DETAILED ACTION
This is a first office action in response to application 19/104,668 filed 02/18/2025, in which claims 1-45 are presented for examination. Two preliminary amendments were filed on 02/18/2025 and 09/10/2026, respectively which provided amendments to claims 3, 5, 7-9, 11, 16, 18, 23, 25-26, 28, 30-31, 34, 36, 38-39, 43-44 and also cancels claims 4, 6, 10, 12, 14-20, 24, 29, 32-42 and 45 is hereby acknowledged.
Currently claims 1-3, 5, 7-9, 11, 13, 21-23, 25-28, 30-31, and 43-44 are pending.
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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 44 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because it recites a computer readable medium that fails to limit the claim to non-transitory media.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 9 is objected to because of the following informalities: The preamble should be corrected for clarity to recite “The display processing method according to . Appropriate correction is required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. U.S. Patent Application Publication No. 2020/0410962 A1 hereinafter Kim.
Consider Claim 1:
Kim discloses a display processing method based on a virtual reality space, comprising: (Kim, See Abstract.)
presenting virtual reality video information in a virtual screen in a virtual reality space in response to an operation of a user entering the virtual reality space; and separately displaying a plurality of image layers in a plurality of spatial position areas in the virtual reality space, (Kim, [0137-0142], [0138], “According to various embodiments, an electronic device (e.g., the electronic device 201 in FIG. 3) may map additional information on a plurality of layers. According to an embodiment, the electronic device 201 may map first additional information 1111 onto a first layer 1110. According to an embodiment, the electronic device 201 may map second additional information 1121 onto a second layer 1120. According to an embodiment, the electronic device 201 may map third additional information 1131 onto a third layer 1130. According to an embodiment, the first layer 1110, the second layer 1120, and the third layer 1130 may have different depths from each other.”)
wherein each spatial position area of the plurality of spatial position areas has a different display distance from a current viewing position of the user, and is located in front of the virtual screen. (Kim, [0137-0142], [0140], “According to an embodiment, the electronic device 201 may display first additional information 1111 at the fixed position of the first layer 1110 or the projection layer 410. According to an embodiment, the electronic device 201 may display the first additional information 1111 at a location corresponding to the specific direction of image data. For example, the first additional information 1111 may be a narration in which a talker does not appear in the entire image. According to an embodiment, the electronic device 201 may display the first additional information 1111 to the fixed location by mapping the first additional information 1111 on the projection layer 410 without a separate layer (e.g., the first layer 1110).”)
Consider Claim 2:
Kim discloses the display processing method according to claim 1, wherein the separately displaying the plurality of image layers in a plurality of spatial position areas in the virtual reality space comprises: obtaining a layer type of the plurality of image layers corresponding to the virtual reality video information; determining the plurality of spatial position areas of the plurality of image layers in the virtual reality space according to the layer type; and performing display processing on a layer message of an image layer corresponding to each spatial position area of the plurality of spatial position areas according to the each spatial position area of the plurality of spatial position areas. (Kim, [0137-0142], [0095], “According to various embodiments, the electronic device 201 may change the display attribute of additional information associated with the RoI 611, based on the distance between the RoI 611 and the viewing region 451. For example, when a distance d2 between the RoI 611 and the viewing region 451 is equal to or greater than a specified critical distance d1, the electronic device 201 may display the additional information in the viewing region 451 based on the first display attribute. For example, when the distance d2 between the RoI 611 and the viewing region 451 is less than a specified critical distance d1, the electronic device 201 may display the additional information in the viewing region 451 based on the second display attribute.”)
Consider Claim 3:
Kim discloses the display processing method according to claim 1, wherein the determining the plurality of spatial position areas of the plurality of image layers in the virtual reality space according to the layer type comprises: determining priority information of the plurality of image layers according to the layer type; and determining the plurality of spatial position areas of the plurality of image layers in the virtual reality space according to the priority information; and/or wherein the determining the plurality of spatial position areas of the plurality of image layers in the virtual reality space according to the priority information comprises: determining a video display position of the virtual reality video information in the virtual reality space; and determining, one by one, in a direction close to the current viewing position of the user, a spatial position area of each image layer of the plurality of image layers starting from the video display position according to a preset distance interval and a sequence from low to high of the priority information, to determine the plurality of spatial position areas of the plurality of image layers. (Kim, [0137-0142], [0103], “In the above-described embodiments, a change in the display attribute of the distance-based additional information may be applied to at least part of the additional information. According to an embodiment, the electronic device 201 may display the first part of the additional information as the first display attribute or the second display attribute based on the distance and may display the remaining additional information independently of the distance. For example, the electronic device 201 may not change the display attribute of the additional information having a high priority and may change the display attribute of the additional information having a relatively low priority based on a distance.”)
