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 .
Claim Rejections - 35 USC § 112
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11 it recites “A terminal comprising: a communicator; and a processor, …the processor generates control information including an identifier indicating the first base station…” The terminal cannot generate an identifier indicating the first base station. Base stations broadcast base station identifiers. Terminals only read and listen to these identifiers. Further, the specification states “Note that the terminals (here, terminal # 1 101_1 and terminal # 2 101_2) may transmit information such as that illustrated in FIG. 7B to base station # 1 102_1. Therefore, the terminal may obtain cell ID information included in the modulated signal transmitted by base station # 1 102_1, and may transmit this cell ID information 751 to base station # 1 102_1,” (specification, para [0271]).
There is a conflict between the claimed subject matter and the specification disclosure. This renders the scope of the claim uncertain as inconsistency with the specification disclosure makes the claim take on an unreasonable degree of uncertainty. Reference can be made to MPEP 2173.03. For the purpose of compact prosecution and art rejection, the claim will be interpreted to mean “A terminal comprising: a communicator; and a processor, …the processor acquires control information including an identifier indicating the first base station…”
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, 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, 3, 5-6, 8-9, 11-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Morishita et al. (US 20200398158 A1; hereinafter Morishita) in view of Shinya (US 20090098821 A1; hereinafter Shinya).
Regarding claim 8, Morishita teaches a server comprising: a communicator (“the server apparatus 200 includes a memory 211 including RAM, ROM, non-volatile memory, an HDD and the like, a processor 212 including a CPU and the like, an output interface 213, and a communication interface 214,” (page 4, para [0049]; Fig. 4; page 1, para [0005]). The communicator includes the communication interface.); and a processor ((page 4, para [0049]; Fig. 4).), wherein the communicator receives position information “The communication interface 214 communicates with each of the terminal devices and other server apparatuses… In the present embodiment, position information of the player in the real world may be included as one of the received information pieces. For example, the position information may be any information such as coordinate information itself detected by the terminal device 100 held by each player and information related to an area identified from the coordinate information detected,” (page 5, para [0052]).
“the processing starts when the position information detected by any of the terminal devices 100 including the terminal device 100-1 is received from the terminal device 100 (S101). Upon receiving the position information, the processor 212 executes processing to store the position information in association with the player ID in the player table (FIG. 5A). Then, the processor 212 identifies, based on the received position information, the area A1, defined in advance in the real space in the real world, where the player is located or the area A1 in the virtual space associated with the area (S102),” (page 7, para [0066]).
“The GPS sensor 114 detects the current position of the terminal device 100 by communicating with a plurality of satellites. The detected position information is transmitted to the server apparatus 200 via the communication circuit under the control of the processor 112. In the present embodiment, the sensor 113 detects the current position. However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
A first area of a first space includes the area that the player / terminal is located and / or area A1. The first terminal includes one of the terminal devices 100 in area A1 other than terminal 100-1.), the processor generates information corresponding to the first terminal (“the processor 212 controls… when the communication interface 214 receives the position information detected by the terminal device 100 held by the player from the terminal device 100 processing, processing of identifying the other players positioned in a predetermined range based on the received position information, with reference to the player table… when determined not to make the non-player character appear, processing of transmitting information about a player character associated with the other player identified, as a candidate character,” (page 5, para [0051]).
“the processor 212 refers to the player table (FIG. 5A) and identifies other players located in the area A1 including the player A (S112). Then, with reference to the player table (FIG. 5A), information about the player character of the identified other player is transmitted to the terminal device 100-1 as transfer candidate information (S113),” (page 8, para [0074]; Fig. 5A).
The information corresponding to a first terminal includes the character / avatar information of the player associated with the first terminal. The first terminal could include the terminal device held by one of the other players.), and
the communicator transmits the information to a second terminal (“the processor 212 refers to the player table (FIG. 5A) and identifies other players located in the area A1 including the player A (S112). Then, with reference to the player table (FIG. 5A), information about the player character of the identified other player is transmitted to the terminal device 100-1 as transfer candidate information (S113),” (page 8, para [0074]; Fig. 5A). The second terminal includes the terminal receiving the transmission, which can include terminal device 100-1.) displaying a first virtual space corresponding to the first area of the real space (“…among the other players located in the area A1 identified based on the position information about the player A, player characters 16-1 to 16-4 of the other players located within a range of a distance n from the current location of the player A are arranged in a virtual space 10 in association with coordinates in the real space,” (page 10, para [0091]; Fig. 11A).
“…the processor 112 puts a candidate character as a transfer destination candidate in the virtual space and controls the display 111 to display the virtual space (S404),” (page 10, para [0090]).
