DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/4/2026 has been entered.
Response to Amendment
This office action is in response to communications filed 5/4/2026. Claims 1, 8, 12, 19 and 56-57 are amended. Claims 3, 14 and 21-55 are cancelled. Claims 1-2, 4-13, 15-20 and 56-57 are pending in this action.
Response to Arguments
Applicant's arguments filed 5/4/2026 have been fully considered but are moot in view of new grounds of rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4-13, 15-20 and 56-57 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 12 recite “identifying, based at least in part on the mapping and in the physical space, a physical structure of the first type indicated in the metadata”, “identifying that the received query is associated with the identified physical structure of the first type”, and “generating, based at least in part on a character identified in the content item, the physical structure of the first type and the query, an extended reality avatar”. However, there does not appear to be sufficient support for these limitations in the Applicant’s original disclosure. The Examiner acknowledges the Applicant’s disclosure, at least at [0039], [0047] and [0048], which teaches:
[0039] During the creation of a content item, additional 3D extended reality content may be produced, which may relate to the content of the video. For example, creators of an animated movie may additionally create various 3D extended reality environment scenes, objects, animations, and effects that are styled and tinted in the same manner as the content of the movie. A plurality of extended reality objects and scenes may be designed in such a way that they are scalable, tileable, or otherwise suitable for adapting to environments of various shapes and sizes, such as a small room or large room. In the case of virtual reality, an entire virtual space may be created. Metadata indicating the placement possibilities of extended reality objects, such as whether an object, or collection of objects, is for placing on vertical structures such as walls, or are to be presented as free-floating, may be embedded with a content item. In addition, the metadata may comprise timing information used to determine when to display extended reality objects, trigger animations and/or change the objects and/or scenes. The display of these additional extended reality objects, animations and scenes may be enabled or disabled via a user choice or preference accessible via, for example, an OTT platform application. The presence of these additional extended reality objects, animations and scenes may be indicated as being available from within a guide portion of an OTT platform.
[0047] FIG. 5 shows a first example environment 500, and a second example environment 506. The first example environment 500 shows an environment without an extended reality device. The second example environment 506 shows an environment with an extended reality device, for enabling an extended reality avatar, in accordance with some embodiments of the disclosure. The environment 500 comprises a smart television 502. The smart television 502 generates a content item for output that is currently paused 504. Environment 506 shows the same room depicted in environment 500, but through an extended reality device, such as augmented reality headset 508. The smart television 502 and paused 504 content item can be seen, but in addition an extended reality avatar 510 is generated for output at the augmented reality headset 508. A user can interact with the extended reality avatar 510 via, for example, voice commands. In this example, the extended reality avatar 510 displays a prompt, in this case, “I am Maui. Ask me anything!” On receiving a query, an application associated with the avatar may transmit the query to, for example, a server via the internet. A response to the query may be transmitted back to the augmented reality device 508 and generated for output. On resumption of playback of the content item, the avatar may disappear. In some examples, the avatar may be a character and/or object from the content item being played on the smart television 502. In other examples, the avatar may be a generic avatar associated with a query service, such as Amazon Alexa. In further examples, the avatar may be associated with a product and may be limited to answering queries related to a product.
[0048] Potential interactions with extended reality objects, such as via voice or with a controller, may be described in the metadata and incorporated into pre-generated extended reality content. For example, metadata may describe potential interactions with a 3D representation of an animated character from a movie. The metadata may indicate that the, for example, character can be interacted with via an extended reality controller. For example the character may be interacted with via button pushes on the controller, with a plugin for a smart home assistant to allow audio input and control, or with a microphone incorporated into the controller that allows users to ask questions. The extended reality controller may enable a user to control a generated extended reality character and/or an object while the content item is paused. A response or query received from a user may cause a new content item to be played or resumption of playback of the original content item. Playback of a content item may be paused when a microphone button is pushed on the controller and resumed when the microphone button is depressed. In another example, playback of a paused content item may resume when audio input has stopped for a threshold amount of time.
However, this disclosure is not sufficient to support the limitations as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENEA DAVIS whose telephone number is (571)272-9524 and whose email address is CHENEA.SMITH@USPTO.GOV. The examiner can normally be reached M-F: 8:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Flynn can be reached at 571-272-1915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHENEA DAVIS/ Primary Examiner, Art Unit 2421
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