Prosecution Insights
Last updated: October 02, 2026
Application No. 18/235,542

CONTROLLING AN AVATAR OF A FIRST PARTICIPANT BY A SECOND PARTICIPANT

Non-Final OA §101§102§103
Filed
Aug 18, 2023
Examiner
LAM, CHAK FUNG ANTHONY
Art Unit
Tech Center
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
16 currently pending
Career history
9
Total Applications
across all art units
This examiner has no resolved cases yet (career too new); statute-level performance unavailable. The Grant Probability card shows Tech Center averages instead.

Office Action

§101 §102 §103
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 § 101 Claims 9-16 are rejected under 35 U.S.C. 101 because claim 9-16 recites: “A computer-readable storage medium…”, however, the ordinary meaning of a computer readable medium known in the art covers forms of non-transitory mediums(CD-ROM, hard drives, etc.) and transitory mediums (propagating signals, etc.). Therefore claims 9-16 are not statutory for reciting a computer readable medium which covers both non-statutory subject matter and statutory subject matter. However, claim …may be amended to narrow the claim to cover only statutory embodiments by amending the claim to recite “A non-transitory computer-readable storage medium…”. Claims that recite nothing but the physical characteristics of a form of energy, such as a frequency, voltage, or the strength of a magnetic field, define energy or magnetism, per se, and as such are non statutory natural phenomena. O’Reilly, 56 U.S. (15 How.) at 112-14. Moreover, it does not appear that a claim reciting a signal encoded with functional descriptive material falls within any of the categories of patentable subject matter set forth in § 101. First, a claimed signal is clearly not a “process” under § 101 because it is not a series of steps. The other three § 101 classes of machine, compositions of matter and manufactures "relate to structural entities and can be grouped as ‘product’ claims in order to contrast them with process claims." 1 D. Chisum, Patents § 1.02 (1994). The three product classes have traditionally required physical structure or material. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless –(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 9, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamilton II (Patent No. US 20090259948 A1). Regarding claim 1, Hamilton teaches A computer-implemented method for controlling an avatar of a first participant by a second participant, the method comprising: (Hamilton II, “[0043] The avatar control tool 53 comprises a primary entity control component 80 configured to provide an interface with a first, or primary, entity that is controlling the avatar. The first entity may, for example, be a user (e.g., live, real human being). The first entity typically controls all aspects of the avatar. The aspects may include, for example, the avatar's gestures, recording, utterances, ability to move, teleport, remove items, purchase items, and/or the like. [0044] A surrogate avatar controller 82 is configured to supply tokens, wherein the token comprises a permission for a second entity to control at least one aspect of the avatar. The aspects comprise, for example, the avatar's gestures, recording, utterances, ability to move, teleport, remove items, purchase items, and/or the like. The token(s) may be supplied and/or received from a primary user via the primary entity control component 80 and/or supplied and/or received from a secondary entity via the secondary entity control component 86.”) receiving a selection of an activity or a step of said activity to be performed by said avatar of said first participant in a virtual environment that said first participant needs assistance in completing; (Hamilton II, “[0047] In an embodiment the avatar control tool 54 may include, a service support center that allows a surrogate control specialist to take over control aspects of many avatars. For example, as shown in FIG. 7, a single specialist may view the avatar's status, handle their chats, and/or the like. This control may be done by an automated machine (e.g., artificial intelligence device)b or it may be done by a skilled person such as a person in an avatar-control service who uses a multiple-window GUI to control several avatars. As depicted in FIG. 7, a single user ("secondary entity") is controlling aspects of a five (5) separate avatars. The secondary entity can control the first avatar ("1") and the ability to chat. Similarly, the secondary entity can control the second avatar ("2") and the ability to control gestures and listening. The secondary entity can control the third avatar ("3") and is only allowed the ability to reveal that the secondary entity (agent) is running to person X. The secondary entity can control the fourth avatar ("4") and is not allowed to reveal that the agent is running to person Y. Finally, the secondary entity may have full control of all aspects of the fifth avatar ("5"). It should be apparent, that a near infinite variety of control permutations and quantity of avatars under control by the secondary entity are available under aspects of the present invention.”) and granting control of said one or more limbs or said entirety of said avatar of said first participant to said second participant. (Hamilton II, “0044] A surrogate avatar controller 82 is configured to supply tokens, wherein the token comprises a permission for a second entity to control at least one