`, -p
`-
`Date information retrieved from USPTO Patent
`Application Information RetrieT1f(PAIR)
`system records at www.uspto.gov
`
`UNITED STATEL JEPARTMENT OF COMMERCE
`Patent and Trademark Office
`Address: COMMISSIONER OF PATENTS AND TRADEMARKS
`Washington, D.C. 20231
`
`SERIAL NUMBER
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`I
`
`08/0'91,650
`
`07/14/93
`
`BOLAS
`
`ALFRED A. EQ ITZ
`L I MBC! & LIMBACH
`2001 FERRY BLDG.
`SAN FRANCISCO, CA 94111
`
`23M1 /0224
`
`ART UNIT
`
`EXAMINER
`
`PAPER NUMBERg8
`
`2314
`DATE MAILED:
`
`Z 12/ 4 / 95
`
`This is a communication from the examiner in charge of your application.
`COMMISSIONER OF PATENTS AND TRADEMARKS
`
`O This application has been examined
`'--- days from the date of this letter.
`A shortened statutory period for response to this action Is set to expire
`month(s),
`05
`Failure to respond within the period for response will cause the application to become abandoned. 35 U.S.C. 133
`
`1 Responsive to communication filed on _]
`
`This action Is made final.
`
`Part I THE FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION:
`
`otice of References Cited by Examiner, PTO-892.
`1.
`3. Ol Notice of Art Cited by Applicant, PTO-1449.
`5. 1 Information on How to Effect Drawing Changes, PTO-1474..
`
`2. O Notice of Draftsman's Patent Drawing Review, PTO-948.
`4. OE Notice of Informal Patent Application, PTO-152.
`6. E
`
`Part II SUMMARY OF ACTION
`
`1. I
`
`l'1aims
`
`/ 3
`
`Of the above, claims
`
`2. E Claims
`
`3. E claims
`
`4. g alms
`
`5. 1Claims
`
`6. Q Claims
`
`3
`
`are pending in the application.
`
`are withdrawn from consideration.
`
`have been cancelled.
`
`are allowed.
`
`are rejected.
`
`are objected to.
`
`are subject to restriction or election requirement.
`
`7. E This application has been filed with Informal drawings under 37 C.F.R. 1.85 which are acceptable for.examination purposes.
`l Formal drawings are required In response to this Office action.
`8.
`9. O- The corrected or substitute drawings have been received on
`. Under 37 C.F.R. 1.84 these drawings
`are 0 acceptable; O not acceptable (see explanation or Notice of Draftsman's Patent Drawing Review, PTO-948).
`10. O The proposed additional or substitute sheet(s) of drawings, filed on
`examiner; 0 disapproved by the examiner (see explanation).
`
`. has (have) been 0 approved by the
`
`11. E The proposed drawing correction, filed
`under 35 U.S.C. 119. The certified copy has O been received 0 not been received
`12. E Acknowledgement is made of the claim for priority
`; filed on
`O been filed In parent application, serial no.
`
`, has been 0 approved; O disapproved (see explanation).
`
`13. E Since this application apppears to be in condition for allowance except for formal matters, prosecution as to the merits is closed in
`accordance with the practice under Ex parte Quayle, 1935 C.D. 11; 453 O.G. 213.
`
`14. r Other
`
`PTOL-328 (Rev. 2/93)
`
`EXAMINER'S ACTION
`
`Harmonix Exhibit 1011
`
`Page 1 of 6
`
`
`
`Serial No. 08/091,650
`
`Art Unit
`
`2314
`
`-2-
`
`1. This is responsive to communication filed on 10/31/94 (C.O.M.
`
`10/28/94).
`
`2. The rejection mailed on 6/29/94 is vacated for the reasons
`
`articulated in the remarks. The rejection was premised on the
`
`doctrine of reversal of a known process to determine obviousness.
`
`3. 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 may not be obtained though the invention is not
`identically disclosed or described as set forth in section 102
`of this title, if the differences between the subject matter
`sought to be patented and the prior art are such that the
`subject matter as a whole would have been obvious at the time
`the invention was made to a person having ordinary skill in
`the art to which said subject matter pertains. Patentability
`shall not be negatived by the manner in which the invention
`was made.
`
`Subject matter developed by another person, which qualifies as
`prior art only under subsection (f) or (g) of section 102 of
`this title, shall not preclude patentability under this
`section where the subject matter and the claimed invention
`were, at the time the invention was made, owned by the same
`person or subject to an obligation of assignment to the same
`person.
`
`In
`4. This application currently names joint inventors.
`considering patentability of the claims under 35 U.S.C. § 103, the
`examiner presumes that the subject matter of the various claims was
`commonly owned at the time any inventions covered therein were made
`absent any evidence to the contrary. Applicant is advised of the
`obligation under 37 C.F.R. 5 1.56 to point out the inventor and
`invention dates of each claim that was not commonly owned at the
`time a later invention was made in order for the examiner to
`consider the applicability of potential 35 U.S.C. § 102(f) or (g)
`prior art under 35 U.S.C. § 103.
`
`Claims 1-23 are rejected under 35 U.S.C. § 103 as being
`
`5.
`unpatentable over Applicant's admission in view of Tuber (U.S.
`
`Patent 3,609,019).
