www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/943,283
`
`09/13/2022
`
`Yasushi OKUMURA
`
`116335-1469349-001060US
`
`3106
`
`Sony / Kilpatrick Townsend & Stockton LLP
`Mailstop: IP Docketing - 22
`1100 Peachtree Street
`Suite 2800
`Atlanta, GA 30309
`
`ROSARIO, DENNIS
`
`PAPER NUMBER
`
`2676
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/21/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`KTSDocketing2 @ kilpatrick.foundationip.com
`ipefiling @kilpatricktownsend.com
`scea_patent_docket @Playstation.Sony.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C] Claim(s)
`is/are allowed.
`Claim(s) 1-8 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s)filed on 9/13/2022 is/are:
`a)[(¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)£) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Q) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date _____
`Other: See Continuation Sheet
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20241112
`
`Application No.
`Applicant(s)
`17/943,283
`OKUMURAetal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`DENNIS ROSARIO
`2676
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 9/13/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Continuation Sheet (PTOL-326)
`
`Application No. 17/943 ,283
`
`Continuation of Attachment(s) 4) Other:
`SEARCH history, 33 pages;
`Workspace Notes, 1 pages;
`SearchIllustrated, 8 pages;
`Web Search History, 1 pages; and
`17/943,283 Search History, 4 pages.
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 2
`
`DETAILED ACTION
`
`Claim Interpretation
`
`The claims in this application are given their broadest reasonable interpretation
`
`using the plain meaning of the claim languagein light of the specification as it would be
`
`understood by oneofordinary skill
`
`in the art. The broadest reasonable interpretation of
`
`a Claim element (also commonly referred to as a claim limitation) is limited by the
`
`description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph,
`
`is invoked.
`
`As explained in MPEP § 2181, subsection I, claim limitations that meet the
`
`following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35
`
`U.S.C. 112, sixth paragraph:
`
`(A)—the claim limitation uses the term “means”or “step” or a term used as a substitute
`
`for “means” that is a generic placeholder (also called a nonce term or a non-
`
`structural term having no specific structural meaning) for performing the claimed
`
`function;
`
`(B)—the term “means” or “step” or the generic placeholder is modified by functional
`
`language,
`
`typically, but not alwayslinked by the transition word “for” (e.g.,
`
`“meansfor’) or another linking word or phrase, such as “configured to” or “so
`
`that”: and
`
`(C)
`
`the term “means” or “step” or the generic placeholder is not modified by sufficient
`
`structure, material, or acts for performing the claimed function.
`
`Use of the word “means?”(or “step”) in a claim with functional language creates a
`
`rebuttable presumption that the claim limitation is to be treated in accordance with 35
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 3
`
`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph,
`
`is rebutted whenthe claim limitation recites sufficient structure, material, or
`
`acts to entirely perform the recited function.
`
`Absence of the word “means” (or “step”) in aclaim creates a rebuttable
`
`presumption that the claim limitation is not to be treated in accordance with 35 U.S.C.
`
`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph,
`
`is rebutted whenthe claim limitation recites function without reciting
`
`sufficient structure, material or acts to entirely perform the recited function.
`
`Claim limitations in this application that use the word “means”(or “step”) are
`
`being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
`
`except as otherwise indicated in an Office action. Conversely, claim limitations in this
`
`application that do not use the word “means” (or “step”) are not being interpreted under
`
`35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise
`
`indicated in an Office action.
`
`This application includes one or moreclaim limitations that do not use the word
`
`“means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AlA 35
`
`U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder
`
`that is coupled with functional language without reciting sufficient structure to perform
`
`the recited function and the generic placeholder is not preceded by a structural modifier.
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Such claim limitation(s) is/are:
`
`Re claims 1 and 3:
`
`Page 4
`
`“an obtaining section configured to obtain position information...
`a deriving section configured to derive a length...; and
`a production control section configured to perform production” in claim 1.
`
`“an obtaining section configured to obtain position information...
