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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
server 110 (par. 0038)
network 120 (par. 0038)
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 10 is objected to because of the following informalities:
The phrase “the preset trajectory includes a curved trajectory” should instead read “the preset trajectory including a curved trajectory”
The phrase “the first viewing angle direction is an observation direction” should instead read “the first viewing angle direction being an observation direction”
The phrase “the second viewing angle direction is an observation direction” should instead read “the second viewing angle direction being an observation direction”
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea(s) without significantly more.
Regarding Claim 1, analyzed as the representative claim:
[Step 1] Claim 1 recites “A virtual environment display method…” which falls within the “process” statutory category of invention under 35 U.S.C. § 101.
[Step 2A – Prong 1] Claim 1 recites “A virtual environment display method, the method comprising: displaying, by processing circuitry, a virtual object in a three-dimensional virtual scene moving along a preset trajectory, the preset trajectory including a curved trajectory and a non-curved trajectory; displaying the virtual object in a first viewing angle direction, the first viewing angle direction being an observation direction of a first virtual camera along the non-curved trajectory; displaying the virtual object in a second viewing angle direction when the virtual object moves to the curved trajectory, the second viewing angle direction being an observation direction of a second virtual camera along the curved trajectory; and updating, when the virtual object switches from the curved trajectory to the non-curved trajectory, the display of the virtual object back to the first viewing angle direction.” The bolded limitations, under their broadest reasonable interpretation, encompass mental processes (including observation, evaluation, judgment, and opinion). That is, other than reciting that the method is performed “by a computer program executing on a computing device,” nothing in the claim precludes the steps from practically being performed by a human and/or in the human mind. Specifically, the claim encompasses a person, such as a director, observing whether a displayed virtual object is moving in a non-curved trajectory or a curved trajectory and updating the display angle based on this observation. Accordingly, the claim recites an abstract idea(s).
[Step 2A – Prong 2] The judicial exception is not integrated into a practical application. Specifically, the claim recites the additional element of a program executing on a computing device for performing the method steps (i.e., executed by “processing circuitry”), wherein the computing device is recited at a high level of generality and merely automates the displaying and updating steps. Additionally and/or alternatively, the limitations of “displaying” and “updating… the display” are drawn to insignificant extra-solution activity (data gathering and data display). See MPEP § 2106.05(g). Therefore, this additional element amounts to no more than mere instructions to apply the exception using a generic computing device, which does not impose any meaningful limits on practicing the abstract idea(s). Thus, the claim is directed to an abstract idea(s).
[Step 2B] The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea(s) into a practical application, the additional element of a computer program executing via processing hardware for performing the method steps amounts to no more than mere instructions to apply the exception using a generic computing device, which cannot provide an inventive concept. Accordingly, representative claim 1 is not patent eligible.
Claims 2-9 are dependent on representative claim 1 and include all of the limitations of claim 1. Therefore, the dependent claims recite the same abstract idea(s) as those recited in the independent claim or contain limitations drawn to generic computer components and/or reciting extra solution activities. While the dependent claims may have a narrower scope than the representative claim, no claim contains an additional element to integrate the abstract idea(s) into a practical application or to render an inventive concept that transforms the corresponding claim into a patent eligible application of the otherwise ineligible abstract idea(s). Thereby, claims 2-9 are also patent ineligible.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 9-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2022/007650 (hereinafter “Nishida”) in view of US 2018/0326302 (hereinafter “Tsutsui”).
