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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8-13 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Silbey et al (8869044) in views of Cardenas Gasca et al (2022/0351280), Syvain et al (9588783) and Todasco et al (2024/0004456).
For claim 1, Silbey teaches a system (abstract) (fig.1) comprising: a memory associated with a first metaverse environment that stores an avatar configuration for each of a plurality of secondary metaverse environments (see col.8, lines 45-65) (virtual environments can be virtual rooms or server or world as show in fig.3); and at least one processor coupled to the memory and configured to: receive a user credential associated with a user (col.11, lines 20-46), wherein: the user credential provides the user access to the first metaverse environment (col.11, lines 35-42); and the plurality of secondary metaverse environments are accessible through the first metaverse environment (accessible as moving or jumping from first virtual room to second virtual room or jumping from server or world) (col.3, lines 25-40 and lines 50-65 and col.11, lines 20-46); authorize the user to access the first metaverse environment based on the user credential (col.3, lines 25-40 and lines 50-65 and col.11, lines 34-46); receive a request (receive request to jump) from the user to enter a second metaverse environment of the plurality of secondary metaverse environments accessible through the first metaverse environment (the system receive user request to jump from first room to second room) (col.5, lines 5-25 and col.11, lines 3-20) and generate a virtual pass (permission or allowed to jump) for the first avatar of the user to enter the second metaverse environment via the first metaverse environment (col.6, lines 50-67 to col.7,lines 1-15, discloses virtual pass such as virtual button or grayed text indicating permission allowed or not allowed), wherein the virtual pass comprises login credentials specific to the second metaverse environment (Silbey teaches that movement of the user--referred to as a jump--may be in response to a request by the user to jump. One embodiment indicates whether "jumping" to another user or character is permitted by displaying a "jump" button in the user's friend's list for friends, and in a visible place on the application interface for characters. Yet another embodiment includes a technique for a user to indicate to one or more friends that the user wishes to be "jumped to” as Silbey teaches in col.9, lines 1-6).
Silbey teaches of having avatar, that already stored in the memory, to show the movement and jumping request of the user or friends of the user as shown in figures 5 and 6 but fails to teach select, from the memory, a predefined first avatar configuration to be used for the user in the second metaverse environment; wherein the predefined first avatar configuration defines a first avatar for the user to be used in the second metaverse environment and comprises a first set of predefined characteristics of the first avatar of the user in the second metaverse environment, wherein the first set of predefined characteristics comprises a first set of visual attributes defining a first visual appearance of the first avatar in the second metaverse environment; the first avatar configuration is different from a predefined second avatar configuration that defines a second avatar to be used for the user in the first metaverse environment, wherein the second set of predefined characteristics comprises a second set of visual attributes defining a second visual appearance of the second avatar in the first metaverse environment, wherein the first set of visual attributes is different from the second set of visual attributes such that the first visual appearance of the first avatar in the second metaverse environment is different from the second visual appearance of the second avatar in the first metaverse environment; and generate the first avatar for the user based on the first avatar configuration, and the second avatar configuration comprises a second set of predefined characteristics of the second avatar of the user in the first metaverse environment that are different from the first set of predefined characteristics of the first avatar of the user in the second metaverse environment; and when the user enters the second metaverse environment via the first metaverse environment, switch from the second avatar of the user as defined by the second avatar configuration to the first avatar of the user as defined by the first avatar configuration, and wherein the switch comprises switching from the second visual appearance of the second avatar to the first visual appearance of the first avatar that is different form the second visual appearance.
Cardenas Gasca teaches, similar virtual environments, select, from the memory, (where all images are stored in memory) a predefined first avatar configuration to be used for the user in the second metaverse environment (the avatar that already stored in the memory which means they already predefined and determined with their associated environment see par.28, lines 3-8, and par.54, lines 1-6); wherein the predefined first avatar configuration defines a first avatar for the user to be used in the second metaverse environment and comprises a first set of predefined characteristics of the first avatar of the user in the second metaverse environment (Cardenas Gasca teaches that virtual object creator/editor 132 (e.g., a modified version of Lens Studio by Snap, Inc.) that enables the user to build virtual adornments or other items that can augment and adorn avatars or other AR representations of the users or their digital environment such that the virtual digital objects generated by the virtual object creator/editor 132 may include virtual earrings, necklaces, rings, shoes, clothes, sculptures, paintings, and other forms of art that may be displayed on a live camera view of a user, on an avatar, or in an augmented reality or other digital setting as Cardenas Gasca in par.12 and par.28 and par.39, Cardenas Gasca teaches that the user's actions in designing and generating the minted virtual digital object may be stored as metadata and the user may go backwards or forwards in their series of actions to regenerate/modify the virtual digital object as it is being generated which is that it predefined avatar); and the first avatar configuration is different from a predefined second avatar configuration that defines a second avatar to be used for the user in the first metaverse environment (the system allows that each virtual environments or objects to have its own avatar in order to differentiates between them see par.54 and par.56) and generate the first avatar for the user based on the first avatar configuration (see par.54, lines 3-7 and par.59, lines 1-7) (the system allows the user to have selection options in each virtual environments or objects to have its own avatar in order to differentiates between them). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey to include a first avatar configuration associated with the second metaverse environment; generate a first avatar for the user based on the first avatar configuration as taught and suggested by Cardenas Gasca for the purpose of enabling the virtual digital object to be displayed in a display including at least one of an avatar, a captured image of the user or a third party, or a digital scene which enhance user's AR or social media representation (Cardenas Gasca, par.22).
