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 Sept 14, 2026, with respect to how the newly amended claim features of claim 1 differ from the prior art cited in the last office have been fully considered. These arguments are found to be persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in this office action.
Allowable Subject Matter
Claims 3 is 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.
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 of this title, 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.
Claims 1-2 and 4-7 are rejected under 35 U.S.C. 103 as obvious over Aksamit et al. (Pub No. US 20230398427 A1) in view of NPL Video Titled “Wii Sports - Golf”, published 2016; available for viewing at: https://www.youtube.com/watch?v=-Mm7xoaTzdM, herein referred to as “Wii_Golf”).
As per claim 1, Aksamit teaches the claimed:
A providing apparatus comprising:
a real space information acquisition unit configured to acquire position information on a real object present in a real space in which a user is present ([0062] where one or more cameras are used to create a video pass through effect. In [0094] where optical tracking is used to help track and acquire the position of a real world golf club held by the user wearing a head-mounted display (HMD)).
a virtual space information acquisition unit configured to acquire position information on a virtual object present in a virtual space (In figure 6D and towards the end of [0133] where position information for a virtual golf ball object is acquired);
a user behavior determination unit configured to determine whether the user has performed a predetermined behavior with respect to the real object in the real space (In [0014] “… For example, in a golf simulation embodiment, the user may swing a real world golf club attempting to hit a virtual golf ball with the velocity, angle of attack, rotation, arc, type of golf club, and acceleration of the golf club determining the inputs to the simulated trajectory of the virtual golf ball “hit” by the real world physical club.”); and
a virtual space providing unit configured to make the position information in the real space and the position information in the virtual space consistent (In figures 6D where position information of the real world golf club is aligned with the position of the virtual golf ball and other virtual objects, e.g. golf club trajectory markers 320 and the virtual golf ball trajectory 629),
to generate a transition video that indicates a state between the real space and the virtual space when the user behavior determination unit determines that the user has performed the predetermined behavior with respect to the real object in the real space ([0085] “This transition from AR to VR (or vice versa) 309 can be a simple switch from AR with a view of the real world immediately surrounding environment changing to the VR simulation instantaneously. Alternatively and preferably, the transition from AR to VR (or vice versa) can be a gradual video dissolve from the real world immediately surrounding environment to the VR simulated environment 302 over a predetermined time period. The exact timing of this preferred video dissolve will vary depending on the simulation, but in the exemplary golf simulation and training simulation of FIGS. 2B thru 2F the video dissolve would typically happen over a time period of approximately 1.5 seconds.” And the end of [0084] “… For example, a transition from AR to VR may be initiated only if both the user's head looks up and the swing of a golf club has also been detected.”),
and to provide a transition space that includes the transition video before providing the virtual space to the user ([0085] “… Alternatively and preferably, the transition from AR to VR (or vice versa) can be a gradual video dissolve from the real world immediately surrounding environment to the VR simulated environment 302 over a predetermined time period. The exact timing of this preferred video dissolve will vary depending on the simulation, but in the exemplary golf simulation and training simulation of FIGS. 2B thru 2F the video dissolve would typically happen over a time period of approximately 1.5 seconds.”
According to this passage, the transition space and transition video is displayed for a period of time, e.g. 1.5 seconds before the virtual space is provided to the user (where the virtual space is the immersive display of the virtual world, e.g. virtual golf course));
wherein the transition video is a video that comprises a part of a video of the real space and a part of a video of the virtual space ([0085] “… Alternatively and preferably, the transition from AR to VR (or vice versa) can be a gradual video dissolve from the real world immediately surrounding environment to the VR simulated environment 302 over a predetermined time period.”
In this passage, they refer to a “gradual video dissolve” where parts of the real-world are displayed along with parts of the virtual space and that these amounts change gradually), and
With regards to the claimed “the virtual space providing unit provides the virtual space that includes only the video of the virtual space and a sound of the virtual space after providing the transition space that includes the transition video”, it is noted that Aksamit teaches of playing a sound when the ball is hit ([0061] “… VR as used in the claims and in the corresponding portions of the specification denotes complete immersion into the computer generated experience with no visual real world environment admitted and may also include audio.” And the end of [0074] “… Optionally and preferably, if the golf club's 213 clip-on tracking device 214 is equipped with an audio speaker the device can simulate the sound of a golf ball being hit the moment the physical club would have impacted the virtual ball.”). However it is not 100% clear whether this sounds occurs during the transition video or after.
