DETAILED ACTION
Status of Claims
This Action is in response to App. 19/146,890 filed 07/09/2025. A preliminary amendment filed 07/09/2025 has been acknowledged. Claims 1-9 are amended. Claims 1-9 are currently pending and have been examined.
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.
Claims 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Although the preamble of the claims indicate that the claims are directed to a machine, and a machine is one of the statutory classes of invention, the claims do not define a machine as the claims do not recite any structural features. The claims currently recite “performance control section” and “acquiring section”, which as defined in claim 9 as being a comptuser program for a computer. The claim language refers to software and software per se is not a statutory class of invention. For the reasons noted, the claims are rejected because they are not directed to statutory subject matter. The Examiner recommends explicitly claiming hardware element such as processor and memory.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. As currently claimed, claim 9 recites “computer program”. One of ordinary skill in the art would have recognized that a transitory wave can be considered a computer program. As such, since the claims have failed to exclude transitory signals as being media, a rejection under 35 U.S.C. 101 has been provided. In other to remedy the reject, the Examiner suggests amending the claims to disclose that the computer program product is stored on a tangible non-transitory storage medium.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1-2, 4, 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunther (US 20110270698 A1) (hereafter Gunther), in view of Adoni et al. (US 20110107239 A1) (hereafter Adoni).
As per claim 1:
A metaverse management device comprising:
a performance control section that controls a performance in a first metaverse; and (See Gunther ¶0030, “Purchases within the virtual space may include purchases of virtual goods. Virtual goods may be non-physical objects that can be purchased for use in online communities, online games, virtual worlds, and other virtual spaces. Virtual goods may include, for example, such things as digital gifts, digital clothing for avatars, virtual real estate, virtual neighborhoods, virtual objects that are usable by an avatar within a virtual space, virtual objects that are controllable by a user within a virtual space, and/or any other virtual item. Virtual goods may be classified as services (i.e., virtual services) instead of goods. In exemplary implementations, purchases within the virtual space may include purchases of attributes, abilities, and/or characteristics associated with avatars of the virtual space such as special powers, dance moves, expressions (emotes), and/or any other aspect associated with avatars of the virtual space. Transactions in which virtual goods are bought and/or sold may be referred to as microtransactions.” Gunther discloses the concept of a computer program which maintains and controls the implementation and presentation of virtual assets including performance assets.)
Although Gunther discloses a virtual world environment including managing virtual assets, Gunther fails to explicitly disclose the concept of acquiring virtual assets from another virtual environment.
However Adoni as shown, which talks about multiple virtual worlds, teaches the concept of sharing assets between virtual worlds.
an acquiring section that acquires data related to a current state of a second metaverse different from the first metaverse,
wherein the performance control section causes a performance of representing the current state of the second metaverse to be presented in the first metaverse.
(See Adoni ¶0127, “Some embodiments may include a hub allowing a user (e.g., a child operating a computer, a computing platform or a computing station) to conveniently and efficiently move among multiple virtual worlds or online worlds. For example, a virtual character, a virtual entity or a virtual character of the user, which may be constructed and used by the user within a first virtual world, may be transferred to a second, different, virtual world. Optionally, the transfer may include conversion or translation of features of the virtual entity, from features that are suitable for the first virtual world, to features that are suitable for the second virtual world. The user may thus be able to act and move within a Virtual Worlds Network (VWN), optionally implemented using hub-and-spoke architecture as described herein, allowing the user to create, play and interact with other characters (e.g., other users or NPCs and Bots), and allowing the user to easily move from a first virtual world of the VWN to a second, different, virtual world of the VWN while maintaining all or some of the user's achievements.” Adoni teaches the concept of accessing features/assets from a second world and enabling the usage of features of assets in a first world.)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Adoni with the invention of Gunther. As shown, Gunther discloses the concept of managing assets in a virtual online environment including assets which are performative. Adoni further teaches the concept of multiple virtual worlds including migrating between different worlds using the same avatar. Adoni further teaches the concept of enabling transfer of avatars between virtual worlds including assets from gained in different worlds. Adoni teaches this concept to address the issues common in multiple virtual environment including loss of avatar, features, and benefits (See Adoni ¶0128). Thus it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Adoni to further enable the easy transfer of avatars between different virtual environments.
As per claim 2:
The metaverse management device according to claim 1, wherein the performance control section causes, as the performance, a performance including at least one of a sound and light representing an event that is currently being held in the second metaverse to be presented. (See Adoni ¶0093, “In some embodiments, a user may obtain, purchase or otherwise own particular gestures, features or "powers" that will be available to his avatar. In some embodiments, acquired powers may be based on powers associated with branded characters (for example, a "superman" may be able to fly, whereas a "snow white" may not be able to fly), may be based on inventory items (for example, holding a magic wand may allow performance of magic tricks), or may be based on the particular story (e.g., a "prince" character may be able to perform a "kiss" gesture towards a "sleeping beauty" character). In some embodiments, power may be transferred by the user between virtual spaces, or may follow an avatar to other virtual spaces.” Adoni teaches the asset to include audio and visual elements.)