Syvain teaches the second avatar configuration comprises a second set of predefined characteristics of the second avatar of the user in the first metaverse environment that are different from the first set of predefined characteristics of the first avatar of the user in the second metaverse environment (Syvain teaches that referencing system may be used to enable objects, activities, and Avatars to move between and within multiple virtual environments hosted by multiple different virtual environment servers/server systems as Syvain teaches in col.2, lines 55-68 and shown in figures 1 and 3); and when the user enters the second metaverse environment via the first metaverse environment, switch from the second avatar of the user as defined by the second avatar configuration to the first avatar of the user as defined by the first avatar configuration (Syvain teaches that enabling virtual environments to be meshed such that Avatars can see from one virtual environment into the next, and optionally migrate between the two, opens up new possibilities for integration of virtual environments. For example, an on-line shopping mall may open a mall in virtual space and have stores create their own virtual environments that they may use to present goods for sale. Each store may maintain its own store in its own virtual environment and, hence, maintain control over information that is passed from Avatars to store clerk Avatars within the virtual environment. The virtual environment operated by the store may be secure in that information is able to be passed between the store Avatar and user Avatar in a secure manner so that users may shop securely in the virtual store. However, enabling the stores to be linked to the shopping mall enables the store to have a presence in another virtual environment. Optionally, then, the same store may have a presence in multiple virtual environments such that a retail establishment may have one on-line virtual environment with portals to multiple on-line malls and the link enabling an Avatar associated with the user in the first virtual environment to move from the first virtual environment to the second virtual environment; upon referencing the link, instantiating a second virtual environment client software application on the user's machine, the second virtual environment client software application being a separate process from the first virtual environment client software application and not a separate instance of the first virtual environment client software application as Syvain teaches in col.10, lines 32-55 and col.15-45) (abstract). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey to include first metaverse environment that are different from the first set of predefined characteristics of the first avatar of the user in the second metaverse environment as taught and suggested by Syvain for the purpose of enabling the target virtual environment to customize the content to be shown to the viewer to coincide with their perspective through the vista into the target virtual environment (Syvain, col.3, lines 20-30).
Todasco teaches, similar system, wherein the first set of predefined characteristics comprises a first set of visual attributes defining a first visual appearance of the first avatar in the second metaverse environment (Todasco teaches that Avatars may be associated with avatar appearance, visualization, and/or characterization, including visual appearance, voices or sounds, speech patterns (including language, lines or euphemisms, tones, formal or slang usage, etc.), and the like, in more advanced AR or VR experiences, include character traits associated with tactile feel, smells, or other data capable of being conveys by a sense, and each avatar may also have different appearances, motions (e.g., dances, emotes, etc.), and the like as Todasco teaches in par.18); wherein the second set of predefined characteristics comprises a second set of visual attributes defining a second visual appearance of the second avatar in the first metaverse environment (Todasco teaches that each avatars has specific visual attributes and appearance in each metaverse environment as Todasco teaches in par.18 and 19), wherein the first set of visual attributes is different from the second set of visual attributes such that the first visual appearance of the first avatar in the second metaverse environment is different from the second visual appearance of the second avatar in the first metaverse environment (Todasco teaches that avatars available to a user may be used in different AR or VR experiences and environments, which may further be altered and configured for presentation (e.g., visualizations, communications, motions including dances or emotes, etc.) based on actions the user is performing or other user behaviors, user biometrics or current emotions and states, events and occurrences in the AR or VR environment, communications or other data being related or presented in the environment, and the like as Todasco teaches in par.18 and 19); and wherein the switch comprises switching from the second visual appearance of the second avatar to the first visual appearance of the first avatar that is different form the second visual appearance ((Todasco teaches that the service provider may then display and alter avatars in different AR and VR environments for different users and based on different user behaviors and factors or parameters for the corresponding environments as Todasco teaches in par.18 and 19). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey, as modified by Cardenas Gasca, and Syvain, to include visual attributes in different environments as taught and suggested by Todasco for the purpose of effectively convey information in real-time to users based on the user's behaviors and factors of the real and/or digital environment, which allows personalized interactions with avatars and AR or VR environments (Todasco, par.12).