“…each area in the virtual space is formed in association with the real space in the real world,” (page 6, para [0059]).), and displays the information on a display screen of the second terminal (“The display 111 serves as a display unit that reads out image information stored in the memory 119 in response to an instruction from the processor 112, and displays various contents including a virtual space formed by the application according to the present embodiment (for example, FIG. 11A, FIG. 11B, FIG. 12, and FIG. 13),” (page 3, para [0041]; Fig 11A).
“According to FIG. 11A, player characters 15a and 15b associated with the player A are displayed on a player character tray 15,” (page 10, para [0094]).).
Morishita does not explicitly disclose that position information includes control information.
Shinya teaches that position information includes control information (“The GPS location information is GPS location information (latitude, longitude, and altitude) indicating a current location of the mobile phone 10, and is calculated based on GPS signals that the mobile phone 10 received from GPS artificial satellites (hereinafter, referred to as "GPS satellites"). The area location information is area location information concerning a communication management area that the mobile phone 10 is located within, and is acquired by being received from the location registration server 40. This area location information is a cell ID for identifying a cell governed by the base station 21, a location of the base station 21, and identification information of the base station 21, etc,” (page 4, para [0058]-[0059]).
“The information receiving means 302 includes a communication device for a mobile phone communication network and a CPU, etc., and receives at least one of GPS location information, area location information, and facility location information acquired by each mobile phone 10 together with date and time information indicating the date and time of acquisition of the information from the mobile phones 10 via the mobile phone communication network 20,” (Shinya; page 5, para [0067]).
“This management area may be an area consisting of one cell governed by the base station 21 that wirelessly communicates with the mobile phones, or may be an area including a plurality of cells adjacent to each other governed as one group,” (Shinya; page 5, para [0063]).
The control information includes area location information.).
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Shinya to Morishita. The motivation would have been to improve the accuracy of position / location determination. Additional motivation would have been to improve the efficiency of position / location determination. Further, Morishita suggests / invites this combination “However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
Regarding claim 1, Morishita teaches a method implemented by a server (Morishita; “…a method performed in a computer including a communication interface configured to receive from terminal devices held by players, each position information detected by each of the terminal devices…,” (page 1, para [0007]).
“…system 1 includes a plurality of terminal devices 100 including at least a terminal device 100-1 and a terminal device 100-2, and a server apparatus 200 communicably connected to the terminal devices 100 through a network 300,” (Morishita; page 3, para [0036]; Fig. 2).), the method comprising:
receiving position information Morishita; “The communication interface 214 communicates with each of the terminal devices and other server apparatuses… In the present embodiment, position information of the player in the real world may be included as one of the received information pieces. For example, the position information may be any information such as coordinate information itself detected by the terminal device 100 held by each player and information related to an area identified from the coordinate information detected,” (page 5, para [0052]).
“the processing starts when the position information detected by any of the terminal devices 100 including the terminal device 100-1 is received from the terminal device 100 (S101). Upon receiving the position information, the processor 212 executes processing to store the position information in association with the player ID in the player table (FIG. 5A). Then, the processor 212 identifies, based on the received position information, the area A1, defined in advance in the real space in the real world, where the player is located or the area A1 in the virtual space associated with the area (S102),” (Morishita; page 7, para [0066]).
“The GPS sensor 114 detects the current position of the terminal device 100 by communicating with a plurality of satellites. The detected position information is transmitted to the server apparatus 200 via the communication circuit under the control of the processor 112. In the present embodiment, the sensor 113 detects the current position. However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (Morishita; page 4, para [0047]).
A first area of a real space includes the area that the player / terminal is located and / or area A1. The first terminal includes one of the terminal devices 100 in area A1 other than terminal 100-1.); and transmitting information corresponding to the first terminal to a second terminal (Morishita; “the processor 212 refers to the player table (FIG. 5A) and identifies other players located in the area A1 including the player A (S112). Then, with reference to the player table (FIG. 5A), information about the player character of the identified other player is transmitted to the terminal device 100-1 as transfer candidate information (S113),” (page 8, para [0074]; Fig. 5A). The second terminal includes the terminal receiving the transmission, which can include terminal device 100-1.) displaying a first virtual space corresponding to the first area of the real space (Morishita; “…the processor 112 puts a candidate character as a transfer destination candidate in the virtual space and controls the display 111 to display the virtual space (S404),” (page 10, para [0090]-[0091]; Fig. 11A).
“…each area in the virtual space is formed in association with the real space in the real world,” (Morishita; page 6, para [0059]).), and
displaying an image corresponding to the first terminal on a display screen of the second terminal (Morishita; “…among the other players located in the area A1 identified based on the position information about the player A, player characters 16-1 to 16-4 of the other players located within a range of a distance n from the current location of the player A are arranged in a virtual space 10 in association with coordinates in the real space,” (page 10, para [0090] - [0091]; Fig. 11A).
“the other players in the area including the player are displayed on the terminal device as the candidate characters of the transfer destination,” (Morishita; pages 2-3, para [0032]).