Regarding Claims 1, 10, and 16, Nishida discloses displaying, by processing circuitry, a virtual object in a three-dimensional virtual scene moving along a preset trajectory, the preset trajectory including a curved trajectory and a non-curved trajectory (par. 0006: “an information processing device is provided for rendering an object placed in a three-dimensional virtual space defined by mutually orthogonal first, second, and third axes;” par. 0199: “Figure 27A shows an example of a field image G24A related to position M1, Figure 27B shows an example of a field image G24B related to position M2, and Figure 27C shows an example of a field image G24C related to position M3… In Figure 26, positions M1 to M3 are illustrated, and positions M2 and M3 are near the start and end positions of the curved road 17;” par. 0200: “the first object 3 moves from position M1 to position M3 on the field object 77;” figs. 26-27C; Examiner notes the virtual object 3 moves on a trajectory beginning with a straight path, then a curved path, and then a straight path);
displaying the virtual object in a first viewing angle direction, the first viewing angle direction being an observation direction of a virtual camera along the non-curved trajectory (par. 0201: “When the first object 3 is located at position M1, the values of the position parameters (X, Y) of the virtual camera 60 (an example of the first position) correspond to the position of the first object 3, and the value of the orientation parameter θ of the virtual camera 60 is set to the normal value θ0, that is, so that the projection vector V' (see Figure 11) is perpendicular to the direction of movement of the first object 3 (in this case, the u direction)”);
displaying the virtual object in a second viewing angle direction when the virtual object moves to the curved trajectory, the second viewing angle direction being an observation direction of a virtual camera along the curved trajectory (par. 0202: “When the first object 3 is located at position M2, the position parameters (X, Y) of the virtual camera 60 correspond to the position of the first object 3, and the orientation parameter θ of the virtual camera 60 is set to the normal value θ0, that is, so that the projection vector V' (see Figure 11) is perpendicular to the direction of movement of the first object 3 (in this case, the tangential direction of the curved path 17 passing through the position of the first object 3)”); and
updating, when the virtual object switches from the curved trajectory to the non-curved trajectory, the display of the virtual object back to the first viewing angle direction (figs. 27A, 27C: viewing angle once virtual object has switched from the curved trajectory back to the non-curved/straight trajectory (fig. 27C), the viewing angle is the same as it was during the first non-curved/straight trajectory (fig. 27A); par. 0203: “the transition from the rotating state to the state after rotation has ended (for example, the state where the first object 3 is located at position M3) may be made by returning the values of the distance parameter A2 and the angle of attack parameter ψ to their original values”).
Nishida does not disclose that the first and second viewing angle directions come from separate virtual cameras and instead teaches a single virtual camera which changes position. However, Tsuitsui discloses a first virtual camera and a second virtual camera (fig. 4: plurality of virtual cameras including first virtual camera CPa and second virtual camera CB; par. 0034: “virtual cameras placed in the virtual space”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the two virtual cameras of Tsuitsui with the particular system and method of display including multiple virtual camera positions as disclosed by Nishida in order to allow for quicker and more seamless transitions between the different virtual cameras and/or to more easily focus on areas of interest (Tsuitsui, pars. 0228, 0018, 0005-0007; 0131-0141; figs. 4, 13).
Further regarding Claim 10, Nishida modified by Tsuitsui discloses processing circuitry (par. 0039: “The terminal control unit 25 includes one or more processors. The terminal control unit 25 controls the operation of the entire terminal device 20”) configured to perform the above steps (see claim 1).
Further regarding Claim 16, Nishida modified by Tsuitsui discloses a non-transitory computer-readable storage medium, storing instructions which when executed by a processor (par. 0011: “terminal device 20 is an information processing device used by a user, such as a mobile phone, smartphone, tablet device, PC (Personal Computer), or game device. The terminal device 20 is capable of executing the game application according to this embodiment. The game application… may be pre-stored in a storage device provided in the terminal device 20 or in a storage medium such as a memory card that the terminal device 20 can read”) cause the processor to perform the above steps (see claim 1).
Regarding Claims 2, 11, and 17, modified Nishida further discloses the displaying the virtual object in the second viewing angle direction further comprises:
determining a plurality of trajectory points on the curved trajectory, wherein the trajectory points correspond to positions of the virtual object in the three-dimensional virtual scene (Nishida, figs. 26A-26C: each trajectory point on curved trajectory path 17 displayed on three-dimensional graph);
determining, based on the curved trajectory, trajectory tangent lines respectively corresponding to the plurality of trajectory points (Nishida, par. 0202: “the projection vector V' (see Figure 11) is perpendicular to the direction of movement of the first object 3 (in this case, the tangential direction of the curved path 17”); and
determining the second viewing angle direction based on an angle transformation status of the plurality of trajectory tangent lines, wherein the angle transformation status indicates an angle transformation between the trajectory tangent lines of two adjacent trajectory points of the plurality of trajectory points (Nishida, par. 0202: “the orientation parameter θ of the virtual camera 60 is set to the normal value θ0, that is, so that the projection vector V' (see Figure 11) is perpendicular to the direction of movement of the first object 3 (in this case, the tangential direction of the curved path 17;” par. 0134: “In step S1612, the angle of attack changing unit 1423 calculates the value ψ(k+1) of the angle of attack parameter ψ associated with the updated position parameters (X, Y) obtained in step S1606 (angle of attack parameter calculation process)”).