`A deriving section configured to derive a direction...; and
`A production control section configured to perform production” in claim 3
`
`Becausethis/these claim limitation(s) is/are being interpreted under 35 U.S.C.
`
`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
`
`it/they is/are being interpreted to
`
`cover the corresponding structure described in the specification (page 4 & figure 2) as
`
`performing the claimed function, and equivalents thereof:
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 5
`
`FIG.2
`
`2/3
`
`SECTION
`
`| CONTROL SECTION
`
`OBTAINING SECTION
`
`|
`
`Z PRODUCTION CONTROL SECTION
`
`|
`
`DERIVING SECTION
`
`34i
`|
`
`36
`
`The elernents described as functional blocks performing various processes in FiG, 2 can each
`
`include a circuit block, a memory, or another large-scale integrated (LSD circuit or central
`
`pracessing anit (CPU) m terms of hardware, and are implemented by a programloaded in a
`
`memory or the bke in terms of sofiware, Hence, uf is to be understood by those skilled in the art
`
`that these functional blocks can he implemented im various forms by only hardware, only software,
`
`er combinations of hardware and software, and are oot limited to one of the forms.
`
`dn the
`
`miarmafion processing device 1G, the estimating sechion 20 and the cantral section 30 may be
`
`implemented by the same processor and may be inylemented by separate processars.
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 6
`
`If applicant does not intend to havethis/these limitation(s) interpreted under 35
`
`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may:
`
`(1) amend the
`
`claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AlA
`
`35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the
`
`claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s)
`
`sufficient structure to perform the claimed function so as to avoid it/them being
`
`interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
`
`Re claims 1,3,7,8:
`
`The claims in this application are given their broadest reasonable interpretation
`
`using the plain meaning of the claim languagein light of the specification as it would be
`
`understood by oneofordinary skill
`
`in the art. The broadest reasonable interpretation of
`
`a Claim element (also commonly referred to as a claim limitation) is in view of applicant's
`
`disclosure, page 8:
`
`The present technaslogy has been deserdsed above on the basis of the embodiment. According
`
`ig the embodiment, the production control section 36 can perform production auiomatically on the
`
`elements and processing processes af the embodimentare susceptible of various modifications and that such modifications also fall within the scape of the present technology.
`
`20
`
`[basis of a production parameter derived by the deriving section 34. The present entbodimentis
`
`iiustrative, and it ig to be understood by those skilled in the art that combinations of constituent
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 7
`
`Re 3. (Original) An information processing device comprising:
`
`an obtaining section configured to obtain position information of a plurality of
`
`parts of a photographing target;
`
`a deriving section configured to derive a direction’ connecting? two parts to each
`
`other; and
`
`a production control section configured to perform production on a basis of the
`
`derived direction.
`
`Re 4. (Original) The information processing device according to claim 1, wherein
`
`the (output) production control section performs? (A) light production and/or (B) sound
`
`production.
`
`‘direction: the act or an instanceof directing. (Dictionary.com)
`? presentparticipial adjective modifying nouns (section and/or direction), wherein presentparticipleis
`defined: a participial form of verbs (connect) used adjectivally whenthe action it describesis
`contemporaneouswith that of the main verb (‘to perform’) of a sentence and also used in the formation
`of certain compoundtenses. In English this form endsin -ing, wherein adjective is defined: a word
`imputing a characteristic to a noun (section and/or direction) or pronoun (Dictionary.com)
`3 Markush elementof alternatives follow: A and/or B
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 8
`
`Claim Rejections - 35 USC § 101
`
`35 U.S.C. 101 reads asfollows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture,or
`composition of matter, or any new and useful improvementthereof, may obtaina patent
`therefor, subjectto the conditions and requirementsofthis title.
`
`Claims 1-8 rejected under 35 U.S.C. 101 because the claimed invention is
`
`directed to an abstract idea without significantly more.
`
`Step zero: Broadest Reasonable Interpretation, above.