`
`Page 2 of 6
`
`
`
`Serial No. 08/091,650
`
`-3-
`
`Art Unit
`
`2314
`
`In rejecting the claimed invention the "Examiner may rely upon
`
`admissions by the Applicant .
`
`.
`
`. as to any matter affecting
`
`patentability 1.]" 37 CFR 1.106 (c).
`
`In the background of the
`
`invention Applicant defines the term "virtual reality" as a
`
`computer-simulated environment which includes a graphic display and
`
`soundsfor simulating environmental sounds. Applicant continues by
`
`describing the present state of the art.
`
`The art is at this
`
`juncture has been characterized by Applicant as "object driven."
`
`See page 6. Further, Applicant states the difference between the
`
`claimed invention and the prior art to be "[t]his invention
`
`reverses the paradigm to create a system which has musically-driven
`
`objects." See page 6. This was further explained to mean that
`
`"Applicants believe the prior art neither teaches nor suggests use
`
`of a prerecorded control track (which corresponds to audio such as
`
`music) to control the operation of a computer system, such as to
`
`control generation of a virtual environment by a virtual reality
`
`computer system as claimed." Remarks at P.2.
`
`The traditional methodology for controlling the virtual
`
`environment is based on inputs provided by the user. This is in
`
`agreement with applicant's admission of the prior art at page 4:
`
`Mark Bolas and Phil Stone created the virtual therein and
`virtual drum kit. In this system, the user wore a glove and
`a hand tracker and moved the gloved hand to manipulate
`synthesizer parameters. Thus, by manipulating virtual objects
`(as taught, for example, by U.S. Patent 4,988,981 issued
`January 29, 1991), sounds of different qualities could be
`created. A skilled user could create modern sounding musical
`interludes. These ideas have been carried forth by people
`
`Page 3 of 6
`
`
`
`Serial No. 08/091,650
`
`-4-
`
`Art Unit
`
`2314,
`
`such as Jaron Lanier who has given a number of public
`performances in which he manipulates virtual objects to create
`a musical performance. Research and exploration along these
`lines is expected to continue (the virtual "air guitar" and
`the like will probably be developed). In all VR systems of
`this type, manipulation of a virtual object causes the sound
`or music to chanqe, (cited with emphasis).
`
`In reaching a conclusion of obviousness the "examiner may
`
`provide an explanation based on logic and sound scientific
`
`reasoning that will support a holding of obviousness." Ex parte
`
`Levenqood, 28 USPQ 2d 1300, 1301 (B.P.A. & I 1993).
`
`The difference between the prior art and the claimed invention
`
`is when the signal for controlling an object is derived from. The
`
`prior art controls the object by the using a tactile glove. The
`
`claimed invention uses a track in the musical signal to accomplish
`
`the same result.
`
`It should be understood that the object and
`
`virtual computer do not function differently because of were the
`
`control signal comes from. There are many reasons for combining
`
`musical signals with the control track. The primary reason is that
`
`one may synchronize the music to the manipulation of the object.
`
`The patent of Tuber shows a methodology where a system (a
`
`projector) is controlled by a musical track.
`
`Therefore, because those in the art would be motivated by a
`
`desire to synchronize the music to the movement of the object.
`
`6. Any inquiry concerning this communication or earlier
`communications from the examiner should be directed to Examiner
`E.B. Ramirez whose telephone number is (703) 305-9786.
`
`I
`
`Page 4 of 6
`
`
`
`Serial No. 08/091,650
`
`Art Unit
`
`2314
`
`-5-
`
`Any inquiry of a general nature or relating to the status of
`this application should be directed to the Group receptionist whose
`telephone number is (703) 305-3800.
`
`ER/hh
`January 25, 1995
`
`PRIMARV EXAMINER
`GROUP 2300
`
`Page 5 of 6
`
`
`
`TO SEPARATE, HOLD TOP AND BOTTOM EDGES, SNAP-APART AND DISCARD CARBON
`
`FORM PTO-892
`(REV. 2-92)
`
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`
`SERIAL NO.
`
`ROUPART UNI
`
`CI.3
`
`ATTACHMENT
`T UMOEr
`PAPER
`NUMBER
`
`NOTICE OF REFERENCES CITED
`
`APPLICANT(S)
`
`*
`
`DOCUMENT NO.
`
`DATE
`
`NAME
`
`CLASS
`
`SUB.
`CLASS
`
`FILING DATE IF
`APPROPRIATE
`
`U.S. PATENT DOCUMENTS
`
`
`
`, ¢, 1 I <27 3// -/ 7
`
`,i . 6,Li
`
`3 < ,.-
`
`FOREIGN PATENT DOCUMENTS
`
`DOCUMENT NO.
`
`DATE
`
`COUNTRY
`
`NAME
`
`CLASS
`
`SUB-
`CLASS
`
`PERTINENT
`SHTS.
`PP.
`DWG SPEC.
`
`OTHER REFERENCES (Including Author, Title, Date, Pertinent Pages, Etc.)
`
`C D E F G H I
`
`.
`
`J K
`
`L M N 0 P
`
`R
`
`S
`
`T
`
`U
`
`EXAMINER
`
`DATE
`
`',A copy of this reference is not being furnished with this office action.
`(See Manual of Patent Examining Procedure, section 707.05 (a).)
`
`Page 6 of 6
`
`
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