DETAILED ACTION
This Action is in response to Applicant’s amendment filed on 02/04/26.
Claims 1, 5 and 6 have been amended.
Claims 1-8 are pending.
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 .
Response to Arguments
The objection to the specification has been withdrawn in view of the applicant’s amendment.
Argument A) – The applicant argues, in regards to the 102 rejection of claims 1, 5 and 6, that Akram does not disclose “transmitting the image or audio of a room or a supporter selected from the room stored in the room memory…”. In particular, the applicant states that while Akram discloses the selection of an avatar, Akram fails to disclose a room memory (see applicant’s remarks; page 9).
Response to argument A) – The examiner respectfully disagrees. Akram discloses a virtual shared environment using a stored theme that allows for interaction between users.
In particular, Akram discloses allowing users to view common video content while interacting in a shared, virtual world environment. The content can be a sports match, concert, movie, serial television program or other event. In the shared environment, the users interact by controlling respective avatars and have the ability to move around and explore the shared environment (emphasis added) (see Akram; paragraph 0050). The title or other identifier of the video content is retrieved from the video content and cross-referenced in a database to a corresponding appropriate shared environment (emphasis added). The shared environment could be set based on the channel of the video content. For example, for a channel which shows sports, the shared environment can have a corresponding sports theme, e.g. the avatars can sit in stadium seats or on the sidelines of a game field (emphasis added) (see Akram; paragraph 0123). In other words, a shared environment in a database is used in placing the avatars for user interaction.
Therefore, Akram does in fact disclose the limitation “transmitting the image or audio of a room or a supporter selected from the room stored in the room memory…” by users’ avatar information, i.e. “image or audio of…a supporter”, in the shared environment, i.e. “the room”, being shown, i.e. “transmitting…”, in which the shared environment is in a database, i.e. “stored in the room memory”. As such, the rejection has been maintained.
Argument B) - The applicant argues, in regards to the 102 rejection of claims 1, 5 and 6, that Akram does not disclose the amended limitation “an external cheering receiving system that provides the transmitted image or audio of the room or the supporter selected from the room to viewers through one or more of: output devices at the event site for the event, TV broadcasts, and online distribution” (see applicant’s remarks; page 9).
Response to argument B) – The examiner respectfully disagrees. The examiner notes that the claim recites “one or more of” and as such, only one feature is required. Akram discloses providing the avatar of the user using a network with Internet connectivity.
In particular, Akram discloses avatars are personal representations of users (see Akram; paragraph 0053). A server being used is a streaming server connected to client electronic media devices having Internet connectivity via at least one network (see Akram; paragraphs 0055 and 0056). The avatar is displayed in the shared environment (see Akram; paragraph 0079). The avatar data could also be stored at the server and provided to the electronic media devices (emphasis added) (see Akram; paragraph 0092). The avatar can perform actions, such as cheering or clapping, accompanied by audio (emphasis added) (see Akram; paragraph 0108). In other words, the server provides the avatar data, via Internet connection over a network, to the electronic media devices.
Therefore, Akram does in fact disclose the limitation “an external cheering receiving system that provides the transmitted image or audio of the room or the supporter selected from the room to viewers through one or more of: output devices at the event site for the event, TV broadcasts, and online distribution” by the server, i.e. “external cheering receiving system”, providing the avatar data including actions and audio, i.e. “transmitted image or audio”, through an Internet connection over a network, i.e. “online distribution”. As such, the rejection has been maintained.
The applicant states the same arguments for claims 2-4, 7 and 8 as that of independent claim 1 as discussed above (see applicant’s remarks; page 9). Therefore the same rationale discussed above regarding claim 1 applies equally as well to claims 2-4, 7 and 8. As such, the rejection has been maintained.
Claim Interpretation
Regarding claims 1-8, the claims recite alternative language, i.e. using the term “or”, and as such, the Examiner interprets certain features to not be required due to the claim language listing the features in the alternative. The rejection below specifies the particular limitations.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akram et al. (U.S. 2011/0246908 A1).