For claims 2, 9 and 16, Silbey, as modified by Cardenas Gasca, Syvain and Todasco, further teaches wherein the at least one processor is further configured to: receive a request from the user (request to jump from one room to another) to enter a third metaverse environment (such as third room) of the plurality of secondary metaverse environments (jumping from second room) accessible through the first metaverse environment (when the user already jumped from first room to the second room and now asking permission to jump from second room to third room which means the rooms are associated with each other) (col.5, lines 5-35)(fig.3); and generate a virtual pass (permission to jump) for the third avatar of the user to enter the third metaverse environment via the first metaverse environment (col.5, lines 5-35, and col.6, lines 50-68 to col.7,lines 5-15).
Silbey fails to teach select, from the memory, a third avatar configuration associated with the third metaverse environment, wherein the third avatar configuration is different from the first avatar configuration; generate a third avatar for the user based on the third avatar configuration.
Cardenas Gasca further teaches select, from the memory, (where all images are stored in memory) a third avatar configuration associated with the third metaverse environment (see par.28, lines 3-8, and par.54, lines 1-6), wherein the third avatar configuration is different from the first avatar configuration; generate a third avatar for the user based on the third avatar configuration (see par.54, lines 3-7 and par.59, lines 1-7) (the system allows the user to have selection options in each virtual environments or objects to have its own avatar in order to differentiates between them). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey to include wherein the second avatar configuration is different from the first avatar configuration; generate a second avatar for the user based on the second avatar configuration as taught and suggested by Cardenas Gasca for the purpose of enabling the virtual digital object to be displayed in a display including at least one of an avatar, a captured image of the user or a third party, or a digital scene which enhance user's AR or social media representation (Cardenas Gasca, par.22).
For claims 3, 10 and 17, Silbey fails to teach wherein: the avatar configuration associated with one or more of the plurality of secondary metaverse environments includes a user configuration and a technology configuration; the user configuration associated with a secondary metaverse environment includes one or more attributes of an avatar defined by the user; and the technology configuration associated with the secondary metaverse environment includes a technology specific configuration based on the technology used by the secondary metaverse environment for rendering the avatar in the secondary metaverse environment.
Cardenas Gasca further teaches wherein: the avatar configuration associated with one or more secondary metaverse environments includes a user configuration and a technology configuration (see par.28, lines 3-8, and par.54, lines 1-6); the user configuration associated with a secondary metaverse environment includes one or more attributes of an avatar defined by the user (see par.56 to par.59); and the technology configuration associated with the secondary virtual environment includes a technology specific configuration based on the technology used by the secondary virtual environment for rendering the avatar in the secondary virtual environment (see par.54, lines 3-7 and par.59, lines 1-7 to par.61, lines 1-6) (the system allows to have in each virtual to have its own avatar which can be different avatars in each virtual environments to differentiates between virtual objects). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey to include the avatar configuration associated with one or more secondary metaverse environments includes a user configuration and a technology configuration as taught and suggested by Cardenas Gasca for the purpose of enabling the virtual digital object to be displayed in a display including at least one of an avatar, a captured image of the user or a third party, or a digital scene which enhance user's AR or social media representation (Cardenas Gasca, par.22).
For claims 4, 11 and 18, Silbey fails to teach wherein the at least one processor is further configured to: receive, from the user, a first user configuration associated with the first avatar to be used in the second metaverse environment; and store in the memory the first user configuration as part of the first avatar configuration associated with the second metaverse environment.
Cardenas Gasca further teaches wherein the at least one processor is further configured to: receive, from the user, a first user configuration associated with the first avatar to be used in the second metaverse environment (see par.28, lines 3-8, and par.31, lines 1-10); and store in the memory the first user configuration as part of the first avatar configuration associated with the second metaverse environment (see par.31, lines 1-10 and par.62, lines 1-10) (the system allows to have in each virtual to have its own avatar which can be different avatars in each virtual environments to differentiates between virtual objects such as different objects neckless or earrings and the technology used between the virtual environments). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey to include receive, from the user, a first user configuration associated with the first avatar to be used in the second metaverse environment as taught and suggested by Cardenas Gasca for the purpose of enabling the virtual digital object to be displayed in a display including at least one of an avatar, a captured image of the user or a third party, or a digital scene which enhance user's AR or social media representation (Cardenas Gasca, par.22).
For claims 5, 12 and 19, Silbey, as modified by Cardenas Gasca, Syvain and Todasco, further teaches wherein the at least one processor is further configured to: receive, from the user, a common user configuration to be applied to avatars for a third metaverse environment and a fourth metaverse l environment (col.6, lines 50-68 to col.7,lines 5-15).
