The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Double Patenting
Claims 1-18 of this application is patentably indistinct from claims 1-18 of Application No. 17/702382. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
17/834871
17/702382
1. A system that manages multi-user virtual environment (“MMVE”) on at least one server with a plurality of users, comprising: a plurality of avatars in the MMVE with each avatar associated with a user of the plurality of users; a plurality of user criteria associated with each avatar accessible by the server; a first load value associated with at least a portion of the MMVE having a first grouping of the plurality of avatar generated by the server; and a second grouping of the plurality of avatars identified on the server and moving them to a different portion of the MMVE to reduce the first load value of the server, where the selection of the second grouping from the first grouping is based at least partially upon the plurality of user criteria.
2. The system that manages the MMVE of claim 1, where the plurality of user criteria includes a user's age.
3. The system that manages the MMVE of claim 2, where the first grouping is based at least on a user's age.
4. The system that manages the MMVE of claim 1, where the plurality of user criteria includes a user's political affiliation.
5. The system that manages the MMVE of claim 4, where the first grouping is based at least on a user's political affiliation.
6. The system that manages the MMVE of claim 1, where the plurality of criteria is based on at least on a user's sex.
7. The system that manages the MMVE of claim 6, where the first grouping is based at least on a user's sex.
8. The system that manages the MMVE of claim 1, where the different portion of the MMVE is a new instance of the MMVE.
9. The system that manages the MMVE of claim 1, where the different portion of the MMVE is a new instance of the MMVE on another server in a server bank.
10. A method for managing multi-user virtual environment (“MMVE”) with a plurality of users, the method including: a plurality of avatars in the MMVE with each avatar associated with a user of the plurality of users; a plurality of user criteria associated with each avatar; determining a first load value associated with at least a portion of the MMVE having a first grouping of the plurality of avatar; and selecting a second grouping of the plurality of avatars and moving them to a different portion of the MMVE to that reduces the first load value, where the selection of the second grouping from the first grouping is based upon the plurality of user criteria.
11. The method for managing the MMVE of claim 10, where the plurality of user criteria includes a user's age.
12. The method for managing the MMVE of claim 11, where the first grouping is based at least on a user's age.
13. The method for managing the MMVE of claim 10, where the plurality of user criteria includes a user's political affiliation.
14. The method for managing the MMVE of claim 113, where the first grouping is based at least on a user's political affiliation.
15. The method for managing the MMVE of claim 10, where the plurality of criteria includes at least on a user's sex.
16. The method for managing the MMVE of claim 15 where the first grouping is based at least on a user's sex.
17. The method for managing the MMVE of claim 10, where the different portion of the MMVE is a new instance of the MMVE on the server.
18. The method for managing the MMVE of claim 10, where the different portion of the MMVE is a new instance of the MMVE on another server in a server bank.
1. A system that manages multi-user virtual environment (“MMVE”) on at least one server with a plurality of users, comprising: a plurality of avatars in the MMVE with each avatar associated with a user of the plurality of users; a plurality of user criteria associated with each avatar accessible by the server; a first load value associated with at least a portion of the MMVE having a first grouping of the plurality of avatar generated by the server; and a second grouping of the plurality of avatars identified on the server and moving them to a different portion of the MMVE to reduce the first load value of the server, where the selection of the second grouping from the first grouping is based at least partially upon the plurality of user criteria.
2. The system that manages the MMVE of claim 1, where the plurality of user criteria includes a user's age.
3. The system that manages the MMVE of claim 2, where the first grouping is based at least on a user's age.
4. The system that manages the MMVE of claim 1, where the plurality of user criteria includes a user's political affiliation.
5. The system that manages the MMVE of claim 4, where the first grouping is based at least on a user's political affiliation.
6. The system that manages the MMVE of claim 1, where the plurality of criteria is based on at least on a user's sex.
7. The system that manages the MMVE of claim 6, where the first grouping is based at least on a user's sex.
8. The system that manages the MMVE of claim 1, where the different portion of the MMVE is a new instance of the MMVE.
9. The system that manages the MMVE of claim 1, where the different portion of the MMVE is a new instance of the MMVE on another server in a server bank.
10. A method for managing multi-user virtual environment (“MMVE”) with a plurality of users, the method including: a plurality of avatars in the MMVE with each avatar associated with a user of the plurality of users; a plurality of user criteria associated with each avatar; determining a first load value associated with at least a portion of the MMVE having a first grouping of the plurality of avatar; and selecting a second grouping of the plurality of avatars and moving them to a different portion of the MMVE to that reduces the first load value, where the selection of the second grouping from the first grouping is based upon the plurality of user criteria.
11. The method for managing the MMVE of claim 10, where the plurality of user criteria includes a user's age.
12. The method for managing the MMVE of claim 11, where the first grouping is based at least on a user's age.
13. The method for managing the MMVE of claim 10, where the plurality of user criteria includes a user's political affiliation.
14. The method for managing the MMVE of claim 113, where the first grouping is based at least on a user's political affiliation.
15. The method for managing the MMVE of claim 10, where the plurality of criteria includes at least on a user's sex.
16. The method for managing the MMVE of claim 15 where the first grouping is based at least on a user's sex.
17. The method for managing the MMVE of claim 10, where the different portion of the MMVE is a new instance of the MMVE on the server.
18. The method for managing the MMVE of claim 10, where the different portion of the MMVE is a new instance of the MMVE on another server in a server bank.
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 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, 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.
Claims 1-18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jung et al (20060178899) in view of Ollila (20120096523).