aspect of the avatar. The aspects comprise, for example, the avatar's gestures, recording, utterances, ability to move, teleport, remove items, purchase items, and/or the like. The token(s) may be supplied and/or received from a primary user via the primary entity control component 80 and/or supplied and/or received from a secondary entity via the secondary entity control component 86.”) Regarding claim 9, Hamilton teaches A computer program product for controlling an avatar of a first participant by a second participant, the computer program product comprising one or more computer readable storage mediums having program code embodied therewith, the program code comprising programming instructions for: (Hamilton II, “[0068] The drives and their associated computer-readable media provide nonvolatile storage of computer readable instructions, data structures, program modules, and other data for computer 102. Although the exemplary environment described herein employs a hard disk 116, a removable magnetic disk 118 and a removable optical disk 122, it should be appreciated by those skilled in the art that other types of computer readable media which can store data that is accessible by a computer, such as magnetic cassettes, flash memory cards, digital video disks, RAMs, ROM, and the like, may also be used in the exemplary operating environment.”) receiving a selection of an activity or a step of said activity to be performed by said avatar of said first participant in a virtual environment that said first participant needs assistance in completing; (Hamilton II, “[0047] In an embodiment the avatar control tool 54 may include, a service support center that allows a surrogate control specialist to take over control aspects of many avatars. For example, as shown in FIG. 7, a single specialist may view the avatar's status, handle their chats, and/or the like. This control may be done by an automated machine (e.g., artificial intelligence devie) or it may be done by a skilled person such as a person in an avatar-control service who uses a multiple-window GUI to control several avatars. As depicted in FIG. 7, a single user ("secondary entity") is controlling aspects of a five (5) separate avatars. The secondary entity can control the first avatar ("1") and the ability to chat. Similarly, the secondary entity can control the second avatar ("2") and the ability to control gestures and listening. The secondary entity can control the third avatar ("3") and is only allowed the ability to reveal that the secondary entity (agent) is running to person X. The secondary entity can control the fourth avatar ("4") and is not allowed to reveal that the agent is running to person Y. Finally, the secondary entity may have full control of all aspects of the fifth avatar ("5"). It should be apparent, that a near infinite variety of control permutations and quantity of avatars under control by the secondary entity are available under aspects of the present invention.”) and granting control of said one or more limbs or said entirety of said avatar of said first participant to said second participant. (Hamilton II, “0044] A surrogate avatar controller 82 is configured to supply tokens, wherein the token comprises a permission for a second entity to control at least one aspect of the avatar. The aspects comprise, for example, the avatar's gestures, recording, utterances, ability to move, teleport, remove items, purchase items, and/or the like. The token(s) may be supplied and/or received from a primary user via the primary entity control component 80 and/or supplied and/or received from a secondary entity via the secondary entity control component 86.”) Regarding claim 17, Hamilton teaches A system, comprising: a memory for storing a computer program for controlling an avatar of a first participant by a second participant; and a processor connected to the memory, wherein the processor is configured to execute program instructions of the computer program comprising: (Hamilton II, “[0066] In FIG. 9, the system memory 106 includes computer readable media in the form of volatile memory, such as random access memory (RAM) 110, and/or non-volatile memory, such as ROM 112. A BIOS 114 containing the basic routines that help to transfer information between elements within computer 102, such as during start-up, is stored in ROM 112. RAM 110 typically contains data and/or program modules that are immediately accessible to and/or presently operated on by processor 104.”)) receiving a selection of an activity or a step of said activity to be performed by said avatar of said first participant in a virtual environment that said first participant needs assistance in completing; (Hamilton II, “[0047] In an embodiment the avatar control tool 54 may include, a service support center that allows a surrogate control specialist to take over control aspects of many avatars. For example, as shown in FIG. 7, a single specialist may view the avatar's status, handle their chats, and/or the like. This control may be done by an automated machine (e.g., artificial intelligence devie) or it may be done by a skilled person such as a person in an avatar-control service who uses a multiple-window GUI to control several avatars. As depicted in FIG. 7, a single user ("secondary entity") is controlling aspects of a five (5) separate avatars. The secondary entity can control the first avatar ("1") and the ability to chat. Similarly, the secondary entity can control the