DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3, 4, 6-16 and 19-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 8, 11 and 18 of U.S. Patent No. US12236538B2 (reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed scope of the instant application is broader than the reference patent. Therefore, the reference patent anticipates the instant application.
The following table illustrates the conflicting claim pairs:
Instant Application
1
3
4
6
7
8
9
10
11
12
13
14
15
16
19
20
21
Reference Patent
1
4
4
2
1
1
1
1
1
1
3
3
2
1
8
18
11
Claims of the instant application are compared to claims of Reference Patent in the following tables.
Instant Application
Reference Patent
1. A viewing terminal, comprising a processor configured to:
cause a display device to display a virtual space:
obtain an image including at least an area within reach of a user in a real space;
extract a part including at least the area within reach of the user from the image; and
project the extracted part on a virtual area in the virtual space, the virtual area corresponding to the area within reach of the user in the real space.
1. A viewing terminal, comprising a processor configured to:
cause a display device to display a virtual space according to virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing a class given in the virtual space;
receive a video image capturing the real space including at least the real object;
extract a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object; and
perform image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object.
Instant Application
Reference Patent
3. The viewing terminal of claim 1, wherein the processor is configured to obtain a position of the area within reach of the user.
4. The viewing terminal of claim 3, wherein the processor is further configured to:
measure a position and a size of the desk of the student in the real space; and
adjust a position and a size of the desk object according to a result of the measurement.
Instant Application
Reference Patent
4. The viewing terminal of claim 1, wherein the processor is configured to obtain a size of the area within reach of the user.
4. The viewing terminal of claim 3, wherein the processor is further configured to:
measure a position and a size of the desk of the student in the real space; and
adjust a position and a size of the desk object according to a result of the measurement.
Instant Application
Reference Patent
6. The viewing terminal of claim 1, comprising the display device integrally.
2. The viewing terminal of claim 1, wherein
the display device is a head mounted display including a camera, and
the video image is a video image captured by the camera.
Instant Application
Reference Patent
7. The viewing terminal of claim 1, wherein the area within reach of the user in the real space includes an object touchable in the real space.
1. A viewing terminal, comprising a processor configured to:
cause a display device to display a virtual space according to virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing a class given in the virtual space;
receive a video image capturing the real space including at least the real object;
extract a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object; and
perform image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object.
Instant Application
Reference Patent
8. The viewing terminal of claim 1, wherein the processor is configured to cause the display device to display the virtual space including a virtual object corresponding to a real object in the area within reach of the user.
1. A viewing terminal, comprising a processor configured to:
cause a display device to display a virtual space according to virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing a class given in the virtual space;
receive a video image capturing the real space including at least the real object;
extract a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object; and
perform image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object.
Instant Application
Reference Patent
9. The viewing terminal of claim 8, wherein the processor is configured to obtain the image including at least the real object.
1. A viewing terminal, comprising a processor configured to:
cause a display device to display a virtual space according to virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing a class given in the virtual space;
receive a video image capturing the real space including at least the real object;
extract a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object; and
perform image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object.
Instant Application
Reference Patent
10. The viewing terminal of claim 9, wherein the processor is configured to extract a part of the real object from the image.
1. A viewing terminal, comprising a processor configured to:
cause a display device to display a virtual space according to virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing a class given in the virtual space;
receive a video image capturing the real space including at least the real object;
extract a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object; and
perform image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object.
Instant Application
Reference Patent
11. The viewing terminal of claim 10, wherein the processor is configured to display a part of the virtual object that corresponds to the extracted part of the real object.
1. A viewing terminal, comprising a processor configured to:
cause a display device to display a virtual space according to virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing a class given in the virtual space;
receive a video image capturing the real space including at least the real object;
extract a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object; and
perform image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object.
Instant Application
Reference Patent
12. The viewing terminal of claim 11, wherein the processor is configured to project the image of the extracted part of the real object on the corresponding part of the virtual object in the virtual space.
