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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/17/2026 has been entered.
Response to Amendment
The action is in response to the amendment filed on March 17th, 2026. Claims 1, 5, 9, 10, 11, 21, and 23 have been amended, claims 7, 12, and 14 have been cancelled, while claims 25-29 have been added. The amended claims limitations have been fully considered but are not persuasive. Claims 1, 3, 5-6, 8-16, and 21-29 are rejected in the application.
Response to Arguments
In response to applicant’s arguments for claim 21, applicant’s arguments have been fully considered but are not persuasive. Cowburn explicitly discloses a scaling/sizing factor and sizing it to be larger or smaller than the surrounding environment is a routine style preference (Cowburn: Col. 3, Lines “The size of the speech bubble may thereby be based on the total number of characters in the text string.”) (clear disclosure of a sizing element or “scaling factor” for the speech bubble which is graphic content). The Examiner respectfully submits that this teaches the claims scaling factor. (Cowburn: Col. 15, Lines 29-31 “ the presentation module 602 generates a speech bubble that includes a presentation of the text string”)(teaches the limitation of generating a picture of an object mentioned in text).
In response to applicant’s arguments regarding amended independent claim 1, applicant’s arguments have been fully considered but are not persuasive. Rodriguez clearly discloses controlling a transparency value which is an obvious limitation to apply throughout the invention. Applicant further argues that Rodriguez’s masked region lies outside the to glow area, however, it is disclosed by the second reference (Rodriguez: Col. 9, Lines 20-24 “An alpha value reflects the transparency of the RGB aspects of the pixel when rendered to a scene.”)(discloses transparency control over the rendered object). Applicant argues that the discarding of low transparency pixels in Rodriguez is the opposite of the transparency factor in the claims. Rodriguez was used to demonstrate the limitation of utilizing the transparency factor. Manipulating the transparency factor to be a higher factor than portions of the environment surrounding it is an obvious limitation. Rodriguez’s reference Rejection for new limitations added into claim 1, which were previous limitations of the cancelled claim 4 are maintained. Thus, claim 1 remains rejected.
In response to applicant’s argument regarding Cowburn failing to disclose the musical library is not presented in a virtual environment. Arguments fully considered but is not persuasive. Cowburn explicitly teaches those limitations (Cowburn: Col. 16, Line 35-37 “the presentation module 602 accesses a speech bubble library that includes a set of speech bubble themes”)(teaches the PRESENTATION module selects from the library to present which similar to presenting the entire library).
In response to applicant’s arguments regarding Cowburn failing to disclose media overlays. Arguments fully considered but is not persuasive because Cowburn explicitly teaches those limitations (Cowburn: Col. 7, Lines 44-50 “A media overlay may include audio and visual content and visual effects. Examples of audio and visual content include pictures, texts, logos, animations, and sound effects. An example of a visual effect includes color overlaying. The audio and visual content or the visual effects can be applied to a media content item ( e.g., a photo) at the client device 102.”). Claims 1, 3, 5-6, 8-16, and 21-29 are rejected in the application.
Claim Objections
Claim 27 is objected to because of the following informalities: The limitations are unclear in what is claimed. Is the claim referring to the same avatar or different avatars where the timer prevents audio overlap. Examiner kindly requests clarification of the claim.
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.
Claims 1, 3, 5, 6, 8, 9, 11, 15, and 21-29 are rejected under 35 U.S.C. 103 as being unpatentable over Cowburn et al. (U.S. Patent No. 10,614,828), in view of Rodriguez et al. (U.S. Patent No. 7,414,625).