second avatar ("2") and the ability to control gestures and listening. The secondary entity can control the third avatar ("3") and is only allowed the ability to reveal that the secondary entity (agent) is running to person X. The secondary entity can control the fourth avatar ("4") and is not allowed to reveal that the agent is running to person Y. Finally, the secondary entity may have full control of all aspects of the fifth avatar ("5"). It should be apparent, that a near infinite variety of control permutations and quantity of avatars under control by the secondary entity are available under aspects of the present invention.”) and granting control of said one or more limbs or said entirety of said avatar of said first participant to said second participant. (Hamilton II, “0044] A surrogate avatar controller 82 is configured to supply tokens, wherein the token comprises a permission for a second entity to control at least one aspect of the avatar. The aspects comprise, for example, the avatar's gestures, recording, utterances, ability to move, teleport, remove items, purchase items, and/or the like. The token(s) may be supplied and/or received from a primary user via the primary entity control component 80 and/or supplied and/or received from a secondary entity via the secondary entity control component 86.”) 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. Claim(s) 2-8, 10-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hamilton II (Patent No. US 20090259948 A1) in view of Spivack (Patent No. US 20190107991 A1). Regarding claim 2, Hamilton II teaches to control said one or more limbs or said entirety of said avatar of said first participant. (Hamilton II, “[0044] A surrogate avatar controller 82 is configured to supply tokens, wherein the token comprises a permission for a second entity to control at least one aspect of the avatar. The aspects comprise, for example, the avatar's gestures, recording, utterances, ability to move, teleport, remove items, purchase items, and/or the like. The token(s) may be supplied and/or received from a primary user via the primary entity control component 80 and/or supplied and/or received from a secondary entity via the secondary entity control component 86.”) However, Hamilton II is silent about The computer-implemented method as recited in claim 1 further comprising: accessing one or more sensors configured to monitor movements of said second participant Spivack teaches The computer-implemented method as recited in claim 1 further comprising: accessing one or more sensors configured to monitor movements of said second participant (Spivack, “[0384] In process 1046, it is detected that the given user physically moves about in the real world environment. In process 1048, it is changed, where the object is depicted and where the augmented reality features are rendered in the real world environment. / [0292] One embodiment of the client device 402 further includes a processing unit 434. The location sensor 440, accelerometer/motion sensor 442, and timer 444 have been described with reference to the example of FIG. 4A.”) Therefore, it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hamilton II’s art by including The computer-implemented method as recited in claim 1 further comprising: accessing one or more sensors configured to monitor movements of said second participant as taught by Spivack and use that with Hamilton II’s Surrogate avatar Control in a Virtual Universe. The motivation of the combination is to introduce VR headset / controller as accessory for the invention. Regarding claim 3, Hamilton II teaches reflected in movements of said avatar of said first participant. (Hamilton II, “[0384] In process 1046, it is detected that the given user physically moves about in the real world environment. In process 1048, it is changed, where the object is depicted and where the augmented reality features are rendered in the real world environment. / [0292] One embodiment of the client device 402 further includes a processing unit 434. The location sensor 440, accelerometer/motion sensor 442, and timer 444 have been described with reference to the example of FIG. 4A.”) However, Hamilton II is silent about The computer-implemented method as recited in claim 2 further comprising: receiving movements of said second participant from said one or more sensors to be Spivack teaches The computer-implemented method as recited in claim 2 further comprising: receiving movements of said second participant from said one or more sensors to be (Spivack, “[0384] In process 1046, it is detected that the given user physically moves about in the real world environment. In process 1048, it is changed, where the object is depicted and where the augmented reality features are rendered in the real world environment. / [0292] One embodiment of the client device 402 further includes a processing unit 434. The location sensor 440, accelerometer/motion sensor 442, and timer 444 have been described with reference to the example of FIG. 4A.”) Therefore, it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hamilton II’s art by including The computer-implemented method as recited in claim 2 further comprising: receiving movements of said second participant from said one or more sensors to be as taught by Spivack and use that with Hamilton II’s Surrogate avatar Control in a Virtual Universe. Regarding claim 4, Hamilton II teaches The computer-implemented method as recited in claim 3 