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 .
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.
Claim(s) 1, 4-5 and 7-8 are under 35 U.S.C. 103 as being unpatentable over Lin or Yoakum in view of Suzuki et al (US 5,736,982).
(I) Claims 1 and 8, Lin teaches a provision system and a method for providing a virtual space (Virtual space of (at least) Figs. 4 and 5) and a shared service avatar (Fig. 5, It is noted that elements 502-512 correspond to an example of interface elements for the virtual space navigation interface 208, col. 9, line 30+) capable of receiving contact from a user avatar in the virtual space, (While the example of FIG. 5 illustrates two participants, it is possible for the current room interface 506 to accommodate additional participants for virtual conferencing, col. 10, lines 21+ and anyone of the participant can have access to the elements 502-512 as control interfaces for interactions) the provision system (Fig. 9) comprising: a memory storing instructions (900) ; and a processor (904) executing the instructions (910) causing the provision system to:
provide the shared service avatar capable of receiving contact from the user avatar that performs an action in the virtual space based on a user operation; (Lin: gesture, col. 17, lines 30-39; Yoakum: drawing (e.g. with a mouse or a finger) a circle, [0173]).
control audio sharing between a plurality of users respectively operating a plurality of user avatars if a plurality of user avatars operated by users are present in a virtual space, (Fig. 6); and
detect contact with the shared service avatar by a user avatar of the plurality of user avatars, (In one or more embodiments, with respect to the perspective of the first participant, the participant video element 510 showing the feed of the second participant may include participant button(s) 512. For example, the participant button(s) 512 are selectable by the first participant so as to perform a predefined action (e.g., initiate a side conversation, designate the second participant to follow the first participant when the first participant moves rooms) with respect to the second participant. Col 10, lines 14-22);
wherein contact with the shared service avatar is detected on the basis of distance between positional information of the user avatar and positional information of the shared service avatar,
As demonstrated in the previous action, Lin teaches this limitation except the section between the square parentheses, wherein contact with the shared service avatar is detected on [[the basis of distance between]] positional information of the user avatar and positional information of the shared service avatar,
Suzuki teaches, “The server is always supplied with the latest position information of the avatar from every terminal and, when the distance between two arbitrary avatars becomes smaller than a threshold value, connects speech channels of the two terminals corresponding to these avatars, See Abstract and Figs. 9A-9D, col. 8, lines 26-65, and
wherein in response to detection of the contact, the processor performs control such that audio sharing with the plurality of users via a user avatar which has come into contact with the shared service avatar is temporarily canceled. (FIGS. 7A-7C illustrate various interface elements relating to providing a side conversation between participants of a virtual conference, in accordance with some example embodiments. As noted above, a participant video element (e.g., participant video element 510) may include one or more participant button(s) (e.g., participant button(s) 512). FIG. 7A depicts one example, in which a side conversation button 702 depicted as an ear is user-selectable to initiate a side conversation with another participant. Col.13, line 61 – to col. 14, line 2… where Fig. 7A depicts one example, in which a side conversation button 702 depicted as an ear is user-selectable to initiate a side conversation with another participant, col. 13, line 66 to col. 14, line 2 and wherein Fig. 7 two participants are whispering to each other and no one can hear them). This mapping is consistent with the current Specs, [0043-0047[ where audio is cancelled when the private mode is in use.
It would have been obvious to the ordinary artisan before the effective filing date to incorporate the teaching of Suzuki into the teaching of Lin for the purpose of increasing quality of avatars on the basis of distance.
OR
(II) Claims 1 and 8, Yoakum teaches a provision system and a method for providing a virtual space (virtual interaction space 900) and a shared service avatar capable of receiving contact from a user avatar in the virtual space, the provision system comprising: a memory storing instructions, (304); and a processor (308) executing the instructions causing the provision system to:
provide the shared service avatar capable of receiving contact from the user avatar that performs an action in the virtual space based on a user operation; (Lin: gesture, col. 17, lines 30-39; Yoakum: drawing (e.g. with a mouse or a finger) a circle, [0173]).