1. A viewing terminal, comprising a processor configured to:
cause a display device to display a virtual space according to virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing a class given in the virtual space;
receive a video image capturing the real space including at least the real object;
extract a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object; and
perform image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object.
Instant Application
Reference Patent
13. The viewing terminal of claim 8, wherein the virtual object includes a desk object, and the real object includes a desk of the user.
3. The viewing terminal of claim 1, wherein
the virtual object includes a desk object, and the real object includes a desk of the student, and
the processor is configured to:
extract the part of the desk of the student from the video image; and
perform the image composition, which fits the video image of the extracted part of the desk of the student onto the corresponding part of the desk object in the virtual space.
Instant Application
Reference Patent
14. The viewing terminal of claim 13, wherein the processor is configured to extract a part of the desk from the image and project the image of the extracted part of the desk on the corresponding part of the desk object in the virtual space.
3. The viewing terminal of claim 1, wherein
the virtual object includes a desk object, and the real object includes a desk of the student, and
the processor is configured to:
extract the part of the desk of the student from the video image; and
perform the image composition, which fits the video image of the extracted part of the desk of the student onto the corresponding part of the desk object in the virtual space.
Instant Application
Reference Patent
15. The viewing terminal of claim 1, comprising a head mounted display and a camera.
2. The viewing terminal of claim 1, wherein
the display device is a head mounted display including a camera, and
the video image is a video image captured by the camera.
Instant Application
Reference Patent
16. The viewing terminal of claim 1, wherein the image includes a video image.
1. A viewing terminal, comprising a processor configured to:
cause a display device to display a virtual space according to virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing a class given in the virtual space;
receive a video image capturing the real space including at least the real object;
extract a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object; and
perform image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object.
Instant Application
Reference Patent
19. A method, comprising:
causing a display device to display a virtual space;
obtaining an image including at least an area within reach of a user in a real space;
extracting a part including at least the area within reach of the user from the image; and
projecting the extracted part on a virtual area in the virtual space, the virtual area corresponding to the area within reach of the user in the real space.
8. A viewing method for a viewing terminal for viewing a class given in a virtual space that is immersive, the method comprising:
displaying the virtual space according to virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing the class given in the virtual space;
receiving a video image capturing the real space including at least the real object;
extracting a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object;
performing image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object.
Instant Application
Reference Patent
20. A non-transitory computer readable medium storing thereon a program which, when executed, causes a processor to execute the method of claim 19.
18. A non-transitory computer readable medium storing thereon a program which, when executed, causes a computer to execute:
displaying a virtual space according to virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing a class given in the virtual space;
receiving a video image capturing the real space including at least the real object;
extracting a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object; and
performing image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object in the virtual space.
Instant Application
Reference Patent
21. A system, comprising:
a server comprising a processor configured to provide virtual space information; and
a terminal comprising a processor configured to:
cause a display device to display a virtual space;
obtain an image including at least an area within reach of a user in a real space;
extract a part including at least the area within reach of the user from the image; and
project the extracted part on a virtual area in the virtual space, the virtual area corresponding to the area within reach of the user in the real space.
11. A viewing system, comprising:
a server configured to distribute a class in a virtual space; and
a viewing terminal configured to view the class,
the server including a processor configured to:
distribute virtual space information for displaying the class,
the viewing terminal including a processor configured to:
cause a display device to display the virtual space according to the virtual space information, the virtual space including a virtual object representing a real object in a real space, the real object within reach of a student in the real space, the student viewing the class given in the virtual space;
receive a video image capturing the real space including at least the real object;
extract a part of the real object from the video image;
cause the display device to display a part of the virtual object that corresponds to the extracted part of the real object; and
perform image composition for fitting the video image of the extracted part of the real object onto the corresponding part of the virtual object in the virtual space such that the video image of the extracted part is projected on the corresponding part of the virtual object.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-16 and 19-21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by ICHIKAWA et al. (US 20200051336 A1), hereinafter ICHIKAWA.
