application corresponds to claim 4 of U.S. Patent No. 12,211,130.
Claim 5 of the instant application corresponds to claim 7 of U.S. Patent No. 12,211,130.
Claim 6 of the instant application corresponds to claim 8 of U.S. Patent No. 12,211,130.
Claim 9 of the instant application corresponds to claim 1 of U.S. Patent No. 12,211,130.
Claim 10 of the instant application corresponds to claim 10 of U.S. Patent No. 12,211,130.
Claim 11 of the instant application corresponds to claim 11 of U.S. Patent No. 12,211,130.
Allowable Subject Matter
Claims 1-6, 9-11, after further reconsideration and search, are deemed to contain allowable subject matters and are allowed over the prior art if rewritten to overcome the nonstatutory double patenting rejection, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 7, 8 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.
In regards to claim 1, Mourkogiannis teaches an information processing method [Fig. 8; e.g. a process for updating avatar clothing of a user of a messaging system, 0120] by circuitry [e.g. processor, 0137] of at least one computer [e.g. machine, 0136], the method comprising:
a first drawing process [e.g. real-time video processing, 0055-0057] of outputting [e.g. provide output, 0138], to a display [e.g. display, 0138], a video [e.g. displaying the video, 0053] in which at least one registered part [e.g. detected object such as articles of clothing, 0036-0037] associated with a user [e.g. user of the client device, 0036, 0062] is applied to a virtual object [e.g. user avatar, 0087, 0109];
a trial parts acquisition process [e.g. In response to selection of the outfit update button, the avatar system provides for persistently updating the user's avatar with the selected outfit, 0112] of acquiring trial parts data relating to at least one trial part preset [e.g. receiving the preset combination of articles of clothing corresponding to the selected outfit from the avatar characteristics table, 0069, 0109-0112] as a part to be temporarily applied to the virtual object from among trial parts included in a trial parts group [Fig. 6B; e.g. Each time a different outfit is selected and the update outfit button is used, the selected outfit is temporarily updated on the user’s avatar. The selected outfit are from among the preset number of outfits, 0109-0112]; and
a second drawing process [e.g. real-time video processing for the updated outfit, 0055-0057, 0109-0112] of outputting, to the display, the virtual object to which the at least one trial part has been automatically applied using the trial parts data [Fig. 6B; e.g. display the avatar of the user with the updated outfit, 0109-0112].
Mourkogiannis fails to teach or suggest
the virtual object is associated with a plurality of virtual object attributes,
the trial parts data includes trial parts identification information different for each of the virtual object attributes, and
the second drawing process selects, from the trial parts data, trial parts identification information according to the virtual object attribute of the virtual object output to the display, and applies the at least one trial part corresponding to the selected trial parts identification information to the virtual object.
Therefore, claim 1 is allowed over the prior art of record if the nonstatutory double patenting rejection is overcome.
In regards to claims 2-8, the claims depend on at least claim 1. Therefore, claims 2-8 are allowable for at least the same reason as claim 1 if rewritten to overcome the nonstatutory double patenting rejection, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
In regards to claim 9, the claim recites similar limitations as claim 1 but in the form of a non-transitory computer-readable medium storing the method of claim 1. Therefore, the claim is allowed for at least the same reason as claim 1 if the nonstatutory double patenting rejection is overcome.
In regards to claims 10, the claim recites similar limitations as claim 1 but in the form of a server performing the method of claim 1. Therefore, the claim is allowed for at least the same reason as claim 1 if the nonstatutory double patenting rejection is overcome.
In regards to claim 11, the claim recites similar limitations as claim 10, but in method form. Therefore, the claim is allowed for at least the same reason as claim 10 if the nonstatutory double patenting rejection is overcome.
Conclusion
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/ANDREW SHIN/Examiner, Art Unit 2612
/Said Broome/Supervisory Patent Examiner, Art Unit 2612
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