`
`Step 2A:
`
`The claim(s) recite(s) “obtain... information...derive a length”. This mental judicial
`
`exception is not integrated into a practical application because the additional elements
`
`(“a production control section configured to perform production’*; computer stuff via 35
`
`USC 112(f)) with the exception is not improving technology or technical field, such as an
`
`apparatus-platform Theater (applicant’s fig. 1).
`
`Step 2B:
`
`The claim(s) does/do not include additional elements that are sufficient to amount
`
`to significantly more (“novel” “lighting”, disclosure, pg. 8,ll.10-12) than the judicial
`
`exception because the additional elements with the exception is conventional:
`
`applicant’s disclosures BACKGROUND and SUMMARY:pages 1,2, and thus need not
`
`explaining and thus notsignificantly more than the mental exception.
`
`* production:
`1.
`8.
`
`(Broadest Reasonable Interpretation) the act of producing; creation; manufacture.
`(non-Broacest ReasonableInterpretation) the organization and presentation of a
`dramatic entertainment (Dictionary.com)
`° stage Theater A the platform on which the actors perform in a theater.
`B this platform with all the parts of the theater and all the apparatus backof the
`proscenium. (Dictionary.com)
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 9
`
`Claim Rejections - 35 USC § 102
`
`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 madein this Office action:
`
`A person shall be entitled to a patentunless —
`
`(a)(1) the claimed invention waspatented, described in a printed publication, orin public use,
`on sale, or otherwise available to the public beforethe effectivefiling date of the claimed
`invention.
`
`Claim(s) 1,2,6 and 3 and 7 and8is/are rejected under 35 U.S.C. 102(a)(1) as
`
`being anticipated by MAKOTOet al. (JP 2020-109556) with Machine Translation (22
`
`pages).
`
`Re 1, Makoto discloses (Original) An information processing device comprising:
`
`an obtaining (“CPU”) section configured to obtain (“positional”) position information
`
`of a plurality of (body) parts (and a “predetermined part’ of a person, figure 2) of a
`
`photographing (“player”) target;
`
`a deriving (“CPU”) section configured to derive a (“video”) length (fig. 11: “L’)
`
`between two (body) parts; and
`
`a production (“CPU”) control section configured to perform production (via a “video
`7 tte
`1 tt
`image’or “output
`
`production system”: fig. 1 producing an “output
`
`video’, i.e.,
`
`“output target” or “the output”: fig. 21) on a basis of the derived (“size’-“based”)
`
`length (via Machine Translation, 22 pages:
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 10
`
`Page 11 of 22:
`The distance estimation device 2 described aboveincludes, for example, a
`processor such as a CPU (Central Processing Unit), a memory as temporary storage,
`and a non-volatile storage device (EEPROM orhard disk). By reading the program
`stored in the storage device into the memory and executing the program, the processor
`such as the CPU causesthe orientation estimation unit 21, the control unit 22, the
`imageidentification units 23a to 23d, the positional relationship estimation unit 24, and
`the distance.
`It functions as the estimation unit 25.
`
`Page 3 of 22:
`FIG. 6 is a block diagram showing a configuration example of the distance
`estimation device 2 in this embodiment. The distance estimation device 2 includes an
`orientation estimation unit 21, a control unit 22, image identification units 23a to 23d, a
`positional relationship estimation unit 24, and a distance estimation unit 25.
`
`Page 19 of 22:
`The distance estimation unit estimates the positional relationship betweenthefirst
`specific person and the second specific person, the image length of the predetermined
`portion of the first specific person, and the image of the predetermined portion of the
`second specific person. Using the ratio with the above length, the actual length of the
`predetermined part of the first specific person, and the actual length of the
`predetermined part of the second specific person, the first specific person and the
`second specific person The distance estimation device according to claim 1, which
`estimates a distance between the two.
`
`Page 7 of 22:
`Here,the identification target identified by the image identification units 23a to 23d
`is, for example, the player (specific person) in the video andtheattribute of the player.