“The display 111 serves as a display unit that reads out image information stored in the memory 119 in response to an instruction from the processor 112, and displays various contents including a virtual space formed by the application according to the present embodiment (for example, FIG. 11A, FIG. 11B, FIG. 12, and FIG. 13),” (Morishita; page 3, para [0041]; Fig 11A).
“According to FIG. 11A, player characters 15a and 15b associated with the player A are displayed on a player character tray 15,” (Morishita; page 10, para [0094]).
An image corresponding to the first terminal includes the player character images of the other players as seen in Fig. 11A.).
Morishita does not explicitly disclose that position information includes control information.
Shinya teaches that position information includes control information (“The GPS location information is GPS location information (latitude, longitude, and altitude) indicating a current location of the mobile phone 10, and is calculated based on GPS signals that the mobile phone 10 received from GPS artificial satellites (hereinafter, referred to as "GPS satellites"). The area location information is area location information concerning a communication management area that the mobile phone 10 is located within, and is acquired by being received from the location registration server 40. This area location information is a cell ID for identifying a cell governed by the base station 21, a location of the base station 21, and identification information of the base station 21, etc,” (page 4, para [0058]-[0059]).
“The information receiving means 302 includes a communication device for a mobile phone communication network and a CPU, etc., and receives at least one of GPS location information, area location information, and facility location information acquired by each mobile phone 10 together with date and time information indicating the date and time of acquisition of the information from the mobile phones 10 via the mobile phone communication network 20,” (Shinya; page 5, para [0067]).
“This management area may be an area consisting of one cell governed by the base station 21 that wirelessly communicates with the mobile phones, or may be an area including a plurality of cells adjacent to each other governed as one group,” (Shinya; page 5, para [0063]).
The control information includes area location information.).
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Shinya to Morishita. The motivation would have been to improve the accuracy of position / location determination. Additional motivation would have been to improve the efficiency of position / location determination. Further, Morishita suggests / invites this combination “However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
Regarding claim 9, Morishita teaches a method implemented by a terminal (Morishita; “…a method performed in a computer including a communication interface configured to receive from terminal devices held by players, each position information detected by each of the terminal devices…,” (page 1, para [0007]).
“…system 1 includes a plurality of terminal devices 100 including at least a terminal device 100-1 and a terminal device 100-2, and a server apparatus 200 communicably connected to the terminal devices 100 through a network 300,” (Morishita; page 3, para [0036]; Fig. 2).),
transmitting position information Morishita; “the processor 112 stores the acquired position information in the memory 119 in association with the player ID of the player A, and transmits the position information stored in the memory 119 together with the player ID to the server apparatus 200 (S402),” (page 9, para [0088]).
The identifier indicating a terminal to a server includes the player ID.) that provides a first virtual space corresponding to the first area of the real space (Morishita; “…among the other players located in the area A1 identified based on the position information about the player A, player characters 16-1 to 16-4 of the other players located within a range of a distance n from the current location of the player A are arranged in a virtual space 10 in association with coordinates in the real space,” (page 10, para [0090]-[0091]; Fig. 11A).
“…each area in the virtual space is formed in association with the real space in the real world,” (Morishita; page 6, para [0059]).
“the processor 212 identifies, based on the received position information, the area A1, defined in advance in the real space in the real world, where the player is located or the area A1 in the virtual space associated with the area,” (Morishita; page 7, para [0065]-[0066]).
“…system 1 includes a plurality of terminal devices 100 including at least a terminal device 100-1 and a terminal device 100-2, and a server apparatus 200 communicably connected to the terminal devices 100 through a network 300,” (Morishita; page 3, para [0036]; Fig. 2).
Morishita’s server apparatus provides a first virtual space corresponding to the first area of the real space. ).
Morishita is not relied upon teaching but Shinya teaches the method comprising: communicating with a first base station arranged in a first area of a real space (Shinya; “This information delivery system includes mobile phones 10, a mobile phone communication network 20 as a communication network, and an information providing server 30 as the information delivery apparatus connected to the mobile phone communication network 20. The mobile phone communication network 20 includes not only a base station 21 which directly performs wireless communication with the mobile phone 10,” (page 4, para [0058]-[0059]).
“This management area may be an area consisting of one cell governed by the base station 21 that wirelessly communicates with the mobile phones,” (Shinya; page 5, para [0063]).
The first terminal includes a mobile phone. The first area includes the management area.); and
transmitting control information including an identifier indicating the first base station (Shinya; “The GPS location information is GPS location information (latitude, longitude, and altitude) indicating a current location of the mobile phone 10, and is calculated based on GPS signals that the mobile phone 10 received from GPS artificial satellites (hereinafter, referred to as "GPS satellites"). The area location information is area location information concerning a communication management area that the mobile phone 10 is located within, and is acquired by being received from the location registration server 40. This area location information is a cell ID for identifying a cell governed by the base station 21, a location of the base station 21, and identification information of the base station 21, etc,” (page 4, para [0059]).