As per claim 4:
The metaverse management device according to claim 1, wherein the performance control section causes an area of the first metaverse where the performance is presented to be displayed in a manner different from those for surrounding areas. (See Adoni ¶0090, “Avatars may be user-personalized and customizable, and may be controlled using the mouse, the keyboard, the numeric pad, or the like. In some embodiments, pressing a key in the numeric pad triggers the avatar to perform a certain gesture or dance or operation (e.g., a pre-defined dance, a random dance, laugh, fight) in various spaces of the virtual game 150, for example, in the story-land virtual space 155. In some embodiments, each key in the numeric keypad may trigger a different gesture or dancing move of the avatar, thereby allowing the user to initiate and control an animated dance of its avatar by pressing keys in the numeric keypad. In some embodiments, an avatar may "own" or may be associated with one or more "personal houses" or personal pages of the user that controls the avatar.” Adoni teaches the concept of the asset/performance to be presented in the virtual environment including altering the surrounding presentation area.)
As per claim 6:
The metaverse management device according to claim 1, wherein the performance control section changes over time a location where the performance is presented in the first metaverse. (See Adoni ¶0103, “In some embodiments, each movement or operation in the virtual game 150 may have its unique sound. Additionally, a story teller voice may be of a famous actor who is well known to the children in their native language. In some embodiments, the tale plot is followed by tale-related or folk-related soundtrack or background music. For example, in some embodiments, fairy tales tunes may be used and played using classic instruments (harp, violin, or the like) or using modern instruments (guitar, drums, or the like).” Adoni teaches the concept of altering the environment over time.)
As per claim 7:
The metaverse management device according to claim 1, further comprising:
a storage section that stores payment of an advertising fee from the second metaverse side, (See Gunther ¶0009, “The virtual space servers may comprise electronic storage, one or more processors, and/or other components. Electronic storage may comprise electronic storage media that electronically stores information. The processor(s) may be configured to provide information processing capabilities in virtual space servers. The processor(s) may be configured to execute one or more computer program modules. The one or more computer program modules may include one or more of a funds provider interface module, an allowance fund module, a transactional fund module, an allowance disbursement module, a tasks management module, a goals management module, a behavior monitoring module, and/or other modules.” Gunther discloses a storage section for managing avatar and funds tracking/processing.)
wherein the performance control section causes the performance representing the current state of the second metaverse to be presented in the first metaverse, on condition that the advertising fee is paid from the second metaverse. (See Gunther ¶0030, “Purchases within the virtual space may include purchases of virtual goods. Virtual goods may be non-physical objects that can be purchased for use in online communities, online games, virtual worlds, and other virtual spaces. Virtual goods may include, for example, such things as digital gifts, digital clothing for avatars, virtual real estate, virtual neighborhoods, virtual objects that are usable by an avatar within a virtual space, virtual objects that are controllable by a user within a virtual space, and/or any other virtual item. Virtual goods may be classified as services (i.e., virtual services) instead of goods. In exemplary implementations, purchases within the virtual space may include purchases of attributes, abilities, and/or characteristics associated with avatars of the virtual space such as special powers, dance moves, expressions (emotes), and/or any other aspect associated with avatars of the virtual space. Transactions in which virtual goods are bought and/or sold may be referred to as microtransactions.” Gunther discloses tracking and managing assets based on funds.)
As per claim 8:
A metaverse management method performed by a computer, comprising:
controlling a performance in a first metaverse; and (See Gunther ¶0030, “Purchases within the virtual space may include purchases of virtual goods. Virtual goods may be non-physical objects that can be purchased for use in online communities, online games, virtual worlds, and other virtual spaces. Virtual goods may include, for example, such things as digital gifts, digital clothing for avatars, virtual real estate, virtual neighborhoods, virtual objects that are usable by an avatar within a virtual space, virtual objects that are controllable by a user within a virtual space, and/or any other virtual item. Virtual goods may be classified as services (i.e., virtual services) instead of goods. In exemplary implementations, purchases within the virtual space may include purchases of attributes, abilities, and/or characteristics associated with avatars of the virtual space such as special powers, dance moves, expressions (emotes), and/or any other aspect associated with avatars of the virtual space. Transactions in which virtual goods are bought and/or sold may be referred to as microtransactions.” Gunther discloses the concept of a computer program which maintains and controls the implementation and presentation of virtual assets including performance assets.)