further comprising: receiving a defined boundary of a virtual reality surrounding in said virtual environment. (Hamilton II, “[0028] FIG. 2 shows a more detailed view of a virtual region shown 18 in the virtual universe 12 of FIG. 1 with avatars concentrated in various locations of the virtual region. As an example, the virtual region 18 shown in FIG. 2 comprises a downtown office center 26, restaurants 28 commercial zones 32 and boutiques 34 for shopping and a convention center 36 for meetings and various conventions. Also located in the virtual region 18 and/or within the various sub-elements (e.g., downtown office center 26, restaurants 28 commercial zones 32 and boutiques 34, convention center 36, etc.) may be an information location 40. These examples of items in the virtual region 18 shown in FIG. 2 are only illustrative of some things that may be found in a virtual region 18 and those skilled in the art will recognize that these regions can have many more items that can be found in a real-life universe as well as things that do not presently exist in real life.”) Regarding claim 5, Hamilton II teaches The computer-implemented method as recited in claim 4 further comprising: generating movements of said avatar of said first participant based on said received movements of said second participant in response to said movements of said avatar of said first participant (Hamilton II, “[0031] FIG. 4 shows a more detailed view of the virtual universe client 24A, 24B, 24C, 24D shown in FIG. 1. The virtual universe client 24, which enables users to interact with the virtual universe 12, comprises a client management component 40, which manages actions, movements and communications made by a user through computer 20, and information received from the virtual universe through the server array 14. A rendering engine component 42 enables the user of the computer 20 (e.g., 20A, 20B, 20C, 20D at FIG. 1) to visualize his or her avatar within the surroundings of the particular region of the virtual universe 12 that it is presently located. A motion controls component 44 enables the user to make movements through the virtual universe. In one embodiment, movements through the virtual universe can include for example, gestures, postures, walking, running, driving, flying, etc.”) not exceeding said defined boundary of said virtual reality surrounding in said virtual environment (Hamilton, “[0034] FIG. 5 shows a more detailed view of some of the functionalities provided by the server array 14 shown in FIG. 1. In particular, FIG. 5 shows a virtual region management component 50 that manages a virtual region within the virtual universe. In particular, the virtual region management component 50 manages what happens in a particular region such as the type of landscape in that region, the amount of homes, commercial zones, boutiques, bridges, highways, streets, parks, restaurants, etc. A virtual region database 52 stores information on all of the items in the virtual region 18 that the virtual region management component 50 is managing. In one embodiment, for very large virtual universes, one server 16 may be responsible for managing one particular virtual region 18 within the universe. In other embodiments, it is possible that one server 16 may be responsible for handling one particular island within the virtual region 18.”) Regarding claim 6, Hamilton II teaches The computer-implemented method as recited in claim 5 further comprising: generating haptic feedback and/or visual feedback (Hamilton II, “[0047] In an embodiment the avatar control tool 54 may include, a service support center that allows a surrogate control specialist to take over control aspects of many avatars. For example, as shown in FIG. 7, a single specialist may view the avatar's status, handle their chats, and/or the like. This control may be done by an automated machine (e.g., artificial intelligence devie) or it may be done by a skilled person such as a person in an avatar-control service who uses a multiple-window GUI to control several avatars. As depicted in FIG. 7, a single user ("secondary entity") is controlling aspects of a five (5) separate avatars. The secondary entity can control the first avatar ("1") and the ability to chat. Similarly, the secondary entity can control the second avatar ("2") and the ability to control gestures and listening. The secondary entity can control the third avatar ("3") and is only allowed the ability to reveal that the secondary entity (agent) is running to person X. The secondary entity can control the fourth avatar ("4") and is not allowed to reveal that the agent is running to person Y. Finally, the secondary entity may have full control of all aspects of the fifth avatar ("5"). It should be apparent, that a near infinite variety of control permutations and quantity of avatars under control by the secondary entity are available under aspects of the present invention.”) However, Hamilton II is silent about on a device worn by said first participant and/or said second participant corresponding to said movements of said avatar of said first participant. Spivack teaches on a device worn by said first participant and/or said second participant corresponding to said movements of said avatar of said first participant. (Spivack, “[0059] In one embodiment, a user drafts, writes or composes a message having augmented reality (“AR”) content. The AR content can include one or more virtual objects. A virtual object can include