Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12340088 (hereinafter ‘088 patent) in view of Oshima, US 20190240577 A1 (hereinafter “Oshima”).
Claim 1 of US 12430088 B2
Claim 1 of pending application
A system comprising:
A system comprising:
a server including a first processor that provides a character image; and
a server that includes a database that stores character images associated with each character, and a first processor that provides the character images;
a terminal including a second processor that communicates with the server through a network,
a terminal that includes a second processor that communicates with the server through a network, and
wherein the first processor is configured to cause a first character image to be displayed as an augmented reality on a display of the terminal, and
the second processor is configured to:
capture the first character image displayed as the augmented reality on the display of the terminal;
associate the captured first character image with a character ID for identifying a character;
cause the captured first character image to be printed to generate a print having thereon the first character image and a code image of the character ID; and
transmit detection information to the server, in a case where the captured first character image is output to a printer to generate the print, and
a printer that receives a printing instruction from the terminal,
wherein the second processor is configured to
transmit to the server, detection information indicating that a first character image included in the character images is printed, in a case where a printing instruction to cause the printer to print the first character image is detected, and
the first processor is configured to,
in a case where a number of times that the detection information is received reaches a threshold number,
transmit a second character image to which the first character image is changed to the terminal.
the first processor is configured to:
obtain a second character image from the character images stored in the database,
the second character image corresponding to a status that has been changed from a status of a character associated with the first character image, in a case where it is determined that the number of times that the first character image is printed reaches a threshold number; and transmit the second character image to the terminal.
Claim 2 of US 12430088 B2
Claim 3 of pending application
The system according to claim 1,
wherein the server includes a memory that stores at least one of information about a user who owns a character of the character image, status information of the character, or information related to an exterior of the character.
The system according to claim 1, wherein the server includes a management database that stores at least one of information about a user who has selected the character, the status of the character or information related to an exterior of the character.
Claim 3 of US 12430088 B2
Claim 4 of pending application
The system according to claim 1,
wherein the first processor is configured to permit the second character image to be transmitted to the terminal only a predetermined number of times in a predetermined period.
The system according to claim 1 wherein the first processor is configured to permit the second character image to be transmitted to the terminal only a predetermined number of times in a predetermined period.
Claim 4 of US 12430088 B2
Claim 5 of pending application
The system according to claim 1,
wherein the second character image includes effect information that is information related to an effect added in a case where the second character image is displayed.
The system according to claim 1, wherein the second character image includes effect information that is information related to an effect added in a case where the second character image is displayed.
Claim 5 of US 12430088 B2
Claim 6 of pending application
The system according to claim 1,
wherein the character image is composed of a character of a game or of a captured image of a person.
The system according to The system according to wherein the character is a character of a game or a captured image of a person.
Claim 6 of US 12430088 B2
Claim 7 of pending application
An image display method of a system including
An image provisioning method of a system including:
a server including a first processor that provides a character image and
a server including a database that stores character images associated with each character and a first processor that provides the character images;
a terminal including a second processor that communicates with the server through a network,
a terminal including a second processor that communicates with the server through a network; and
the image display method comprising:
acquiring by the second processor, a first character image to be displayed as an augmented reality on a display of the terminal, from the first processor;
capturing the first character image displayed as the augmented reality on the display of the terminal;
associating the captured first character image with a character ID for identifying a character;
causing by the second processor, the captured first character image to be printed to generate a print having thereon the first character image and a code image of the character ID;
transmitting by the second processor, detection information to the server in a case where the terminal outputs the captured first character image to a printer to generate the print; and
a printer that receives a printing instruction from the terminal,
the image provisioning method comprising:
transmitting by the second processor, detection information to the server, the detection information indicating that a first character image included in the character images is printed, in a case where a printing instruction to cause the printer to print the first character image is detected;
transmitting by the first processor, a second character image to which the first character image is changed to the terminal in a case where a number of times that the detection information is received reaches a threshold number.
obtaining by the first processor, a second character image from the character images stored in the database, the second character image corresponding to a status that has been changed from a status of a character associated with the first character image, in a case where it is determined that the number of times that the first character image is printed reaches a threshold number; and
transmitting by the first processor, the second character image to the terminal.