“The information receiving means 302 includes a communication device for a mobile phone communication network and a CPU, etc., and receives at least one of GPS location information, area location information, and facility location information acquired by each mobile phone 10 together with date and time information indicating the date and time of acquisition of the information from the mobile phones 10 via the mobile phone communication network 20,” (Shinya; page 5, para [0067]).
“This management area may be an area consisting of one cell governed by the base station 21 that wirelessly communicates with the mobile phones, or may be an area including a plurality of cells adjacent to each other governed as one group,” (Shinya; page 5, para [0063]).
The control information includes area location information. An identifier indicating the first base station includes a cell ID and / or identification information of base station 21.)
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Shinya to Morishita. The motivation would have been to improve the accuracy of position / location determination. Additional motivation would have been to improve the efficiency of position / location determination. Further, Morishita suggests / invites this combination “However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
Regarding claim 11, Morishita teaches a terminal comprising: a communicator (“the terminal device 100 includes: a display 111; a processor 112; a sensor 113 including a GPS sensor 114, a gyro sensor 115, an acceleration sensor 116, and a geomagnetic sensor 123; a communication interface 117 including a communication processing circuit 118 and an antenna,” (page 3, para [0040]). The communicator includes the communication interface.); and a processor (“the terminal device 100 includes: a display 111; a processor 112,” (page 3, para [0040]).
“The communication interface 117 functions as a communication unit that transmits/receives information to/from the server apparatus 200 or another terminal device remotely installed, via the communication processing circuit 118 and the antenna,” (page 4, para [0045]).), the processor acquires position information and an identifier indicating the terminal (Morishita; “the processor 112 stores the acquired position information in the memory 119 in association with the player ID of the player A, and transmits the position information stored in the memory 119 together with the player ID to the server apparatus 200 (S402),” (page 9, para [0088]). The identifier indicating a terminal to a server includes the player ID.), and the communicator transmits the position information and player ID Morishita; “the processor 112 stores the acquired position information in the memory 119 in association with the player ID of the player A, and transmits the position information stored in the memory 119 together with the player ID to the server apparatus 200 (S402),” (page 9, para [0088]).) that provides a first virtual space corresponding to the first area of the real space (Morishita; “…among the other players located in the area A1 identified based on the position information about the player A, player characters 16-1 to 16-4 of the other players located within a range of a distance n from the current location of the player A are arranged in a virtual space 10 in association with coordinates in the real space,” (page 10, para [0090]-[0091]; Fig. 11A).
“…each area in the virtual space is formed in association with the real space in the real world,” (Morishita; page 6, para [0059]).
“the processor 212 identifies, based on the received position information, the area A1, defined in advance in the real space in the real world, where the player is located or the area A1 in the virtual space associated with the area,” (Morishita; page 7, para [0065]-[0066]).
“…system 1 includes a plurality of terminal devices 100 including at least a terminal device 100-1 and a terminal device 100-2, and a server apparatus 200 communicably connected to the terminal devices 100 through a network 300,” (Morishita; page 3, para [0036]; Fig. 2).
Morishita’s server apparatus provides a first virtual space corresponding to the first area of the real space.).
Morishita does not teach but Shinya teaches wherein the communicator is communicating with a first base station arranged in a first area of a real space (Shinya; “The wireless communication unit 114 is controlled by the control unit 111, and wirelessly communicates with the base station 21 of the mobile phone communication network 20 via the antenna 114,” (Shinya; page 7, para [0080]; page 4, para [0058]-[0059]).
“This management area may be an area consisting of one cell governed by the base station 21 that wirelessly communicates with the mobile phones,” (Shinya; page 5, para [0063]).
The communicator includes the communication unit. A first area of a real space includes a management area.), the processor generates control information including an identifier indicating the first base station (For the purpose of compact prosecution and art rejection, the claim will be interpreted to mean “A terminal comprising: a communicator; and a processor, …the processor acquires control information including an identifier indicating the first base station…”
Shinya; “The GPS location information is GPS location information (latitude, longitude, and altitude) indicating a current location of the mobile phone 10, and is calculated based on GPS signals that the mobile phone 10 received from GPS artificial satellites (hereinafter, referred to as "GPS satellites"). The area location information is area location information concerning a communication management area that the mobile phone 10 is located within, and is acquired by being received from the location registration server 40. This area location information is a cell ID for identifying a cell governed by the base station 21, a location of the base station 21, and identification information of the base station 21, etc,” (page 4, para [0059]).
“The information receiving means 302 includes a communication device for a mobile phone communication network and a CPU, etc., and receives at least one of GPS location information, area location information, and facility location information acquired by each mobile phone 10 together with date and time information indicating the date and time of acquisition of the information from the mobile phones 10 via the mobile phone communication network 20,” (Shinya; page 5, para [0067]).