Consider Claim 5:
Kim discloses the display processing method according to claim 3, wherein the determining the plurality of spatial position areas of the plurality of image layers in the virtual reality space according to the priority information comprises: determining a target image layer corresponding to a highest priority according to the priority information; determining a spatial position area of the target image layer in the virtual reality space; and determining, one by one, in a direction away from the current viewing position of the user, a spatial position area of each other image layer in the plurality of image layers starting from the spatial position area according to a preset distance interval and a sequence from high to low of the priority information, to determine the plurality of spatial position areas of the plurality of image layers; and/or wherein the determining the plurality of spatial position areas of the plurality of image layers in the virtual reality space according to the priority information comprises: querying a preset database according to the priority information, to obtain the plurality of spatial position areas corresponding to the plurality of image layers. (Kim, [0137-0142], [0103], “In the above-described embodiments, a change in the display attribute of the distance-based additional information may be applied to at least part of the additional information. According to an embodiment, the electronic device 201 may display the first part of the additional information as the first display attribute or the second display attribute based on the distance and may display the remaining additional information independently of the distance. For example, the electronic device 201 may not change the display attribute of the additional information having a high priority and may change the display attribute of the additional information having a relatively low priority based on a distance.”)
Consider Claim 7:
Kim discloses the display processing method according to claim 1, wherein a spatial position area corresponding to each image layer of the plurality of image layers is located on a circular arc area corresponding to the each image layer, where a center position of the circular arc area corresponding to the each image layer is located on a sight direction of the user corresponding to the current viewing position of the user. (Kim, [0138], “According to various embodiments, an electronic device (e.g., the electronic device 201 in FIG. 3) may map additional information on a plurality of layers. According to an embodiment, the electronic device 201 may map first additional information 1111 onto a first layer 1110. According to an embodiment, the electronic device 201 may map second additional information 1121 onto a second layer 1120. According to an embodiment, the electronic device 201 may map third additional information 1131 onto a third layer 1130. According to an embodiment, the first layer 1110, the second layer 1120, and the third layer 1130 may have different depths from each other.”)
Consider Claim 8:
Kim discloses the display processing method according to claim 1, wherein: vertical coordinate values of the plurality of spatial position areas are different; and horizontal coordinate values corresponding to the plurality of spatial position areas are not completely same, and/or vertical coordinate values corresponding to the plurality of spatial position areas are not completely same. (Kim, [0082-0085], [0094], [0083], “According to various embodiments, the electronic device 201 may display at least part of the image mapped onto the projection layer 410, on the display device 260. For example, the electronic device 201 may display a viewing region 451 corresponding to the gaze of a user 400, on the display device 260. For example, the electronic device 201 may assume that the user 400 is located at the center of a first circle 405. According to an embodiment, the electronic device 201 may detect the gaze direction of a wearer by detecting the direction and/or slope of the electronic device 201, using a sensor module (e.g., the sensor module 176 of FIG. 1). For example, the electronic device 201 may detect the direction and/or tilt of the electronic device 201, using a gyro sensor and/or an acceleration sensor. According to an embodiment, the electronic device 201 may set the viewing region 451 by detecting the roll, yaw, and pitch of the electronic device 201.”)
Consider Claim 9:
Kim discloses the display processing method according to any one of claim 2, wherein the layer type corresponding to the plurality of image layers comprises a plurality of types of a user operation interface layer, an information stream display layer, a gift display layer, or an expression display layer; and/or wherein the performing display processing on the layer message of the image layer corresponding to each spatial position area of the plurality of spatial position areas according to the each spatial position area of the plurality of spatial position areas comprises: determining a first image layer corresponding to a first layer message in response to obtaining the first layer message of a preset first type; and displaying the first layer message in a spatial position area of the first image layer. (Kim, [0108], “In the above-described embodiments, various embodiments have been described based on a single critical distance (or critical angle), but embodiments of the disclosure are not limited thereto. According to various embodiments, a plurality of critical distances (or critical angles) may be set. According to an embodiment, the first critical distance and the second critical distance may be set. For example, when the distance between the RoI 611 and the viewing region 451 is equal to or greater than the first critical distance, the electronic device 201 may display the additional information depending on the first display attribute; when the distance between the RoI 611 and the viewing region 451 is less than the first critical distance and is equal to or greater than the second critical distance, the electronic device 201 may display the additional information depending on the second display attribute; when the distance between the RoI 611 and the viewing region 451 is less than the second critical distance, the electronic device 201 may display the additional information depending on the third display attribute. According to an embodiment, information about a critical distance may be included in metadata of an image or may be a specified value.”)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. U.S. Patent Application Publication No. 2020/0410962 A1 as applied to claim 2 above, and further in view of Cao U.S. Patent Application Publication No. 2025/0317630 A1 hereinafter Cao.