Silbey fails to teach generate a first technology configuration based on a first technology used by the third metaverse environment; generate a third avatar configuration for the third metaverse environment, the third avatar configuration including the common user configuration and the first technology configuration; generate a second technology configuration based on a second technology used by the fourth metaverse environment; generate a fourth avatar configuration for the fourth metaverse environment, the fourth avatar configuration including the common user configuration and the second technology configuration; and store in the memory the third avatar configuration and the fourth avatar configuration in the memory associated with the first metaverse environment.
Cardenas Gasca further teaches generate a first technology configuration based on a first technology used by the third metaverse environment (see par.28, lines 3-8, and par.31, lines 1-10); generate a third avatar configuration for the third metaverse environment, the third avatar configuration including the common user configuration and the first technology configuration (see par.54, lines 3-7 and par.59, lines 1-7) (the system allows to have in each virtual to have its own avatar which can be different avatars in each virtual environments); generate a second technology configuration based on a second technology used by the fourth metaverse environment; generate a fourth avatar configuration for the fourth metaverse environment, the fourth avatar configuration including the common user configuration and the second technology configuration (see par.54-56 where Cardenas Gasca teaches of making selection of each avatars that corresponding to virtual environments); and store in the memory the third avatar configuration and the fourth avatar configuration in the memory associated with the first metaverse environment (see par.31, lines 1-10 and par.62, lines 1-10). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey to include first technology configuration based on a first technology used by the third virtual environment; generate a second avatar configuration for the third metaverse environment, the second avatar configuration including the common user configuration and the first technology configuration as taught and suggested by Cardenas Gasca for the purpose of enabling the virtual digital object to be displayed in a display including at least one of an avatar, a captured image of the user or a third party, or a digital scene which enhance user's AR or social media representation (Cardenas Gasca, par.22).
For claims 6, 13 and 20, Silbey fails to teach wherein the first avatar configuration associated with the second metaverse environment comprises: a unique first user configuration that defines one or more attributes of the first avatar; and a common second user configuration that defines one or more other attributes of the first avatar, wherein the common second user configuration applies to an avatar of at least one other secondary metaverse environment.
Cardenas Gasca further teaches wherein the first avatar configuration associated with the second metaverse environment comprises: a unique first user configuration that defines one or more attributes of the first avatar; and a common second user configuration that defines one or more other attributes of the first avatar, wherein the common second user configuration applies to an avatar of at least one other secondary metaverse environment (see par.54-59 where Cardenas Gasca teaches of making selection of each avatars that corresponding to virtual environments to specific or selected user). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey to include a unique first user configuration that defines one or more attributes of the first avatar as taught and suggested by Cardenas Gasca for the purpose of enabling the virtual digital object to be displayed in a display including at least one of an avatar, a captured image of the user or a third party, or a digital scene which enhance user's AR or social media representation (Cardenas Gasca, par.22).
For claim 8, Silbey teaches method for managing avatars in metaverse environments (see col.8, lines 45-65) (virtual environments can be virtual rooms or server or world as show in fig.3), comprising: receiving a user credential associated with a user ((col.11, lines 35-42)), wherein: the user credential provides the user access to a first metaverse environment (col.11, lines 35-42); and one or more of a plurality of secondary metaverse environments are accessible through the first metaverse environment (accessible as moving or jumping from first virtual room to second virtual room or jumping from server or world) (col.3, lines 25-40 and lines 50-65 and col.11, lines 20-42); authorizing the user to access the first metaverse environment based on the user credential (col.3, lines 25-40 and lines 50-65 and col.11, lines 20-42); receiving a request from the user (receive request to jump) to enter a second metaverse environment of the plurality of secondary metaverse environments accessible through the first metaverse environment (the system receive user request to jump from first room to second room) (col.5, lines 5-25 and col.11, lines 3-20); generating the first avatar for the user based on the first avatar configuration; and generating a virtual pass (permission or allowed to jump) for the first avatar of the user to enter the second metaverse environment via the first metaverse environment (col.6, lines 50-67 to col.7,lines 1-15), wherein the virtual pass comprises login credentials specific to the second metaverse environment (Silbey teaches that movement of the user--referred to as a jump--may be in response to a request by the user to jump. One embodiment indicates whether "jumping" to another user or character is permitted by displaying a "jump" button in the user's friend's list for friends, and in a visible place on the application interface for characters. Yet another embodiment includes a technique for a user to indicate to one or more friends that the user wishes to be "jumped to” as Silbey teaches in col.9, lines 1-6).