a 2D or 3D graphical rendering, which can include one or more of: text, images, audio, video, or computer graphics animation. The virtual object can appear and be accessed (preview, view, shared, edited, modified), acted on and/or interacted with via an imaging device such as a smartphone camera, wearable device such as an augmented reality (AR) or virtual reality (VR) headset, gaming consoles, any wearable technology, AR glasses, wearable smart watch, wearable computer, heads up display, advanced textiles, smart garments, smart shoes, smart helmets, activity trackers, in car display or in car navigation panel or unit, etc.)”) Therefore, it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hamilton II’s art by including about on a device worn by said first participant and/or said second participant corresponding to said movements of said avatar of said first participant as taught by Spivack and use that with Hamilton II’s Surrogate avatar Control in a Virtual Universe. Regarding claim 7, Hamilton II teaches The computer-implemented method as recited in claim 4 further comprising: relinquishing control of said one or more limbs or said entirety of said avatar of said first participant by said second participant in response to said received movements of said second participant resulting in movements of said avatar of said first participant exceeding said defined boundary of said virtual reality surrounding in said virtual environment. (Hamilton II, “[0057] At S11 the system receives a log off of the transferee's control of the avatar. For example, evidence of the log off may be a virtual universe 12 client exit, an affirmative request to no longer exhibit control of the avatar, a log in of the avatar's owning user (e.g., transferor). Upon the receipt of the log off, the previous steps may be reversed, thereby fully returning control of the avatar from the transferee back to the transferor. In any event, the method provides for the surrogate control of at least one avatar in the virtual universe 12.”) Regarding claim 8, Hamilton II teaches The computer-implemented method as recited in claim 1 further comprising: relinquishing control of said one or more limbs or said entirety of said avatar of said first participant by said second participant in response to completion of said activity or said step of said activity performed by said avatar of said first participant in said virtual environment. (Hamilton II, “[0057] At S11 the system receives a log off of the transferee's control of the avatar. For example, evidence of the log off may be a virtual universe 12 client exit, an affirmative request to no longer exhibit control of the avatar, a log in of the avatar's owning user (e.g., transferor). Upon the receipt of the log off, the previous steps may be reversed, thereby fully returning control of the avatar from the transferee back to the transferor. In any event, the method provides for the surrogate control of at least one avatar in the virtual universe 12.”) Regarding claim 10, Hamilton II teaches to control said one or more limbs or said entirety of said avatar of said first participant. (Hamilton II, “[0044] A surrogate avatar controller 82 is configured to supply tokens, wherein the token comprises a permission for a second entity to control at least one aspect of the avatar. The aspects comprise, for example, the avatar's gestures, recording, utterances, ability to move, teleport, remove items, purchase items, and/or the like. The token(s) may be supplied and/or received from a primary user via the primary entity control component 80 and/or supplied and/or received from a secondary entity via the secondary entity control component 86.”) However, Hamilton II is silent about The computer program product as recited in claim 9, wherein the program code further comprises the programming instructions for: accessing one or more sensors configured to monitor movements of said second participant Spivack teaches The computer program product as recited in claim 9, wherein the program code further comprises the programming instructions for: accessing one or more sensors configured to monitor movements of said second participant (Spivack, “[0384] In process 1046, it is detected that the given user physically moves about in the real world environment. In process 1048, it is changed, where the object is depicted and where the augmented reality features are rendered in the real world environment. / [0292] One embodiment of the client device 402 further includes a processing unit 434. The location sensor 440, accelerometer/motion sensor 442, and timer 444 have been described with reference to the example of FIG. 4A.”) Therefore, it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hamilton II’s art by including The computer program product as recited in claim 9, wherein the program code further comprises the programming instructions for: accessing one or more sensors configured to monitor movements of said second participant as taught by Spivack and use that with Hamilton II’s Surrogate avatar Control in a Virtual Universe. Regarding claim 11, Hamilton II teaches reflected in movements of said avatar of said first participant. (Hamilton II, “[0384] In process 1046, it is detected that the given user physically moves about in the real world environment. In process 1048, it is changed, where the object is depicted and where the augmented reality features are rendered in the real world environment. / [0292] One