Consider Claim 11:
Kim discloses the display processing method according to claim 9, and while disclosing image layering in virtual environment does not specify wherein the performing display processing on the layer message of an image layer corresponding to each spatial position area of the plurality of spatial position areas according to the each spatial position area of the plurality of spatial position areas comprises: adding, in response to obtaining a second layer message of a preset second type, the second layer message to a layer message queue of a second image layer corresponding to the second layer message to display a corresponding layer message in a spatial position area of the second image layer according to a queue order in the layer message queue.
Cao however teaches that it was a known technique in the art to provide message queues wherein the performing display processing on the layer message of an image layer corresponding to each spatial position area of the plurality of spatial position areas according to the each spatial position area of the plurality of spatial position areas comprises: adding, in response to obtaining a second layer message of a preset second type, the second layer message to a layer message queue of a second image layer corresponding to the second layer message to display a corresponding layer message in a spatial position area of the second image layer according to a queue order in the layer message queue. (Cao, [0042-0060], [0037], “In view of the above-mentioned technical problems, the embodiments of the present disclosure provide a message processing method which is applied to a first terminal. The method includes: receiving a target virtual object message, and adding the target virtual object message to a first message queue in response to that the target virtual object message is a virtual object message corresponding to the first terminal; and in response to that the target virtual object message is a virtual object message corresponding to a second terminal, that is, the target virtual object message does not correspond to the first terminal and corresponds to other terminals except the first terminal in the same live streaming room, adding the target virtual object message to a second message queue, in which the processing priority corresponding to the first message queue is higher than the processing priority corresponding to the second message queue. The method provided in the present disclosure adds messages to message queues with different processing priorities respectively, effectively avoiding the problem of the terminal's own corresponding messages being blocked and unable to be displayed, thereby enhancing the user's watching experience. Detailed description is carried out through the following one or more embodiments.”)
It therefore would have been obvious to those having ordinary skill in the art before the effective filing date of the invention to provide messaging queues as this was a known technique in view of Cao and would have been utilized for the art recognized purpose of enhancing the user's watching experience. (Cao, [0037])
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) 13, 21-23, 25-28, 30-31 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xu International Publication CN 111526412 A hereinafter Xu.
Consider Claim 13:
Xu discloses a model display method based on a virtual reality space, comprising: (Xu, See Abstract.)
generating a target gift model corresponding to a gift display instruction in response to the gift display instruction; (Xu, “In one embodiment, rendering the gift icon of the virtual gift on the display surface of the three-dimensional live broadcast room model;”)
determining a target display image layer corresponding to the target gift model from a plurality of image layers corresponding to a currently played virtual reality video, wherein a spatial position area corresponding to each image layer of the plurality of image layers has a different display distance from a current viewing position of a user; and displaying the target gift model in a target spatial position area corresponding to the target display image layer. (Xu, “In this embodiment, the three-dimensional direct broadcasting room model 40 of the left display surface and the right display surface is presented with a virtual gift " rocket " gift icon 60, optionally, the gift icon 60 of each rocket can be different, representing different rocket three-dimensional model. when the user selects one of the " rocket " to present, the selected rocket gift icon disappears from the position, as shown in FIG. 3, the user selects the lower rocket of the right display surface, then the gift icon of the lowest rocket disappears from the display surface, at the same time, rendering the selected " rocket " virtual gift corresponding to the three-dimensional model 70 at the set position of the live interface. As shown in FIG. 3, when the user selects one of the "rocket" to be presented, the target presenter three-dimensional live broadcast room model of the remaining rocket virtual gift is only 5. and updating the remaining number of the " rockets " virtual gift presented by the client of each audience user entering into the three-dimensional live broadcast room model 40.”)