Silbey teaches of having avatar, that already stored in the memory, to show the movement and jumping request of the user or friends of the user as shown in figures 5 and 6 but fails to teach selecting, from a memory, a predefined first avatar configuration to be used for the user in the second metaverse environment; wherein the predefined first avatar configuration defines a first avatar for the user to be used in the second metaverse environment and comprises a first set of predefined characteristics of the first avatar of the user in the second metaverse environment, wherein the first set of predefined characteristics comprises a first set of visual attributes defining a first visual appearance of the first avatar in the second metaverse environment; the first avatar configuration is different from a predefined second avatar configuration that defines a second avatar to be used for the user in the first metaverse environment, wherein the second set of predefined characteristics comprises a second set of visual attributes defining a second visual appearance of the second avatar in the first metaverse environment, wherein the first set of visual attributes is different from the second set of visual attributes such that the first visual appearance of the first avatar in the second metaverse environment is different from the second visual appearance of the second avatar in the first metaverse environment and generate the first avatar for the user based on the first avatar configuration, and the second avatar configuration comprises a second set of predefined characteristics of the second avatar of the user in the first metaverse environment that are different from the first set of predefined characteristics of the first avatar of the user in the second metaverse environment; and when the user enters the second metaverse environment via the first metaverse environment, switch from the second avatar of the user as defined by the second avatar configuration to the first avatar of the user as defined by the first avatar configuration, and wherein the switch comprises switching from the second visual appearance of the second avatar to the first visual appearance of the first avatar that is different form the second visual appearance.
Cardenas Gasca teaches, similar virtual environments, select, from the memory, (where all images are stored in memory) a predefined first avatar configuration to be used for the user in the second metaverse environment (the avatar that already stored in the memory which means they already predefined and determined with their associated environment see par.28, lines 3-8, and par.54, lines 1-6); wherein the predefined first avatar configuration defines a first avatar for the user to be used in the second metaverse environment and comprises a first set of predefined characteristics of the first avatar of the user in the second metaverse environment (Cardenas Gasca teaches that virtual object creator/editor 132 (e.g., a modified version of Lens Studio by Snap, Inc.) that enables the user to build virtual adornments or other items that can augment and adorn avatars or other AR representations of the users or their digital environment such that the virtual digital objects generated by the virtual object creator/editor 132 may include virtual earrings, necklaces, rings, shoes, clothes, sculptures, paintings, and other forms of art that may be displayed on a live camera view of a user, on an avatar, or in an augmented reality or other digital setting as Cardenas Gasca in par.12 and par.28 and par.39, Cardenas Gasca teaches that the user's actions in designing and generating the minted virtual digital object may be stored as metadata and the user may go backwards or forwards in their series of actions to regenerate/modify the virtual digital object as it is being generated which is that it predefined avatar); and the first avatar configuration is different from a predefined second avatar configuration that defines a second avatar to be used for the user in the first metaverse environment (the system allows that each virtual environments or objects to have its own avatar in order to differentiates between them see par.54 and par.56) and generate the first avatar for the user based on the first avatar configuration (see par.54, lines 3-7 and par.59, lines 1-7) (the system allows the user to have selection options in each virtual environments or objects to have its own avatar in order to differentiates between them). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey to include a first avatar configuration associated with the second metaverse environment; generate a first avatar for the user based on the first avatar configuration as taught and suggested by Cardenas Gasca for the purpose of enabling the virtual digital object to be displayed in a display including at least one of an avatar, a captured image of the user or a third party, or a digital scene which enhance user's AR or social media representation (Cardenas Gasca, par.22).
Syvain teaches the second avatar configuration comprises a second set of predefined characteristics of the second avatar of the user in the first metaverse environment that are different from the first set of predefined characteristics of the first avatar of the user in the second metaverse environment (Syvain teaches that referencing system may be used to enable objects, activities, and Avatars to move between and within multiple virtual environments hosted by multiple different virtual environment servers/server systems as Syvain teaches in col.2, lines 55-68 and shown in figures 1 and 3); and when the user enters the second metaverse environment via the first metaverse environment, switch from the second avatar of the user as defined by the second avatar configuration to the first avatar of the user as defined by the first avatar configuration (Syvain teaches that enabling virtual environments to be meshed such that Avatars can see from one virtual environment into the next, and optionally migrate between the two, opens up new possibilities for integration of virtual environments. For example, an on-line shopping mall may open a mall in virtual space and have stores create their own virtual environments that they may use to present goods for sale. Each store may maintain its own store in its own virtual environment and, hence, maintain control over information that is passed from Avatars to store clerk Avatars within the virtual environment. The virtual environment operated by the store may be secure in that information is able to be passed between the store Avatar and user Avatar in a secure manner so that users may shop securely in the virtual store. However, enabling the stores to be linked to the shopping mall enables the store to have a presence in another virtual environment. Optionally, then, the same store may have a presence in multiple virtual environments such that a retail establishment may have one on-line virtual environment with portals to multiple on-line malls and the link enabling an Avatar associated with the user in the first virtual environment to move from the first virtual environment to the second virtual environment; upon referencing the link, instantiating a second virtual environment client software application on the user's machine, the second virtual environment client software application being a separate process from the first virtual environment client software application and not a separate instance of the first virtual environment client software application as Syvain teaches in col.10, lines 32-55 and col.15-45) (abstract). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey to include first metaverse environment that are different from the first set of predefined characteristics of the first avatar of the user in the second metaverse environment as taught and suggested by Syvain for the purpose of enabling the target virtual environment to customize the content to be shown to the viewer to coincide with their perspective through the vista into the target virtual environment (Syvain, col.3, lines 20-30).
