DETAILED ACTION
Response to Amendment
Applicant’s amendments filed on 08 October 2025 have been entered. Claims 1, 11, and 30 have been amended. Claims 21-29 have been previously cancelled. Claims 1-20 and 30-38 are still pending in this application, with claims 1, 11, and 30 being independent.
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 Objections
Claim 11 is objected to because of the following informalities:
Claim 11 recited “receive, from a second device associated with a virtual session” in line 5. It should read “receiving, by the first device and from a second device associated with a virtual session”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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) 1-5, 7-15, 17-20, 30-34 and 36-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oz et al. (US 20210360195 A1), referred herein as Oz (from IDS) in view of DELAMONT (US 20200368616 A1), referred herein as DELAMONT.
Regarding Claim 1, Oz in view of DELAMONT teaches a method of generating virtual content at a first device in a distributed system, the method comprising (Oz Abst: A method for conducting a three dimensional (3D) video conference between multiple participants, the method may include determining, for each participant, updated 3D participant representation information within the virtual 3D video conference environment; [0049] by a cooperation between the devices of the first and second participants, by another computerized system (such as but not limited to a cloud system or a remote system)):
receiving, from a second device associated with a virtual session, input information associated with at least one of the second device or a user of the second device (Oz [0048] referring to a 3D video conference that involves multiple participants. A first participant is imaged, and a second participant wishes to view a first avatar (or any other 3D visual representation) of the first participant within a virtual 3D video conference environment);
Oz does not, but DELAMONT teaches
receiving, by the first device (DELAMONT [0137] This may be used to pre-render augmented scenes in which full CGI or raytracing may be possible since the rendering process on the remote game server 88 or host 89 can be performed in performed in parallel to the local renderings on the users augmented reality (“AR”) display apparatus 1, in which user's clients 28 may use the rendered augmented scene or virtual game object by the game server 88 or host 89 for areas that this relates to). FIG.7:88 is a remote virtual scene rendering server that performs the function of the first device.
Oz in view of DELAMONT further teaches
generating, based on the input information, a virtual representation of the user of the second device (Oz [0051] Any reference to one manner of execution of any step of the generation of the first avatar and/or any reference to one manner of execution of any step of the inclusion of the avatar within the virtual 3D video conference environment may be applied mutatis mutandis to any other manner of execution; figures 17; DELAMONT [0138] Data may include two differing stereoscopic video or image sources used in the display of differing images on either eye to create a stereoscopic effect, sensory data or locational data generated by the users augmented reality (“AR”) display apparatus 1);
generating, by the first device, a virtual scene from a perspective of a user of a third device associated with the virtual session, wherein the virtual scene includes the virtual representation of the user of the second device, and wherein the first device is remote from the second device and the third device (Oz [0068] The one or more additional steps may include at least one out of: [0069] a. Determining a field of view of a third participant within the virtual 3D video conference environment. [0070] b. Setting a third updated representation of the virtual 3D video conference environment that may be sent to a third participant device to reflect the field of view of the third participant; figures 2; DELAMONT [0119] Alternatively, the GPU of the game server 88 or another host 89 may output its resulting calculations and instructions as list of game objects to the local rendering module of users augmented reality (“AR”) display apparatus 1, for the rendering of 3D images and subsequent display as 2D stereoscopic images that are then rasterised and displayed as pixels on the user's micro display 3); and
transmitting, to the third device, one or more frames depicting the virtual scene from the perspective of the user of the third device (Oz [0125] The users devices 4000(1)-4000(R) may communicate over one or more networks such as network 4050; [0129] Some of the examples refer to a virtual 3D video conference environment such as a meeting room, restaurant, cafe, concert, party, external or imaginary environment in which the users are set. Each participant may choose or be otherwise associated with a virtual or actual background and/or may select or otherwise receive any virtual or actual background in which avatars related to at least some of the participants are displayed; [0214] The user's model may be stored on the user's computer, phone or other device. It may also be transmitted to the cloud or to other users; figures 2).
DELAMONT discloses an interactive mixed reality system for one or more users. DELAMONT is analogous to the present patent application.
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oz to incorporate the teachings of DELAMONT, and applying the remote game server 88 into the method for conducting a three dimensional (3D) video conference between multiple participants.
Doing so would provide a truly immersive and tangible gaming experience in which a substantial part of the game is not dependent on visual wearable aids to see the game renderings in the real-world but where the use of head mounted 105 augmented reality (“AR”) display apparatus 1 supplements the gaming experience in the real-world.