Regarding claim 1, Akram discloses a method of providing cheering associated with an event using a system comprising a room memory that stores supporters belonging to a room (see Akram; paragraphs 0005, 0050 and 0058; Akram discloses members/users, i.e. “supporters”, being represented as avatars, which can perform clapping or cheering, i.e. “providing cheering”, for video content which can be a sports match, concert, movie, serial television program or other event, i.e. “associated with an event”, in a shared environment for the members/users of a voice and video chat channel, i.e. “a room”, A server having a memory, i.e. “a room memory”, to perform the method for providing the interactive and shared viewing experience between the members/users, which includes the voice and video channel, i.e. “stores supporters belonging to a room”), the method comprising:
sharing an image or audio of the supporters among the supporters belonging to the same room stored in the room memory on each of supporters’ devices (see Akram; paragraphs 0050, 0053, 0091, 0108, 0123 and 0124; Akram discloses enabling the voice and video chat channel including visual representations, such as avatars, i.e. “an image”, for members/users of the shared environment, i.e. “supporters belonging to the same room”, including the voice and video chat channel. The avatars may perform applauding and cheering and include audio effects of the clapping or cheering, i.e. “sharing an image or audio of the supporters”, that is displayed on the electronic media devices, i.e. “on each of the supporters’ devices” in the shared environment, i.e. “room”. The shared environment is stored in a database, i.e. “room stored in the room memory”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives);
transmitting the image or audio of a room or a supporter selected from the room stored in the room memory to an external cheering receiving system that provides the transmitted image or audio of the room or the supporter selected from the room to viewers through one or more of: output devices at the event site for the event, TV broadcasts, and online distribution (Akram; paragraphs 0055, 0056, 0079, 0091, 0092, 0108, 0123 and 0124; Akram discloses the server i.e. “external cheering receiving system”, being used is a streaming server connected to client electronic media devices having Internet connectivity via at least one network. A friend’s electronic media device sending avatar data, which includes the actions and audio effects, i.e. “the image or audio”, such as cheering, to a user’s media device, via the server, displayed in the shared environment, i.e. “room”. The avatar data is stored at the server and provided to the electronic media devices. The shared environment is stored in a database, i.e. “room stored in the room memory”. In other words, the friend’s electronic media device sends the avatar and audio effects, i.e. “the image or audio”, to a server, then the server provides the avatar data, via Internet connection over a network to the electronic media devices, i.e. “providing the transmitted image or audio…to viewers through…online distribution”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives, as well as, the “online distribution” alternative); and
transmitting the image or audio of the room or the supporter selected from the room stored in the room memory to an external cheering relay system (see Akram; paragraphs 0077, 0078, 0091, 0092, 0123 and 0124; Akram discloses a remote computer, e.g. the electronic media device, when using a WAN environment establishes communications with an external modem, i.e. “external cheering relay system”. A friend’s electronic media device sends the avatar data, including audio effects, i.e. “the image or audio”, to a user’s media device for the shared environment, i.e. “room”. The avatar data is stored at the server and provided to the electronic media devices. The shared environment is stored in a database, i.e. “room stored in the room memory”. In other words, when using a WAN the friend’s electronic media device sends the avatar and audio effects, including cheering, to a server which stores the avatar data, via the modem, i.e. “cheering relay system”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives).