Consider Claim 21:
Xu discloses a human-machine interaction method, applied to an extended reality (XR) device, the human-machine interaction method comprising: (Xu, See Abstract.)
presenting, a close gift panel corresponding to a gift entrance in a virtual space in response to a trigger operation on the gift entrance in the virtual space; and presenting, in the virtual space, a sending effect of a virtual gift in response to a sending operation of a hand model on a virtual gift in the close gift panel in the virtual space. (Xu, “In this embodiment, the three-dimensional direct broadcasting room model 40 of the left display surface and the right display surface is presented with a virtual gift " rocket " gift icon 60, optionally, the gift icon 60 of each rocket can be different, representing different rocket three-dimensional model. when the user selects one of the " rocket " to present, the selected rocket gift icon disappears from the position, as shown in FIG. 3, the user selects the lower rocket of the right display surface, then the gift icon of the lowest rocket disappears from the display surface, at the same time, rendering the selected " rocket " virtual gift corresponding to the three-dimensional model 70 at the set position of the live interface. As shown in FIG. 3, when the user selects one of the "rocket" to be presented, the target presenter three-dimensional live broadcast room model of the remaining rocket virtual gift is only 5. and updating the remaining number of the " rockets " virtual gift presented by the client of each audience user entering into the three-dimensional live broadcast room model 40.”)
Consider Claim 22:
Xu discloses the human-machine interaction method according to claim 21, wherein the presenting the close gift panel corresponding to the gift entrance in the virtual space in response to the trigger operation on the gift entrance in the virtual space comprises: presenting, the close gift panel corresponding to a far gift entrance in the virtual space in response to a cursor selection operation on the far gift entrance in the virtual space, where the far gift entrance is located in a virtual screen in the virtual space. (Xu, “The user can select the target virtual gift by clicking the gift icon of the virtual gift, or shaking the mobile terminal and so on. after the client receives the selection operation of the target virtual gift by the user, generating the gift instruction carrying the gift identifier of the target virtual gift and the virtual gift of the presenter identifier of the target presenter presenting, and sending to the server.”)
Consider Claim 23:
Xu discloses the human-machine interaction method according to claim 21, further comprising: retracting the close gift panel in the virtual space in response to a trigger operation of the hand model for a retraction control in the close gift panel; and/or playing a far presentation effect or a far retraction effect of the close gift panel in the virtual space. (Xu, “FIG. 4 is another schematic diagram of the special effect display of the virtual gift provided by an embodiment of the panoramic live broadcast, as shown in FIG. 4, the presenter video 80 is fused on the curved surface of the rocket three-dimensional model 70. when the rocket ignition countdown is zero second, fusion with the target presenter live video 80 of the rocket three-dimensional model 70 begins to move up from bottom to top along the preset straight line track, when the rocket three-dimensional model 70 reaches the end point of the preset straight line track, namely the top of the live interface, stopping movement, the gift special effect of the rocket three-dimensional model is finished, the gift special effect disappears, live video of the target presenter from the rocket to the back display surface of the three-dimensional direct broadcasting room model 40 to continue playing.”)
Consider Claim 25:
Xu discloses the human-machine interaction method according to claim 21, wherein the presenting the close gift panel corresponding to the gift entrance in the virtual space in response to the trigger operation on the gift entrance in the virtual space comprises: presenting, the close gift panel corresponding to a close gift entrance in the virtual space in response to a hovering confirmation operation of the hand model for the close gift entrance in the virtual space, where the close gift entrance is located at a close position of the user in the virtual space, and is in a first ghost state by default. (Xu, “In this embodiment, in the three-dimensional live broadcast room environment, the virtual gift displayed on the other display surface of the three-dimensional live broadcast room model of the presenter, so that the audience user to view the number and style of the virtual gift, optionally, the virtual gift can be hidden, when receiving the display instruction triggered by the user, The form of the window panel is presented on the display surface. Of course, in other embodiments, the virtual gift may also be displayed in the virtual gift column of the audience.”)