Todasco teaches, similar system, wherein the first set of predefined characteristics comprises a first set of visual attributes defining a first visual appearance of the first avatar in the second metaverse environment (Todasco teaches that Avatars may be associated with avatar appearance, visualization, and/or characterization, including visual appearance, voices or sounds, speech patterns (including language, lines or euphemisms, tones, formal or slang usage, etc.), and the like, in more advanced AR or VR experiences, include character traits associated with tactile feel, smells, or other data capable of being conveys by a sense, and each avatar may also have different appearances, motions (e.g., dances, emotes, etc.), and the like as Todasco teaches in par.18); wherein the second set of predefined characteristics comprises a second set of visual attributes defining a second visual appearance of the second avatar in the first metaverse environment (Todasco teaches that each avatars has specific visual attributes and appearance in each metaverse environment as Todasco teaches in par.18 and 19), wherein the first set of visual attributes is different from the second set of visual attributes such that the first visual appearance of the first avatar in the second metaverse environment is different from the second visual appearance of the second avatar in the first metaverse environment (Todasco teaches that avatars available to a user may be used in different AR or VR experiences and environments, which may further be altered and configured for presentation (e.g., visualizations, communications, motions including dances or emotes, etc.) based on actions the user is performing or other user behaviors, user biometrics or current emotions and states, events and occurrences in the AR or VR environment, communications or other data being related or presented in the environment, and the like as Todasco teaches in par.18 and 19); and wherein the switch comprises switching from the second visual appearance of the second avatar to the first visual appearance of the first avatar that is different form the second visual appearance ((Todasco teaches that the service provider may then display and alter avatars in different AR and VR environments for different users and based on different user behaviors and factors or parameters for the corresponding environments as Todasco teaches in par.18 and 19). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey, as modified by Cardenas Gasca, and Syvain, to include visual attributes in different environments as taught and suggested by Todasco for the purpose of effectively convey information in real-time to users based on the user's behaviors and factors of the real and/or digital environment, which allows personalized interactions with avatars and AR or VR environments (Todasco, par.12).
For claim 15, Silbey teaches A non-transitory computer-readable medium (see col.2,lines 5-10, and col.8, lines 45-65) (virtual environments can be virtual rooms or server or world as show in fig.3), storing instructions that when executed by a processor cause the processor to (col.1, lines 55-68 and col.8, lines 33-40): receive a user credential associated with a user (col.11, lines 35-42), wherein: the user credential provides the user access to a first metaverse environment (col.11, lines 35-42); and one or more of a plurality of secondary metaverse environments are accessible through the first metaverse environment (accessible as moving or jumping from first virtual room to second virtual room or jumping from server or world) (col.3, lines 25-40 and lines 50-65 and col.11, lines 20-42); authorize the user to access the first metaverse environment based on the user credential (col.3, lines 25-40 and lines 50-65 and col.11, lines 20-42); receive a request from the user to enter a second metaverse environment of the plurality of secondary metaverse environments accessible through the first metaverse environment (the system receive user request to jump from first room to second room) (col.5, lines 5-25 and col.11, lines 3-20); generate a virtual pass (permission or allowed to jump) for the first avatar of the user to enter the second metaverse environment via the first metaverse environment (col.6, lines 50-67 to col.7,lines 1-15), wherein the virtual pass comprises login credentials specific to the second metaverse environment (Silbey teaches that movement of the user--referred to as a jump--may be in response to a request by the user to jump. One embodiment indicates whether "jumping" to another user or character is permitted by displaying a "jump" button in the user's friend's list for friends, and in a visible place on the application interface for characters. Yet another embodiment includes a technique for a user to indicate to one or more friends that the user wishes to be "jumped to” as Silbey teaches in col.9, lines 1-6).