The mobile phones generate the message / packet that gets sent to the server / information receiving means. Generating control information includes generating the message / packet which includes the area location information. The control information includes area location information. An identifier indicating the first base station includes a cell ID and / or identification information of base station 21.) and an identifier indicating the terminal (Shinya; “additionally stores user identification information for identifying a user, at least one of the GPS location information, area location information and facility location information received by the information receiving means 302,” (page 6, para [0071]). The identifier indicating a terminal to a server includes the user identification information.),
Further, Morishita does not explicitly disclose that position information includes control information.
Shinya teaches that position information includes control information (“The GPS location information is GPS location information (latitude, longitude, and altitude) indicating a current location of the mobile phone 10, and is calculated based on GPS signals that the mobile phone 10 received from GPS artificial satellites (hereinafter, referred to as "GPS satellites"). The area location information is area location information concerning a communication management area that the mobile phone 10 is located within, and is acquired by being received from the location registration server 40. This area location information is a cell ID for identifying a cell governed by the base station 21, a location of the base station 21, and identification information of the base station 21, etc,” (page 4, para [0059]).
“The information receiving means 302 includes a communication device for a mobile phone communication network and a CPU, etc., and receives at least one of GPS location information, area location information, and facility location information acquired by each mobile phone 10 together with date and time information indicating the date and time of acquisition of the information from the mobile phones 10 via the mobile phone communication network 20,” (Shinya; page 5, para [0067]).
“This management area may be an area consisting of one cell governed by the base station 21 that wirelessly communicates with the mobile phones, or may be an area including a plurality of cells adjacent to each other governed as one group,” (Shinya; page 5, para [0063]).
The control information includes area location information.).
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Shinya to Morishita. The motivation would have been to improve the accuracy of position / location determination. Additional motivation would have been to improve the efficiency of position / location determination. Further, Morishita suggests / invites this combination “However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
Regarding claim 14, Morishita teaches a base station (Morishita; “The GPS sensor 114 detects the current position of the terminal device 100 by communicating with a plurality of satellites. The detected position information is transmitted to the server apparatus 200 via the communication circuit under the control of the processor 112. In the present embodiment, the sensor 113 detects the current position. However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).)
the processor generates position information and an identifier indicating the first terminal (Morishita; “the processor 112 stores the acquired position information in the memory 119 in association with the player ID of the player A, and transmits the position information stored in the memory 119 together with the player ID to the server apparatus 200 (S402),” (page 9, para [0088]). The identifier indicating a terminal to a server includes the player ID.), and the communicator transmits the position information and player ID to a server (Morishita; “the processor 112 stores the acquired position information in the memory 119 in association with the player ID of the player A, and transmits the position information stored in the memory 119 together with the player ID to the server apparatus 200 (S402),” (page 9, para [0088]).) that provides a first virtual space corresponding to the first area of the real space (Morishita; “…among the other players located in the area A1 identified based on the position information about the player A, player characters 16-1 to 16-4 of the other players located within a range of a distance n from the current location of the player A are arranged in a virtual space 10 in association with coordinates in the real space,” (page 10, para [0090]-[0091]; Fig. 11A).
“…each area in the virtual space is formed in association with the real space in the real world,” (Morishita; page 6, para [0059]).
“the processor 212 identifies, based on the received position information, the area A1, defined in advance in the real space in the real world, where the player is located or the area A1 in the virtual space associated with the area,” (Morishita; page 7, para [0065]-[0066]).
“…system 1 includes a plurality of terminal devices 100 including at least a terminal device 100-1 and a terminal device 100-2, and a server apparatus 200 communicably connected to the terminal devices 100 through a network 300,” (Morishita; page 3, para [0036]; Fig. 2).
Morishita’s server apparatus provides a first virtual space corresponding to the first area of the real space.).
Morishita is not relied upon teaching but Shinya teaches a base station arranged in a first area of a real space, the base station comprising: a communicator; and a processor (Shinya; “The mobile phone communication network 20 includes not only a base station 21 which directly performs wireless communication with the mobile phone 10,” (page 4, para [0058]-[0059]).
“This management area may be an area consisting of one cell governed by the base station 21 that wirelessly communicates with the mobile phones, or may be an area including a plurality of cells adjacent to each other governed as one group. A typical size of one management area is several kilometers through several hundred meters,” (Shinya; page 5, para [0063]).
A first area of a real space includes a management area. The wireless communication / transmitting necessitates a communicator and a processor.),
wherein the communicator is communicating with a first terminal in the first area of the real space (Shinya; “The mobile phone communication network 20 includes not only a base station 21 which directly performs wireless communication with the mobile phone 10,” (page 4, para [0058]-[0059]).
