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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-24 are 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 claims 1, 7, 13, and 19, the second-mode clause “performing the information processing using at least either of first input data and second input data received from the second information processing apparatus as the operation data” is ambiguous. It is unclear whether both data types are received from the second apparatus, or whether first input data remains local first-apparatus input and only second input data is received from the second apparatus. The first-mode clause uses “first input data” for local operation input. That usage favors a local-plus-remote reading. The grammar of the second-mode clause can also be read as both inputs arriving from the second apparatus. The specification describes parent-apparatus use of local controller data and child-apparatus operation data. Clarifying amendment is required.
Claim 11 is indefinite because “in the first information processing apparatus” is recited twice without a clear additional limitation.
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, 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) 1-3, 6, 19-21, 24 are rejected under 35 U.S.C. 103 as being unpatentable over NOGAMI (US 2012/0309537 A1) in view of XIAO (US 2022/0040575 A1).
1. NOGAMI discloses one or more non-transitory computer-readable media having stored therein instructions that, when executed, cause one or more processors of a first information processing apparatus to execute information processing comprising (Fig. 2), [0059]:
in a first mode, performing information processing using first input data based on an operation input to an operation device included in or connected to the first information processing apparatus as operation data and outputting an image [0008], [0012], [0013], [0105]-[0106], [0114]; and
in a second mode, communicating with a second information processing apparatus, performing the information processing using at least either of first input data and second input data received from the second information processing apparatus as the operation data, outputting one of the first image and the second image to the display device, and transmitting the other image to the second information processing apparatus (output the main image and the sub image to the stationary display device and the portable display device, respectively, in the second mode), [0015], [0108]-[0110].
NOGAMI does not expressly disclose in the first mode, outputting an image including one of a first image and a second image selected in a switchable manner based on the operation data or both the first image and the second image to a display device included in or connected to the first information processing apparatus; however, such manner of displaying the first image and second image is notorious well known in the art as evidenced by XIAO, [0050]-[0053], (displaying both the first image and the second image to a display device). It would have been obvious to a person of ordinary skilled in the art at the time the application was filed to modify NOGAMI with XIAO and would have been motivated to do so to allow the player to easily view where s/he is located in the virtual environment.
2. NOGAMI and XIAO disclose the one or more non-transitory computer-readable media according to claim 1, wherein the information processing is game processing, and the first image is an image of a virtual space based on a virtual camera, NOGAMI [0179].
3. NOGAMI and XIAO disclose the one or more non-transitory computer-readable media according to claim 2, wherein the second image at least includes a map image in a game, NOGAMI [0110].
6. NOGAMI and XIAO disclose the one or more non-transitory computer-readable media according to claim 1, wherein the second input data includes touch input data regarding an input to a touch panel provided in the second information processing apparatus, and the information processing further comprises in the second mode, performing the information processing using the second input data as the operation data, and selecting a selectable item included in a UI of the second image based on the touch input data, NOGAMI [0090] or XIAO [0036]-[0038].
19-21, 24. NOGAMI and XIAO disclose an information processing apparatus comprising: one or more processors; and one or more non-transitory computer-readable media having stored therein instructions that, when executed, cause the one or more processors to execute information processing comprising: in a first mode, performing information processing using first input data based on an operation input to an operation device included in or connected to the information processing apparatus as operation data, and outputting an image including one of a first image and a second image selected in a switchable manner based on the operation data or both the first image and the second image to a display device included in or connected to the information processing apparatus; and in a second mode, communicating with a second information processing apparatus, performing the information processing using at least either of first input data and second input data received from the second information processing apparatus as the operation data, outputting one of the first image and the second image to the display device, and transmitting the other image to the second information processing apparatus as similarly discussed above.
Claim(s) 4-5 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over NOGAMI (US 2012/0309537 A1) in view of XIAO (US 2022/0040575 A1) and Ando (US 2011/0124412 A1).
4-5. NOGAMI and XIAO disclose the one or more non-transitory computer-readable media according to claim 1, wherein the sub game image may be an image showing items possessed by the player character (FIG. 8), [0110], but does not expressly disclose wherein the second image at least includes an image representing an item as a selection target, and the information processing further comprises performing a selection process for selecting the item at least based on the operation data, wherein the item is a composition, and the information processing further comprises: reproducing the selected composition; and generating an image related to the composition that is being reproduced as the first image. Ando discloses selecting music by an operation input, reproducing the selected music, and displaying a screen showing the music that is being reproduced, together with a related character image, [0057]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to treat the selectable item of Nogami’s item image as a musical composition, reproduce the selected composition, and generate an image related to the composition that is being reproduced as the first image, as taught by Ando. One of ordinary skill would have been motivated to use the dual-mode display system for a music-selection application in which the second image is a selection UI and the first image is content associated with the work being reproduced. Selecting media, playing it, and showing a related image during playback are conventional and produce a predictable result when combined with Nogami’s item image and operation-based selection.
