Ex Parte Ueno

Patent Trial and Appeal Board

Dec 28, 2016

12068404 (P.T.A.B. Dec. 28, 2016)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
12/068,404 02/06/2008 Takayuki Ueno LB-723-2303 4339
27562 7590 12/30/2016
NIXON & VANDERHYE, P.C.
901 NORTH GLEBE ROAD, 11TH FLOOR
ARLINGTON, VA 22203
EXAMINER
LI, LIN
ART UNIT PAPER NUMBER
2693
NOTIFICATION DATE DELIVERY MODE
12/30/2016 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):
PTOMAIL@nixonvan.com
pair_nixon @ firsttofile. com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte TAKAYUKIUENO
Appeal 2015-006711
Application 12/068,404
Technology Center 2600
Before JASON V. MORGAN, NABEEL U. KHAN, and
MICHAEL M. BARRY, Administrative Patent Judges.
KHAN, Administrative Patent Judge.
DECISION ON APPEAL
Appellant1 appeals under 35 U.S.C. § 134(a) from the Final Rejection
of claims 1—22. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.
1 Appellant identifies Nintendo Co., Ltd. as the real party in interest. App.
Br. 3.
Appeal 2015-006711
Application 12/068,404
STATEMENT OF THE CASE
The Invention
Appellant’s invention relates to an information processing program
(e.g., a video game) and an information processing apparatus (e.g., a game
console), and particularly to an information processing apparatus for
performing a process determined in accordance with the orientation of an
input device (e.g., a game controller) including acceleration detecting means
and rotation detecting means and to a computer-readable storage medium
having stored therein an information processing program executed by the
information processing apparatus. See Spec. 111, 6.
Exemplary independent claim 1 is reproduced below.
1. A non-transitory computer-readable storage medium
having stored therein an information processing program
executed by a computer of an information processing apparatus
for performing a process determined in accordance with
orientation of a handheld input device,
the handheld input device including an imaging element
and an inertial sensor, and
the information processing program causing the computer
to execute operations comprising:
based on an image captured by the imaging element,
calculating, as a first tilt, a tilt of the handheld input device
caused by a rotation around an axis of a capturing direction of
the imaging element;
based on detection by the inertial sensor, calculating, as a
second tilt, a tilt of the handheld input device caused by a rotation
around an axis of a direction different from the capturing
direction; and
executing a predetermined process of moving a character
in a virtual space using the first tilt and the second tilt orientations
of the handheld input device.
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Appeal 2015-006711
Application 12/068,404
References and Rejections
1. Claims 1—4, 6—8, and 10-22 stand rejected under 35 U.S.C.
§ 103(a) as unpatentable over Alberich, Wii Remote Feb. 5, 2007 (available
at http://en.wikipedia.org/w/index.php?title-Wii_Remote&oldid=
105891085) and Zalewski (US 2006/0256081 Al, Nov. 6, 2006).
2. Claim 5 stands rejected under 35 U.S.C. § 103(a) as
unpatentable over Alberich, Zalewski, and Liberty (US 2005/0243062 Al,
Nov. 3, 2005).
3. Claim 9 stands rejected under 35 U.S.C. § 103(a) as
unpatentable over Alberich, Zalewski, and Luinge et al., Estimating
Orientation with Gyroscopes and Accelerometers, Technology and Health
Care Vol. 7, No. 6/1999, pp. 455-59 (1999).
ANALYSIS
A. Whether Zalewski Teaches or Suggests “executing a
predetermined process of moving a character in a virtual space
using the first tilt and the second tilt orientations of the
handheld input device, ” as Recited in Claim 1
Appellant argues “Zalewski is completely silent as to using the tilt
around a first direction sensed by the image information and the tilt around a
second direction different from the first direction by the sensed inertial
sensor information to execute a predetermined process of moving a character
in the virtual space.” App. Br. 13. According to Appellant, although
Zalewski discloses the use of both image information and inertial sensor
information to determine the location of and/or orientation of a joystick
controller, it does not use both image and inertial information for moving a
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Application 12/068,404
character in a virtual space. Reply Br. 2; see also App. Br. 12—13. Instead,
Appellant argues, Zalewski teaches using either image data or inertial sensor
data for moving a character in a virtual space, but not both. App. Br. 14
(“Zalewski teaches that image data or sensor data may be used for moving a
character in the virtual space.”).
We are unpersuaded by Appellant’s arguments. Instead, we agree
with, and adopt as our own, the Examiner’s findings of facts and conclusions
as set forth in the Action from which this appeal was taken and in the
Answer. Final Act. 2—6; Ans. 2—9. We provide the following explanation
for emphasis.
Zalewski teaches that an image based system can be used to track the
position and motion of a game controller (Zalewski H 40, 54, 68, 115, 118,
130), that inertial sensors can be used to track the position and motion of a
game controller (Zalewski H 113—15, 117, 118, 120, and 130), or that both
an image based system and inertial sensors can be used to track the position
and motion of a game controller (Zalewski H 115, 117, 118, 120, and 130).
Zalewski also teaches or suggests that the position of the game controller
can be used to move objects in the virtual game space. For example,
Zalewski teaches information from inertial sensors combined with image
data from FED pattern codes can be used to assist in providing the user
better feel in an aircraft flying game. Zalewski 1115. In another example,
Zalewski teaches that signals from inertial sensors and signals from an
image capture unit combine to provide tracking information used to
determine the position of the controller which, when the controller
represents a football in a football type video game, can be used to move the
football in the virtual football game. Zalewski 1118 (“The [inertial sensor]
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Appeal 2015-006711
Application 12/068,404
432 may track the motion of the joystick controller (representing the
football). The image capture unit 423 may also track the light sources on the
controller 430.”). Finally, Zalewski teaches that program code uses signals
from an inertial sensor and signals from an image capture unit as “inputs to a
game system.” Zalewski 1130. We find the aforementioned teachings from
Zalewski teach or suggest to one of ordinary skill in the art “moving a
character in a virtual space using the first tilt [based on a captured image]
and the second tilt [based on inertial sensors] orientations of the handheld
input device,” as recited in claim 1.
Accordingly, we sustain the Examiner’s rejection of independent
claim 1 and of claims 2—22, for which Appellant does not present any
additional arguments for patentability. See App. Br. 15—16.
DECISION
The Examiner’s rejections of claims 1—22 is affirmed.
No time period for taking any subsequent action in connection with
this appeal maybe extended. See 37 C.F.R. § 1.136(a)(l)(iv).
AFFIRMED
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