-- 30
`Transaction History Date'
`lq4
`Date information retrieved from USPTO Patent
`Application Information Retrieval (PAIR)
`system records at www.uspto.gov
`
`LIMBACH & LIMBACH
`2001 Ferry Building
`San Francisco, CA 94111
`(415) 433-4150
`
`Attorney Docket No. FAKE-00200
`
`CONTROLLING COMPUTER-GENERATED VIRTUAL ENVIRONMENT IN RESPONSE TO
`
`In'ire Application of: MARK BOLAS
`
`Serial No.: 08/091,850
`
`Filed: July 14, 1993
`
`For: METHOD AND SYSTEM FOR
`AUDIO SIGNALS
`
`Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`Transmitted herewith is an amendment in the above-identified application.
`
`The fee has been calculated as shown below.
`
`(Col. 1)
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`(Col. 2)
`
`HIGHEST NO.
`PREVIOUSLY
`PAID FOR
`
`(Col. 3)
`
`PRESENT
`EXTRA
`
`RATE
`
`ADDITIONAL
`FEE
`
`TOTAL
`
`INDEP.
`
`* 23
`
`" 7
`
`MINUS
`
`MINUS
`
`" " 23
`
`* " 7
`
`= 0
`
`= 0
`
`FIRST PRESENTATION OF MULTIPLE DEP CLAIM
`
`x 22 =
`
`x 76 =
`
`+240 =
`
`TOTAL
`
`$ 0
`
`$ 0
`
`$ 0
`
`Small Entity 50% Filing Fee Reduction (if applicable)
`
`0*
`" e
`
`If the entry in Col. 1 is less than the entry in Col. 2, write "0"
`in Col. 3.
`If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, write "20" in this space.
`If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, write "3" in this space.
`The "Highest Number Previously Paid For" (Total or Independent is the highest number found from the
`Col. 1 of a prior amendment or the number of claims originally filed.)
`
`equivalent box in
`
`No additional fee is required.
`
`._
`
`x
`
`3.
`
`A check in the amount of $55 is attached for the One Month Request for Extension of Time.
`
`Please charge any additional fees, including any fees necessary for extensions of time, or credit overpayment to
`Deposit Account No. 12-1420.
`A duplicate copy o this sheet is enclosed.
`
`4.
`
`x
`
`Petition for extension of time. The undersigned attorney of record hereby petitions for an extension of time pursuant
`I 1.136(a), as may be required, to file this response.
`to 37 C.F.R.
`
`CERTIFICATE OF MAILING
`I hereby certify that this correspondence is being deposited with the United States Postal
`of Patents and
`Service as first class mail in an envelope addressed to: Commission
`Trademarks, Washington, D.C. 20231, on October 28, 1994.
`
`Dated:
`
`(O'
`
`,
`
`By:__
`
`Dated:
`
`lrW:'M
`
`Attorney of Record)
`Alfred A. Equitz
`Registration No. 30,922
`
`Page 1 of 6
`
`Harmonix Exhibit 1010
`
`

`

`OERTIFICATE OF MAIL.. r
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`LIM B& LIMBACH
`"-ZW 97 my
`Name
`
`Dated:
`
`I
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`
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`-1-
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of
`
`) Group Art Unit: 2314
`
`Examiner: E. Ramirez
`
`RESPONSE TO OFFICE
`ACTION
`
`2001 Ferry Building
`San Francisco, CA 94111
`(415) 433-4150
`
`MARK BOLAS, et al.
`
`Serial No. 08/091,650
`
`Filed: July 14, 1993
`
`For: METHOD AND SYSTEM FOR
`CONTROLLING COMPUTER-
`GENERATED VIRTUAL
`ENVIRONMENT IN RESPONSE
`AUDIO SIGNALS
`
`TO
`
`Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`This is in response to the Office Action mailed
`June 29, 1994. Please consider the following remarks.
`
`REMARKS:
`Claims 1-23 stand rejected under 35 U.S.C. 103,
`as being unpatentable over "Applicant's Admission of
`the invention and the prior art." Applicants
`respectfully contend that the claims are patentable,
`for the following reasons.
`
`Each of claims 5-11 and 16-20 recites the steps
`of, or means for:
`prerecording a control track corresponding to an
`audio (or music) signal; and
`operating a virtual reality computer system (or
`producing a virtual environment) in response to said
`prerecorded control track.
`
`An example of such a control track is described
`in the specification with reference to Fig. 3.
`
`--
`
`Page 2 of 6
`
`

`

`-2-
`
`PATENT
`
`The cited limitations of claims 5-11 and 16-20
`
`are important aspects of the invention which
`
`distinguish claims 5-11 and 16-20 from the prior art.
`
`None of the prior art discussed in the specification
`
`even remotely teaches or suggests these express
`
`limitations (or the "reverse" of the method of claims
`
`5-11 or the method implemented by the apparatus of
`
`claims 16-20).
`
`The prior art discussed in the specification,
`
`rather than pertaining to the invention of claims 5-
`
`11 and 16-20, pertains to the very different
`
`technical field of methods for generating synthesized
`
`music in response to manipulation of virtual objects.
`
`As explained in the specification, Applicants believe
`
`the prior art neither teaches nor suggests use of a
`
`prerecorded control track (which corresponds to audio
`
`such as music) to control operation of a computer
`
`system, such as to control generation of a virtual
`
`environment by a virtual reality computer system as
`
`claimed. Nor have Applicants admitted (in the
`
`Specification or otherwise) that it is known to
`
`implement the "reverse" of this process. Indeed,
`
`Applicants cannot imagine whether, and if so how, it
`
`would be useful (and possible) somehow to reverse the
`
`flow of data (as claimed) from a control track to a
`
`virtual reality computer, in order to send control
`
`data from the computer to the control track.
`
`Applicants contend that claims 1-4, 12-15, and
`
`21-23 are patentable over the prior art discussed in
`
`the specification for the following reasons. The
`
`prior art is a class of methods for generating
`
`synthesized music in response to manipulation of
`
`Page 3 of 6
`
`