control audio sharing between a plurality of users respectively operating a plurality of user avatars if a plurality of user avatars operated by users are present in a virtual space (among various tools 920-948, any one of these can provide a control action/flow of interaction, [0040]); and
detect contact with the shared service avatar by a user avatar of the plurality of user avatars, (references to moving, transferring, dragging, dropping, or otherwise acting on a participant should be understood to mean moving, transferring, dragging, dropping, or otherwise acting on a virtual representation of the participant and/or of the participant's communication device within a virtual multiparty interaction workspace, [0082]; a participant may mute audio transmissions received from other participants in the multiparty interaction by selecting the speaker control tool 944, but may leave his or her microphone 224 unmuted so as to still be able to transmit audio to other participants within the multiparty interaction, [0093]),
wherein contact with the shared service avatar is detected on the basis of distance between positional information of the user avatar and positional information of the shared service avatar,
As demonstrated in the previous action, Yoakum teaches this limitation except the section between the square parentheses, wherein contact with the shared service avatar is detected on [[the basis of distance between]] positional information of the user avatar and positional information of the shared service avatar,
Suzuki teaches, “The server is always supplied with the latest position information of the avatar from every terminal and, when the distance between two arbitrary avatars becomes smaller than a threshold value, connects speech channels of the two terminals corresponding to these avatars, See Abstract and Figs. 9A-9D, col. 8, lines 26-65; and
wherein in response to detection of the contact, the processor performs control such that audio sharing with the plurality of users via a user avatar which has come into contact with the shared service avatar is temporarily canceled. (participants in a private interaction area may be unmuted (with respect to audio, video, or both) for everyone in that private area but muted for everyone in presentation and audiences areas that those in the private area are observing, [0038]).
It would have been obvious to the ordinary artisan before the effective filing date to incorporate the teaching of Suzuki into the teaching of Yoakum for the purpose of increasing quality of avatars on the basis of distance.
Claims 2-3 (Cancelled).
Claim 4. The provision system according to claim 1, wherein in accordance with a state where the contact is no longer detected in a user avatar in which audio sharing is canceled, the processor performs control such that audio sharing with the plurality of users via the user avatar resumes. (Lin: Fig. 7C where The notification 712 includes a button 714 which is selectable by the second participant to exit the side conversation (e.g., thereby terminating two-way communication via the second audio channel, col. 19, lines 39-43; Yoakum: user can be moved from the audience area 1104 to the presentation area 1108 and vice versa, [0135]).
Claim 5. The provision system according to claim 1, wherein conditions for detecting contact with a shared service avatar are managed for each shared service avatar. (Lin: the participant button(s) 512 are selectable by the first participant so as to perform a predefined action (e.g., initiate a side conversation, designate the second participant to follow the first participant when the first participant moves rooms) with respect to the second participant. Col. 10, line 18-22; Yoakum: a presenting participant and/or a moderator may be enabled to promote an audience member (e.g. a participant whose participant icon is located in the audience area) to the presentation area by selecting the audience member's icon, dragging the audience member's icon to the presentation area, or providing another predetermined indication, regardless of whether the audience member made a promotion request, [0134, 0142-0144]).
Claim 7. The provision system according to claim 1, wherein if there is a user avatar which has come into contact with a user avatar which has come into contact with the shared service avatar and in which audio sharing has been canceled, the processor notifies a user of the user avatar which has come into contact and in which audio sharing has been canceled of contact. (Lin: See the independent claim and the notification 704 includes a button 706 which is selectable by the first participant to exit the side conversation (e.g., thereby terminating communication via the second audio channel). Col. 14, lines 21-24; Yoakum: user can be moved from the audience area 1104 to the presentation area 1108 and vice versa, [0135] and Additionally, a participant in a private interaction area may be able to selectively mute and/or unmute audio and/or video communications from other participants within the private interaction area, and/or to mute and/or unmute audio and/or video communications from other participants outside of the private interaction area, [0180]).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lin or Yoakum in view of Suzuki and further in view of Boss.
Claim 6. The provision system according to claim 1, wherein a user avatar which has come into contact with the shared service avatar and in which audio sharing has been canceled is controlled to perform display allowing a plurality of other users to distinguish that audio sharing has been canceled.