“The GPS location information is GPS location information (latitude, longitude, and altitude) indicating a current location of the mobile phone 10, and is calculated based on GPS signals that the mobile phone 10 received from GPS artificial satellites (hereinafter, referred to as "GPS satellites"). The area location information is area location information concerning a communication management area that the mobile phone 10 is located within, and is acquired by being received from the location registration server 40. This area location information is a cell ID for identifying a cell governed by the base station 21, a location of the base station 21, and identification information of the base station 21, etc,” (Shinya; page 4, para [0059]).
“… acquires area location information such as a base station location or a cell ID concerning a communication management area in which the mobile phone 10 is within,” (Shinya; page 9, para [0099].)
A first terminal includes mobile phone 10.),
the processor generates control information including an identifier indicating a first base station (Shinya; “The area location information is area location information concerning a communication management area that the mobile phone 10 is located within, and is acquired by being received from the location registration server 40. This area location information is a cell ID for identifying a cell governed by the base station 21, a location of the base station 21, and identification information of the base station 21, etc,” (Shinya; page 4, para [0059]). An identifier indicating the first base station includes a cell ID and / or identification information of base station 21. The control information includes area location information.)
Further, Morishita does not explicitly disclose that position information includes control information.
Shinya teaches that position information includes control information (“The GPS location information is GPS location information (latitude, longitude, and altitude) indicating a current location of the mobile phone 10, and is calculated based on GPS signals that the mobile phone 10 received from GPS artificial satellites (hereinafter, referred to as "GPS satellites"). The area location information is area location information concerning a communication management area that the mobile phone 10 is located within, and is acquired by being received from the location registration server 40. This area location information is a cell ID for identifying a cell governed by the base station 21, a location of the base station 21, and identification information of the base station 21, etc,” (page 4, para [0059]).
“The information receiving means 302 includes a communication device for a mobile phone communication network and a CPU, etc., and receives at least one of GPS location information, area location information, and facility location information acquired by each mobile phone 10 together with date and time information indicating the date and time of acquisition of the information from the mobile phones 10 via the mobile phone communication network 20,” (Shinya; page 5, para [0067]).
“This management area may be an area consisting of one cell governed by the base station 21 that wirelessly communicates with the mobile phones, or may be an area including a plurality of cells adjacent to each other governed as one group,” (Shinya; page 5, para [0063]).
The control information includes area location information.).
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Shinya to Morishita. The motivation would have been to improve the accuracy of position / location determination. Additional motivation would have been to improve the efficiency of position / location determination. Further, Morishita suggests / invites this combination “However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
Regarding claim 12, it is rejected using the same citations and rationales described in the rejection of claim 14.
Regarding claim 3, Morishita in view of Shinya teaches the method according to claim 1, wherein the control information is information indicating that the first terminal is communicating with a first base station (Shinya; “The GPS location information is GPS location information (latitude, longitude, and altitude) indicating a current location of the mobile phone 10, and is calculated based on GPS signals that the mobile phone 10 received from GPS artificial satellites (hereinafter, referred to as "GPS satellites"). The area location information is area location information concerning a communication management area that the mobile phone 10 is located within, and is acquired by being received from the location registration server 40. This area location information is a cell ID for identifying a cell governed by the base station 21, a location of the base station 21, and identification information of the base station 21, etc,” (page 4, para [0058]-[0059]).
“The information receiving means 302 includes a communication device for a mobile phone communication network and a CPU, etc., and receives at least one of GPS location information, area location information, and facility location information acquired by each mobile phone 10 together with date and time information indicating the date and time of acquisition of the information from the mobile phones 10 via the mobile phone communication network 20,” (Shinya; page 5, para [0067]).
“This management area may be an area consisting of one cell governed by the base station 21 that wirelessly communicates with the mobile phones, or may be an area including a plurality of cells adjacent to each other governed as one group,” (Shinya; page 5, para [0063]).
The control information includes area location information. The first terminal includes a mobile phone. Information indicating that the first terminal is communicating with a first base station includes a cell ID and / or identification information of the base station.).
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Shinya to Morishita. The motivation would have been to improve the accuracy of position / location determination. Additional motivation would have been to improve the efficiency of position / location determination. Further, Morishita suggests / invites this combination “However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
Regarding claim 5, Morishita in view of Shinya teach the method according to claim 3, wherein the first virtual space is associated with the first area of the real space and a second area of the real space different from the first area of the real space (Morishita; “In the present embodiment, each area in the virtual space is formed in association with the real space in the real world. For example, each area in the virtual space is generated in association with each district in the real space such as municipality and/or a prefecture… In addition, each of the areas forming the virtual space is associated with an area (municipality and prefecture) forming the real space as mentioned above,” (page 6, para [0059]).
“According to FIG. 12, the player character C1 is associated with the non-player character N2, that is, transferred so as to move through areas A1, A4, A3, and A7 in this order in accordance with the movement of the non-player character N2 in the virtual space 10,” (Morishita; pages 10-11, para [0097]; Fig. 12).