Consider Claim 26:
Xu discloses the human-machine interaction method according to claim 25, further comprising: controlling the close gift entrance to switch from the ghost state to an activated state in response to a hovering operation of the hand model for the close gift entrance; and/or playing a close presentation effect or a close retraction effect of the close gift panel in the virtual space. (Xu, “FIG. 4 is another schematic diagram of the special effect display of the virtual gift provided by an embodiment of the panoramic live broadcast, as shown in FIG. 4, the presenter video 80 is fused on the curved surface of the rocket three-dimensional model 70. when the rocket ignition countdown is zero second, fusion with the target presenter live video 80 of the rocket three-dimensional model 70 begins to move up from bottom to top along the preset straight line track, when the rocket three-dimensional model 70 reaches the end point of the preset straight line track, namely the top of the live interface, stopping movement, the gift special effect of the rocket three-dimensional model is finished, the gift special effect disappears, live video of the target presenter from the rocket to the back display surface of the three-dimensional direct broadcasting room model 40 to continue playing.”)
Consider Claim 27:
Xu discloses the human-machine interaction method according to claim 26, after the presenting, in the virtual space, the close gift panel corresponding to the close gift entrance, further comprising: controlling the close gift entrance to switch from the activated state to a second ghost state. (Xu, “In this embodiment, in the three-dimensional live broadcast room environment, the virtual gift displayed on the other display surface of the three-dimensional live broadcast room model of the presenter, so that the audience user to view the number and style of the virtual gift, optionally, the virtual gift can be hidden, when receiving the display instruction triggered by the user, The form of the window panel is presented on the display surface. Of course, in other embodiments, the virtual gift may also be displayed in the virtual gift column of the audience.”)
Consider Claim 28:
Xu discloses the human-machine interaction method according to claim 25, after the presenting, in the virtual space, the close gift panel corresponding to the close gift entrance, further comprising: retracting the close gift panel in the virtual space in response to a re-hovering confirmation operation of the hand model for the close gift entrance. (Xu, “In this embodiment, in the three-dimensional live broadcast room environment, the virtual gift displayed on the other display surface of the three-dimensional live broadcast room model of the presenter, so that the audience user to view the number and style of the virtual gift, optionally, the virtual gift can be hidden, when receiving the display instruction triggered by the user, The form of the window panel is presented on the display surface. Of course, in other embodiments, the virtual gift may also be displayed in the virtual gift column of the audience.”)
Consider Claim 30:
Xu discloses the human-machine interaction method according to claim 28, after the retracting the close gift panel in the virtual space, further comprising: controlling the close gift entrance to switch back to the first ghost state. (Xu, “In this embodiment, in the three-dimensional live broadcast room environment, the virtual gift displayed on the other display surface of the three-dimensional live broadcast room model of the presenter, so that the audience user to view the number and style of the virtual gift, optionally, the virtual gift can be hidden, when receiving the display instruction triggered by the user, The form of the window panel is presented on the display surface. Of course, in other embodiments, the virtual gift may also be displayed in the virtual gift column of the audience.”)
Consider Claim 31:
Xu discloses the human-machine interaction method according to claim 21, wherein the presenting, in the virtual space, the close gift panel corresponding to the gift entrance comprises: presenting the close gift panel corresponding to the gift entrance at a predetermined position in a virtual reality space, where a distance between the predetermined position and the user meets a predetermined distance requirement; and/or wherein the presenting, in the virtual space, the sending effect of the virtual gift comprises: determining a preset gift sending safety area in the virtual space; and presenting the sending effect of the virtual gift in the virtual space according to the gift sending safety area. (Xu, “S1103, the live picture of the target presenter for curved texture mapping processing, the live video rendering processed after rendering the curved playing area to play. the live picture of the target anchor for fusion on the three-dimensional model for curved surface texture mapping processing, the live video can be live picture after cutting, the live picture mainly comprises a presenter portrait area, for background and props and other areas for cutting and discarding, also can be the original live video recorded by the anchor terminal; the original live video not only comprises a presenter portrait area, further comprising a background and a property area.”)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 43-44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. U.S. Patent Application Publication No. 2020/0410962 A1 and further in view of Xu International Publication CN 111526412 A.