As per claim 1, Jung et al (20060178899) teaches a system that manages multi-user virtual environment (“MMVE”) on at least one server with a plurality of users (as, having multiple using avatars, with ‘multiple participants’ – para 0091), comprising:
a plurality of avatars in the MMVE with each avatar associated with a user of the plurality of users (as a plurality of participants associated with an avatar – para 0091, in a distributed environment – para 0088-0089 – communication links to servers and other networks);
a plurality of user criteria associated with each avatar accessible by the server (as, accessing different types of participant data including avatar information – para 0090); a first load value associated with at least a portion of the MMVE having a first grouping of the plurality of avatar generated by the server; and a second grouping of the plurality of avatars identified on the server (as determining the position of each avatar/user based on the load on the current grouping of participants on a server – para 0089) ,
and moving them to a different portion of the MMVE to reduce the first load value of the server, where the selection of the second grouping from the first grouping is based at least partially upon the plurality of user criteria (as, determining the groupings of the users, based on load – para 0089, including number/location of participants, as well as other parameters – para 0089).
Although Jung et al (20060178899) teaches other parameters to determine the subgrouping/allocation of the user/avatar to certain servers, Jung et al (20060178899) does not specify the type of criteria, or not necessarily but possibly, tied to user criteria. However, Ollila (20120096523) teaches discernment of users/avatars based on user criteria (para 0028 – based on user profiles). Therefore, it would have been obvious to one of ordinary skill in the art of networked users/avatars to modify the grouping concept of Jung et al (20060178899) with an more detailed groupings based on specific user criteria, as taught by Ollila (20120096523) because it would advantageously improve the confidence level of creating the correct link based on the more detailed information ( Ollila (20120096523) , para 0030).
As per claim 2, the combination of Jung et al (20060178899) in view of Ollila (20120096523) teaches the system that manages the MMVE of claim 1, where the plurality of user criteria includes a user's age (see Ollila (20120096523) , para 0028, wherein the information is based on user’s age).
As per claim 3, the combination of Jung et al (20060178899) in view of Ollila (20120096523) teaches the system that manages the MMVE of claim 2, where the first grouping is based at least on a user's age (see Jung et al (20060178899) para 0089 for the groupings, with Ollila (20120096523) , para 0028, wherein the information is based on user’s age).
As per claim 4, the combination of Jung et al (20060178899) in view of Ollila (20120096523) teaches the system that manages the MMVE of claim 1, where the plurality of user criteria includes a user's political affiliation (see Ollila (20120096523) , para 0028, wherein the information is based on user’s political persuasion).
As per claim 5, the combination of Jung et al (20060178899) in view of Ollila (20120096523) teaches the system that manages the MMVE of claim 4, where the first grouping is based at least on a user's political affiliation (see Jung et al (20060178899) para 0089 for the groupings, with Ollila (20120096523) , para 0028, wherein the information is based on user’s political persuasion).
As per claim 6, the combination of Jung et al (20060178899) in view of Ollila (20120096523) teaches the system that manages the MMVE of claim 1, where the plurality of criteria is based on at least on a user's sex (see Ollila (20120096523) , para 0028, wherein the information is based on user’s gender).
As per claim 7, the combination of Jung et al (20060178899) in view of Ollila (20120096523) teaches the system that manages the MMVE of claim 6, where the first grouping is based at least on a user's sex (see Jung et al (20060178899) para 0089 for the groupings, with Ollila (20120096523) , para 0028, wherein the information is based on user’s gender) .
As per claims 8,9, the combination of Jung et al (20060178899) in view of Ollila (20120096523) teaches wherein the allocation of to the MMVE is based on a new entry (see Jung et al (20060178899) , for the position of the user – ie, new, in the virtual world – para 0089).
Claims 10-18 are method claims whose steps are performed by the system claims 1-9; as such, claims 10-18 are similar in scope and content to claims 1-9 above and therefore, claims 10-18 are rejected under similar rationale as presented against claims 1-9 above.
Response to Arguments
Applicant's arguments processed on 9/13/2023 have been fully considered but they are not persuasive. As per applicants arguments against the double patenting rejection, the submitted claims offer no further claim amendments; therefore, the original obviousness type double patenting rejection remains. As to applicants arguments against the Jung in view of Ollila rejection, examiner argues 1) additional elements taught by the prior art, not included in the claims, does not preclude the references from teaching the claim scope/elements (ie, applicants arguments against ‘distributed environment’; 2) the recited para of Jung teaches the allocation of users according to the capability of the server/server load, and these allocations are continually updated. .
Conclusion
THIS ACTION IS MADE FINAL. 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form.
See the following details of related prior art, toward applicants claim elements:
Shuster (20090141023) teaches multi-user virtual environment with avatars -- abstract, para 0007, 0008; as well as based on age/gender/political affiliation, etc., and grouping according to these attributes – para 0012
Aldrey et al (20090172751) teaches multiple user environment – para 0033, with avatar creation based on age/gender/political interests/hobbies, etc. – para 0058.
Smith et al (20090131166) teaches avatar profiles (para 0048) and managing of the services of the avatar to take into account server load – para 0003
Jones et al (20110271332) teaches avatar linking to a user in a conference environment (para 0155), wherein the conference system manages groupings to load balance the traffic – para 0256.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Opsasnick, telephone number (571)272-7623, who is available Monday-Friday, 9am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Richemond Dorvil, can be reached at (571)272-7602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael N Opsasnick/Primary Examiner, Art Unit 2658 01/30/2025