`Theattributes of a player are not only the name and ageof each player, but also the
`team or university to which the player belongs, the role (a pitcher or a fielder in the case
`of baseball, an offense or defense in the case of soccer), etc. .. In the following
`description, the identification target may be described as a class for convenience.
`Further, the category is a type of feature amount used foridentifying the player and the
`attribute of the player. Typical categories include, for example, the face of the player,
`the uniform worn by the player, the uniform number, the letters written on the tag and
`the number, and thelike.
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 11
`
`Page 9 of 22:
`The distance estimation unit 25 estimates the distance between at least two or more
`identification targets (specific persons) using the positional relationship estimated by the
`positional relationship estimation unit 24 and the length of the object on the video.
`
`[Figure 11]
`
`
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 12
`
`Page 2 of 22:
`FIG. 1
`is a block diagram showing a configuration example of a video production system
`according to this embodiment. The video production system includesa plurality of
`cameras 1a to 1d and a distance estimation device 2.
`
`[Figure1]
`
`cameraia
`
` }
`
`cameratb—}
`
`Moetence estimatian device F
`
`
`
`
`
` [camer|
`
`
`camera id
`
`:
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 13
`
`Page 13 of 22:
`FIG. 20 is a diagram showing an example of the calculated likelihood for each
`identification target (class).
`In addition,
`in the example of FIG. 20, in addition to the
`university name of the identified player, in order to improve the accuracy, the classes of
`the motorcycle and the audience are provided.
`In the example of FIG. 20, the person A
`has the highest probability of being an audience, the person B has the highest
`probability of being a college X player, the person C hasthe highest probability of being
`a college Y player, and the person D. Has the highest certainty of being a university Z
`player. Here,if the threshold value is 0.7, the imageidentifying unit 23a indicates that
`the person A belongs to the audience class, the person B belongs to the university X
`class, the person C belongsto the university Y class, and the person D belongs to the
`university.
`It is determined to belong to the class Z. Then, the position information on
`the image of the person B (for example, coordinate information specifying the attention
`area) and the university name X are output. Similarly, the positional
`information on the
`image of the person C (for example, coordinate information for specifying the attention
`area) and the university name Y are output. Similarly, the position information (for
`example, coordinate information that specifies the attention area) of the person D on the
`video and the university name Z are output. It should be noted that the person A is
`excluded from the output target becauseit is not a player, but it does not prevent the
`output.
`
`[Figure 21]
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 14
`
`Page 8 of 22:
`In the present embodiment, regarding the identified specific person, as shownin FIG.
`11, the distance of the straight line connecting the top of the head to the midpoint of the
`neck is set to L, and an attention area of Lx2L is set downward from the center of the
`neck of the person.
`.. Then, the positional relationship estimation unit 24 estimates the
`positional relationship between the specific persons based on the size of the attention
`area as an index of the size of the identified specific person on the image.).
`
`Re 2. (Original), Makoto discloses The information processing device according
`
`to claim 1, wherein the deriving section derives a length between two (body) parts (such
`
`as head and feet) not adjacent to each other(via fig. 11:
`
`[Figure 11]
`
` Acga ot sthontion
`
`2L
`
`Re 6. (Original), Makoto discloses The information processing device according
`
`to claim 1, wherein the production control section performs video production (producing
`
`said output targetoffig. 21).
`
`).
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 15
`
`Re 3. (Original), Makoto discloses An information processing device comprising:
`
`an obtaining (CPU) section configured to obtain (positional) position information
`
`of a plurality of parts of a photographing (player) target;
`
`a deriving (CPU) section (fig. 6:222: “Control Unit’) configured to derive a (“face”)
`
`direction® connecting’ (as shownbytheelectrical lines in fig. 6 or connecting “between”
`
`“targets”: fig. 21) two parts (fig. 6: 211,23a,23b,23c,23d,24,25 or body parts comprised
`
`by people) to each other; and
`
`a production (CPU) control section configured to perform (video) production
`
`(producing the targeted output) on a basis of the derived direction (since the “distance”
`tt
`
`is based on “face”
`
`“orientation” via:
`
`=& §3
`
`.