embodiment of the client device 402 further includes a processing unit 434. The location sensor 440, accelerometer/motion sensor 442, and timer 444 have been described with reference to the example of FIG. 4A.”) However, Hamilton II is silent about The computer program product as recited in claim 10, wherein the program code further comprises the programming instructions for: receiving movements of said second participant from said one or more sensors to be Spivack teaches The computer program product as recited in claim 10, wherein the program code further comprises the programming instructions for: receiving movements of said second participant from said one or more sensors to be (Spivack, “[0384] In process 1046, it is detected that the given user physically moves about in the real world environment. In process 1048, it is changed, where the object is depicted and where the augmented reality features are rendered in the real world environment. / [0292] One embodiment of the client device 402 further includes a processing unit 434. The location sensor 440, accelerometer/motion sensor 442, and timer 444 have been described with reference to the example of FIG. 4A.”) Therefore, it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hamilton II’s art by including The computer program product as recited in claim 10, wherein the program code further comprises the programming instructions for: receiving movements of said second participant from said one or more sensors to be as taught by Spivack and use that with Hamilton II’s Surrogate avatar Control in a Virtual Universe. Regarding claim 12, Hamilton II teaches The computer program product as recited in claim 11, wherein the program code further comprises the programming instructions for: receiving a defined boundary of a virtual reality surrounding in said virtual environment. (Hamilton II, “[0028] FIG. 2 shows a more detailed view of a virtual region shown 18 in the virtual universe 12 of FIG. 1 with avatars concentrated in various locations of the virtual region. As an example, the virtual region 18 shown in FIG. 2 comprises a downtown office center 26, restaurants 28 commercial zones 32 and boutiques 34 for shopping and a convention center 36 for meetings and various conventions. Also located in the virtual region 18 and/or within the various sub-elements (e.g., downtown office center 26, restaurants 28 commercial zones 32 and boutiques 34, convention center 36, etc.) may be an information location 40. These examples of items in the virtual region 18 shown in FIG. 2 are only illustrative of some things that may be found in a virtual region 18 and those skilled in the art will recognize that these regions can have many more items that can be found in a real-life universe as well as things that do not presently exist in real life.”) Regarding claim 13, Hamilton II teaches The computer program product as recited in claim 12, wherein the program code further comprises the programming instructions for: generating movements of said avatar of said first participant based on said received movements of said second participant in response to said movements of said avatar of said first participant (Hamilton II, “[0031] FIG. 4 shows a more detailed view of the virtual universe client 24A, 24B, 24C, 24D shown in FIG. 1. The virtual universe client 24, which enables users to interact with the virtual universe 12, comprises a client management component 40, which manages actions, movements and communications made by a user through computer 20, and information received from the virtual universe through the server array 14. A rendering engine component 42 enables the user of the computer 20 (e.g., 20A, 20B, 20C, 20D at FIG. 1) to visualize his or her avatar within the surroundings of the particular region of the virtual universe 12 that it is presently located. A motion controls component 44 enables the user to make movements through the virtual universe. In one embodiment, movements through the virtual universe can include for example, gestures, postures, walking, running, driving, flying, etc.”) not exceeding said defined boundary of said virtual reality surrounding in said virtual environment (Hamilton, “[0034] FIG. 5 shows a more detailed view of some of the functionalities provided by the server array 14 shown in FIG. 1. In particular, FIG. 5 shows a virtual region management component 50 that manages a virtual region within the virtual universe. In particular, the virtual region management component 50 manages what happens in a particular region such as the type of landscape in that region, the amount of homes, commercial zones, boutiques, bridges, highways, streets, parks, restaurants, etc. A virtual region database 52 stores information on all of the items in the virtual region 18 that the virtual region management component 50 is managing. In one embodiment, for very large virtual universes, one server 16 may be responsible for managing one particular virtual region 18 within the universe. In other embodiments, it is possible that one server 16 may be responsible for handling one particular island within the virtual region 18.”) Regarding claim 14, Hamilton II teaches The computer program product as recited in claim 13, wherein the program code further comprises the programming instructions for: generating haptic feedback and/or visual feedback (Hamilton II, “[0047] In an embodiment the avatar control tool 54 may include, a service support center that allows a