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 .
Response to Arguments
Applicant’s arguments, see pages 7-11, filed 18 September 2025, with respect to the rejection(s) of claim(s) 1 and similar claims in substance under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kim et al. (US 2021/0067684 A1).
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 (i.e., changing from AIA to pre-AIA ) 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, 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, 4, 5, 8-12, 15, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perlman et al. (US 2006/0055706 A1) in view of Gordon (US 2011/0007081 A1) and further in view of Kim et al. (US 2021/0067684 A1).
Regarding claim 1, Perlman discloses a data processing method applied to a first device, comprising: obtaining a target image of a target user; (Figure 2 and paragraphs 0030 and 0034, receiving captured motion data from camera images of a performer) and transmitting action data to a second device, such that the second device outputs a virtual character corresponding to the target user at least according to the action data (Paragraph 0034, rendering to a computer display a graphical animation of a character based on the received captured motion data of the performer). Perlman does not clearly disclose obtaining a target image including a plurality of sub-images corresponding to a plurality of parts, respectively, of a user, processing the plurality of target sub-images with a plurality of processing methods, respectively, to obtain a plurality of pieces of action sub-data, and the plurality of pieces of action sub-data constituting action data of the target user. Gordon discloses motion capture of body and facial motion using separate body and facial motion cameras for imaging different regions of an actor and their performance using markers for detection to produce a three-dimensional representation of captured motion (Figure 1 and paragraphs 0034, 0036, and 0038).
Perlman discloses steps for using motion data from camera captured images to animate a virtual character which differed from the claimed process by the substitution of target sub-images for areas of a part of a user. Gordon discloses the substituted step of captured images of different regions of an actor for generation of a representation of captured motion. As a result, both functions were known in the art to enable a person of ordinary skill in the art to animate a character representation of an actor using captured images of regions of the actor. Perlman’s cameras for capturing motion of a performer could have been substituted with Gordon’s facial and body cameras and the results would have been predictable, resulting in capturing images of facial and body regions using facial and body cameras and using the captured images to determine motion for animating a representation of the performer. Therefore, the claimed subject matter would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention. Perlman in view of Gordon does not clearly disclose the plurality of processing methods including a plurality of image recognition models, respectively, the image recognition models corresponding to different ones of the plurality of target sub-images being different. Kim discloses recognition of a human body in moving images with a body recognition module (Paragraph 0246) and detecting faces in moving images using a facial recognition process (Paragraph 0247). Perlman in view of Gordon discloses steps for producing a three-dimensional representation of captured motion using imaged markers on an actor which differed from the claimed method by the substitution of image recognition models for processing images. Kim discloses the substituted step of recognizing a body and face using a body recognition module and face recognition process, respectively. As a result, both functions were known in the art to enable a person of ordinary skill in the art to identify different parts of a person in an image. Perlman in view of Gordon’s detection of body and face in images using markers could have been substituted with the body recognition module and face recognition process of Kim and the results would have been predictable in the detection of a body and face of an actor in images using a body recognition module and face recognition process for producing a three-dimensional representation of captured motion. Therefore, the claimed subject matter would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding claim 4, Perlman in view of Gordon discloses wherein: the plurality of target sub-images are obtained by a plurality of image acquisition devices, respectively, and image acquisition parameters of the image acquisition devices corresponding to the plurality of target sub-images of different parts of the target user are different; (Gordon, paragraph 0036, capture of the performer or actor’s face and body regions) and each of the image acquisition parameter includes at least one of acquisition resolution (Perlman, paragraph 0030, cameras can have a supported resolution) or acquisition range (Perlman, paragraph 0028, the cameras can have a capture range).
Regarding claim 5, Perlman in view of Gordon and further in view of Kim discloses wherein: all of the plurality of target sub-images in the target image are obtained through an image acquisition device; (Gordon, paragraphs 0045 and 0092, a single type of camera can be used for capturing facial and body motion) and the plurality of target sub-images are obtained by regionally dividing the target image according to the parts of the target user (Kim, paragraph 0246-0247, recognition of the body and face in images).
Regarding claim 8, Perlman in view of Gordon and further in view of Kim discloses wherein the plurality of pieces of action sub-data are obtained based on a plurality of pieces of target sub-data each corresponding to one part of the target user (Gordon, paragraphs 0036 and 0038, capturing of body and facial motion for parts recognized by the body recognition module and face recognition process, Kim, paragraphs 0246-0247).
Regarding claim 9, Perlman in view of Gordon in view of Kim discloses wherein the plurality of processing methods are based on data acquisition devices used to obtain the plurality of pieces of target sub-data (Gordon, figure 1, facial and body motion cameras for obtaining images that can be used for recognition in moving images, Kim, paragraphs 0246-0247).
Regarding claim 10, Perlman in view of Gordon in view of Kim discloses wherein device types of the data acquisition devices corresponding to different parts of the target user are different or device parameters of the data acquisition devices corresponding to different parts of the target user are different (Gordon, figure 1, facial and body motion cameras for obtaining images that can be used for recognition in moving images, Kim, paragraphs 0246-0247).
Regarding claim 11, Gordon discloses wherein the device types of the data acquisition devices include device types of image acquisition devices (Figure 1, facial motion cameras and body motion cameras).
Regarding claim 12, Perlman discloses wherein the device parameters of the data acquisition devices include image acquisition resolutions of the image acquisition devices (Perlman, paragraph 0030, cameras can have a supported resolution).
