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 .
DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because of the new ground of rejection below.
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 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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ross (US 2018/0157333 A1) in view of Tardif (US 2011/0301934 A1).
1. Ross discloses a computer-implemented method performed by one or more processors in communication with client devices including at least one gesture-capturing camera, comprising:
receiving, from the camera, image data of a real-world gesture made by a user and identifying the real-world gesture determining that the real-world gesture is directed towards a subset of users from a plurality of users and generating one or more private communication channels between the user and the subset of users in response to determining that the real-world gesture is directed towards the subset of users (i.e. the system captures gestures made by a user such that the user nods at a second user. The nod can be used as the indication selecting the user with whom to privately communicate. In another example, the user can instead point at another user, make eye contact for a predefined time period with another user, and/or perform a gesture at a particular user), [0017], [0037], [0039], [0067];
generating one or more virtual gestures corresponding to the real-world gesture, wherein the one or more virtual gestures are associated with one or more meanings, and the one or more meanings are output to the subset of users via the one or more private communication channels (i.e. communications include visual data like avatar movements or drawn shapes, generating virtual representations corresponding to the real-world gestures/actions in the privacy mode, wherein the avatar movements is implicitly associated with a meaning to convey to other user), [0040]; and
outputting the one or more virtual gestures to the subset of users while hiding the one or more virtual gestures from remaining users using a concealment mechanism that modifies output to the client devices of the remaining users by overlaying, replacing, or obscuring the one or more virtual gestures such that the virtual gestures are visible only to the subset of users (i.e. after users enter a privacy mode, the system 200 can modify visual data in the VR space. For example, when the privacy mode is initiated between user 402 and user 404 during a virtual meeting with a number of other users, the VR system can lock an avatar (representing a user) that is engaged in a privacy mode. The locked avatar may not depict the actual movements of the user in the privacy mode as to not detract from the virtual meeting underway. Any other user in the private communication would view the avatar (representing the user) with real time user movements), [0028], [0069].
Alternatively, Tardif discloses generating one or more virtual gestures corresponding to the real-world gesture, wherein the one or more virtual gestures are associated with one or more meanings, and the one or more meanings are output to the subset of users via the one or more private communication channels; and outputting the one or more virtual gestures to the subset of users [0020], [0043], [0054], [0086], [0090]. It would have been obvious to a person of ordinary skilled in the art to modify Ross with Tardif and would have been motivated to do so to implement a sign language translation based on the movement of a user.
2. Ross and Tardif discloses the method of claim 1, wherein said determining that the real-world gesture directed towards the subset of users from the plurality of users includes: determining that a virtual character controlled by the user makes one or more virtual gestures directed towards one or more virtual characters controlled by the subset of users from a plurality of virtual characters controlled by the plurality of users; and determining that the virtual character controlled by the user does not direct the one or more virtual gestures towards remaining ones of the plurality of virtual characters, Ross [0028], [0040], [0069].
3. Ross and Tardif discloses the method of claim 1, wherein said outputting the one or more virtual gestures to the subset of users includes: generating a first private communication channel between a client device operated by the user and a client device operated by a first one of the subset of users; and generating a second private communication channel between the client device operated by the user and a client device operated by a second one of the subset of users (i.e. after the first user and second user close their private communication and the first user can initiate a different private communication with a different user when he performs the private communication request as discussed above with the different user), Ross [0039], [0066].
4. Ross and Tardif discloses the method of claim 1, wherein said outputting the one or more virtual gestures to the subset of users includes: generating image data for displaying one or more images of one or more private communication channels on one or more client devices operated by the subset of users, wherein the one or more images include fields for receiving descriptions of one or more virtual gestures, wherein the one or more virtual gestures include the one or more additional gestures; or generating audio data for outputting sounds via the one or more client devices operated by the subset of users; or a combination thereof, Ross [0028]-[0030], [0036]-[0037], [0040], [0078].
5. Ross and Tardif discloses the method of claim 1, wherein said determining that the one or more additional gestures indicated in the one or more private communication channels are made includes: determining that a virtual character controlled by the user makes one or more additional virtual gestures directed towards one or more virtual characters controlled by the subset of users from a plurality of virtual characters controlled by the plurality of users, Ross [0017], [0028], [0029], [0035], [0040].
6. Ross and Tardif discloses the method of claim 5, wherein said outputting the one or more virtual gestures to the subset of users while hiding the one or more additional gestures from the remaining ones of the plurality of users includes concealing the one or more additional virtual gestures from being out put via one or more client devices operated by the remaining ones of the plurality of users, Ross [0017], [0028], [0029], [0035], [0040].
7. Ross and Tardif discloses the method of claim 1, further comprising: accessing a meaning of the gesture; and outputting the meaning via one or more private communication channels, Ross [0036]-[0037] or Tardif [0054], [0090] .
8. Ross and Tardif discloses the method of claim 1, wherein each of the user and the plurality of users play a video game via a plurality of client devices (i.e. the VR space can be a gaming session utilizing a gaming device and controllers), Ross [0053], [0055], [0060].
9-16. Ross and Tardif discloses a server system comprising: a processor configured to perform operations comprising: receiving, from a camera, image data of a real-world gesture made by a user and identifying the real-world gesture; determining that the real-world gesture is directed towards a subset of users from a plurality of users; generating one or more private communication channels between the user and the subset of users in response to determining that the real-world gesture is directed towards the of users; generating one or more virtual gestures corresponding to the real-world gesture, wherein the one or more virtual gestures are associated with one or more meanings, and the one or more meanings are output to the subset of users via the one or more private communication channels; and outputting the one or more virtual gestures to the subset of users while hiding the one or more virtual gestures from remaining users using a concealment mechanism that modifies output to one or more client devices of the remaining users by overlaying, replacing, or obscuring the one or more virtual gestures such that the virtual gestures are visible only to the subset of users; and a memory device coupled to the processor as similarly discussed above.
17-20. Ross and Tardif discloses a non-transitory computer-readable medium containing program instructions for facilitating private communication between users, wherein execution of the program instructions by one or more processors of a computer system causes the one or more processors to carry out operations of: receiving, from a camera, image data of a real-world gesture made by a user and identifying the real-world gesture: determining that the real-world gesture is directed towards a subset of users from a plurality of users; generating one or more private communication channels between the user and the subset of users in response to determining that the real-world gesture is directed towards the subset of users; generating one or more virtual gestures corresponding to the real-world gesture, wherein the one or more virtual gestures are associated with one or more meanings, and the one or more meanings are output to the subset of users via the one or more private communication channels; and outputting the one or more virtual gestures to the subset of users while hiding the one or more virtual gestures from remaining users using a concealment mechanism that modifies output to one or more client devices of the remaining users by overlaying, replacing, or obscuring the one or more virtual gestures such that the virtual gestures are visible only to the subset of users as similarly discussed above.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
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/Seng H Lim/Primary Examiner, Art Unit 3715