DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This Office Action is in response the Amendment filed 03/31/2026.
3. Claims 1-20 are examined herein.
Response to Arguments
4. Applicant’s arguments filed March 31, 2026, with respect to the rejection(s) of claim(s) 1-20 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Borchetta et al (US 20170103432 A1).
Claim Rejections - 35 USC § 103
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.
5. Claims 1-4, 7, 9-13, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kasaba (US 11140360 B1) in view of Borchetta et al (US 20170103432 A1).
Kasaba describes a system and method for an interactive digitally rendered avatar of a subject person during a video presentation.
Borchetta describes systems and methods for generating customized avatars and customized online portals.
As per claims 1 (method), 10 (system), and 17 (storage medium), Kasaba discloses a computer-implemented method of generating a virtual synthetic representative (system and method for an interactive digitally rendered avatar of a subject person during a video presentation (Abstract, also see column 5, lines 52-60), the method comprising:
collecting, by one or more processors, personal data regarding past communications of an individual person (Referring now to FIG. 2, a detailed view of an example embodiment of avatar database 116 is shown. In some embodiments, avatar database 116 may include one or more data collections comprising data or information associated with a subject person that allows AI engine 102 to generate an interactive digital avatar of the subject person. Column 5, lines 61-66. For example, as shown in FIG. 2, first data collection 208 may include audio data 210, video data 212, image data 214, and/or text data 216 associated with a subject person. column 6, lines 55-63);
identifying, by the one or more processors, and from the personal data, one or more attributes indicative of one or more personal mannerisms indicative of typical movements associated with the past communications of the individual person during interpersonal interaction of the individual person with others (By storing different data collections for avatars of the same subject person at different ages or ages ranges, the subject person may have an interactive digital avatar that mimics or emulates the speech, mannerisms, and inflections of the subject person at a first age and another interactive digital avatar that mimics or emulates the speech, mannerisms, and inflections of the subject person at a second age that is older or younger than the first age. With this arrangement, interactive digital avatars of the same subject person at different ages can accurately represent the physical appearance and speech, mannerisms, and inflections of the subject person at different time periods in the subject person's life. column 6, lines 42-54);
creating, by the one or more processors, a synthetic representative profile indicative of the personal mannerisms of the person from the one or more attributes (system 100 uses an artificial intelligence (AI) engine 102 to process and analyze a plurality of data associated with one or more subject persons and uses the data to render and generate an interactive avatar of the subject person that is configured to mimic or emulate the speech, mannerisms, and inflections of the subject person. Column 3, lines 63-column 4, lines 3. In some embodiments, CGI rendering module 112 may receive information or data about the subject person from AI engine 102, including information or data about the subject person stored in avatar database 116, that allows CGI rendering module 112 to digitally render and generate an interactive avatar of the subject person that physically resembles the subject person and that is configured to mimic or emulate the speech, mannerisms, and inflections of the subject person. Column 5, lines 52-60); and
virtually constructing, by the one or more processors, a synthetic representative from the synthetic representative profile, the synthetic representative including a visual representation in a virtual environment (In an example embodiment, system 100 includes computer graphics interface (CGI) rendering module 112. CGI rendering module 112 is configured to generate a digital representation of a subject person, including at least a face/head or a partial or full body of the subject person. In an example embodiment, the interactive digital avatar of the subject person rendered and generated by CGI rendering module 112 may be output for display through avatar interface 114 to interact with one or more users, column 5, lines 25-34); also see the avatar interface 114 (i.e. virtual environment 114) of Fig. 4).
Kasaba discloses personalization data 310 can include various personal data or information associated with first user 302 so that AI engine 102 may use personalization data 310 to customize or personalize the interaction between a digital avatar and first user 302. For example, personalization data 310 may include the user's name, birthday, hair or eye color, names of family members, the user's preferences (e.g., nicknames, topics of conversation, greeting types, favorite subjects, etc.), and other information that can be used by AI engine 102 to personalize or customize interactions between the user and the digital avatar of the subject person, column 8, lines 21-31.
However, Kasaba’s personalization data falls short to include wherein the virtual environment includes one or more accent items determined from the personal data and indicative of an interest or a hobby of the individual person.
Borchetta, on the other hand, discloses the virtual environment includes one or more accent items determined from the personal data and indicative of an interest or a hobby of the individual person ([0081] In some embodiments, as described above, the apparel of an avatar may incorporate personalized items, such as team or school colors (e.g., if the avatar is being used in a campaign for the team or school). Other examples of how an avatar may be personalized include logos, brands, sports or band equipment (or other organization propos or equipment, such as chess pieces or awards for chess club, costumes for school plays, etc. [0023] updating a graphic associated with the avatar to indicate the award (e.g., showing a virtual representation of the award as being worn or held by the avatar or as being in a virtual room of the avatar, such as a virtual trophy on a shelf). [0063] For example, a representation of the user's earned virtual award may be indicated in a location of the avatar (e.g., a virtual room or virtual locker) generated for the user or may be indicated in additional text included in a page of the online portal or e-mail messages transmitted to recipients. [0095] Referring now to FIG. 8A, illustrated therein is an example user interface 800 comprising a customized avatar represented in a virtual location comprising a virtual room, which virtual room is personalized with content relevant to the user and/or the avatar. Illustrated in the virtual room is the user's avatar 805.