Regarding Claim 1, ICHIKAWA teaches a viewing terminal, comprising a processor configured to: (ICHIKAWA Abst: an information processing device, information processing method, and program capable of appropriately deciding objects arranged in a virtual space generated on the basis of sensing of a real space):
cause a display device to display a virtual space (ICHIKAWA [0258] all users (ICHIKAWA [0096] who desire to participate in the shared space) are wearing VR devices, the base space layout generating unit 158 decides any of original spaces of all the users or an arbitrary virtual space as a base space);
obtain an image including at least an area within reach of a user in a real space (ICHIKAWA [0090] As illustrated in FIG. 1, in the first embodiment, it is assumed that a plurality of real spaces 2 are defined in advance, and a client 20 is arranged in each of the plurality of real spaces 2. Here, the real spaces 2 may be rooms (for example, a living room or a conference room) or corridors in a facility such as a house, a shop, an office building, a station, or a leisure facility; ICHIKAWA [0096] the sensor unit 220 can acquire 3D data of substantially all of the real space. Further, each of the plurality of RGB cameras can acquire a 2D image by imaging);
extract a part including at least the area within reach of the user from the image (ICHIKAWA [0119] the stream generating unit 226 may extract some information designated by the first control information from the information; [0117] As illustrated in FIG. 5, the meta information 306 includes an object ID 3060, a region 3064, a type 3066, an original space 3068, a person 3070, contact information 3072, and neighbor information 3074, for example. Here, an object ID assigned to a corresponding object is stored as the object ID 3060. Also, information regarding a region in which the corresponding object is located is stored as the region 3064. Also, information regarding a type of the corresponding object recognized in advance is stored as the type 3066. In addition, identification information of the corresponding real space is recorded as the original space 3068); and
project the extracted part on a virtual area in the virtual space, the virtual area corresponding to the area within reach of the user in the real space (ICHIKAWA [0332] reference to FIGS. 39 to 41. Note that it is assumed that the real space 2b illustrated in FIG. 39 is set as a base space and a shared space and content of the free viewpoint are generated on the basis of a plurality of objects 330 in the real space 2a and a plurality of objects 332 in the real space 2b here; [0334] the server 10 or the output unit 24b in the real space 2b may cause the virtual object 340d corresponding to the actual object 330d as a target of the shielded expression such that the virtual object 340d is superimposed on the content of the free viewpoint as illustrated in FIG. 41).
Regarding Claim 2, ICHIKAWA teaches the viewing terminal of claim 1, and further teaches wherein the processor is configured to:
obtain three-dimensional space information of the real space (ICHIKAWA [0096] the sensor unit 220 can acquire 3D data of substantially all of the real space); and
detect the area within reach of the user based on the three-dimensional space information (ICHIKAWA [0330] an object located on a closer side can be visually recognized by the user 4 via the display unit 246 on the basis of results of detecting a point-of-view position and a visual line direction of the user 4).
Regarding Claim 3, ICHIKAWA teaches the viewing terminal of claim 1, and further teaches wherein the processor is configured to obtain a position of the area within reach of the user (ICHIKAWA [0102] the 2D image correlation information is information indicating a position in the captured 2D image corresponding to each object).
Regarding Claim 4, ICHIKAWA teaches the viewing terminal of claim 1, and further teaches wherein the processor is configured to obtain a size of the area within reach of the user (ICHIKAWA [0182] Here, “the criteria related to attributes of objects” may include sizes of the objects. For example, in relation to the respective objects in the respective real spaces, the priority calculation unit 400 calculates the priority A of the objects on the basis of the sizes (volumes or the like) of the objects).
Regarding Claim 5, ICHIKAWA teaches the viewing terminal of claim 1, and further teaches wherein the processor is configured to obtain a positional relationship between the display device and the area within reach of the user (ICHIKAWA [0530] in a situation in which a shared space is generated by synthesizing a plurality of real spaces, desirable positional relationships of the plurality of real spaces may change depending on situations of users who are located in the plurality of respective real space; [0154] The output unit 24 may be a wearable device such as, for example, a head mounted display (HMD) or augmented reality (AR) glasses).