Regarding claim 1, Cowburn discloses a computer-implemented method (interpreted as a series of steps carried out by a software on computer hardware) for virtual environment enhancement, the computer-implemented method comprising: receiving a designation of a trigger indication; receiving sensory information from a sensor in a virtual environment; identifying a signal from one or more events in a virtual environment (Cowburn: Col. 13, Lines 54-56 “the detection module 604 detects sounds (e.g., via a microphone component of a mobile 55 computing device) that include speech.”)(detected speech is the claimed “signal” produced in response to a scene event) by comparing the sensory information to the trigger indication and finding a match(this limitation is inherent to the process, the reference/citation above applies); in response to the signal being identified, inputting at least a portion of the sensory information to at least one generative artificial intelligence model that in response produces media content (Cowburn: Col. 15, Lines 13-16 “The transcription module 608 may transcribe the speech into a text string, and translate the text string from the first language to the second language.”)(the translation is a generative AI process that outputs new textual media from the speech signal); that comprises volumetric graphic content that corresponds to the sensory information; and presenting the volumetric graphic content (Cowburn: Col. 20, Lines 23-30 “the libraries 1420 may include API libraries 1446 such as media libraries (e.g., libraries to 25 support presentation and manipulation of various media format such as MPREG4. H.264, MP3, AAC, AMR, JPG, PNG), graphics libraries (e.g., an OpenGL framework that may be used to render 2D and 3D in a graphic content on a display), database libraries (e.g., SQLite that may provide 30 various relational database functions),”) (discloses the ability to present 3D graphic content) within the virtual environment (interpreted as “presentation of a space”) such that the volumetric graphic content comprises one or more distinguishing sensory attributes (interpreted as any visual or audible properties like color shape or size) distinguishing the volumetric graphic content from remaining portions of the virtual environment (Cowburn: Col. 15, Lines 29-31 )(“ the presentation module 602 generates a speech bubble that includes a presentation of the text string”)(Cowburn: Col. 16, Lines 37-38 “The speech bubble themes indicate a design and form to be applied”)(Cowburn: Col. 16, Lines 54-62 “the presentation module 602 identifies the position to display the speech bubble based on the location of the source of the speech, as well as locations of significant elements in the presentation. For example, the presentation module 602 may identify a position in the presentation of the space that does not include any significant elements (e.g., faces).”)(speech bubble theme styling supplies the “distinguishing sensory attributes”. Bubble placement and display make the content visually separate from other scene elements), but fails to explicitly disclose and wherein the one or more distinguishing sensory attributes comprise a transparency factor of the volumetric graphic content that is higher than a transparency factor of portions of the virtual environment surrounding the volumetric graphic content.
However, Rodriguez discloses and wherein the one or more distinguishing sensory attributes comprise a transparency factor of the volumetric graphic content that is higher than a transparency factor of other portions of the virtual environment (Rodriguez: Col. 9, Lines 20-24 “An alpha value reflects the transparency of the RGB aspects of the pixel when rendered to a scene.”)(discloses transparency control over the rendered object).
Cowburn and Rodriguez are both considered to be analogous to the claimed invention because they are in the same field of computer graphics rendering for on-screen overlays. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Cowburn to incorporate Rodriguez teachings of transparency control over the rendered object. The motivation for such a combination would provide transparency as a distinguishing attribute of the object, thereby providing additional control over the appearance of objects.
Regarding claim 3, Cowburn and Rodriguez disclose the computer-implemented method of claim 1, wherein the one or more distinguishing sensory attributes further include at least one member selected from a group consisting of a scaling factor, a location factor, and a color factor (Cowburn: Col. 3, Lines “The size of the speech bubble may thereby be based on the total number of characters in the text string.”) (disclosure of the scaling factor) (Cowburn: Col 3, Lines 28-31 “The position of the speech bubble in the GUI may be based on the location of the source of the speech. The augmented reality system may place the speech bubble 30 adjacent to the source of the speech.”) (discloses a location factor) (Cowburn: Col. 16, Lines 39-45 “an emotional effect of "angry" may have a corresponding speech bubble theme that causes the speech bubble to display as a red jagged bubble, with red text and animated fire, while an emotional effect of "sad" may have a corresponding speech bubble theme that causes the speech bubble to display as a drooping blue 45 bubble with frowny faces and black text”)(disclosure of color as a distinguishing factor) (Cowburn discloses the 3 distinguishing attributes).