surrogate control specialist to take over control aspects of many avatars. For example, as shown in FIG. 7, a single specialist may view the avatar's status, handle their chats, and/or the like. This control may be done by an automated machine (e.g., artificial intelligence devie) or it may be done by a skilled person such as a person in an avatar-control service who uses a multiple-window GUI to control several avatars. As depicted in FIG. 7, a single user ("secondary entity") is controlling aspects of a five (5) separate avatars. The secondary entity can control the first avatar ("1") and the ability to chat. Similarly, the secondary entity can control the second avatar ("2") and the ability to control gestures and listening. The secondary entity can control the third avatar ("3") and is only allowed the ability to reveal that the secondary entity (agent) is running to person X. The secondary entity can control the fourth avatar ("4") and is not allowed to reveal that the agent is running to person Y. Finally, the secondary entity may have full control of all aspects of the fifth avatar ("5"). It should be apparent, that a near infinite variety of control permutations and quantity of avatars under control by the secondary entity are available under aspects of the present invention.”) However, Hamilton II is silent about on a device worn by said first participant and/or said second participant corresponding to said movements of said avatar of said first participant. Spivack teaches on a device worn by said first participant and/or said second participant corresponding to said movements of said avatar of said first participant. (Spivack, “[0059] In one embodiment, a user drafts, writes or composes a message having augmented reality (“AR”) content. The AR content can include one or more virtual objects. A virtual object can include a 2D or 3D graphical rendering, which can include one or more of: text, images, audio, video, or computer graphics animation. The virtual object can appear and be accessed (preview, view, shared, edited, modified), acted on and/or interacted with via an imaging device such as a smartphone camera, wearable device such as an augmented reality (AR) or virtual reality (VR) headset, gaming consoles, any wearable technology, AR glasses, wearable smart watch, wearable computer, heads up display, advanced textiles, smart garments, smart shoes, smart helmets, activity trackers, in car display or in car navigation panel or unit, etc.)”) Therefore, it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hamilton II’s art by including about on a device worn by said first participant and/or said second participant corresponding to said movements of said avatar of said first participant as taught by Spivack and use that with Hamilton II’s Surrogate avatar Control in a Virtual Universe. Regarding claim 15, Hamilton II teaches The computer program product as recited in claim 12, wherein the program code further comprises the programming instructions for: relinquishing control of said one or more limbs or said entirety of said avatar of said first participant by said second participant in response to said received movements of said second participant resulting in movements of said avatar of said first participant exceeding said defined boundary of said virtual reality surrounding in said virtual environment. (Hamilton II, “[0057] At S11 the system receives a log off of the transferee's control of the avatar. For example, evidence of the log off may be a virtual universe 12 client exit, an affirmative request to no longer exhibit control of the avatar, a log in of the avatar's owning user (e.g., transferor). Upon the receipt of the log off, the previous steps may be reversed, thereby fully returning control of the avatar from the transferee back to the transferor. In any event, the method provides for the surrogate control of at least one avatar in the virtual universe 12.”) Regarding claim 16, Hamilton II teaches The computer program product as recited in claim 9, wherein the program code further comprises the programming instructions for: relinquishing control of said one or more limbs or said entirety of said avatar of said first participant by said second participant in response to completion of said activity or said step of said activity performed by said avatar of said first participant in said virtual environment. (Hamilton II, “[0057] At S11 the system receives a log off of the transferee's control of the avatar. For example, evidence of the log off may be a virtual universe 12 client exit, an affirmative request to no longer exhibit control of the avatar, a log in of the avatar's owning user (e.g., transferor). Upon the receipt of the log off, the previous steps may be reversed, thereby fully returning control of the avatar from the transferee back to the transferor. In any event, the method provides for the surrogate control of at least one avatar in the virtual universe 12.”) Regarding claim 18, Hamilton II teaches to control said one or more limbs or said entirety of said avatar of said first participant. (Hamilton II, “[0044] A surrogate avatar controller 82 is configured to supply tokens, wherein the token comprises a permission for a second entity to control at least one aspect of the avatar. The aspects comprise, for example, the avatar's gestures, recording, utterances, ability to move, teleport, remove items, purchase items, and/or the like. The token(s) may be supplied and/or