Silbey teaches of having avatar, that already stored in the memory, to show the movement and jumping request of the user or friends of the user as shown in figures 5 and 6 but fails to teach select, from the memory, a predefined first avatar configuration to be used for the user in the second metaverse environment; wherein the predefined first avatar configuration defines a first avatar for the user to be used in the second metaverse environment and comprises a first set of predefined characteristics of the first avatar of the user in the second metaverse environment, wherein the first set of predefined characteristics comprises a first set of visual attributes defining a first visual appearance of the first avatar in the second metaverse environment; the first avatar configuration is different from a predefined second avatar configuration that defines a second avatar to be used for the user in the first metaverse environment, wherein the second set of predefined characteristics comprises a second set of visual attributes defining a second visual appearance of the second avatar in the first metaverse environment, wherein the first set of visual attributes is different from the second set of visual attributes such that the first visual appearance of the first avatar in the second metaverse environment is different from the second visual appearance of the second avatar in the first metaverse environment and generate the first avatar for the user based on the first avatar configuration, and the second avatar configuration comprises a second set of predefined characteristics of the second avatar of the user in the first metaverse environment that are different from the first set of predefined characteristics of the first avatar of the user in the second metaverse environment; and when the user enters the second metaverse environment via the first metaverse environment, switch from the second avatar of the user as defined by the second avatar configuration to the first avatar of the user as defined by the first avatar configuration, and wherein the switch comprises switching from the second visual appearance of the second avatar to the first visual appearance of the first avatar that is different form the second visual appearance.
Cardenas Gasca teaches, similar virtual environments, select, from the memory, (where all images are stored in memory) a predefined first avatar configuration to be used for the user in the second metaverse environment (the avatar that already stored in the memory which means they already predefined and determined with their associated environment see par.28, lines 3-8, and par.54, lines 1-6); wherein the predefined first avatar configuration defines a first avatar for the user to be used in the second metaverse environment and comprises a first set of predefined characteristics of the first avatar of the user in the second metaverse environment (Cardenas Gasca teaches that virtual object creator/editor 132 (e.g., a modified version of Lens Studio by Snap, Inc.) that enables the user to build virtual adornments or other items that can augment and adorn avatars or other AR representations of the users or their digital environment such that the virtual digital objects generated by the virtual object creator/editor 132 may include virtual earrings, necklaces, rings, shoes, clothes, sculptures, paintings, and other forms of art that may be displayed on a live camera view of a user, on an avatar, or in an augmented reality or other digital setting as Cardenas Gasca in par.12 and par.28 and par.39, Cardenas Gasca teaches that the user's actions in designing and generating the minted virtual digital object may be stored as metadata and the user may go backwards or forwards in their series of actions to regenerate/modify the virtual digital object as it is being generated which is that it predefined avatar); and the first avatar configuration is different from a predefined second avatar configuration that defines a second avatar to be used for the user in the first metaverse environment (the system allows that each virtual environments or objects to have its own avatar in order to differentiates between them see par.54 and par.56) and generate the first avatar for the user based on the first avatar configuration (see par.54, lines 3-7 and par.59, lines 1-7) (the system allows the user to have selection options in each virtual environments or objects to have its own avatar in order to differentiates between them). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey to include a first avatar configuration associated with the second metaverse environment; generate a first avatar for the user based on the first avatar configuration as taught and suggested by Cardenas Gasca for the purpose of enabling the virtual digital object to be displayed in a display including at least one of an avatar, a captured image of the user or a third party, or a digital scene which enhance user's AR or social media representation (Cardenas Gasca, par.22).
Syvain teaches the second avatar configuration comprises a second set of predefined characteristics of the second avatar of the user in the first metaverse environment that are different from the first set of predefined characteristics of the first avatar of the user in the second metaverse environment (Syvain teaches that referencing system may be used to enable objects, activities, and Avatars to move between and within multiple virtual environments hosted by multiple different virtual environment servers/server systems as Syvain teaches in col.2, lines 55-68 and shown in figures 1 and 3); and when the user enters the second metaverse environment via the first metaverse environment, switch from the second avatar of the user as defined by the second avatar configuration to the first avatar of the user as defined by the first avatar configuration (Syvain teaches that enabling virtual environments to be meshed such that Avatars can see from one virtual environment into the next, and optionally migrate between the two, opens up new possibilities for integration of virtual environments. For example, an on-line shopping mall may open a mall in virtual space and have stores create their own virtual environments that they may use to present goods for sale. Each store may maintain its own store in its own virtual environment and, hence, maintain control over information that is passed from Avatars to store clerk Avatars within the virtual environment. The virtual environment operated by the store may be secure in that information is able to be passed between the store Avatar and user Avatar in a secure manner so that users may shop securely in the virtual store. However, enabling the stores to be linked to the shopping mall enables the store to have a presence in another virtual environment. Optionally, then, the same store may have a presence in multiple virtual environments such that a retail establishment may have one on-line virtual environment with portals to multiple on-line malls and the link enabling an Avatar associated with the user in the first virtual environment to move from the first virtual environment to the second virtual environment; upon referencing the link, instantiating a second virtual environment client software application on the user's machine, the second virtual environment client software application being a separate process from the first virtual environment client software application and not a separate instance of the first virtual environment client software application as Syvain teaches in col.10, lines 32-55 and col.15-45) (abstract). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey, as modified by Cardenas Gasca, to include first metaverse environment that are different from the first set of predefined characteristics of the first avatar of the user in the second metaverse environment as taught and suggested by Syvain for the purpose of enabling the target virtual environment to customize the content to be shown to the viewer to coincide with their perspective through the vista into the target virtual environment (Syvain, col.3, lines 20-30).