Regarding claim 5, Cowburn and Rodriguez disclose the computer-implemented method of claim 1, wherein the one or more distinguishing sensory attributes further comprise a scaling factor (interpreted as different sizes) of the volumetric graphic content that is higher or lower than a scaling factor of other elements of the virtual environment (Cowburn: Col. 3, Lines “The size of the speech bubble may thereby be based on the total number of characters in the text string.”) (clear disclosure of a sizing element or “scaling factor” for the speech bubble which is graphic content).
Regarding claim 6, Cowburn and Rodriguez disclose the computer-implemented method of claim 1, wherein the one or more distinguishing sensory attributes comprise a location factor of the volumetric graphic content (Cowburn: Col 3, Lines 28-31 “The position of the speech bubble in the GUI may be based on the location of the source of the speech. The augmented reality system may place the speech bubble 30 adjacent to the source of the speech.”) (discloses a location factor) such that the volumetric graphic content is displayed within a visually demarcated portion of the virtual environment that separates the volumetric graphic content from the remaining portions of the virtual environment (Cowburn: Col. 15, Lines 60-65 “the presentation module 602 may identify a position in the presentation of the space that does not include any significant elements (e.g., faces). The presentation module 602 may thereby display the speech bubble at the position without obstructing any significant elements in the presentation.”) (discloses moving the bubble to an unoccupied area, ensuring it is visually distinct and separated from other content).
Regarding claim 8, Cowburn and Rodriguez disclose the computer-implemented method of claim 1, wherein the media content presented in the virtual environment changes over time during the presenting (Cowburn: Col. 16, Lines 39-45 “an emotional effect of "angry" may have a corresponding speech bubble theme that causes the speech bubble to display as a red jagged bubble, with red text and animated fire, while an emotional effect of "sad" may have a corresponding speech bubble theme that causes the speech bubble to display as a drooping blue 45 bubble with frowny faces and black text”) (Cowburn discloses animations with the bubble which shows the content changes over time during the presentation).
Regarding claim 9, Cowburn and Rodriguez disclose the computer-implemented method of claim 1, wherein the media content presented further comprises audio content, and wherein the method further comprises presenting the audio content in the virtual environment, the audio content emanating from a position in the virtual environment that is at or adjacent the volumetric graphic content (interpreted as audio coming from the volumetric content which is probably a character/avatar)(Cowburn: Col. 7, Lines 44-50 “A media overlay may include audio and visual content and visual effects. Examples of audio and visual content include pictures, texts, logos, animations, and sound effects. An example of a visual effect includes color overlaying. The audio and visual content or the visual effects can be applied to a media content item ( e.g., a photo) at the client device 102.”)(clear disclosure that audio content can be presented and specifies that the audio affect is applied to the media content).
Regarding claim 11, Cowburn and Rodriguez disclose the computer-implemented method of claim 1, further comprising presenting the volumetric graphic content at a location within the virtual environment, wherein the location is based on the identified signal (Cowburn: Col. 15, Lines 53-56 “At operations 712, the presentation module 602 causes display of the speech bubble at a position in the presentation of the space, based on the location of the source of the speech.”)(Cowburn discloses determining the placement of the content based on the location of the source of the speech which is the “signal”).
Regarding claim 15, Cowburn and Rodriguez disclose the computer-implemented method of claim 1, wherein the one or more distinguishing sensory attributes match a message that was presented within the virtual environment and that indicated the one or more distinguishing sensory attributes (Cowburn: Col. 16, Lines 39-45 “an emotional effect of "angry" may have a corresponding speech bubble theme that causes the speech bubble to display as a red jagged bubble, with red text and animated fire, while an emotional effect of "sad" may have a corresponding speech bubble theme that causes the speech bubble to display as a drooping blue bubble with frowny faces and black text”)(discloses that the distinguishing attribute is indicated by the desired attribute, and the system picks content attributes based on that indication).