Lin does not discuss “visual display”. Yoakum mentions some type of “visual display”, [0192], but not explicit shown as in additional teaching of Boss.
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Fig. 3 shows that each member of the primary conference 125 is able to hear every one in the primary call 125, [0038] and
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FIG. 5 shows a visual display 150 that may be displayed on a video display device of a terminal 65. The visual display 150 includes avatars 165a-f corresponding to the terminals 65a-f (e.g., from FIG. 4). The visual display 150 shows avatars 165d-f within a first area 170 that corresponds to the primary conference call 125 from FIG. 4. The visual display 150 also shows avatars 165a-c within a second area 175 that corresponds to the subconference call 130 from FIG. 4. In this manner, a conference participant may be provided with visual information that indicates who can hear the participant at any given time. The avatars (e.g., avatars 165a-f) may be any desired graphic, and may optionally include a username 180 indicating an identity of a user associated with the avatar. In further implementations, the avatars may be replaced with a video feed of the respective participant, [0048]. Here examiner reads that since each remaining participants 165d-f of primary conference would also be shown that subconference participants 165a-c is in a private mode…the subconference participant’s audio signals are disabled to prevent the primary participants from hearing.
Therefore it would have been obvious to the ordinary artisan to incorporate the teaching of Boss into the teaching of Lin or Yoakum for the purpose of explicitly presenting the visual demonstration if displaying each member audio status (mute-on/mute-off) pending the participation in the subconference or in the primary conference. This will help managing a conference call more efficient and protect the integrity of privacy.
Response to Arguments
Applicant’s arguments with respect to the currently claim(s) filed 1/15/26 have 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.
Applicant argues, “The applied art, whether taken alone or in any permissible combination, is not seen to disclose or to suggest the features of amended independent Claims 1 and 8, and in particular, is not seen to disclose or to suggest at least the features of, provide the shared service avatar capable of receiving contact from the user avatar that performs an action in the virtual space based on a user operation, ... wherein contact with the shared service avatar is detected on the basis of distance between positional information of the user avatar and positional information of the shared service avatar.
Lin discloses a virtual conferencing system for providing the side (second)
conversation. Lin discloses that participants are displayed as a participant video icon. In
Lin, while icons (avatars) corresponding to participants and terminals are displayed, the shared service avatar is neither displayed nor provided by the system. Moreover, with the present claims, the actions of the avatar are synchronized with the user's movements, and the user can operate the avatar's actions. Furthermore, detecting contact of the user avatar with the shared service avatar based on the distance between the shared service avatar and the user avatar operated by a user is not disclosed in Lin. Thus, Lin is not seen to anticipate amended independent Claims 1 and 8 since Lin is not seen to disclose or to suggest at least the features of, provide the shared service avatar capable of receiving contact from the user avatar that performs an action in the virtual space based on a user operation, ... wherein contact with the shared service avatar is detected on the basis of distance between positional information of the user avatar and positional information of the shared service avatar.
Yoakum discloses methods for dynamically controlling voice transmission and
microphone muting in virtual multiparty instructions. In Yoakum, like Lin, while icons (avatars) corresponding to participants and terminals are displayed, the shared service avatar is neither displayed nor provided by the system. Moreover, with the present claims, the actions of the avatar are synchronized with the user's movements, and the user can operate the avatar's actions. Furthermore, detecting contact of the user avatar with the shared service avatar based on the distance between the shared service avatar and the user avatar operated by a user is not disclosed in Yoakum. Thus, Yoakum is not seen to anticipate amended independent Claims 1 and 8 since Yoakum is not seen to disclose or to suggest at least the features of, provide the shared service avatar capable of receiving contact from the user avatar that performs an action in the virtual space based on a user operation, ... wherein contact with the shared service avatar is detected on the basis of distance between positional information of the user avatar and positional information of the shared service avatar.
Examiner respectfully disagrees as examiner has provided the additional reference to address the applicant’s arguments.
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 PHUNG-HOANG J. NGUYEN whose telephone number is (571)270-1949. The examiner can normally be reached Reg. Sched. 6:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUNG-HOANG J NGUYEN/Primary Examiner, Art Unit 2691