Although Gunther discloses a virtual world environment including managing virtual assets, Gunther fails to explicitly disclose the concept of acquiring virtual assets from another virtual environment.
However Adoni as shown, which talks about multiple virtual worlds, teaches the concept of sharing assets between virtual worlds.
acquiring data related to a current state of a second metaverse different from the first metaverse,
wherein the controlling the performance is causing a performance representing the current state of the second metaverse to be presented in the first metaverse.
(See Adoni ¶0127, “Some embodiments may include a hub allowing a user (e.g., a child operating a computer, a computing platform or a computing station) to conveniently and efficiently move among multiple virtual worlds or online worlds. For example, a virtual character, a virtual entity or a virtual character of the user, which may be constructed and used by the user within a first virtual world, may be transferred to a second, different, virtual world. Optionally, the transfer may include conversion or translation of features of the virtual entity, from features that are suitable for the first virtual world, to features that are suitable for the second virtual world. The user may thus be able to act and move within a Virtual Worlds Network (VWN), optionally implemented using hub-and-spoke architecture as described herein, allowing the user to create, play and interact with other characters (e.g., other users or NPCs and Bots), and allowing the user to easily move from a first virtual world of the VWN to a second, different, virtual world of the VWN while maintaining all or some of the user's achievements.” Adoni teaches the concept of accessing features/assets from a second world and enabling the usage of features of assets in a first world.)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Adoni with the invention of Gunther. As shown, Gunther discloses the concept of managing assets in a virtual online environment including assets which are performative. Adoni further teaches the concept of multiple virtual worlds including migrating between different worlds using the same avatar. Adoni further teaches the concept of enabling transfer of avatars between virtual worlds including assets from gained in different worlds. Adoni teaches this concept to address the issues common in multiple virtual environment including loss of avatar, features, and benefits (See Adoni ¶0128). Thus it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Adoni to further enable the easy transfer of avatars between different virtual environments.
As per claim 9:
A computer program for a computer, comprising:
by a performance control section, of controlling a performance in a first metaverse; and (See Gunther ¶0030, “Purchases within the virtual space may include purchases of virtual goods. Virtual goods may be non-physical objects that can be purchased for use in online communities, online games, virtual worlds, and other virtual spaces. Virtual goods may include, for example, such things as digital gifts, digital clothing for avatars, virtual real estate, virtual neighborhoods, virtual objects that are usable by an avatar within a virtual space, virtual objects that are controllable by a user within a virtual space, and/or any other virtual item. Virtual goods may be classified as services (i.e., virtual services) instead of goods. In exemplary implementations, purchases within the virtual space may include purchases of attributes, abilities, and/or characteristics associated with avatars of the virtual space such as special powers, dance moves, expressions (emotes), and/or any other aspect associated with avatars of the virtual space. Transactions in which virtual goods are bought and/or sold may be referred to as microtransactions.” Gunther discloses the concept of a computer program which maintains and controls the implementation and presentation of virtual assets including performance assets.)
Although Gunther discloses a virtual world environment including managing virtual assets, Gunther fails to explicitly disclose the concept of acquiring virtual assets from another virtual environment.
However Adoni as shown, which talks about multiple virtual worlds, teaches the concept of sharing assets between virtual worlds.
by an acquiring section, of acquiring data related to a current state of a second metaverse different from the first metaverse,
wherein the function of controlling the performance is causing a performance representing the current state of the second metaverse to be presented in the first metaverse. (See Adoni ¶0127, “Some embodiments may include a hub allowing a user (e.g., a child operating a computer, a computing platform or a computing station) to conveniently and efficiently move among multiple virtual worlds or online worlds. For example, a virtual character, a virtual entity or a virtual character of the user, which may be constructed and used by the user within a first virtual world, may be transferred to a second, different, virtual world. Optionally, the transfer may include conversion or translation of features of the virtual entity, from features that are suitable for the first virtual world, to features that are suitable for the second virtual world. The user may thus be able to act and move within a Virtual Worlds Network (VWN), optionally implemented using hub-and-spoke architecture as described herein, allowing the user to create, play and interact with other characters (e.g., other users or NPCs and Bots), and allowing the user to easily move from a first virtual world of the VWN to a second, different, virtual world of the VWN while maintaining all or some of the user's achievements.” Adoni teaches the concept of accessing features/assets from a second world and enabling the usage of features of assets in a first world.)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Adoni with the invention of Gunther. As shown, Gunther discloses the concept of managing assets in a virtual online environment including assets which are performative. Adoni further teaches the concept of multiple virtual worlds including migrating between different worlds using the same avatar. Adoni further teaches the concept of enabling transfer of avatars between virtual worlds including assets from gained in different worlds. Adoni teaches this concept to address the issues common in multiple virtual environment including loss of avatar, features, and benefits (See Adoni ¶0128). Thus it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Adoni to further enable the easy transfer of avatars between different virtual environments.