The virtual space includes areas A1, A4, A3, and A7. The first area of the real space includes the district / municipality and/or a prefecture associated with A1. The second area of the real space includes the district / municipality and/or a prefecture associated with area A3, A4, or A7, etc.).
Regarding claim 6, Morishita in view of Shinya teach the method according to claim 3, wherein the first area of the real space is associated with a first area of the first virtual space (Morishita; “…the processor 212 identifies, based on the received position information, the area A1, defined in advance in the real space in the real world, where the player is located or the area A1 in the virtual space associated with the area (S102),” (page 7, para [0066]).
“In the present embodiment, each area in the virtual space is formed in association with the real space in the real world. For example, each area in the virtual space is generated in association with each district in the real space such as municipality and/or a prefecture… In addition, each of the areas forming the virtual space is associated with an area (municipality and prefecture) forming the real space as mentioned above,” (Morishita; page 6, para [0059]).).
Claims 4, 7, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Morishita in view of Shinya in further view of Koshiba (JP2001326960A; hereinafter Koshiba).
Regarding claim 10, Morishita in view of Shinya teach the method according to claim 9, further comprising: Morishita; “the processor 112 stores the acquired position information in the memory 119 in association with the player ID of the player A, and transmits the position information stored in the memory 119 together with the player ID to the server apparatus 200 (S402),” (page 9, para [0088]).).
Morishita in view of Shinya are not relied upon teaching performing sensing between the first base station and the terminal to generate position information of the terminal.
Koshiba teaches performing sensing between the first base station and the terminal to generate position information of the terminal (“Furthermore, in the present invention, in addition to the means of using the base station ID and latitude/longitude information described above as a means of determining the location of the mobile terminal 31, the mobile terminal 31 may receive radio waves transmitted from multiple base stations, for example, three base stations 41, 42, and 43, and the distance between each base station 41, 42, and 43 and the mobile terminal 31 may be determined from the arrival time of the radio waves, and the location information of the mobile terminal 31 may be determined using triangulation based on these distances…,” (pages 46-47, para [0040]). Sensing includes receiving radio waves.); and
transmitting the position information to the server (“In this configuration, the location information obtained by triangulation is transmitted from the mobile terminal 31 to the information distribution server 8, and the communication area to which the mobile terminal 31 belongs is identified. The control of area information distribution on the information distribution server 8, and the memory management based on position information obtained from triangulation, are the same as described above,” (pages 46-47, para [0040]).).
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Koshiba to Morishita in view of Shinya. The motivation would have been to improve the accuracy of position / location determination. Additional motivation would have been to improve the efficiency of position / location determination. Further, Morishita suggests / invites this combination “However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
Regarding claim 13, the method according to claim 12, further comprising: Morishita; “the processor 112 stores the acquired position information in the memory 119 in association with the player ID of the player A, and transmits the position information stored in the memory 119 together with the player ID to the server apparatus 200 (S402),” (page 9, para [0088]).).
Morishita in view of Shinya are not relied upon teaching performing sensing to generate position information of the first terminal;
Koshiba teaches performing sensing to generate position information of the first terminal (“Furthermore, in the present invention, in addition to the means of using the base station ID and latitude/longitude information described above as a means of determining the location of the mobile terminal 31, the mobile terminal 31 may receive radio waves transmitted from multiple base stations, for example, three base stations 41, 42, and 43, and the distance between each base station 41, 42, and 43 and the mobile terminal 31 may be determined from the arrival time of the radio waves, and the location information of the mobile terminal 31 may be determined using triangulation based on these distances…,” (pages 46-47, para [0040]). Sensing includes receiving radio waves.); and
transmitting the position information to the server (“In this configuration, the location information obtained by triangulation is transmitted from the mobile terminal 31 to the information distribution server 8, and the communication area to which the mobile terminal 31 belongs is identified. The control of area information distribution on the information distribution server 8, and the memory management based on position information obtained from triangulation, are the same as described above,” (pages 46-47, para [0040]).).
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Koshiba to Morishita in view of Shinya. The motivation would have been to improve the accuracy of position / location determination. Additional motivation would have been to improve the efficiency of position / location determination. Further, Morishita suggests / invites this combination “However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
Regarding claim 4, Morishita in view of Shinya are not relied upon teaching but Koshiba teaches the method according to claim 3, wherein the first area of the real space is associated with the first base station and a second base station different from the first base station (“In this figure, only communication area 1 and communication area 2 are shown among the multiple divided communication areas. Base stations 41 and 42 are installed in communication area 1, and base stations 43 and 44 are installed in communication area 2. The number of base stations within a communication area can be appropriately set depending on the size and shape of the communication area,” (pages 19-20, para [0018]).
“As shown in Figure 4, the information distribution server 8 registers the base station ID and area information in a database for each communication area.