Consider Claim 43:
Kim discloses an electronic device, comprising: a processor; and a memory configured to store an executable instruction of the processor, wherein the processor is configured to read the executable instruction from the memory, and execute the executable instruction to implement a display processing method based on a virtual reality space (Kim, [0165], “Various embodiments as set forth herein may be implemented as software (e.g., the program 140) including one or more instructions that are stored in a storage medium (e.g., internal memory 136 or external memory 138) that is readable by a machine (e.g., the electronic device 101). For example, a processor (e.g., the processor 120) of the machine (e.g., the electronic device 101) may invoke at least one of the one or more instructions stored in the storage medium, and execute it, with or without using one or more other components under the control of the processor. This allows the machine to be operated to perform at least one function according to the at least one instruction invoked. The one or more instructions may include a code generated by a complier or a code executable by an interpreter. The machine-readable storage medium may be provided in the form of a non-transitory storage medium. Wherein, the term “non-transitory” simply means that the storage medium is a tangible device, and does not include a signal (e.g., an electromagnetic wave), but this term does not differentiate between where data is semi-permanently stored in the storage medium and where the data is temporarily stored in the storage medium.”)
according to claim 1, (Kim See Claim 1)
a model display method based on a virtual reality space, comprising: generating a target gift model corresponding to a gift display instruction in response to the gift display instruction; determining a target display image layer corresponding to the target gift model from a plurality of image layers corresponding to a currently played virtual reality video, wherein a spatial position area corresponding to each image layer of the plurality of image layers has a different display distance from a current viewing position of a user; and displaying the target gift model in a target spatial position area corresponding to the target display image layer, or a human-machine interaction method, applied to an extended reality (XR) device, the human-machine interaction method comprising: (Kim, [0137-0142], [0138], “According to various embodiments, an electronic device (e.g., the electronic device 201 in FIG. 3) may map additional information on a plurality of layers. According to an embodiment, the electronic device 201 may map first additional information 1111 onto a first layer 1110. According to an embodiment, the electronic device 201 may map second additional information 1121 onto a second layer 1120. According to an embodiment, the electronic device 201 may map third additional information 1131 onto a third layer 1130. According to an embodiment, the first layer 1110, the second layer 1120, and the third layer 1130 may have different depths from each other.”)
Kim however does not appear to specify presenting, a close gift panel corresponding to a gift entrance in a virtual space in response to a trigger operation on the gift entrance in the virtual space; and presenting, in the virtual space, a sending effect of a virtual gift in response to a sending operation of a hand model on a virtual gift in the close gift panel in the virtual space.
Xu however teaches that it was a known technique to those having ordinary skill in the art before the effective filing date of the invention to provide presenting, a close gift panel corresponding to a gift entrance in a virtual space in response to a trigger operation on the gift entrance in the virtual space; and presenting, in the virtual space, a sending effect of a virtual gift in response to a sending operation of a hand model on a virtual gift in the close gift panel in the virtual space. (Xu, “In this embodiment, the three-dimensional direct broadcasting room model 40 of the left display surface and the right display surface is presented with a virtual gift " rocket " gift icon 60, optionally, the gift icon 60 of each rocket can be different, representing different rocket three-dimensional model. when the user selects one of the " rocket " to present, the selected rocket gift icon disappears from the position, as shown in FIG. 3, the user selects the lower rocket of the right display surface, then the gift icon of the lowest rocket disappears from the display surface, at the same time, rendering the selected " rocket " virtual gift corresponding to the three-dimensional model 70 at the set position of the live interface. As shown in FIG. 3, when the user selects one of the "rocket" to be presented, the target presenter three-dimensional live broadcast room model of the remaining rocket virtual gift is only 5. and updating the remaining number of the " rockets " virtual gift presented by the client of each audience user entering into the three-dimensional live broadcast room model 40.”)
It therefore would have been obvious to those having ordinary skill in the art before the effective filing date of the invention to further provide gifting menus and responses in a virtual setting as this was a known technique in view of Xu and would have been utilized for the art recognized purpose of realizes the virtual gift gift special effect and live picture fusion, enriching the special effect of the virtual gift and live video presentation mode, which is good for improving the user gifts polarity.
Consider Claim 44:
Kim discloses a non-volatile computer-readable storage medium, wherein the computer-readable storage medium stores a computer program, and the computer program is configured to perform a display processing method based on a virtual reality space (Kim, [0165], “Various embodiments as set forth herein may be implemented as software (e.g., the program 140) including one or more instructions that are stored in a storage medium (e.g., internal memory 136 or external memory 138) that is readable by a machine (e.g., the electronic device 101). For example, a processor (e.g., the processor 120) of the machine (e.g., the electronic device 101) may invoke at least one of the one or more instructions stored in the storage medium, and execute it, with or without using one or more other components under the control of the processor. This allows the machine to be operated to perform at least one function according to the at least one instruction invoked. The one or more instructions may include a code generated by a complier or a code executable by an interpreter. The machine-readable storage medium may be provided in the form of a non-transitory storage medium. Wherein, the term “non-transitory” simply means that the storage medium is a tangible device, and does not include a signal (e.g., an electromagnetic wave), but this term does not differentiate between where data is semi-permanently stored in the storage medium and where the data is temporarily stored in the storage medium.”)