Regarding Claim 2, Oz in view of DELAMONT teaches the method of claim 1, and further teaches wherein the input information includes at least one of information representing a face of the user of the second device, information representing a body of the user of the second device, information representing one or more hands of the user of the second device, pose information of the second device, or audio associated with an environment in which the second device is located (Oz [0130] Either the full body, the upper part of the body or just the face of the users are seen in this environment—thus an avatar may include full body of a participant, the upper part of a body of the participant body or just the face of the participant; figures 11-13).
Regarding Claim 3, Oz in view of DELAMONT teaches the method of claim 2, and further teaches wherein the information representing the body of the user of the second device includes a pose of the body, and wherein the information representing the one or more hands of the user of the second device includes a respective pose of each hand of the one or more hands (Oz [0137] The rendering of a user's head, body, and hands from a certain point of view that is different than the original point of view of the camera may be done in different ways; [0163] These models may be parametric models where the parameters determine the shape, expression and pose of the face, body, and hands).
Regarding Claim 4, Oz in view of DELAMONT teaches the method of claim 2, and further teaches wherein generating the virtual representation comprises:
generating a virtual representation of a face of the user of the second device using the information representing the face of the user, the pose information of the second device, and pose information of the third device (Oz [0394] Step 74 may include receiving information regarding spatial relationships between the locations of the avatars of the participants and the directions of gaze of the participants and updating at least the orientation of the avatars related to the participants within the virtual 3D environment);
generating a virtual representation of a body of the user of the second device using the pose information of the second device and pose information of the third device (Oz [0394] Step 74 may include receiving information regarding spatial relationships between the locations of the avatars of the participants and the directions of gaze of the participants and updating at least the orientation of the avatars related to the participants within the virtual 3D environment); The virtual representation based on gaze information of multiple participants anticipates the face and body information. and
generating a virtual representation of hair of the user of the second device (Oz [0202] new information regarding the illumination of the person's body and face, the user's hair, shaving, makeup, clothes, etc. may be used to update the 3D model and texture maps; figure 13).
Regarding Claim 5, Oz in view of DELAMONT teaches the method of claim 4, and further teaches wherein the virtual representation of the body of the user of the second device is generated further using the information representing the body of the user (Oz [0163] If the video camera is a 2D camera, then computerized models, such as convolutional neural networks may be used to create a 3D model from the 2D images. These models may be parametric models where the parameters determine the shape, expression and pose of the face, body, and hands. Such a model can be trained by using sets of 2D images and corresponding 3D models. The corresponding 3D models can be created in several ways. In the rendering process different illuminations can be used in order to make the model robust to varying illuminations).
Regarding Claim 7, Oz in view of DELAMONT teaches the method of claim 4, and further teaches wherein the virtual representation of the body of the user of the second device is generated further using the information representing the one or more hands of the user (Oz [0163] These models may be parametric models where the parameters determine the shape, expression and pose of the face, body, and hands).
Regarding Claim 8, Oz in view of DELAMONT teaches the method of claim 4, and further teaches further comprising:
combining the virtual representation of the face with the virtual representation of the body to generate a combined virtual representation (Oz [0166] The user may be asked to rotate the head, hands, and body so that it may be seen from many angles in order to cover all views and avoid missing areas in the model); and
adding the virtual representation of the hair to the combined virtual representation (Oz [0202] new information regarding the illumination of the person's body and face, the user's hair, shaving, makeup, clothes, etc. may be used to update the 3D model and texture maps; figure 13).
Regarding Claim 9, Oz in view of DELAMONT teaches the method of claim 1, and further teaches wherein generating the virtual scene comprises:
obtaining a background representation of the virtual scene (Oz [0006] Each participant is typically shown with the background of their own office or with a virtual background of their selection; [0129] Each participant may choose or be otherwise associated with a virtual or actual background and/or may select or otherwise receive any virtual or actual background in which avatars related to at least some of the participants are displayed.);
adjusting, based on the background representation of the virtual scene, lighting of the virtual representation of the user of the second device to generate a modified virtual representation of the user (Oz [0163] In the rendering process different illuminations can be used in order to make the model robust to varying illuminations); and
combining the background representation of the virtual scene with the modified virtual representation of the user (Oz [0177] During the real time rendering process, the closest model or models in terms of viewing angle or illumination may be chosen as a starting point for the model transformation and rendering process).