`

`-3-
`
`PATENT
`
`virtual objects. Applicants disagree with the
`Examiner's assertion that "one can reverse the [prior
`art] process by reversing the flow of data," and
`disagree that this assertion (if true) implies that
`it would have been obvious to modify the prior art to
`reach the claimed invention.
`
`Applicants contend that reversal of data flow in
`the prior art methods would not result in the claimed
`invention. For example, suppose the "prior art"
`method implements a virtual "air guitar," with the
`computer receiving data from gloves worn by a user.
`As the user's motions mimic the plucking of strings
`(with one hand) and the depressing of strings against
`frets (with the other hand), the computer plays music
`(through loudspeakers). Suppose the user "plays" a
`sequence of three notes: middle C (by plucking the E-
`string and pressing the appropriate fret); middle C
`(by plucking the A-string and pressing a different
`fret); and middle C (by plucking the D-string and
`pressing a different fret). If the data flow were
`reversed so that the computer received a sequence of
`three "middle C" notes, the computer could not
`generate control signals for moving gloves into the
`three different hand positions described above.
`
`Another reason why reversal of data flow in the
`prior art would not pertain produce the claimed
`invention is related to the fact that music is a
`continuous flow of data (at a rate on the order of
`20kHz per ear), while virtual reality systems present
`images to the user on the order of one every 60th of
`a second. Consider examples of the claimed invention
`which receive music, and change the .size of a
`displayed object depending on the volume of the
`
`Page 4 of 6
`
`

`

`-4-
`
`PATENT
`
`music. Thus the displayed images represent only the
`general trend of the music volume (they cannot
`represent volume changes on a time scale less than
`their refresh rate of, e.g. one every 60th of a
`second). There would be no way for a "reversed"
`version of such a system to recreate music in
`response to changes in the size of a sequence of
`displayed images that are presented thereto at a rate
`of one every 60th of a second. Such a "reversed"
`system would not have enough input information to
`reconstruct the music.
`
`From these examples, it is believed apparent
`that the reversal of data flow does not imply
`reversibility of action in the context of computer-
`implemented methods (regardless of whether or not
`reversal of mechanical components, in general,
`results in reversed action in mechanical systems).
`The In Re Einstein holding cited by the Examiner is
`not applicable to the present facts since In Re
`Einstein pertained to reversal of mechanical parts of
`a mechanical apparatus, and only in the case that
`such reversal accomplishes no new and useful purpose.
`
`Applicants intend to file formal drawings later
`during prosecution.
`
`Dated:
`
`Respectfully submitted,
`LIMBACH & LIMBACH
`
`By:
`
`C6s&rJG
`Alfred A. Eq itz
`Reg. No. 30,922
`
`Attorneys for Applicants
`
`Atty Docket No. FAKE-00200
`
`Page 5 of 6
`
`

`

`,,.:.
`4
`
`)
`
`.
`
`I
`
`/1
`
`T
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of
`
`MARK BOLAS
`
`Serial No. 08/091,650
`
`Filed: July 14, 1993
`
`For: METHOD AND SYSTEM FOR
`CONTROLLING COMPUTER-
`GENERATED VIRTUAL
`ENVIRONMENT IN RESPONSE
`TO AUDIO SIGNALS
`
`Group Art Unit: 2314
`Examiner: E. Ramirez
`
`) REQUEST FOR A ONE
`) MONTH EXTENSION OF
`) TIME TO RESPOND
`
`2001 Ferry Building
`San Francisco, CA 94111
`(415) 433-4150
`
`Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`,
`
`I.
`L. r
`
`Sir:
`
`Applicant hereby petitions for a one month
`extension of time to answer the outstanding Official
`Action mailed June 29, 1994 regarding the above-
`referenced patent application.. Please find enclosed a
`check in the amount of $55 to cover the extension fee.
`The Commissioner is hereby authorized to charge
`payment of any fees associated with this communication
`or credit any overpayment to Deposit Account No. 12-
`1420. A duplicate copy of this sheet is enclosed.
`Respectfully submitted,
`LIMBACH & LIMBACH
`
`Dated:
`
`1 0 L19
`
`.r
`
`By
`r
`
`N-
`
`,
`Alfred'A. Equi'tz
`Reg. No. 30,922
`(415) 433-4150
`
`4-
`
`t
`
`-
`
`(Atty Docket No. FAKE-00200)1
`1
`020 FF 11/10/94 08091650
`
`CE8'I1CATE
`OF MAILING
`
`t here ly cerlify that this "n"rsponde OW being ucpasfied with
`the UniedStates PWaI Service as first stas mad
`in an enetope
`addrossed la Commssoner of Patents and Taemark:
`fIshinglon, DC 20231 on"
`"
`
`Dated.
`
`(C . Z,; Q
`~- ~-- I -
`
`Name
`-- -
`---
`
`--
`
`Page 6 of 6
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