DETAILED ACTION
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 . This Office Action is in response to Applicant’s reply filed 1/16/26. Claims 1, 3-7, 9, and 11-15 are amended, claims 2 and 10 are canceled. Claims 1, 3-9, and 11-15 are pending.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3, 4, 6-9, 11, 12, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over International Publication No. WO 2022/052084 A1 to Zhou et al. (hereinafter “Zhou”) in view of US Publication No. 2021/0076002 A1 to Peters et al. (hereinafter “Peters”).
Concerning claim 1, Zhou discloses a method for managing a virtual classroom, the method being implemented using a system that includes a server, a lecturer device that is associated with a lecturer and that is in communication with the server, and a plurality of student devices that are each associated with a student and that is in communication with the server (paragraphs [0001], [0049], [0065]), the method comprising:
recording, by the lecturer device, a first audio/video (A/V) data stream associated with the lecturer, and transmitting via a lecturer device communication unit the first A/V data stream to a server communication unit of the server, wherein the recording the first A/V data stream includes a lecturer device processor of the lecturer device receiving lecturer images and lecturer audio data recorded by a lecturer input detecting unit and generating the first A/V data stream that includes the lecturer images and the lecturer audio data (paragraphs [0074], [0085]);
in response to receipt of the first A/V data stream from the lecturer device, transmitting, by the server communication unit, the first A/V data stream to a student device communication unit of each of the plurality of student devices device (paragraph [0085]);
in response to receipt of the first A/V data stream from the server, presenting, by each of the plurality of student devices device, the first A/V data stream to the students student, wherein the presenting includes each of the plurality of student devices displaying, via a student device display, the lecturer images included in the first A/V data stream and playing, via a student device speaker, the lecturer audio data included in the first A/V data stream (paragraph [0091]);
recording, by the student device, a second A/V data stream associated with the student, and transmitting the second A/V data stream to the server (paragraph [0093]);
in response to receipt of the second A/V data stream, performing, by the server based on the second A/V data stream, a calculation of an attentiveness score associated with attention of the student responding to the first A/V data stream (paragraph [0150]); and
transmitting the attentiveness score to the lecturer device (paragraph [0177]).
Zhou lacks specifically disclosing, however, Peters discloses recording, by each of the plurality of student devices device, a plurality of second A/V data streams stream associated with each of the students student, and the student device communication units transmitting the plurality of second A/V data streams stream to the server, wherein the recording the plurality of second A/V data streams includes a student device processor of each of the plurality of student devices receiving unique student images and unique student audio data recorded by a corresponding student input detecting unit and generating an associated second AV data stream of the plurality of second A/V data streams that includes the corresponding unique student images and the corresponding unique student audio data; in response to receipt of the plurality of second A/V data streams stream, performing, by the server based on the plurality of second A/V data streams stream, a calculation of a plurality of attentiveness scores score associated with attention of each of the students student responding to the first A/V data stream; and transmitting the plurality of attentiveness scores score to the lecturer devices; the server receiving an interaction command from the lecturer device issued based on one of the plurality of attentiveness scores associated with an associated student device of the plurality of student devices; and in response to receipt of the interaction command, creating, by a server processor of the server, a direct communication interface between the lecturer device and an associated student device corresponding to an attentiveness score of the plurality of attentiveness scores that issuance of the interaction command is based, wherein the direct communication interface enables direct communication, via text or voice talk, between the lecturer device and the associated student device that is separate from the first A/V data stream and the plurality of second A/V data streams (Fig. 1, paragraphs [0005], [0006], [0067]-[0075]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the use of individual data streams disclosed by Peters in the system of Zhou in order to make the system more efficient.
Concerning claims 3 and 11, Zhou discloses wherein the method further includes: while the direct communication interface is held, performing an emotional analysis on audio data included in the data stream to determine an emotional state of an associated student using the associated student device (paragraphs [0074], [0095], [0150]). Zhou lacks specifically disclosing, however, Peters discloses an associated second A/V data stream of the plurality of second A/V data steams (Fig. 1, paragraphs [0005], [0006], [0067]-[0075]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the use of individual data streams disclosed by Peters in the system of Zhou in order to make the system more efficient.
Concerning claims 4 and 12, Zhou lacks specifically disclosing, however, Peters discloses wherein the method further includes generating a first three-dimensional (3D) avatar based on the lecturer and a second 3D avatar based on an associated student using the associated student device on the direct communication interface (Fig. 1, paragraphs [0005], [0006], [0067]-[0075], [0176]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the use of an avatar as disclosed by Peters in the system of Zhou in order to make the system more entertaining for the user.
Concerning claims 6 and 14, Zhou discloses wherein the step of calculating the plurality of attentiveness scores is performed periodically (paragraph [0177]).
Concerning claims 7 and 15, Zhou discloses wherein the method further includes, when it is determined that more than a specific percentage of attentiveness scores are lower than a threshold, transmitting an alert to the lecturer device (Fig. 8, paragraphs [0173]-[0178]).
Concerning claim 8, Zhou discloses wherein: the step of calculating the plurality of attentiveness scores associated with attention of the students is performed periodically; and the method further includes, when it is determined that more than a specific percentage of attentiveness scores during a period are lower than a threshold, transmitting an alert to the lecturer device (paragraphs [0187]-[0197]).
Concerning claim 9, see the rejection of claim 1.
Claim(s) 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou, Peters, and further in view of Applicant’s provided prior art translation to CN 114492532A (hereinafter “Refiner University”).
Concerning claims 5 and 13, Zhou lacks specifically disclosing, however, Refiner University discloses wherein each of the plurality of second A/V data streams includes a plurality of corresponding unique images of the student using the associated student device, and the associated attentiveness score is calculated based on the corresponding unique images included in the plurality of images, using the Bimodal Emotion Classification (Abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the use of the calculations as disclosed by Refiner University in the system of Zhou in order to make the system more accurate for the user.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-9, and 11-15 have been considered but are moot based on the new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed in the PTO-892.
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 MALINA D BLAISE whose telephone number is (571)270-3398. The examiner can normally be reached Mon. - Thurs. 7:00 am - 5:00 pm (PT).
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MALINA D. BLAISE
Primary Examiner
Art Unit 3715
/MALINA D. BLAISE/Primary Examiner, Art Unit 3715