CTNF 19/242,783 CTNF 91288 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-27 AIA Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/558,537 , filed on 06/23/2020 . This application discloses and claims only subject matter disclosed in prior Application No. 17/558,537, filed 06/23/2020, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation . The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application . Drawings 06-37 AIA The drawings were received on 06/18/2025 . These drawings are acceptable . Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7-14, 31, and 32 of U.S. Patent No. 11,909,945 B2. Instant Application 19/242,783 Claim 1 U.S. Patent 11,909,945 B2 Claim 1 A display control device comprising: a processor; and a memory connected to or built in the processor, wherein the processor acquires first position information indicating a first position of a first person with respect to an imaging region, A display control device comprising: a processor; and a memory connected to or built in the processor, wherein the processor acquires first viewpoint position information indicating a first viewpoint position of a first person with respect to an imaging region, performs a control of causing a first display capable of displaying a video visually recognized by a second person different from the first person to display a first video selected from among a plurality of videos, and performs a control of causing a first display capable of displaying a video visually recognized by a second person different from the first person to display a first viewpoint video selected from among a plurality of viewpoint videos generated based on images obtained by imaging the imaging region from a plurality of viewpoint positions different from each other , and performs a control of displaying first specific information for specifying the first position indicated by the acquired first position information in the first video and performs a control of displaying first specific information for specifying the first viewpoint position indicated by the acquired first viewpoint position information in the first viewpoint video and performs a control of changing a display method of the first specific information based on the first video in a case in which the first position indicated by the acquired first position information is included in the first video performs a control of changing a display size of the first specific information depending on an angle of view of the first viewpoint video displayed on the first display in a case in which the first viewpoint position indicated by the acquired first viewpoint position information is included in the first viewpoint video. Although the claims at issue are not identical, they are not patentably distinct from each other in that the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim. In regard to claims 2-11 of the instant application, these claims are rejected as being unpatentable over claims 2-3 and 7-14 respectively of the US Patent. Instant Application 19/242,783 Claim 12 U.S. Patent 11,909,945 B2 Claim 31 A display control method comprising: acquiring first position information indicating a first position of a first person with respect to an imaging region; A display control method comprising: acquiring first viewpoint position information indicating a first viewpoint position of a first person with respect to an imaging region; performing a control of causing a first display capable of displaying a video visually recognized by a second person different from the first person to display a first video selected from among a plurality of videos; and performing a control of causing a first display capable of displaying a video visually recognized by a second person different from the first person to display a first viewpoint video selected from among a plurality of viewpoint videos generated based on images obtained by imaging the imaging region from a plurality of viewpoint positions different from each other ; and performing a control of displaying first specific information for specifying the first position indicated by the acquired first position information in the first video and performing a control of changing a display method of the first specific information based on the first video in a case in which the first position indicated by the acquired first position information is included in the first video. performing a control of displaying first specific information for specifying the first viewpoint position indicated by the acquired first viewpoint position information in the first viewpoint video and performing a control of changing a display size of the first specific information depending on an angle of view of the first viewpoint video displayed on the first display in a case in which the first viewpoint position indicated by the acquired first viewpoint position information is included in the first viewpoint video. Although the claims at issue are not identical, they are not patentably distinct from each other in that the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim. Instant Application 19/242,783 Claim 13 U.S. Patent 11,909,945 B2 Claim 32 A non-transitory computer-readable storage medium storing a program for causing a computer to execute a process comprising: acquiring first position information indicating a first position of a first person with respect to an imaging region; A non-transitory computer-readable storage medium storing a program for causing a computer to execute a process comprising: acquiring first viewpoint position information indicating a first viewpoint position of a first person with respect to an imaging region; performing a control of causing a first display capable of displaying a video visually recognized by a second person different from the first person to display a first video selected from among a plurality of videos; and performing a control of causing a first display capable of displaying a video visually recognized by a second person different from the first person to display a first viewpoint video selected from among a plurality of viewpoint videos generated based on images obtained by imaging the imaging region from a plurality of viewpoint positions different from each other ; and performing a control of displaying first specific information for specifying the first position indicated by the acquired first position information in the first video and performing a control of changing a display method of the first specific information based on the first video in a case in which the first position indicated by the acquired first position information is included in the first video. performing a control of