Regarding claim 2, Akram discloses all the limitations of claim 1, as discussed above and further, Akram clearly discloses a method of providing cheering, comprising:
receiving by a cheering receiving system, a first image or audio transmitted from a first cheering service system that implements the method of providing cheering according to claim 1 (see Akram; paragraphs 0091 and 0124; Akram discloses a friend's electronic media device sends avatar data, including audio effects such as cheering, i.e. “first image or audio”, to the user's electronic media device via the server. Therefore, the server, i.e. “cheering receiving system”, receives the avatar data) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives);
receiving by the cheering receiving system via a cheering relay system, a second image or audio transmitted from a second cheering service system that implements the method of providing cheering according to claim 1 (Akram; paragraphs 0077, 0078, 0091 and 0124; Akram discloses the remote computer, e.g. the electronic media device, when using a WAN environment establishes communications with an external modem, i.e. “external cheering relay system”. A friend’s electronic media device sends the avatar data, including audio effects such as cheering, i.e. “first image or audio”, to a user’s electronic media device via the server. In other words, when using a WAN the friend’s electronic media device sends the avatar and audio effects, including cheering, to a server via the modem, i.e. “cheering relay system”. Therefore, the server, i.e. “cheering receiving system”, receives the avatar data. Further, the server checks avatar data of the user and friend to determine if the avatar data has changed. If the avatar data has changed for the user, the changed avatar data will be sent from the user’s electronic media device to the friend, or vice versa, i.e. “receiving…second image or audio transmitted from a second cheering service system”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives); and
generating and outputting to viewers an image that is a mix of the first image or audio and the second image or audio (see Akram; paragraphs 0079, 0091, 0124, 0135 and Figure 17e; Akram discloses a shared environment is implemented including displaying the avatar data, which includes the audio effects, of the user, i.e. “first image or audio”, as well as, any updates to the avatar data, i.e. “second image or audio”. The different users are able to see the avatar data of the other. Therefore, the shared environment displays the avatar data of both users, i.e. “…outputting to viewers an image that is a mix of the first image or audio and the second image or audio”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives).
Regarding claim 3, Akram discloses all the limitations of claim 2, as discussed above and further, Akram clearly discloses the cheering relay system receives the image or audio from the cheering service systems, and transmits an image or audio that is selected based on a request from a cheering receiving system to the cheering receiving system from which the request is made (see Akram; paragraphs 0077, 0078, 0091 and 0124; Akram discloses a remote computer, e.g. the electronic media device, when using a WAN environment establishes communications with an external modem, i.e. “external cheering relay system”. A friend’s electronic media device sends the avatar data, including audio effects, i.e. “the image or audio from the cheering service systems”, to a user’s media device via the modem and server. Further, the avatar may be tailored for a particular shared environment, i.e. “based on a request from a cheering receiving system…”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives).
Regarding claim 4, Akram discloses all the limitations of claim 1, as discussed above, and further Akram clearly discloses the method of providing cheering according to claim 1, wherein the image or audio is an image or audio of an avatar (see Akram; paragraphs 0124; Akram discloses audio effects such as clapping or cheering for the avatar, i.e. “an image or audio of an avatar”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives).
Regarding claims 5 and 6, the limitations are substantially similar to the limitations recited in claim 1, only distinguishable by their statutory category (e.g. non-transitory CRSM and system). Therefore, the same rationale used to reject claim 1 applies equally as well to claims 5 and 6. Further, Akram discloses a non-transitory computer-readable storage medium storing a program (see Akram; paragraph 0058; Akram discloses tangible computer readable storage having computer readable software embodied thereon).
Regarding claim 7, Akram discloses all the limitations of claim 2, as discussed above, and further Akram clearly discloses wherein the image or audio is an image or audio of an avatar (see Akram; paragraphs 0124; Akram discloses audio effects such as clapping or cheering for the avatar, i.e. “an image or audio of an avatar”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives).
Regarding claim 8, Akram discloses all the limitations of claim 3, as discussed above, and further Akram clearly discloses wherein the image or audio is an image or audio of an avatar (see Akram; paragraphs 0124; Akram discloses audio effects such as clapping or cheering for the avatar, i.e. “an image or audio of an avatar”) (The claim list features in the alternative. While the claim lists a number of optional features only one feature from the list is required and needs to be met by the prior art. The Examiner has chosen both the “image” and “audio” alternatives).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Leibovich et al. (U.S. 2016/0142677 A1) discloses providing interactive connectivity between a plurality of users relating to an event, such as, a sporting event.
Malecki (U.S. 2022/0053218 A1) discloses enabling people to virtually attend live events.
Yerli (U.S. 2020/0404219 A1) discloses a score board may show animated icons of fan groups cheering or booing, depending on a majority or average value derived from feedback of remote viewers associated with one of the teams playing the match.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM A COONEY whose telephone number is (571)270-5653. The examiner can normally be reached M-F 7:30am-5:00pm (every other Fri off).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Umar Cheema can be reached at 571-270-3037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.A.C/ Examiner, Art Unit 2458 02/24/26
/UMAR CHEEMA/Supervisory Patent Examiner, Art Unit 2458