Regarding Claim 10, Oz in view of DELAMONT teaches the method of claim 1, and further teaches further comprising:
generating, based on input information from the third device, a virtual representation of the user of the third device (Oz [0048] referring to a 3D video conference that involves multiple participants. A first participant is imaged, and a second participant wishes to view a first avatar (or any other 3D visual representation) of the first participant within a virtual 3D video conference environment);
generating a virtual scene including the virtual representation of the user of the third device from a perspective of the user of second device (Oz [0051] Any reference to one manner of execution of any step of the generation of the first avatar and/or any reference to one manner of execution of any step of the inclusion of the avatar within the virtual 3D video conference environment may be applied mutatis mutandis to any other manner of execution; figures 17); and
transmitting, to the second device, one or more frames depicting the virtual scene from the perspective of the user of the second device (Oz [0051] Any reference to one manner of execution of any step of the generation of the first avatar and/or any reference to one manner of execution of any step of the inclusion of the avatar within the virtual 3D video conference environment may be applied mutatis mutandis to any other manner of execution; figures 17).
It is the duplication of the steps of claim one applied in the opposite direction.
Regarding Claims 11-15 and 17-20, Oz in view of DELAMONT teaches a non-transitory computer-readable medium of a first device having stored thereon instructions that, when executed by at least one processor, cause the at least one processor to (Oz Abst: A method for conducting a three dimensional (3D) video conference between multiple participants, the method may include determining, for each participant, updated 3D participant representation information within the virtual 3D video conference environment; [0049] by a cooperation between the devices of the first and second participants, by another computerized system (such as but not limited to a cloud system or a remote system)).
The metes and bounds of the limitations of the claims substantially correspond to the elements set forth in claims 1-5 and 7-10; thus they are rejected on similar grounds and rationale as their corresponding limitations.
Regarding Claims 30-34 and 36-38, Oz in view of DELAMONT teaches an apparatus associated with a first device for generating virtual content in a distributed system (Oz Abst: A method for conducting a three dimensional (3D) video conference between multiple participants, the method may include determining, for each participant, updated 3D participant representation information within the virtual 3D video conference environment; [0047] There is provided a method, a non-transitory computer readable medium and a system related to video and may, for example be applicable to 3D video conference calls; [0049] by a cooperation between the devices of the first and second participants, by another computerized system (such as but not limited to a cloud system or a remote system)).
The metes and bounds of the limitations of the claims substantially correspond to the elements set forth in claims 1-5 and 7-9; thus they are rejected on similar grounds and rationale as their corresponding limitations.
Claim(s) 6, 16 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oz et al. (US 20210360195 A1), referred herein as Oz (from IDS) in view of DELAMONT (US 20200368616 A1), referred herein as DELAMONT, and Imamura et al. (US 11052317 B1), referred herein as Imamura.
Regarding Claim 6, Oz in view of DELAMONT teaches the method of claim 4, but does not teach the claimed limitations herein.
However, Imamura teaches wherein the virtual representation of the body of the user of the second device is generated further using inverse kinematics (Imamura col2:65 – col3:3: generating graphical representations of a character with one or more stretchable body parts in a computer game that involves performing inverse kinematics operations where one or more bones in the body parts are stretched or contracted according to the pose of the character).
Imamura discloses a method for generating a character with a stretchable body part in a computer game. Imamura is analogous to the present patent application.
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oz to incorporate the teachings of Imamura, and applying the inverse kinematics operations into the method for conducting a three dimensional (3D) video conference between multiple participants.
Doing so would be able to allow the inverse kinematics to determine the orientations of joints so that a series of poses may transition in a smooth and realistic manner.
Regarding Claims 16 and 35, Oz in view of DELAMONT teaches the apparatus of claim 14 and the non-transitory computer-readable medium of claim 33 The metes and bounds of the limitations of the claims substantially correspond to the elements set forth in claim 3; thus they are rejected on similar grounds and rationale as their corresponding limitations.
Response to Arguments
Applicant’s arguments, see page 10, filed on 08 October 2025 with respect to103 rejection on claims 1, 11 and 30 has been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 Samantha (Yuehan) Wang whose telephone number is (571)270-5011. The examiner can normally be reached Monday-Friday, 8am-5pm.
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/Samantha (YUEHAN) WANG/
Primary Examiner
Art Unit 2617