according to claim 1, (Kim See Claim 1)
a model display method based on a virtual reality space, comprising: generating a target gift model corresponding to a gift display instruction in response to the gift display instruction; determining a target display image layer corresponding to the target gift model from a plurality of image layers corresponding to a currently played virtual reality video, wherein a spatial position area corresponding to each image layer of the plurality of image layers has a different display distance from a current viewing position of a user; and displaying the target gift model in a target spatial position area corresponding to the target display image layer, or a human-machine interaction method, applied to an extended reality (XR) device, the human-machine interaction method comprising: (Kim, [0137-0142], [0138], “According to various embodiments, an electronic device (e.g., the electronic device 201 in FIG. 3) may map additional information on a plurality of layers. According to an embodiment, the electronic device 201 may map first additional information 1111 onto a first layer 1110. According to an embodiment, the electronic device 201 may map second additional information 1121 onto a second layer 1120. According to an embodiment, the electronic device 201 may map third additional information 1131 onto a third layer 1130. According to an embodiment, the first layer 1110, the second layer 1120, and the third layer 1130 may have different depths from each other.”)
Kim however does not appear to specify presenting, a close gift panel corresponding to a gift entrance in a virtual space in response to a trigger operation on the gift entrance in the virtual space; and presenting, in the virtual space, a sending effect of a virtual gift in response to a sending operation of a hand model on a virtual gift in the close gift panel in the virtual space.
Xu however teaches that it was a known technique to those having ordinary skill in the art before the effective filing date of the invention to provide presenting, a close gift panel corresponding to a gift entrance in a virtual space in response to a trigger operation on the gift entrance in the virtual space; and presenting, in the virtual space, a sending effect of a virtual gift in response to a sending operation of a hand model on a virtual gift in the close gift panel in the virtual space. (Xu, “In this embodiment, the three-dimensional direct broadcasting room model 40 of the left display surface and the right display surface is presented with a virtual gift " rocket " gift icon 60, optionally, the gift icon 60 of each rocket can be different, representing different rocket three-dimensional model. when the user selects one of the " rocket " to present, the selected rocket gift icon disappears from the position, as shown in FIG. 3, the user selects the lower rocket of the right display surface, then the gift icon of the lowest rocket disappears from the display surface, at the same time, rendering the selected " rocket " virtual gift corresponding to the three-dimensional model 70 at the set position of the live interface. As shown in FIG. 3, when the user selects one of the "rocket" to be presented, the target presenter three-dimensional live broadcast room model of the remaining rocket virtual gift is only 5. and updating the remaining number of the " rockets " virtual gift presented by the client of each audience user entering into the three-dimensional live broadcast room model 40.”)
It therefore would have been obvious to those having ordinary skill in the art before the effective filing date of the invention to further provide gifting menus and responses in a virtual setting as this was a known technique in view of Xu and would have been utilized for the art recognized purpose of realizes the virtual gift gift special effect and live picture fusion, enriching the special effect of the virtual gift and live video presentation mode, which is good for improving the user gifts polarity.
Conclusion
Prior art made of record and not relied upon which is still considered pertinent to applicant's disclosure is cited in a current or previous PTO-892. The prior art cited in a current or previous PTO-892 reads upon the applicants claims in part, in whole and/or gives a general reference to the knowledge and skill of persons having ordinary skill in the art before the effective filing date of the invention. Applicant, when responding to this Office action, should consider not only the cited references applied in the rejection but also any additional references made of record.
In the response to this office action, the Examiner respectfully requests support be shown for any new or amended claims. More precisely, indicate support for any newly added language or amendments by specifying page, line numbers, and/or figure(s). This will assist The Office in compact prosecution of this application. The Office has cited particular columns, paragraphs, and/or line numbers in the applied rejection of the claims above for the convenience of the applicant. Citations are representative of the teachings in the art and are applied to the specific limitations within each claim, however other passages and figures may apply. Applicant, in preparing a response, should fully consider the cited reference(s) in its entirety and not only the cited portions as other sections of the reference may expand on the teachings of the cited portion(s).
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/Michael J Jansen II/ Primary Examiner, Art Unit 2626
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