Claim 21 and 23 are method claims corresponding to claim 1 with a minor limitation difference. Claim 21 recites “comprise a scaling factor of the volumetric graphic content that is two or more times larger or smaller than a scaling factor of elements of the virtual environment surrounding the volumetric graphic content” (Cowburn: Col. 3, Lines “The size of the speech bubble may thereby be based on the total number of characters in the text string.”) (disclosure of the scaling factor and choosing an exact size is a style preference). Claim 23 recites “match a word message that was presented within the virtual environment and that indicated with meaning of words the one or more distinguishing sensory attributes of the volumetric graphic content” (Cowburn: Col. 18, Lines 45-46 “may compare the detected speech to a musical library to determine if the speech matches an existing song”) (teaches matching a word message that was presented to an existing song which is the same logic/function of the claimed limitation). Besides the minor limitation difference, the claims are identical and thus, claims 21 and 23 are rejected for the same reasons as claim 1 above.
Claims 22 and 24 are method claims corresponding to claim 3 without any additional limitations. Thus, claims 22 and 24 are rejected for the same reasons as claim 3 above.
Regarding claim 25, Cowburn and Rodridguez disclose the computer-implemented method of claim 21, wherein the picture is not presented within a thought bubble within the virtual environment (Cowburn Fig. 7; 702 “CAUSING DISPLAY OF A PRESENTATION OF A SPACE AT A CLIENT DEVICE , THE PRESENTATION OF THE SPACE INCLUDING A FIRST PERSON”).
Regarding claim 26, Cowburn and Rodriguez disclose the computer-implemented method of claim 9, wherein the volumetric graphic content that is presented includes a picture of an object mentioned in text provided in the sensory information, and wherein the audio content emanates from a position in the virtual environment that is at or adjacent the picture (interpreted as audio coming from the volumetric content which is probably a character/avatar)(Cowburn: Col. 7, Lines 44-50 “A media overlay may include audio and visual content and visual effects. Examples of audio and visual content include pictures, texts, logos, animations, and sound effects. An example of a visual effect includes color overlaying. The audio and visual content or the visual effects can be applied to a media content item ( e.g., a photo) at the client device 102.”)(clear disclosure that audio content can be presented and specifies that the audio affect is applied to the media content).
Regarding claim 27, Cowburn and Rodriguez disclose the computer-implemented method of claim 26, wherein the audio content is presented with a timing that does not overlap with another timing for presentation of other audio being generated from an avatar in the virtual environment, wherein the avatar having spoken caused the text of the sensory information to be generated (interpreted as the audio is timed in a manner where only 1 audio is played within the avatar at once which is an obvious limitation, no one expect 2 different audios to be played from the same avatar. If the claim is referring to multiple different avatars, then the language needs clarifying)(Cowburn: Fig. 5; 512-514 “STORY TIMER” & “MESSAGE TIMER”)(teaches utilizing timers for messages and audio and it’s obvious to utilize it where the only 1 audio plays at a time and a second audio).
Regarding claim 28, Cowburn and Rodriguez disclose the computer-implemented method of claim 26, wherein: the audio content comprises a first pitch or a first octave, audio being generated from an avatar in the virtual environment comprises a second pitch or a second octave, wherein the avatar generated the text of the sensory information, and the first pitch is different from the second pitch or the first octave is different from the second octave (interpreted as the audio generated includes a first and second pitch and are both different) (Cowburn: Col. 7, Lines 44-50 “A media overlay may include audio and visual content and visual effects. Examples of audio and visual content include pictures, texts, logos, animations, and sound effects. An example of a visual effect includes color overlaying. The audio and visual content or the visual effects can be applied to a media content item ( e.g., a photo) at the client device 102.”)(clear disclosure that audio content can be presented and specifies that the audio affect is applied to the media content(avatar) and having a second audio is an obvious design choice).