Claim(s) 3, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunther (US 20110270698 A1) (hereafter Gunther), in view of Adoni et al. (US 20110107239 A1) (hereafter Adoni), in view of Bonnevie et al. (US 20220036613 A1) (hereafter Bonnevie).
As per claim 3:
Although the combination of Gunther and Adoni discloses the above-enclosed invention, the combination fails to explicitly disclose the asset performance for attention to include particular functions.
However Bonnevie as shown, which talks about providing special effects in online content to emphasize/attract attention, teaches the concept of attracting attention using particular functions.
The metaverse management device according to claim 1, wherein the performance control section performs at least one of causing a controller of a user to vibrate and causing content that is being displayed on a screen viewed by a user to vibrate, together with the performance. (See Bonnevie ¶0047, “In the nonlimiting example seen in FIG. 2, the special effect 57 includes a gray-colored rectangular shape border overlay located within the perimeter of the displayed AD content 52. However, the special effect 57 can include a circle, oval, triangle or any other shape that can emphasize or “bring-to-life” the subject (for example, image 32, shown in FIG. 9). Moreover, the special effect 57 can be animated, such as, for example, a spinning circle (not shown), or portions of the image content (for example, image 32) can be zoomed-in, zoomed-out, blurred, brought into focus, vibrated, or otherwise manipulated to grab the user's attention when viewing the display on the end-user communication device 40. The layout of the display regions 53, 54 or special effect 57 can be arranged to emphasize the image 32, textual message 34 and call-to-action 56, as these are likely to be “clicked” by users.” Bonnevie teaches the concept of attracting attention including utilizing a vibration function.)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Bonnevie with the combination of Gunther and Adoni. As shown, the combination discloses the concept of avatars to utilize particular assets to gain attention (See Adoni ¶0124). Bonnevie further teaches the concept of utilizing different techniques to attract attention including additional outputs such as vibration, audio, and alternations to visual elements (See Bonnevie ¶0047). Thus it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Bonnevie to attract attention through additional changes and outputs in a graphical interface/environment.
As per claim 5:
Although the combination of Gunther and Adoni discloses the above-enclosed invention, the combination fails to explicitly disclose the asset performance for attention to include particular functions.
However Bonnevie as shown, which talks about providing special effects in online content to emphasize/attract attention, teaches the concept of attracting attention using particular functions.
The metaverse management device according to claim 1, wherein the performance control section causes a border between an area of the first metaverse where the performance is presented and surrounding areas to be displayed in a blurred manner. (See Bonnevie ¶0047, “In the nonlimiting example seen in FIG. 2, the special effect 57 includes a gray-colored rectangular shape border overlay located within the perimeter of the displayed AD content 52. However, the special effect 57 can include a circle, oval, triangle or any other shape that can emphasize or “bring-to-life” the subject (for example, image 32, shown in FIG. 9). Moreover, the special effect 57 can be animated, such as, for example, a spinning circle (not shown), or portions of the image content (for example, image 32) can be zoomed-in, zoomed-out, blurred, brought into focus, vibrated, or otherwise manipulated to grab the user's attention when viewing the display on the end-user communication device 40. The layout of the display regions 53, 54 or special effect 57 can be arranged to emphasize the image 32, textual message 34 and call-to-action 56, as these are likely to be “clicked” by users.” Bonnevie teaches the concept of attracting attention including altering focus of the visual element.)
Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Bonnevie with the combination of Gunther and Adoni. As shown, the combination discloses the concept of avatars to utilize particular assets to gain attention (See Adoni ¶0124). Bonnevie further teaches the concept of utilizing different techniques to attract attention including additional outputs such as vibration, audio, and alternations to visual elements (See Bonnevie ¶0047). Thus it would have been obvious to one of ordinary skill in the art at the time of filing to have utilized the teachings of Bonnevie to attract attention through additional changes and outputs in a graphical interface/environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Handa et al. (US 20230104139 A1), which talks about avatar and object management in a virtual environment including movement between multiple virtual spaces.
Blatchley et al. (US 9026458 B2), which talks about presenting advertisements virtual world avatars.
Shuster et al. (US 20130047217 A1), which talks about managing virtual world avatars including movement between different virtual worlds.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT M CAO whose telephone number is (571)270-5598. The examiner can normally be reached Monday - Friday 11-7.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ILANA SPAR can be reached at (571) 270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VINCENT M CAO/Primary Examiner, Art Unit 3622
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