`ha
`hofa
`
`[Figure 6]
`
`Camera la footage -
`
`Camera tb factaqe~ -
`
`Camera tc footage -
`
`Camera td footage
`
`:
`
`Iriage slontification section 8d
`
`f>
`3a
`
`1
`
`inate kcheniitication unit 233
`
`Image Tecoanition unt 23h
`
`imageidentification unit 26.
`
`(GeSedPLSCSUONeMeseae
`
`batAYR
`
`IESG
`
`Sovupvoneansg
`
`8 direction: the actor an instanceof directing. (Dictionary.com)
`’ participial adjective modifying nouns (section and/ordirection)
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 16
`
`Page 5 of 22:
`In the present embodiment, the imageidentifying unit 23a is an image identifying
`unit that has been learned to identify a player using a video image of the player
`captured from the front. In other words, the image of the player facing the front of the
`image (the direction in which the player's faceis visible) is learned as teacher data,
`and the player is facing the front of the image (the direction in which the player's faceis
`visible). An image identification unit used to identify a player from a video.
`It should be
`noted that the teacher data does notinclude only the video in which the player faces
`directly in front of the image (the direction in which the player's faceis visible) as the
`teacher data, but the player facesin theleft-right direction close to the front (for
`example, left and right). (45 degrees) Video may be added to the teacher data.
`
`Page 9 of 22:
`The distance estimation unit 25 estimates the distance betweenat least two or
`moreidentification targets (specific persons) using the positional relationship estimated
`by the positional relationship estimation unit 24 and the length of the object on the
`video.
`
`[Figure 21]
`
`d2(D2)
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
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`Page 17
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`Page 15 of 22:
`In the present embodiment, the distance between specific persons is estimated
`by estimating the orientation of the specific person in the video andits positional
`relationship, and thus the distance between specific persons can be estimated with high
`accuracy. Also, since the positional relationship of the specific person on the video can
`be known, it is possible to estimate the distance betweenthefirst player (specific
`person) and each player (specific person) and the distance betweenthefirst player and
`the third-place player. it can.).
`
`Claims 7 and 8 are rejected similar to claim 1.
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`

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`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 18
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
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`obviousness rejections set forth in this Office action:
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`Apatent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior artare suchthat the claimed invention as a whole would have
`been obvious beforethe effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall notbe
`negated by the manner in whichthe invention was made.
`
`The factual inquiries for establishing a background for determining obviousness
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`under 35 U.S.C. 103 are summarized asfollows:
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`1. Determining the scope and contents of the priorart.
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`2. Ascertaining the differences between theprior art and the claims atissue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`Regarding inquiry 4, see Suggestions.
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`Claim(s) 4,5 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`MAKOTOetal. (JP 2020-109556) with Machine Translation (22 pages) in view of
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`NORIYUKI(JP 2019-033868 A) with Machine Translation (68 pages).
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`Re 4. (Original), Makoto teaches The information processing device according to
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`claim 1, wherein the (output) production control section performs light production
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`and/or sound production.
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`

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`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 19
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`Makoto does not teach “light production and/or sound production’. Noriyuki
`2
`tt
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`teaches “light production” or“lighting”
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`“production” via Machine Translation (MT), pg. 43
`
`of 68:
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`The production system 600 is a system that produces a performance production
`by controlling video, sound, lighting, and the like in accordance with the movementof
`each performer.
`
`Since Makoto suggests other video production systems, via‘ [1]FIG.
`
`1
`
`is a block
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`diagram showing aconfiguration example of a video production system according to the
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`embodiment.”, one of skill in production can make Makoto’s be as Noriyuki’s and
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`recognize that the change is predictable or looked forward to since the change
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`enhances a sports broadcast production via “lighting effects’, Noriyuki, MT: pg. 45 of
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`68:
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`Theilluminating device 612 includes, for example, various lights and light sources. The
`lighting device 612 performs various lighting effects® based on the DMX data from the
`effect control device 605 and the DMX controller 611.