Regarding Claims 3, 12, and 18, modified Nishida further discloses the determining the second viewing angle direction further comprises:
controlling, based on the angle transformation status, the second virtual camera (see claim 1 above for combination of second virtual camera of Tsuitsui with the second virtual camera position of Nishida) in a position such that an observation direction of the virtual camera is perpendicular to the trajectory tangent line (Nishida, par. 0202: “the orientation parameter θ of the virtual camera 60 is set to the normal value θ0, that is, so that the projection vector V' (see Figure 11) is perpendicular to the direction of movement of the first object 3 (in this case, the tangential direction of the curved path 17;” par. 0134: “In step S1612, the angle of attack changing unit 1423 calculates the value ψ(k+1) of the angle of attack parameter ψ associated with the updated position parameters (X, Y) obtained in step S1606 (angle of attack parameter calculation process)”); and
obtaining the second viewing angle direction based on the position of the second virtual camera (Nishida, pars. 0090-0091: “the camera parameters include two position parameters (X, Y), a distance parameter A2, an orientation parameter θ, and an angle of attack parameter ψ… The orientation parameter θ is the angle between the projection vector V' of the line of sight direction V on the xy-plane and the x-axis. The angle of attack parameter ψ is the angle between the line of sight V and the xy-plane”; see claim 1 above for combination of second virtual camera of Tsuitsui with the second virtual camera position of Nishida).
Regarding Claims 4, 13, and 19, modified Nishida further discloses the controlling the second virtual camera further comprises:
controlling the second virtual camera (see claim 1 above for combination of second virtual camera of Tsuitsui with the second virtual camera position of Nishida) and the trajectory tangent lines of the plurality of trajectory points to maintain a minimum distance (Nishida, par. 0097: “each value of the position parameters (X, Y) of the virtual camera 60 related to a specific location is associated with a distance parameter A2 value… The value of the distance parameter A2 for a specific position of a particular virtual camera 60 may be determined so that the virtual camera 60 at that specific position captures… at a desired distance”), the observation direction of the second virtual camera being perpendicular to the plurality of trajectory tangent lines respectively (Nishida, par. 0202: “the orientation parameter θ of the virtual camera 60 is set to the normal value θ0, that is, so that the projection vector V' (see Figure 11) is perpendicular to the direction of movement of the first object 3 (in this case, the tangential direction of the curved path 17).
Regarding Claims 5, 14, and 20, modified Nishida further discloses the first virtual camera (see claim 1 above for combination of first virtual camera of Tsuitsui with the first virtual camera position of Nishida) is a preset virtual camera (Nishida, figs. 26, 27A; par. 0201: “When the first object 3 is located at position M1, the values of the position parameters (X, Y) of the virtual camera 60 (an example of the first position) correspond to the position of the first object 3, and the value of the orientation parameter θ of the virtual camera 60 is set to the normal value θ0, that is, so that the projection vector V' (see Figure 11) is perpendicular to the direction of movement of the first object 3;” par. 0203: “the state before rotation begins (for example, the state in which the first object 3 is located at position M1) to the rotation state may be achieved by changing the value of the distance parameter A2 or the value of the angle of attack parameter ψ;” Examiner notes the camera is still until the virtual object/character begins moving along the curved trajectory, at which point the camera begins to rotate);
the second virtual camera (see claim 1 above for combination of second virtual camera of Tsuitsui with the second virtual camera position of Nishida) is a rotating virtual camera (Nishida, par. 0203: “if the first object 3 moves along a curved path 17 (for example, a curved path 17 with a constant radius of curvature), the virtual camera 60 may rotate around a rotation axis 61”); and
the displaying the virtual object in the second viewing angle direction further comprises:
switching from the preset virtual camera to the rotating virtual camera when the virtual object moves along the curved trajectory (Nishida, par. 0203: “if the first object 3 moves along a curved path 17 (for example, a curved path 17 with a constant radius of curvature), the virtual camera 60 may rotate around a rotation axis 61… the transition from the state before rotation begins (for example, the state in which the first object 3 is located at position M1) to the rotation state may be achieved by changing the value of the distance parameter A2 or the value of the angle of attack parameter ψ”); and
displaying the virtual object in the second viewing angle direction based on the observation direction of the rotating virtual camera (Nishida, par. 0203: “if the first object 3 moves along a curved path 17 (for example, a curved path 17 with a constant radius of curvature), the virtual camera 60 may rotate … the values of the distance parameter A2 and the angle of attack parameter ψ may be set such that the radius of curvature of the curved road 17 = A2 × cosψ. Furthermore, while the virtual camera 60 is rotating, the position parameters (X, Y) of the virtual camera 60 correspond to the position of the first object 3”).