Regarding claim 29, Cowburn and Rodriguez disclose the computer-implemented method of claim 26, wherein the audio content is selected from a group consisting of a beep, a chirp, a clap, a snap, a chime, and a buzz (Cowburn: Col. 7, Lines 46-47 “audio and visual content include pictures , texts , logos , animations , and sound effects”)(teaches the audio includes sound effects and under broadest reasonable interpretation, a beep, chirp, clap, snap, chime, and buzz are sound effects).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cowburn et al. (U.S. Patent No. 10,614,828), in view of Rodriguez et al. (U.S. Patent No. 7,414,625), in further view of Atkins et al. (U.S. Patent Publication No. 2013/0315505).
Regarding claim 10, Cowburn and Rodriguez disclose the computer-implemented method of claim 1, further comprising: responsive to identifying a second predetermined signal amongst newly received sensory information for the virtual environment (this newly amended limitation is inherent), revoking the media content (Cowburn: Col. 12, Lines 10-14 “when a sending user has established a story participation parameter 510 of 24 hours from posting, the ephemeral timer system 202 will remove the relevant ephemeral message 502 from the ephemeral message story 504 after the specified 24 hours”); detecting and decoding a third signal from the virtual environment (Cowburn: Col. 2, Lines 31-32 “Various embodiments may detect speech, identify a source of the speech, transcribe the speech to a text string”)(discloses detecting speech (signal) and transcribing it (decoding)); and presenting the first evolved media content within the virtual environment such that the first evolved media content comprises one or more distinguishing sensory attributes distinguishing the first evolved media content from the remaining portions of the virtual environment (Cowburn: Col. 6, Lines 43-46 “The augmented reality system 124 provides functionality to generate and cause display of augmented reality elements in a GUI, including speech bubbles, as well as graphical elements representative of onomatopoeia”) (Cowburn: Col. 16, Lines 37-38 “The speech bubble themes indicate a design and form to be applied”)(discloses presenting content within a virtual reality environment with theme styling which is interpreted as distinguishing attributes), but fail to disclose evolving the media content based on the third signal and thereby producing first evolved media content, the first evolved media content sharing one or more elements with the revoked media content.
However, Atkins discloses evolving the media content based on the third signal and thereby producing first evolved media content (interpreted as derived version), the first evolved media content sharing one or more elements with the revoked media content [Atkins: 0045 “Two or more source versions may be interpolated to generate derived versions. A derived version may comprise contributions from each of the source versions that are interpolated.”](discloses generating a derived version based off the original version which may contain attributes from previous versions).
Cowburn, Rodriguez, and Atkins are both considered to be analogous to the claimed invention because they are in the same field of digital content creation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Cowburn and Rodriguez to incorporate Atkin’s teachings of evolving content. The motivation for such a combination would be to create unique and improved content containing attributes from different previous content elements, ensuring an enhanced user experience.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Cowburn et al. (U.S. Patent No. 10,614,828), in view of Rodriguez et al. (U.S. Patent No. 7,414,625), in further view of Currell (U.S. Patent Publication No. 2003/0007648).
Regarding claim 13, Cowburn and Rodriguez disclose the computer-implemented method of claim 1, wherein: the media content further comprises audio content and the presenting comprises playing of the audio content for the virtual environment (Cowburn: Col. 7, Lines 44-50 “A media overlay may include audio and visual content and visual effects. Examples of audio and visual content include pictures, texts, logos, animations, and sound effects. An example of a visual effect includes color overlaying. The audio and visual content or the visual effects can be applied to a media content item ( e.g., a photo) at the client device 102.”)(clear disclosure that audio content can be presented); but fail to explicitly disclose a placement of the presentation comprises at least one member selected from a group consisting of a location placement for dissemination of the audio content within the virtual environment, a timing placement for the audio content, and a pitch placement for the audio content.