However, the combination of Aksamit and Wii_Golf teaches this claimed feature:
the virtual space providing unit provides the virtual space that includes only the video of the virtual space and a sound of the virtual space after providing the transition space that includes the transition video (Wii_Golf shows that it was known in the art to play a sound when the golf ball hits the ground after it has been hit within a virtual golf simulating program (e.g. please see the video around 0:53 to 0:58 seconds where it shows the golf ball landing and making sounds in the virtual space, i.e. virtual golf course). Since, Aksamit teaches that the transition video plays for only 1.5 seconds, a golf ball travelling through the air in Wii_Golf for longer than 1.5 seconds would result in the sound being played after the transition video when these 2 references are combined).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to play the sound of the golf ball more than 1.5 seconds after it was hit as taught by Wii_Golf with the system of Aksamit in order to better illustrate to the player when the golf is hitting the ground and how it is interacting with the virtual golf course.
As per claim 2, Aksamit teaches the claimed:
The providing apparatus according to claim 1, wherein the virtual space providing unit is further configured to generate the transition video in accordance with a type of the real object (This is taught in [0085] and the end of [0084] where the transition video is initially based upon one or more users starting to swing their golf clubs. Thus, the transition video is generated according to having a golf club type of real object. Figures 4A-4E and [0121] teach of another transition video being generated in accordance with a different type of real object, e.g. by holding the controller in her hands).
As per claim 4, Aksamit teaches the claimed:
The providing apparatus according to claim 1, wherein
the virtual space providing unit outputs the video of the virtual space in which a display region of the virtual space is gradually increased ([0085] “… Alternatively and preferably, the transition from AR to VR (or vice versa) can be a gradual video dissolve from the real world immediately surrounding environment to the VR simulated environment 302 over a predetermined time period. The exact timing of this preferred video dissolve will vary depending on the simulation, but in the exemplary golf simulation and training simulation of FIGS. 2B thru 2F the video dissolve would typically happen over a time period of approximately 1.5 seconds.”), when the user behavior determination unit determines that the user has performed the predetermined behavior on the real object in the virtual space (The end of [0084] “… For example, a transition from AR to VR may be initiated only if both the user's head looks up and the swing of a golf club has also been detected.”)
As per claim 5, Aksamit teaches the claimed:
The providing apparatus according to claim 1, further comprising:
a position information acquisition unit configured to acquire user position information that is information indicating a position of the user in the virtual space (Please see figure 6D where the position of the user’s hands is tracked by way of the tracking the movement of the golf club swing. Also, please see figure 6C where a user’s position is tracked to show their silhouette in the virtual space 612)
), wherein the position information acquisition unit is further configured to acquire the user position information such that the position information on the virtual object with respect to the user in the virtual space corresponds to the position information on the real object with respect to the user in the real space (Figures 6C and 6D where the virtual golf club object and virtual golf ball being hit are tracked with respect to the user’s position and the position of their hands used to hold the real world golf club and swinging).
As per claim 6, Aksamit teaches the claimed:
The providing apparatus according to claim 1, wherein
the virtual space providing unit is further configured to output, as the transition video, a video in which the virtual object that has a same size and a same shape as those of the real object is superimposed on the real object (In figures 6C and 6D where virtual golf club object has the same size and shape as the real world golf club object during the transition video. Also, please see in figure 2D where the virtual golf club 213’ has the same size and shape as the real object golf club 213 held by the user. Also, please see [0071]).
As per claim 7, this claim is similar in scope to limitations recited in claim 1, and thus is rejected under the same rationale.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH Y. LEE whose telephone number is (571)272-8374. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel F. Hajnik can be reached at (571) 272-7642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SARAH Y. LEE
Examiner
Art Unit 2616
/DANIEL F HAJNIK/Supervisory Patent Examiner, Art Unit 2616