Regarding Claim 9, modified Nishida further discloses the displaying the virtual object in the three-dimensional virtual scene further comprises:
determining position coordinates of the virtual object in the three-dimensional virtual scene when the virtual object moves along the non-curved trajectory (Nishida, figs. 26-26D: non-curved trajectory 14 comprises a series of position coordinates on 2D and 3D coordinate planes; par. 0089: “the coordinates of each position on the field surface 70”);
determining, based on the position coordinates and a preset observation coordinate difference, camera coordinates of the first virtual camera (see claim 1 above for combination of first virtual camera of Tsuitsui with the first virtual camera position of Nishida) that is configured to observe the virtual object, wherein the preset observation coordinate difference represents a direction deviation and a distance deviation of the first virtual camera relative to the position coordinates (Nishida, par. 0131: “the first movement processing unit 1420 calculates the updated position parameters (X, Y) of the virtual camera 60 (X(k+1), Y(k+1)) based on the position of the predetermined object after movement;” pars. 0132-0134: “the distance changing unit 1421 calculates the value γ(k+1) of the distance parameter A2 associated with the updated position parameters (X, Y) obtained in step S1606 (distance parameter calculation process)… the orientation changing unit 1422 calculates the value θ(k+1) of the orientation parameter θ associated with the updated position parameters (X, Y)… the angle of attack changing unit 1423 calculates the value ψ(k+1) of the angle of attack parameter ψ associated with the updated position parameters (X, Y)”); and
displaying the virtual object in the first viewing angle direction from the observation direction of the first virtual camera (see claim 1 above for combination of first virtual camera of Tsuitsui with the first virtual camera position of Nishida) at the camera coordinates (Nishida, par. 0135: “the update reflection unit 1424 positions the virtual camera 60 in the global coordinate system based on the updated values of various parameters (X(k+1), Y(k+1), γ(k+1), θ(k+1), ψ(k+1)) obtained in steps S1606 to S1612”).
Claims 6-8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nishida in view of Tsuitsui as applied to claims 1 and 10 above, and further in view of the game Tower Climb, as evidenced by a 2019 YouTube video entitled “Tower Climb Nintendo Switch handheld gameplay” (hereinafter “Tower Climb”).
Regarding Claims 6 and 15, modified Nishida does not explicitly disclose a circular trajectory. However, Tower Climb discloses the curved trajectory includes a circular trajectory (figs. 1-2; 00:09-00:20 of video shows the character object moving in circular trajectory along exterior of cylindrical tower); and
the displaying the virtual object in the viewing angle direction further comprises:
determining a circle center position of the circular trajectory when the virtual object moves to the circular trajectory; and determining the viewing angle direction based on the circle center position and a position of the virtual object (Tower Climb, figs. 1-2; 00:09-00:20 of video shows the virtual camera angled so it centers the player such that the center of the tower (and therefore the center of the player’s circular trajectory, which is along the exterior of the cylindrical tower) and the player object remain in a straight line which is the focus of the viewing direction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the determination of the viewing angle when depicting a circular trajectory as disclosed by Tower Climb with the second viewing angle depicting a curved trajectory as disclosed by modified Nishida in order to clearly display the object and its circular trajectory within the 3D space (Tower Climb, figs. 1-2; 00:09-00:20 of video).
Regarding Claim 7, Nishida modified by Tower Climb further discloses the determining the viewing angle direction based on the circle center position and the position of the virtual object further comprises:
controlling the circle center position, the virtual object, and the observation direction of the virtual camera to be located on a straight line (Tower Climb, figs. 1-2; 00:09-00:20 of video shows the virtual camera following the player as they move such that the center of the tower (and therefore the center of the player’s circular trajectory, which is along the exterior of the cylindrical tower), the player object, and the observation direction remain in a straight line).
The combination of the method and system of display of modified Nishida with the circular trajectory of Tower Climb described above for Claim 6 would have included this straight line.
Regarding Claim 8, Nishida modified by Tower Climb further discloses determining a connecting line between a center of the virtual camera and the virtual object when the virtual object moves along the curved trajectory; and controlling the connecting line and the curved trajectory to maintain a mutually perpendicular relationship (Examiner notes this is inherent as it is already known that the circle center position, the virtual object, and the observation direction are controlled to be located on a straight line (see claim 7 above); furthermore, since that straight line inherently includes a connecting line between the virtual camera and the virtual object and since a straight line coming from the center of the circle is mathematically known to be the normal line, that line is inherently and necessarily perpendicular to the tangent line (i.e., the trajectory tangent line extending from that point of the curved trajectory)).
The combination of the method and system of display of modified Nishida with the circular trajectory of Tower Climb described above for Claims 6-7 would have included this mutually perpendicular relationship.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
CN 111437604 (Li) teaches a game display method and device in which a virtual camera’s position and gaze angle are updated according to the position and movement of a game object.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE DOSHER whose telephone number is (571) 272-4842. The examiner can normally be reached Monday - Friday, 10 a.m. - 6 p.m. ET.
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, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.G.D./Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715
Prosecution Insights