Todasco teaches, similar system, wherein the first set of predefined characteristics comprises a first set of visual attributes defining a first visual appearance of the first avatar in the second metaverse environment (Todasco teaches that Avatars may be associated with avatar appearance, visualization, and/or characterization, including visual appearance, voices or sounds, speech patterns (including language, lines or euphemisms, tones, formal or slang usage, etc.), and the like, in more advanced AR or VR experiences, include character traits associated with tactile feel, smells, or other data capable of being conveys by a sense, and each avatar may also have different appearances, motions (e.g., dances, emotes, etc.), and the like as Todasco teaches in par.18); wherein the second set of predefined characteristics comprises a second set of visual attributes defining a second visual appearance of the second avatar in the first metaverse environment (Todasco teaches that each avatars has specific visual attributes and appearance in each metaverse environment as Todasco teaches in par.18 and 19), wherein the first set of visual attributes is different from the second set of visual attributes such that the first visual appearance of the first avatar in the second metaverse environment is different from the second visual appearance of the second avatar in the first metaverse environment (Todasco teaches that avatars available to a user may be used in different AR or VR experiences and environments, which may further be altered and configured for presentation (e.g., visualizations, communications, motions including dances or emotes, etc.) based on actions the user is performing or other user behaviors, user biometrics or current emotions and states, events and occurrences in the AR or VR environment, communications or other data being related or presented in the environment, and the like as Todasco teaches in par.18 and 19); and wherein the switch comprises switching from the second visual appearance of the second avatar to the first visual appearance of the first avatar that is different form the second visual appearance ((Todasco teaches that the service provider may then display and alter avatars in different AR and VR environments for different users and based on different user behaviors and factors or parameters for the corresponding environments as Todasco teaches in par.18 and 19). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey, as modified by Cardenas Gasca, and Syvain, to include visual attributes in different environments as taught and suggested by Todasco for the purpose of effectively convey information in real-time to users based on the user's behaviors and factors of the real and/or digital environment, which allows personalized interactions with avatars and AR or VR environments (Todasco, par.12).
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Silbey et al (8869044) in views of Cardenas Gasca et al (2022/0351280), Syvain et al (9588783) and Todasco et al (2024/0004456) as applied to claims above, and further in view of Van den Dungen et al (2023/0137359).
For claims 7 and 14, Silbey, as modified by Cardenas Gasca, Syvain and Todasco, teaches all the limitation as previsouly set forth and further teaches wherein: to access each of the secondary metaverse environments (col.2, lines 54-57 and col.3, lines 30-40); and the virtual pass to enter the second metaverse environment comprises for accessing the second metaverse environment (col.3, lines 25-40 and col.8, lines 45-65). However, Silbey, as modified by Cardenas Gasca, Syvain and Todasco, fails to teach the memory stores a login credential associated with the user and the login credential associated with the user.
Van den Dungen teaches, similar system, the memory stores a login credential associated with the user (par.7, lines 1-5) and the login credential associated with the user (par.42, lines 1-6). It would have been obvious to one ordinary skill in the art before effective filling date to modify Silbey, as modified by Cardenas Gasca, Syvain and Todasco, to include the memory stores a login credential associated with the user and the login credential associated with the user as taught and suggested by Van den Dungen for the purpose of authenticating information related to the request, and determining, based at least in part on the login credentials and the authentication information, whether to provide access to the network (Van den Dungen, par.7).
Response to Amendments/Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The applicant’s arguments regarding new amendments limitations in claims 1, 8 and 15, have been considered but is moot, because the examiner applied new art, Todasco et al (2024/0004456), that covers newly claimed limitation.
Regarding dependent claims arguments, said arguments are moot because the applied references are not considered to have alleged differences, and therefore are considered to properly show that for which they were cited.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYUB A MAYE whose telephone number is (571)270-5037. The examiner can normally be reached Monday-Friday 9AM-5PM.
Examiner interviews 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 Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHEWAYE GELAGAY can be reached at 571-272-4219. 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 Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.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.
/AYUB A MAYE/Examiner, Art Unit 2436 /SHEWAYE GELAGAY/Supervisory Patent Examiner, Art Unit 2436