received from a primary user via the primary entity control component 80 and/or supplied and/or received from a secondary entity via the secondary entity control component 86.”) However, Hamilton II is silent about The system as recited in claim 17, wherein the program instructions of the computer program further comprise: accessing one or more sensors configured to monitor movements of said second participant Spivack teaches The system as recited in claim 17, wherein the program instructions of the computer program further comprise: accessing one or more sensors configured to monitor movements of said second participant (Spivack, “[0384] In process 1046, it is detected that the given user physically moves about in the real world environment. In process 1048, it is changed, where the object is depicted and where the augmented reality features are rendered in the real world environment. / [0292] One embodiment of the client device 402 further includes a processing unit 434. The location sensor 440, accelerometer/motion sensor 442, and timer 444 have been described with reference to the example of FIG. 4A.”) Therefore, it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hamilton II’s art by including The system as recited in claim 17, wherein the program instructions of the computer program further comprise: accessing one or more sensors configured to monitor movements of said second participant as taught by Spivack and use that with Hamilton II’s Surrogate avatar Control in a Virtual Universe. Regarding claim 19, Hamilton II teaches reflected in movements of said avatar of said first participant. (Hamilton II, “[0384] In process 1046, it is detected that the given user physically moves about in the real world environment. In process 1048, it is changed, where the object is depicted and where the augmented reality features are rendered in the real world environment. / [0292] One embodiment of the client device 402 further includes a processing unit 434. The location sensor 440, accelerometer/motion sensor 442, and timer 444 have been described with reference to the example of FIG. 4A.”) However, Hamilton II is silent about The system as recited in claim 18, wherein the program instructions of the computer program further comprise: receiving movements of said second participant from said one or more sensors to be Spivack teaches The system as recited in claim 18, wherein the program instructions of the computer program further comprise: receiving movements of said second participant from said one or more sensors to be (Spivack, “[0384] In process 1046, it is detected that the given user physically moves about in the real world environment. In process 1048, it is changed, where the object is depicted and where the augmented reality features are rendered in the real world environment. / [0292] One embodiment of the client device 402 further includes a processing unit 434. The location sensor 440, accelerometer/motion sensor 442, and timer 444 have been described with reference to the example of FIG. 4A.”) Therefore, it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Hamilton II’s art by including The system as recited in claim 18, wherein the program instructions of the computer program further comprise: receiving movements of said second participant from said one or more sensors to be as taught by Spivack and use that with Hamilton II’s Surrogate avatar Control in a Virtual Universe. Regarding claim 20, Hamilton II teaches The system as recited in claim 19, wherein the program instructions of the computer program further comprise: receiving a defined boundary of a virtual reality surrounding in said virtual environment. (Hamilton II, “[0028] FIG. 2 shows a more detailed view of a virtual region shown 18 in the virtual universe 12 of FIG. 1 with avatars concentrated in various locations of the virtual region. As an example, the virtual region 18 shown in FIG. 2 comprises a downtown office center 26, restaurants 28 commercial zones 32 and boutiques 34 for shopping and a convention center 36 for meetings and various conventions. Also located in the virtual region 18 and/or within the various sub-elements (e.g., downtown office center 26, restaurants 28 commercial zones 32 and boutiques 34, convention center 36, etc.) may be an information location 40. These examples of items in the virtual region 18 shown in FIG. 2 are only illustrative of some things that may be found in a virtual region 18 and those skilled in the art will recognize that these regions can have many more items that can be found in a real-life universe as well as things that do not presently exist in real life.”) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAK FUNG A LAM whose telephone number is (571)272-9823. The examiner can normally be reached Monday-Friday 8am-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, Said Broome can be reached at 5712722931. 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 andhttps://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. /C.A.L./Examiner, Art Unit 2612 /Said Broome/Supervisory Patent Examiner, Art Unit 2612
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Prosecution Timeline

Aug 18, 2023
Application Filed
Dec 19, 2023
Response after Non-Final Action
Sep 21, 2026
Non-Final Rejection mailed — §101, §102, §103 (current)

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1-2
Expected OA Rounds
Grant Probability
Low
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