For example, if the base station IDs for base stations 41, 42, 43, and 44 are ID-A, ID-B, ID-C, and ID-D respectively, then ID-A and ID-B are registered as base station IDs corresponding to communication area 1. Additionally, as part of the area information, coupon information for Department Store X, located in communication area 1, is registered. This coupon information includes the content from the aforementioned email and web page. Additionally, ID-C and ID-D are registered as base station IDs corresponding to communication area 2. Additionally, as part of the area information, coupon information for Department Store Y, located in communication area 2, is registered,” (pages 28-29, para [0025]).
A first area of the real space includes a communication area such as communication area 1. A first base station includes base station 41. A second base station includes base station 42.).
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Koshiba to Morishita in view of Shinya. The motivation would have been to allow for coverage of a communication area / first area that has a size and / or shape that cannot be appropriately covered by a single base station (Koshiba; pages 19-20, para [0018]). Additional motivation would have been to increase network capacity and / or increase reliability. Additional motivation would have been to improve the accuracy of position / location determination. Additional motivation would have been to improve the efficiency of position / location determination. Further, Morishita suggests / invites this combination “However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
Regarding claim 7, Morishita in view of Shinya teach the method according to claim 3, further comprising: Morishita; “player characters 16-1 to 16-4 of the other players located within a range of a distance n from the current location of the player A are arranged in a virtual space 10 in association with coordinates in the real space,” (para [0091]).
“The “position information” is information indicating the current location of each player. The information is updated as appropriate, with the present position information, detected by each terminal device, received,” (Morishita; pages 5-6, para [0055]).
“processing of moving the player character in accordance with the movement of the received candidate character in the virtual space.” (Morishita; page 5, para [0051]).).
Morishita in view of Shinya is not relied upon teaching but Koshiba teaches obtaining position information of the first terminal from the first base station (Koshiba; “As the aforementioned location information, the following can be used: identification information unique to the base station transmitted from the base station of the mobile terminal; latitude and longitude information of the mobile terminal obtained from GPS signals transmitted from GPS satellites; or location information of the mobile terminal obtained by triangulation based on the distance between each base station and the mobile terminal obtained from signals transmitted from multiple base stations of the mobile terminal,” (pages 12-13, para [0012]).
“Furthermore, in the present invention, in addition to the means of using the base station ID and latitude/longitude information described above as a means of determining the location of the mobile terminal 31, the mobile terminal 31 may receive radio waves transmitted from multiple base stations, for example, three base stations 41, 42, and 43, and the distance between each base station 41, 42, and 43 and the mobile terminal 31 may be determined from the arrival time of the radio waves, and the location information of the mobile terminal 31 may be determined using triangulation based on these distances…,” (Koshiba; pages 46-47, para [0040]). Position information includes location information / location.);
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Koshiba to Morishita in view of Shinya. The motivation would have been to improve the accuracy of position / location determination. Additional motivation would have been to improve the efficiency of position / location determination. Further, Morishita suggests / invites this combination “However, the present invention is not limited to this, and any current location information such as information about a Wi-Fi access point or a base station of broadband wireless communications can be used,” (page 4, para [0047]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Morishita in view of Shinya in further view of Fukushige et al. (JP 2020035392 A; hereinafter Fukushige).
Regarding claim 2, Morishita in view of Shinya is not relied upon teaching but Fukushige teaches the method according to claim 1, wherein the second terminal is located outside the first area of the real space (“the second user 1b is in a location away from the actual site, such as indoors, and displays a free-viewpoint video of the virtual space on the terminal held by the second user 1b, while the first user 1a is in a real space corresponding to the location of the free-viewpoint video being viewed by the second user 1b, and displays a video of that real space that has been filmed, with each user displaying their own avatar on the other's display image,” (pages 66-67, para [0053]; page 8-9, para [0008]).
“a second user 1b, who is indoors or elsewhere, sends their avatar 21b, which is their alter ego, to a location in the real world that is far away (such as a tourist spot or a shop), and then sends that second avatar 21b to the first mobile terminal 10a of the first user 1a, who is at that location, to communicate,” (pages 30-31, para [0026]).
The second terminal includes the terminal held by the second user 1b.).
Before the effective filling date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Fukushige to Morishita in view of Shinya. The motivation would have been to “[give] people in different locations the feeling that they are in the same space,” (Fukushige; pages 63-64, para [0050]). Additional motivation would have been to improve user experience.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yoo (KR 20140108436 A) – teaches the state of the art of displaying avatars of users on a terminal who are located in a different area of the terminal like that of claim 2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA G THERKORN whose telephone number is (571)272-2939. The examiner can normally be reached Monday - Friday 9:00am - 5:00pm.
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, Devona Faulk can be reached at 571-272-7515. 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.
/ERICA G THERKORN/Examiner, Art Unit 2618
/DEVONA E FAULK/Supervisory Patent Examiner, Art Unit 2618
Prosecution Insights