`
`Re 5. (Original), Makoto with Noriyuki teach The information processing device
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`according to claim 4, wherein the (output target) production control section performs
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`light production and/or sound production by controlling a lighting apparatus and/or a
`
`sound apparatus (by “controlling...sound,
`
`lighting” via said Noriyuki:
`
`The production system 600 is a system that produces a performance production
`by controlling video, sound, lighting, and the like in accordance with the movementof
`each performer.).
`
`8 effects: lighting, sounds, etc, to accompany and enhancea stage,film, or broadcast production
`(Dictionary.com)
`
`

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`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 20
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`Applicant’s disclosure states:
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`Suggestions
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`The production control section 36 maypadjust the tradition directions oflight hfthe lighting
`apparatuses Qhaccording to the derived direction vector DJ Far example. the production contral
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`section 36 may cantrol the movable anit of cach lighting apparatus 2 such that the plurality of
`
`lighting apparatuses 2 apply light ta one point (cress mark an a dotted line in FIG. 7) on a half
`
`straight Hine obtained by extending the direction vector D in a direction fromthestarting pointto
`
`the end point. The performer can thereby brightly Uhuminate one point in the direction from. the
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`left elbowto the left hand. Adistance framthe end point of the direction vector D to the one point
`
`on the half straight line may be a predetermined distance, ar may be set ai predetermined times the
`
`leneth of the direction vector. This light production enables the performer to freely manipulate the
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`position nradiated by the lighting apparatuses 2 in the live venueso that a sovel live performance
`
`
`
`Thus the lack of the disclosed “direction vector D” in the claims is an indication of
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`obviousness under 35 USC 103.
`
`Note that these suggestions are not provided with respect to overcoming 35 USC
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`101,112,102 and/or 103. These suggestion are mainly provided to seek out advantages
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`in the disclosure regardless of 35 USC 101,112,102 and/or 103.
`
`

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`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 21
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`Conclusion
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`The prior art “nearest to the subject matter defined inthe claims” (MPEP 707.05}
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`made of record and notrelied upon is considered pertinent to applicant's disclosure.
`
`The following table lists several references that are relevant to the subject matter
`
`claimed and disclosed in this Application. The references are not relied on by the
`
`Examiner, but are provided to assist the Applicant in responding to this Office action.
`
`pages 1,2
`
`p
`g
`g
`.
`2012-065819 A) in|person’s body to the tip-part of a hand (fig. 1) for popping
`the Search
`video-game balloons (fig. 2) as the closest to the claimed
`Illustrated, pg. 4|“length between two parts’.
`
`Kensaku teaches a bone-vecior as the closest to applicant’s
`IDS cited
`KENSAKUet al.|disclosed novellight-adjusting vector discussed in
`(JP 2020-204890)|Suggestions.
`in the Search
`Illustrated, page 8)
`
`Palm (JP 2000-|Palm teaches distances connecting points A,B,C in figure
`503177 & US
`75,A,B as the closest to the claimed “length between two
`5,748,199) in the|parts’.
`Search Illustrated,
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DENNIS ROSARIO whose telephone numberis
`
`(571)272-7397. The examiner can normally be reached Monday-Friday, 9AM-5PM EST.
`
`Examinerinterviews 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 AutomatedInterview Request
`
`(AIR) at http:/Avwww.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 17/943,283
`Art Unit: 2676
`
`Page 22
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Henok Shiferaw can be reached on 571-272-4637. 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 Centeris
`
`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: httos://patentcenter.uspto.gov. Visit https:/Avww.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.
`
`/DENNIS ROSARIO/
`Examiner, Art Unit 2676
`
`/Henok Shiferaw/
`Supervisory Patent Examiner, Art Unit 2676
`
`