displaying first specific information for specifying the first viewpoint position indicated by the acquired first viewpoint position information in the first viewpoint video and performing a control of changing a display size of the first specific information depending on an angle of view of the first viewpoint video displayed on the first display in a case in which the first viewpoint position indicated by the acquired first viewpoint position information is included in the first viewpoint video. Although the claims at issue are not identical, they are not patentably distinct from each other in that the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 1 and 3-13 are rejected under 35 U.S.C. 103 as being unpatentable over Satoh et al. US 7,289,130 B1, hereafter Satoh, in view of Oyanagi et al. US 2020/0118336 A1, hereafter Oyanagi, further in view of Hohjoh et al. US 2018/0304153 A1, hereafter Hohjoh . Regarding claim 1 , Satoh discloses a display control device (apparatus) [title] comprising: a processor (CPU 701) [FIG. 7] ; and a memory connected to or built in the processor (ROM 702) [FIG. 7] , wherein the processor acquires first position information indicating a first position of a first person (player 101…wearing the HMD 107; measures the external parameters (information of the viewpoint position and posture) of the HMD 107) [column 4, lines 53-56; column 6, line 1] with respect to an imaging region (reference numeral 103 denotes an objective viewpoint sensing camera…for sensing a state in which the player 101 is playing the AR game…video sensed by the camera 103 (to be referred to as an objective viewpoint actually sensed video)) [column 4, lines 58-64] , performs a control of causing a first display capable of displaying a video visually recognized by a second person different from the first person (display 106) [FIG. 1] to display a first video (this objective viewpoint AR video is displayed on the display 106, and watcher can see the overall view of the AR game by reviewing the objective viewpoint AR video) [column 6, lines 65-67] selected from among a plurality of videos (selector 903 outputs selection information indicating the camera selected to the switching device 902…cameras 901a, 901b, and 901c) [column 11, lines 23-30] , and performs a control of displaying first specific information in the first video (the objective viewpoint video generator 202 generates objective viewpoint virtual videos on the basis of the information that pertains to rendering of the virtual objects 102) [column 6, lines 6-10] . However, Satoh fails to explicitly disclose performs a control of displaying first specific information for specifying the first position indicated by the acquired first position information in the first video and performs a control of changing a display method of the first specific information based on the first video in a case in which the first position indicated by the acquired first position information is included in the first video. Oyanagi, in an analogous environment, discloses performs a control of displaying first specific information for specifying the first position indicated by the acquired first position information in the first video (in the avatar arrangement function, for example, in the HMD 2 worn by related person Ua, a human-like object (herein referred to as an “avatar” corresponding to the position and the angle of another related person (for example, the related person Ub) within the virtual space is arranged within the virtual space) [0121]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to display a virtual avatar corresponding to position information, as disclosed by Oyanagi, with the invention disclosed by Satoh, the motivation being smooth communication in a virtual space [0003]. Further Hohjoh in an analogous environment, discloses performs a control of changing a display method of the first specific information based on the first video in a case in which the first position indicated by the acquired first position information is included in the first video (game state control unit 33, as described above, determines the sizes of the competitors 10A and 10B in a composite image on the basis of the determination. The game state control unit 33 then integrates this set of information into the spectator viewpoint information) [0053]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the virtual object sizing, as disclosed by Hohjoh, with the invention disclosed by the combination, the motivation being generating a more effective third party image [0007]. Regarding claim 3 , Satoh, Oyanagi, and Hohjoh address all of the features with respect to claim 1 as outlined above. Hohjoh further discloses performs a control of changing a display aspect of the first specific information based on a relationship between a display method of the first video and the display method of the first specific information (game state control unit 33, as described above, determines the sizes of the competitors 10A and 10B in a composite image on the basis of the determination. The game state control unit 33 then integrates this set of information into the spectator viewpoint information) [0053]. Regarding claim 4 , Satoh, Oyanagi, and Hohjoh address all of the features with respect to claim 1 as outlined above. Oyanagi further discloses the first display is provided in a first head mounted display mounted on the second person (the related persons Ua and Ub respectively fit HMDs) [0042]. Regarding claim 5 , Satoh, Oyanagi, and Hohjoh address all of the features with respect to claim 1 as outlined above. Satoh further discloses the first video is a video selected from among the plurality of videos in response to a first instruction for selecting any one of the plurality of videos, which is received by a first reception device capable of receiving the first instruction (selector 903 outputs selection information indicating the camera selected to the switching device 902…cameras 901a, 901b, and 901c) [column 11, lines 23-30]. Regarding claim 6 , Satoh, Oyanagi, and Hohjoh address all of the features with respect to claim 1 as outlined above. Hohjoh further discloses acquires first visual line direction information indicating a first visual line direction of the first person with respect to the imaging region, and the first specific information includes information for specifying the first visual line direction indicated by the first visual line direction information acquired by the processor (detect a real-world viewpoint of the competitor 10A…and the direction of his/her line of sight in the real world) [0040]. Regarding claim 7 , Satoh, Oyanagi, and Hohjoh address all of the features with