22-23. NOGAMI, XIAO and Ando disclose the information processing apparatus according to claim 19, wherein the second image at least includes an image representing an item as a selection target, and the information processing further comprises performing a selection process for selecting the item at least based on the operation data, wherein the item is a composition, and the information processing further comprises: reproducing the selected composition; and generating an image related to the composition that is being reproduced as the first image as similarly discussed above.
Claim(s) 7-9, 12 -15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over NOGAMI (US 2012/0309537 A1) in view of XIAO (US 2022/0040575 A1) and Kondo (US 2017/0095735 A1).
7-9, 12. NOGAMI and XIAO disclose an information processing system comprising: one or more processors; and one or more non-transitory computer-readable media having stored therein instructions that, when executed, cause the one or more processors to execute information processing comprising: in a first information processing apparatus, in a first mode, performing information processing using first input data based on an operation input to an operation device included in or connected to the first information processing apparatus as operation data, and outputting an image including one of a first image and a second image selected in a switchable manner based on the operation data or both the first image and the second image to a display device included in or connected to the first information processing apparatus; and in a second mode, communicating with a second information processing apparatus, performing the information processing using at least either of first input data and second input data received from the second information processing apparatus as the operation data, outputting one of the first image and the second image to the display device, and transmitting the other image to the second information processing apparatus as similarly discussed above.
NOGAMI does not expressly disclose in the second information processing apparatus, communicating with the first information processing apparatus, transmitting the second input data based on an operation input to an operation device included in or connected to the second information processing apparatus to the first information processing apparatus, and outputting the other image received from the first information processing apparatus to a display device included in or connected to the second information processing apparatus. Kondo disclose in the second information processing apparatus, communicating with the first information processing apparatus, transmitting the second input data based on an operation input to an operation device included in or connected to the second information processing apparatus to the first information processing apparatus, and outputting the other image received from the first information processing apparatus to a display device included in or connected to the second information processing apparatus [0005], [0027], [0057]-[0058], [0100], [0190]. It would have been obvious to one of ordinary skill in the art before the effective filing date to implement NOGAMI’s portable destination, in the combination already modified by Xiao, as a second information processing apparatus of the kind taught by Kondo. Kondo already uses two peer apparatuses, each with a display and an operation device, and it already exchanges images and inputs. Doing so would have placed the other image on a complete second apparatus rather than only on a dedicated terminal, so the second user has a self-contained device that both shows the received image and contributes its own operation data.
13-15, 18. NOGAMI, XIAO and Kondo disclose an information processing method performed by an information processing system including a first information processing apparatus and a second information processing apparatus, the information processing method comprising: in the first information processing apparatus, in a first mode, performing information processing using first input data based on an operation input to an operation device included in or connected to the first information processing apparatus as operation data, and outputting an image including one of a first image and a second image selected in a switchable manner based on the operation data or both the first image and the second image to a display device included in or connected to the first information processing apparatus; and in a second mode, communicating with a second information processing apparatus, performing the information processing using at least either of first input data and second input data received from the second information processing apparatus as the operation data, outputting one of the first image and the second image to the display device, and transmitting the other image to the second information processing apparatus, and in the second information processing apparatus, communicating with the first information processing apparatus, transmitting the second input data based on an operation input to an operation device included in or connected to the second information processing apparatus to the first information processing apparatus, and outputting the other image received from the first information processing apparatus to a display device included in or connected to the second information processing apparatus as similarly discussed above.
Claim(s) 10-11 and 16-17 rejected under 35 U.S.C. 103 as being unpatentable over NOGAMI (US 2012/0309537 A1), XIAO (US 2022/0040575 A1) and Kondo (US 2017/0095735 A1) as applied above and further in view of Ando (US 2011/0124412 A1).
10-11. NOGAMI, XIAO, Kondo and Ando discloses the information processing system according to claim 7, wherein the second image at least includes an image representing an item as a selection target, and the information processing further comprises, in the first information processing apparatus, performing a selection process for selecting the item at least based on the operation data, wherein the item is a composition, and in the first information processing apparatus, the information processing further comprises: in the first information processing apparatus, reproducing the selected composition; and generating an image related to the composition that is being reproduced as the first image as similarly discussed above.
16-17. NOGAMI, XIAO, Kondo and Ando discloses the information processing method according to claim 13, wherein the second image at least includes an image representing an item as a selection target, and the information processing method further comprises in the first information processing apparatus, performing a selection process for selecting the item at least based on the operation data. wherein the item is a composition, and the information processing method further comprises: in the first information processing apparatus, reproducing the selected composition; and generating an image related to the composition that is being reproduced as the first image as similarly discussed above.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached USPTO form PTO-892.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Seng H Lim/Primary Examiner, Art Unit 3715
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