Before effective filling date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the teaching of Borchetta with Kasaba so that based on the information collected personalized graphical representation of the avatar would be created.
Therefore, it would have been obvious to combine Kasaba with Borchetta to obtain the invention as specified in claim 1.
As per claims 2 (method), 11(system), and 18 (storage medium) , Kasaba in view of Borchetta further discloses that the computer-implemented method of claim 1, wherein creating the synthetic representative includes training a machine learning algorithm using the collected personal data to generate virtual representations that mimic the personal mannerisms (Kasaba, In some embodiments, a data collection and/or training process may be executed by AI engine 102 of system 100 to obtain, sort, analyze, and process the various data forming plurality of data collections 200 that is stored in avatar database 116 associated with each avatar. Additionally, AI engine 102 may also execute one or more training sessions using CGI rendering module 112 to generate a digital representation of the subject person for each subject person's avatar. These training sessions may be used to refine the interactive avatar of the subject person to accurately mimic or emulate the speech, mannerisms, and inflections of the subject person. In some embodiments, these training processes or sessions may be implemented using machine-learning techniques. column 6, lines 9-22, column 12, lines 24-40).
As per claims 3 (method), 12(system), and 19 (storage medium,) Kasaba in view of Borchetta further discloses that the computer-implemented method of claim 1, wherein the personal data comprises one or more observable characteristics of the person (Kasaba, Image data 214 can include one or more image files or photographs of the subject person so that AI engine 102 may use image data 214 to accurately render and generate the physical characteristics of at least the face/head or the partial or full body of the subject person from a variety of different angles and perspectives. column 7, lines 15-20). Also see observable characteristics of the person Fig. 4. In this embodiment, interactive digital avatar 402 shown in display area 400 of avatar interface 114 is in the form of a head and/or face of a subject person).
As per claims 4 (method), and 13 (system), Kasaba in view of Borchetta further discloses that the computer-implemented method of claim 1, wherein the personal data comprises one or more of voice recordings, photographs, images, videos, or biometric data (Kasaba, In this embodiment, a representative data collection, for example, first data collection 208 for first avatar 202 is shown in detail. In an example embodiment, each data collection of plurality of data collections 200 may include various types and formats of data or information associated with a subject person. For example, as shown in FIG. 2, first data collection 208 may include audio data 210, video data 212, image data 214, and/or text data 216 associated with a subject person. Column 6, lines 55-63). Furthermore, system 100 uses an artificial intelligence (AI) engine 102 to process and analyze a plurality of data associated with one or more subject persons and uses the data to render and generate an interactive avatar of the subject person that is configured to mimic or emulate the speech, mannerisms, and inflections of the subject person. Column 3, lines 64-column 4, lines 3. Also see Column 6, lines 42-54).
As per claims 7 (method) and 16 (system), Kasaba in view of Borchetta further discloses that the computer-implemented method of claim 1, wherein the one or more attributes comprises one or more of a race, ethnicity, sex, gender, lexicon, speech pattern, intonation, physical feature, fashion style, personal interest, or hobby (Kasaba, Image data 214 can include one or more image files or photographs of the subject person so that AI engine 102 may use image data 214 to accurately render and generate the physical characteristics of at least the face/head or the partial or full body of the subject person from a variety of different angles and perspectives. Column 6, lines 42-54; Column 7, lines 15-20).
As per claim 9, Kasaba in view of Borchetta further discloses that the computer-implemented method of claim 1, wherein the individual person comprises a customer, the synthetic representative comprises a synthetic customer, and wherein the synthetic representative profile comprises a customer profile (Kasaba, Referring now to FIG. 2, a detailed view of an example embodiment of avatar database 116 is shown. In some embodiments, avatar database 116 may include one or more data collections comprising data or information associated with a subject person that allows AI engine 102 to generate an interactive digital avatar of the subject person. In an example embodiment, avatar database 116 may include a plurality of data collections 200 for one or more avatars of a subject person or subject persons. As shown in FIG. 2, plurality of data collections 200 includes data collections associated with each of a first avatar 202, a second avatar 204, and a third avatar 206. It should be understood that data collections for three avatars (202, 204, 206) are shown in FIG. 2 for purposes of illustration and avatar database 116 may include data collections for any number of avatars. column 5, lines 61-column 6, lines 8).
6. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kasaba (US 11140360 B1) in view of Borchetta et al (US 20170103432 A1) and Hoch et al (US 8,660,924 B2).
As per claim 8 (method), Kasaba in view of Borchetta as illustrate in Fig 4 of Kasaba discloses interactive digital avatar 402 shown in display area 400 of avatar interface 114 is in the form of a head and/or face of a subject person (Kasaba further discloses, for example, at operation 606, system 100 may initiate an interactive session between the user and the interactive digital avatar (e.g., interactive digital avatar 402) via a two-way communication format that allows the user and the interactive digital avatar to engage in a one-on-one conversation or interaction through avatar interface 114 on user interface 500, described above. Column 11, lines 38-53).
Additionally, Kasaba, discloses that, AI engine 102 may also execute one or more training sessions using CGI rendering module 112 to generate a digital representation of the subject person for each subject person's avatar (column 6, lines 9-13).
The only thing missing from Kasaba in view of Borchetta is that the interactive digital avatar 402 is not labeled as insurance agent as required in the claim.
Hoch, on the other hand, discloses an interactive assistance as insurance agent. For example screen 1400 includes a depiction of a virtual character, in this case trusted insurance advisor Harvey Keck 1410, who can interact with and educate the prospective customer regarding a provider's insurance products, and ultimately enable the purchase of such products. column 17, lines 39-43, Also see for example insurance agent in Fig. 14, 16, 18, or 20).
Before effective filling date of the invention, it would have been obvious to a person of ordinary skill in the art to replace the interactive digital avatar (e.g. 402) of Kasaba in view of Borchetta with trusted insurance advisor (e.g. Harvey Keck 1410) of Hoch. For example, a trusted insurance agent character might interact with customers regarding a particular insurance plan by speaking audio dialogue, accompanied by textual and visual data, along with animations employing other virtual characters, all in an effort to educate prospective customers regarding various aspects of that insurance plan (Hoch, col. 5, lines 49-54).
Therefore, it would have been obvious to combine Hoch with Kasaba in view of Borchetta to obtain the invention as specified in claim 8.
7. Claims 5-6, 14-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kasaba (US 11140360 B1) in view of Borchetta et al (US 20170103432 A1) and Layman et al (US 20230289883 A1).
Layman et al (“Layman”) is directed to dynamic generation of a stock portfolio generated by social media content.
As per claims 5 (method ), 14(system) and 20 (storage medium), Kasaba in view of Borchetta further discloses that the information or data used to generate the responses by first interactive avatar 716 during interactive session may be obtained from the data collection associated with the avatar stored in avatar database 116. For example, the data collection may include at least one instance of text, audio, video, or image data where subject person 702 has stated that her favorite color is purple. Accordingly, system 100 may retrieve this information from avatar database 116 in order to allow first interactive avatar 716 of subject person 702 to answer the question from first user 706. Kasaba, Column 13, lines 58-column 14, lines 8).
Although Kasaba in view of Borchetta discloses obtaining data from data collection associate with target avatar but Kasab in view of Borchetta fails to discloses the computer-implemented method of claim 1, wherein collecting the personal data comprises scraping data associated with a social media account. Layman, on the other hand, discloses [(0018] b) scraping social media accounts (e.g., collecting data such as text and images from a social media account that provide indicia of a user's desired securities).
Since Kasaba is directed to obtaining or collecting data about the target user, before effective filling date of the invention, it would have been obvious to a person of ordinary skill in the art to employ collecting data via scraping social media accounts as described in Layman so that scrapping the social media provides several benefits including gaining valuable insights, identifying potential customers and identify emerging trends, etc.
Therefore, it would have been obvious to combine Layman with Kasab in view of Borchetta to obtain the invention as specified in claims 5, 14 and 20.
As per claims 6 (method) and 15 (system) , Kasaba in view of Borchetta and Layman further discloses that the computer-implemented method of claim 5, wherein virtually constructing a synthetic representative includes generating a three dimensional avatar of the person from images associated with the social media account (Kasaba, AI engine 102 may use CGI rendering module 112 to generate a three-dimensional representation of the subject person from the plurality of two-dimensional representations of the subject person from image data 214. Additionally, image data 214 may also include one or more frames of the subject person obtained from video data 212.column 7, lines 20-26). That is, each user (first user 302, second user 304, and third user 306) will have a unique data set in their user file stored in user database 118 that includes their own personalization data, account data, and interaction data. column 9, lines 6-9).
Conclusion
8. 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.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TADESSE HAILU whose telephone number is (571)272-4051; and the email address is Tadesse.hailu@USPTO.GOV. The examiner can normally be reached Monday- Friday 9:30-5:30 (Eastern time).
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, Bashore, William L. can be reached (571) 272-4088. 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.
/TADESSE HAILU/ Primary Examiner, Art Unit 2174
Prosecution Insights