Regarding Claim 6, ICHIKAWA teaches the viewing terminal of claim 1, and further teaches comprising the display device integrally (ICHIKAWA FIG. 1.24a: a head mounted display (HMD) or augmented reality (AR) glasses).
Regarding Claim 7, ICHIKAWA teaches the viewing terminal of claim 1, and further teaches wherein the area within reach of the user in the real space includes an object touchable in the real space (ICHIKAWA [0099] As illustrated in FIG. 3, for example, a sensor unit 220a in a real space 2a segments an object 42a and an object 42b; [0231] the result of recognizing the “type” of the object 42b (“Chair (M)”) ). Chair is touchable and reachable.
Regarding Claim 8, ICHIKAWA teaches the viewing terminal of claim 1, and further teaches wherein the processor is configured to cause the display device to display the virtual space including a virtual object corresponding to a real object in the area within reach of the user (ICHIKAWA [0334] the server 10 or the output unit 24b in the real space 2b may cause the virtual object 340d corresponding to the actual object 330d as a target of the shielded expression such that the virtual object 340d is superimposed on the content of the free viewpoint as illustrated in FIG. 41; [0515] the respective objects in the real space in which a user is located may be displayed on a virtual space (for example, a shared space) corresponding to the real space).
Regarding Claim 9, ICHIKAWA teaches the viewing terminal of claim 8, and further teaches wherein the processor is configured to obtain the image including at least the real object (ICHIKAWA [0515] the user can set availability of display of the respective objects while viewing video images of the displayed objects).
Regarding Claim 10, ICHIKAWA teaches the viewing terminal of claim 9, and further teaches wherein the processor is configured to extract a part of the real object from the image (ICHIKAWA [0307] the priority calculation unit 400 extracts the I-th object from the frame data acquired from the respective original spaces first).
Regarding Claim 11, ICHIKAWA teaches the viewing terminal of claim 10, and further teaches wherein the processor is configured to display a part of the virtual object that corresponds to the extracted part of the real object (ICHIKAWA [0198] in a situation in which users in different original spaces have conversation in a shared space and in a case in which at least any of the users is in contact with some object in the original space (for example, in a case in which the user is holding the object), there is a high probability that a subject of the conversation is the object. According to the calculation example, it is possible to cause the object with the high probability of being the subject of the conversation to be displayed with higher priority).
Regarding Claim 12, ICHIKAWA teaches the viewing terminal of claim 11, and further teaches wherein the processor is configured to project the image of the extracted part of the real object on the corresponding part of the virtual object in the virtual space (ICHIKAWA [0334] the server 10 or the output unit 24b in the real space 2b may cause the virtual object 340d corresponding to the actual object 330d as a target of the shielded expression such that the virtual object 340d is superimposed on the content of the free viewpoint as illustrated in FIG. 41).
Regarding Claim 13, ICHIKAWA teaches the viewing terminal of claim 8, and further teaches wherein the virtual object includes a desk object, and the real object includes a desk of the user (ICHIKAWA [0141] the user points at a desk located in the shared space, the event recognizing unit 106 generates information indicating that the desk is pointed at as the event information. Further, in a case in which it is recognized that the user lifts a laptop personal computer (PC) on a desk within a real space in which the user is located).
Regarding Claim 14, ICHIKAWA teaches the viewing terminal of claim 13, and further teaches wherein the processor is configured to extract a part of the desk from the image and project the image of the extracted part of the desk on the corresponding part of the desk object in the virtual space (ICHIKAWA [0204] a case in which objects in different original spaces are arranged on a target object in a shared space (for example, a case in which a computer in a real space 2a is arranged on a desk in a real space 2b in a shared space)).
Regarding Claim 15, ICHIKAWA teaches the viewing terminal of claim 1, and further teaches comprising a head mounted display and a camera (ICHIKAWA [0095] client 20 (the input unit 22 and the output unit 24). As illustrated in FIG. 2, the input unit 22 has a sensor unit 220; [0154] The output unit 24 may be a wearable device such as, for example, a head mounted display (HMD) or augmented reality (AR) glasses; FIG. 2.248 sensor unit; [0161] The sensor unit 248 may include various types of sensors such as an RGB cameras).