Claim 7 of US 12430088 B2
Claim 8 of pending application
A non-transitory, computer-readable tangible recording medium which records thereon a program for causing a system to execute an image display method, the system including
A non-transitory, computer-readable tangible recording medium which records thereon a program for causing a system to execute an image provisioning method, the system including:
a server including
a server including
a database that stores character images associated with each character and
a first processor that provides a character image and
a first processor that provides a character image;
a terminal including a second processor that communicates with the server through a network,
a terminal including a second processor that communicates with the server through a network; and
the image display method comprising:
acquiring by the second processor, a first character image to be displayed as an augmented reality on a display of the terminal, from the first processor;
capturing by the second processor, the first character image displayed as the augmented reality on the display of the terminal;
associating the captured first character image with a character ID for identifying a character;
causing by the second processor, the captured first character image to be printed to generate a print having thereon the first character image and a code image of the character ID;
transmitting by the second processor, detection information to the server in a case where the terminal outputs the captured first character image to a printer to generate the print; and
transmitting by the first processor, a second character image to which the first character image is changed to the terminal in a case where a number of times that the detection information is received reaches a threshold number.
a printer that receives a printing instruction from the terminal,
the image provisioning method comprising:
transmitting by the second processor, detection information to the server, the detection information indicating that a first character image included in the character images is printed, in a case where a printing instruction to cause the printer to print the first character image is detected;
obtaining by the first processor, a second character image from the character images stored in the database, the second character image corresponding to a status that has been changed from a status of a character associated with the first character image, in a case where it is determined that the number of times that the first character image is printed reaches a threshold number; and transmitting by the first processor, the second character image to the terminal.
While not verbatim identical, claims of ‘088 patent substantially discloses all claimed feature of pending application and is capable of performing the same functions as claimed in pending application, except:
From claim 1, ‘088 patent does not disclose in particular that the system comprises a database wherein character information is stored and obtained. However, ‘088 patent discloses that the association between captured character ID and character image, which is required to be stored somewhere.
From claim 2, ‘088 patent does not disclose in particular that the character image may be printed based on instruction from user, as in: “wherein the second processor is configured to transmit a printing instruction to cause the printer to print the second character image to the printer based on an instruction of a user of the terminal, in a case where the second character image is displayed on the terminal.”
In similar field of endeavor, Oshima discloses similar system wherein game character may be captured, associated with user, and printed based on instruction from user/player, the system comprising a server with database storing information about character appearance (paragraph 38: “The server includes a database that manages personal information related to a user of the camera-equipped portable terminal, character identification information specifying a character appearing in the online game, and print identification information related to a photo print in association with each other”), and the concept of allowing user to issue printing instruction to cause a pritern to print character displayed on terminal (fig. 1, fig. 8, paragraphs 129-135, 140, “in a case where the print instruction information is received by a touch operation of the user performed on the display and input unit 120 in a state where the still image file is read from the storage unit 150 or the captured still image is displayed on the display and input unit 120, a transition is made to step S20 in which a process of embedding necessary information in the still image is performed”, “the still image in which the status information and the personal information are embedded is output to the mobile printer from the wireless communication unit 110 or the external input-output unit 160 of the smartphone 100 (step S22), and the photo print is printed (step S24). The still image in which the status information and the personal information are embedded may be transmitted (output) to the print server 310 from the smartphone 100 through the network 330 or to the print server 310 through the game server 200. The photo print may be printed in the print server 310”).
It would have been obvious to one of ordinary skill in the art at the time of filing to incorporate the concept of utilizing database to store character information, and allowing user to issue print instruction to print character displayed, such as disclosed by Oshima, into the claims of ‘088 patent, to constitute wherein the system comprises a database wherein character information is stored and obtained, and wherein the second processor is configured to transmit a printing instruction to cause the printer to print the second character image to the printer based on an instruction of a user of the terminal, in a case where the second character image is displayed on the terminal, such is incorporation of a known technique into a known device to yield predictable result, the result would have been predictable and would allow system memory to store game information in database and allow user print game character as desired.
Conclusion
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/PEIJIE SHEN/Examiner, Art Unit 2622
/PATRICK N EDOUARD/Supervisory Patent Examiner, Art Unit 2622
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