respect to claim 1 as outlined above. Satoh further discloses each of the plurality of videos has peculiar viewpoint position information indicating a peculiar viewpoint position (camera parameters (positions, postures, field angles, and the like) [column 11, lines 5-6] , each of the plurality of videos is a video showing the imaging region observed from the corresponding peculiar viewpoint position (HMD 107…video camera(s) inside; cameras 901a, 901b, and 901c…senses video) [column 4, lines 40-45; column 11, lines 5-10] , and the first position information is the peculiar viewpoint position information of any one of the plurality of videos (subjective viewpoint actually sensed video) [column 5, line 9]. Regarding claim 8 , Satoh, Oyanagi, and Hohjoh address all of the features with respect to claim 7 as outlined above. Satoh further discloses acquires the peculiar viewpoint position information corresponding to a second video selected from among the plurality of videos (HMD 107…video camera(s) inside; cameras 901a, 901b, and 901c…senses video) [column 4, lines 40-45; column 11, lines 5-10]. Oyanagi further discloses displayed on a second display capable of displaying a video visually recognized by the first person and the second video, as the first position information (the related persons Ua and Ub respectively fit HMDs) [0042]. Regarding claim 9 , Satoh, Oyanagi, and Hohjoh address all of the features with respect to claim 1 as outlined above. Hohjoh further discloses acquires first visual line direction information indicating a first visual line direction of the first person with respect to the imaging region (detect a real-world viewpoint of the competitor 10A…and the direction of his/her line of sight in the real world) [0040] . Satoh further discloses the first specific information includes information for specifying the first visual line direction indicated by the first visual line direction information acquired by the processor (camera parameters (positions, postures, field angles, and the like) [column 11, lines 5-6] , and the processor acquires information indicating a direction facing a second video selected from among the plurality of videos (camera parameters (positions, postures, field angles, and the like) [column 11, lines 5-6] , which is displayed on a second display capable of displaying a video visually recognized by the first person and the second video, as the first visual line direction information (player 101…wearing the HMD 107) [column 4, lines 53-56]. Regarding claim 10 , Satoh, Oyanagi, and Hohjoh address all of the features with respect to claim 9 as outlined above. Satoh further discloses the second display is provided in a second head mounted display mounted on the first person (player 101…wearing the HMD 107) [column 4, lines 53-56]. Regarding claim 11 , Satoh, Oyanagi, and Hohjoh address all of the features with respect to claim 8 as outlined above. Satoh further discloses the second video is a video selected from among the plurality of videos in response to a second instruction for selecting any one of the plurality of videos, which is received by a second reception device capable of receiving the second instruction (selector 903 outputs selection information indicating the camera selected to the switching device 902…cameras 901a, 901b, and 901c) [column 11, lines 23-30]. Claims 12 are drawn to a method implemented by the device in claim 1, and are therefore rejected in the same manner as above. Regarding claim 13 , computer readable medium claim 13 is drawn to the instructions corresponding to the method of claim 1. Therefore, computer readable medium claim 13 corresponds to method claim 1 and is rejected for the same reasons of unpatentability as used above . 07-21-aia AIA Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Satoh, Oyanagi, and Hohjoh, further in view of Yoshimura et al. US 2018/0184072 A1, hereafter Yoshimura . Regarding claim 2 , Satoh, Oyanagi, and Hohjoh address all of the features with respect to claim 1 as outlined above. However, the combination fails to explicitly disclose performs a control of setting a degree of difference between an image quality of the first video and an image quality of the first specific information within a first predetermined range. Yoshimura, in an analogous environment, discloses performs a control of setting a degree of difference between an image quality of the first video and an image quality of the first specific information within a first predetermined range (a difference of image quality between the objects of interest falls within a predetermined range) [abstract]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the quality range, as disclosed by Yoshimura, with the invention disclosed by the combination, the motivation being reducing undesirable affects on a viewer [0006] . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Kawamae US 2022/0114792 A1 discloses determining the position of a HMD . Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEFAN GADOMSKI whose telephone number is (571)270-5701. The examiner can normally be reached Monday - Friday, 12-8PM EST. 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, Jay Patel can be reached at 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. STEFAN GADOMSKI Primary Examiner Art Unit 2485 /STEFAN GADOMSKI/Primary Examiner, Art Unit 2485 Application/Control Number: 19/242,783 Page 2 Art Unit: 2485 Application/Control Number: 19/242,783 Page 3 Art Unit: 2485 Application/Control Number: 19/242,783 Page 4 Art Unit: 2485 Application/Control Number: 19/242,783 Page 5 Art Unit: 2485 Application/Control Number: 19/242,783 Page 6 Art Unit: 2485 Application/Control Number: 19/242,783 Page 7 Art Unit: 2485 Application/Control Number: 19/242,783 Page 8 Art Unit: 2485 Application/Control Number: 19/242,783 Page 9 Art Unit: 2485 Application/Control Number: 19/242,783 Page 10 Art Unit: 2485 Application/Control Number: 19/242,783 Page 11 Art Unit: 2485 Application/Control Number: 19/242,783 Page 12 Art Unit: 2485 Application/Control Number: 19/242,783 Page 13 Art Unit: 2485 Application/Control Number: 19/242,783 Page 14 Art Unit: 2485 Application/Control Number: 19/242,783 Page 15 Art Unit: 2485 Application/Control Number: 19/242,783 Page 16 Art Unit: 2485 Application/Control Number: 19/242,783 Page 17 Art Unit: 2485 Application/Control Number: 19/242,783 Page 18 Art Unit: 2485 Application/Control Number: 19/242,783 Page 19 Art Unit: 2485 Application/Control Number: 19/242,783 Page 20 Art Unit: 2485 Application/Control Number: 19/242,783 Page 21 Art Unit: 2485 Application/Control Number: 19/242,783 Page 22 Art Unit: 2485
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