Regarding Claim 16, ICHIKAWA teaches the viewing terminal of claim 1, and further teaches wherein the image includes a video image (ICHIKAWA [0329] video images of an actual object 330a and an actual object 330b in the real space 2 may be displayed on the display unit 246).
Regarding Claims 19-21, ICHIKAWA teaches a method, a non-transitory computer readable medium storing thereon a program, and a system, comprising (ICHIKAWA Abst: an information processing device, information processing method, and program capable of appropriately deciding objects arranged in a virtual space generated on the basis of sensing of a real space):
a server comprising a processor configured to provide virtual space information; and a terminal comprising a processor (ICHIKAWA FIG. 1.10-1: server; 24a/b: clients; [0580] The CPU 900, which functions as an arithmetic processing unit and a control device, controls the whole operation within the server 10 in accordance with various kinds of programs. Further, the CPU 900 includes a processor such as a microprocessor):
The metes and bounds of the claims substantially correspond to the limitations set force claim 1; thus, they are rejected on similar grounds and rationale as their corresponding limitations.
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 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 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.
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over ICHIKAWA et al. (US 20200051336 A1), hereinafter ICHIKAWA in view of Sawaki et al. (US 20180154260 A1), hereinafter Sawaki.
Regarding Claim 17, ICHIKAWA teaches the viewing terminal of claim 1, but does not teach the claimed limitations herein. However, Sawaki teaches wherein the processor is further configured to make a hand of a user avatar hidden or see-through in the virtual space if a hand of the user in the real space is captured in the image (Sawaki [0100] The player character represents an object (so-called avatar) associated with the user wearing the HMD device 110 in the virtual space 2; [0150] the second part (body part and arm part), which is displayed in connection with the first part, is displayed in a translucent manner on the field-of-view image M1; [0153] In at least one embodiment, the processor 10 (field-of-view image generation module 223) sets the transparency rate for each of the player characters PC11 to PC14 depending on the state of each of the player characters PC11 to PC14 (second player characters) associated with the users 190B to 190E (second users) relative to the player character PC (first player character) associated with the user 190A; [0147] The transparency rate is set within a range of from 0% (non-transparent) to 100% (completely transparent)). The transparency rate for arm is applicable to hand.
Sawaki discloses a virtual space to a first user via a first head-mounted display, which is analogous to the present patent application.
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified ICHIKAWA to incorporate the teachings of Sawaki, and apply the transparency rate setting of at least a portion of the second part into the virtual space generated on the basis of sensing of a real space.
Doing so, the user 190A is able to easily recognize, for example, the facial expressions and gestures of the player characters PC11 to PC14 and facilitate communication among the users.
Regarding Claim 18, ICHIKAWA teaches the viewing terminal of claim 1, but does not teach the claimed limitations herein. However, Sawaki teaches wherein the processor is further configured to make an arm of a user avatar hidden or see-through in the virtual space if an arm of the user in the real space is captured in the image (Sawaki [0100] The player character represents an object (so-called avatar) associated with the user wearing the HMD device 110 in the virtual space 2; [0150] the second part (body part and arm part), which is displayed in connection with the first part, is displayed in a translucent manner on the field-of-view image M1; [0153] In at least one embodiment, the processor 10 (field-of-view image generation module 223) sets the transparency rate for each of the player characters PC11 to PC14 depending on the state of each of the player characters PC11 to PC14 (second player characters) associated with the users 190B to 190E (second users) relative to the player character PC (first player character) associated with the user 190A; [0147] The transparency rate is set within a range of from 0% (non-transparent) to 100% (completely transparent)). The same motivation as claim 17 applies here.
Conclusion
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/Samantha (YUEHAN) WANG/
Primary Examiner
Art Unit 2617
Prosecution Insights