Regarding claim 15, Perlman in view of Gordon and further in view of Kim discloses wherein: the plurality of processing methods include methods for processing the plurality of pieces of target sub-data; (Gordon, paragraphs 0036 and 0038, processing body and facial motion) and processing parameters used for processing the plurality of pieces of target sub-data corresponding to different parts of the target user are different (Kim, paragraphs 0246-0247, processing the body and face recognition differently).
Regarding claim 16, Perlman discloses wherein each of the processing parameters includes at least one of accuracy for processing the corresponding target sub-data (Paragraph 0029, accuracy) or frame rate for processing the corresponding target sub-data (Paragraph 0030, the cameras used have a frame rate).
Regarding claim 18, similar reasoning as discussed in claim 1 is applied. Furthermore, Perlman discloses a processor (Paragraph 0031, processor for recording a video stream) and a transmitter (Figure 2 and paragraph 0034, motion capture controller transmits the animated character for display to a display).
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perlman et al. (US 2006/0055706 A1) in view of Gordon (US 2011/0007081 A1) in view of Kim et al. (US 2021/0067684 A1) and further in view of Connor (US 2019/0370534 A1).
Regarding claim 13, Perlman in view of Gordon and further in view of Kim discloses all limitations as discussed in claim 10. Perlman in view of Gordon and further in view of Kim does not clearly disclose wherein device types of the data acquisition devices include device types of wearable devices. Connor discloses a wearable flexible optical sensor for measuring human motion (Paragraph 0017). Perlman in view of Gordon and further in view of Kim discloses measuring human motion camera for capturing images of a performer in motion which differed from the claimed process by the substitution of data acquisition devices including device types of wearable devices. Connor discloses the substituted wearable devices for measuring human motion. As a result, both functions were known in the art to enable a person of ordinary skill in the art to measure human motion. Perlman in view of Gordon and further in view of Kim’s cameras for capturing images for measuring a performer’s motion could have been substituted with Connor’s wearable flexible optical sensor and the results would have been predictable in the measurement of a performer’s motion for determining motion data for animating a character. Therefore, the claimed subject matter would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding claim 14, Connor discloses wherein the device parameters of the data acquisition devices include sensor acquisition densities of the wearable devices (Paragraph 0039, the wearable flexible optical sensor has a density of undulations).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perlman et al. (US 2006/0055706 A1) in view of Gordon (US 2011/0007081 A1) in view of Kim et al. (US 2021/0067684 A1) and further in view of Salvador et al. (US 2019/0222828 A1).
Regarding claim 17, Perlman in view of Gordon and further in view of Kim discloses all limitations as discussed in claim 1. Perlman in view of Gordon and further in view of Kim further discloses wherein transmitting the action data to the second device includes: obtaining audio data within a target time period, the audio data and the action data corresponding to each other with respect to the target time period; processing the audio data and the action data to obtain a data packet corresponding to the target time period; (Gordon, paragraph 0040, motion capture with corresponding audio recording during the performance being captured that is synchronized using a time track) and transmitting the data packet to the second device, such that the second device obtains the action data and the audio data in the data packet, outputs the virtual character corresponding to the target user at least according to the action data (Perlman, paragraph 0034, rendering to a computer display a graphical animation of a character based on the received captured motion data of the performer with synchronized audio, Gordon, paragraph 0040). Perlman in view of Gordon and further in view of Kim does not clearly disclose outputs a sound signal corresponding to the virtual character according to the audio data. Salvador discloses that visual display of an animated character with output of audio data using speakers (Paragraph 0168). Salvador’s technique of visual display of an animated character with output of audio data using speakers would have been recognized by one of ordinary skill in the art to be applicable to the motion capture data for animating a character with synchronized recorded audio of Perlman in view of Gordon and further in view of Kim and the results would have been predictable in the visual display of an animated character from motion capture data with synchronized recorded audio output on speakers. Therefore, the claimed subject matter would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perlman et al. (US 2006/0055706 A1) in view of Fleury et al. (US 2008/0309675 A1) and further in view of Harvill et al. (US 6,559,845 B1).
Regarding claim 21, Perlman discloses a data processing method applied to a first device, comprising: obtaining action data of a target user; (Figure 2 and paragraph 0034, receiving capturing motion data of a performer) and transmitting the action data to a second device, such that the second device outputs a virtual character corresponding to the target user at least according to the action data, the virtual character being data after pixel rendering (Paragraph 0034, rendering to a computer display a graphical animation of a character based on the received captured motion data of the performer). Perlman does not clearly disclose a data size of the virtual character. Fleury discloses high quality renditions of an avatar that is typically several megabytes (MB) (Paragraph 0010). Fleury’s technique of producing high quality rendition of an avatar that is several megabytes in size would have been recognized by one of ordinary skill in the art to be applicable to the rendering of a character of Perlman and the results would have been predictable in the rendering of a high quality character that is several megabytes in size. Therefore, the claimed subject matter would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention. Perlman in view of Fleury does not clearly disclose a data size of the virtual character being larger than a data size of the action data. Harvill discloses a persistent data file used for animating an object that is 10-200 Kb in size (Column 5, line 63 – column 6, line 43). Havrill’s technique of animating an object using a persistent data file that is 10-200 Kb in size would have been recognized by one of ordinary skill in the art to be applicable to the high quality rendition of a character used for animation having a size that is several megabytes of Perlman in view of Fleury and the results would have been predictable in the animation of a high quality character having a size that is larger than a persistent data file used to animate the character. Therefore, the claimed subject matter would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McNelley et al. (US 9,615,054 B1) discloses creating animated characters using motion captured actor movements.
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.
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/PHI HOANG/Primary Examiner, Art Unit 2619