However, Currell discloses a placement of the presentation comprises at least one member selected from a group consisting of a location placement for dissemination of the audio content within the virtual environment [Currell: 0179 “The location processor module contains the head model (HRTF) that creates the actual spatialization of the Source Sound. The user controls for this module include input Volume and a x, y panning.”](discloses user controls for location placement), a timing placement for the audio content [Currell: 0083 “After the signal passes through the distance control module 110, it is received by the delay module 115, which delays the Signal from, for example, from one to three hundred milliseconds in one millisecond increments. This Jan. 9, 2003 delay can be used for many Special effects, including using a positional channel as an early reflection”](discloses timing placement for audio content), and a pitch (interpreted as doppler module) placement for the audio content [Currell: 00178 “The Doppler module simulates Doppler, the effect of a Sound raising in pitch as it approaches the listener and dropping in pitch as it moves away. This provides a realistic effect for race cars, trains, motorcycles and airplanes as they pass by the listener”](discloses pitch effect that provides more realistic audio effects).
Cowburn, Rodriguez, and Currell are considered to be analogous to the claimed invention because they are in the same field of presenting media content a virtual reality environment. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Cowburn and Rodriguez to incorporate Currell’s teachings of additional audio control and pitch improvement. The motivation for such a combination would provide improved and more realistic audio, enhancing the overall virtual reality experience.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Cowburn et al. (U.S. Patent No. 10,614,828), in view of Rodriguez et al. (U.S. Patent No. 7,414,625), in further view of Van Wie et. al (U.S. Patent No. 8,191,001).
Regarding claim 16, Cowburn and Rodriguez disclose the computer-implemented method of claim 1, wherein the one or more events in the virtual environment are selected from a group consisting of audio (Cowburn: Col. 5, Line 8 “( e.g. , text , audio , video”), but fail to disclose a movement, virtual environment character interaction, and virtual environment metadata.
However, Van Wie discloses a movement (Van Wie: Col. 23, Lines 20-24 “each communicant manipulates one or more input devices (e.g., the computer mouse 52 and the keyboard 54) that generate motion data streams, which control the movement of his or her avatar in the virtual area 66.”) (Van Wie: Col. 9, Lines 10-16 “data within the computing environment that may benefit from rapid transmission, rapid execution, or both rapid transmission and rapid execution, including for example, avatar movement instructions, text chat, real-time data feeds (e.g., sensor data, machine control instructions, transaction streams and stock quote information feeds), and file transfers.”)(discloses movement in a virtual environment), virtual environment character interaction (Van Wie: “during a communication session, each of the communicant network nodes generates a respective set of real-time data streams (e.g., motion data streams, audio data streams, chat data streams,”) (Van Wie: Col. 35, Lines 51-53 “contains a recent text chat with Karen in which the messages between the user and Karen are listed vertically in chronological order”) (discloses chat data streams and text chat which are clear character interactions), and virtual environment metadata (interpreted as global state information in a virtual environment) (Van Wie: Col. 12, Lines 7-12 “The area service also manages network connections that are associated with the virtual area subject to the capabilities of the requesting entities, maintains global state information for the virtual area, and serves as a data server for the client network nodes participating in a shared communication session”) (discloses global state information in a virtual environment which corresponds to ‘virtual environment metadata’).
Cowburn, Rodriguez, and Van Wie are both considered to be analogous to the claimed invention because they are address interactive immersive virtual reality environments. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Cowburn and Rodriguez to incorporate Van Wie’s teachings of character movement, interaction, and virtual environment metadata. The motivation for such a combination would broaden the event trigger coverage, improving functionality and overall user experience.
Conclusion
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/AHMED TAHA/Examiner, Art Unit 2613
/XIAO M WU/Supervisory Patent Examiner, Art Unit 2613
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