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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/22/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 7-15, 17-20 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.
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) 1-2, 4, 6-12, 14, 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trehan (US Publication Number 2023/0372778 A1) in view of O’Dowd et al. (US Publication Number 2021/0069574 A1, hereinafter “O’Dowd”).
(1) regarding claim 1:
As shown in fig. 3, Trehan disclosed an avatar control method, applicable to an avatar control system, configured to control an avatar, which is corresponding to a user in a real-world environment, in an immersive content (para. [0006], note that the method may further include generating, in a metaverse or a virtual environment, an avatar corresponding to the user of the real-world environment based on the at least one of the pose and the movement identified. The avatar and the associated virtual environment may be customizable based on user's physical appearance, user preferences, or user performance), and comprising:
detecting if the user makes a first target pose (para. [0023], note that identify a pose and/or a movement of the user 102 while performing the one or more activities);
in response to the user making the first target pose, (para. [0027], note that the user 102 may see themselves as a digital representation called an avatar 108.The immersive fitness device 100 enables assessing functions, poses, gestures, orientation, movements, and the like of the user 102 in the real-world environment);
detecting if the user makes a second target pose different from the first target pose (para. [0030], note that when the user 102 performs a pushups activity in the real-world, the AI model may track movements of the user 102 performing the pushups activity).
Trehan disclosed most of the subject matter as described as above except for specifically teaching displaying a guide object with a trajectory extending from a current position where the avatar currently is in the immersive content along a facing direction of the user; and in response to the user making the second target pose, stopping the trajectory from extending by fixing a distal end of the guide object at a target position in the immersive content, and controlling the avatar to appear at the target position indicated by the guide object.
However, O’Dowd teaches displaying a guide object with a trajectory extending from a current position where the avatar currently is in the immersive content along a facing direction of the user (para. [0115], note that a pitcher's profile may be selected from the database 2190 by the user so that the selected pitcher's digitized avatar 2150 is displayed in the virtual reality scene 2110. The selected pitcher's profile includes video footage of the pitcher's delivery and general body movements that are part of the delivery); and in response to the user making the second target pose, stopping the trajectory from extending by fixing a distal end of the guide object at a target position in the immersive content, and controlling the avatar to appear at the target position indicated by the guide object (para. [120], note that the eye position of the batter may be acquired (2210) from the motion tracking system which tracks the batter's stereoscopic glasses (for example glasses 2102 of FIGS. 34 and 35). The position of batter's eyes is updated (2220) in real-time pitch video plane may be anchored in a way that the pitcher's pivot foot is perceived to be fixated right at the apex of the pitching mound (because of line of sight) only from the perspective of the batter as shown in FIG. 41. Also para. [0124]).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach displaying a guide object with a trajectory extending from a current position where the avatar currently is in the immersive content along a facing direction of the user; and in response to the user making the second target pose, stopping the trajectory from extending by fixing a distal end of the guide object at a target position in the immersive content, and controlling the avatar to appear at the target position indicated by the guide object. The suggestion/motivation for doing so would have been in order to maximize effective practice time for users, and help develop better players with improved decision-making skills including various pitch recognition training, which may be against replicated real-life pitchers (abs.). Therefore, it would have been obvious to combine Trehan with O’Dowd to obtain the invention as specified in claim 1.
(2) regarding claim 2:
Trehan further disclosed the avatar control method of claim 1, further comprising: when the user makes the first target pose, determining a movement mode of the avatar according to the first target pose, wherein the avatar is controlled to appear at the target position according to the movement mode (para. [0031], note that based on monitoring the user's activity, the AI model may then assign an AI assisted activity trainer i.e., a virtual expert with expertise derived from a human expert who may provide feedbacks to the users, based on user's performance).
(3) regarding claim 4:
Trehan further disclosed the avatar control method of claim 1, wherein controlling the avatar to appear at the target position comprises:
moving the avatar to the target position in a movement mode determined according to the first target pose (para. [0037], note that each of the set of avatars and their corresponding real-world users may be assigned with a personalized AI-assistive virtual expert that may provide personalized feedback to each of the set of avatars or users while engaging in a shared activity with the other users).
(4) regarding claim 7:
Trehan further disclosed the avatar control method of claim 1, further comprising: setting a speed parameter according to the first target pose, wherein the speed parameter is configured to indicate a speed at which the guide object is extended (para. [0003], note that the metaverse may include a virtual gym where the users may interact and perform activities individually or within a group to keep themself healthy and fit. These activities are controlled through a range of input devices such as controllers, keyboards, mice, virtual controllers, and gesture systems. Currently, there exist some mirror related systems that use external mechanical resistance measurement (such as, speed, distance, and weight lifted) for tracking a user's physical activity in real-world and projecting them into the metaverse).
(6) regarding claim 8:
Trehan further disclosed the avatar control method of claim 1, further comprising: obtaining the facing direction according to a head movement of the user, wherein the guide object extends along the facing direction (para. [0032], note that FIG. 1E, the AI-assisted virtual expert 112 is assisting and providing an instruction ‘keep your back straight’ to the user or the corresponding avatar 110 during the performance of crunches, thereby helping the user or the corresponding avatar 110 to perform the crunches correctly facing user avatar).
(7) regarding claim 9:
Trehan further disclosed the avatar control method of claim 1, wherein detecting if the user makes the first target pose comprises: recognizing at least one of an upper body movement and a lower body movement of the user (para. [0020], note that the user 102 performing the one or more activities may be, for example, but are not limited to, high knees, leg raises, crunches, jumping jacks, lateral squats, lunges, squats, burpees, overhead triceps, push-ups, dumbbell squat press, core scissors, elbow knee, a band lateral raise, a band lateral stretch, a hook, an uppercut, boxing, kettlebell, deadlift, dead bug, squat thrusters, yoga, or high-intensity interval training (HIIT). For the sake of explanation, in a current scenario, the user 102 may be performing a high knees activity and a leg raises activity to keep himself healthy and fit, as depicted via FIGS. 1A and 1C respectively).
(8) regarding claim 10:
Trehan further disclosed the avatar control method of claim 1, further comprising: when the user does not make the second target pose within a preset time, stopping displaying the guide object in the immersive content (para. [0078], note that e disclosed method and system may provide the AI-assistive expert that may provide on demand personalized feedback to each avatar or user performing activities. This feedback may be based on the user's current performance, previous activities, and the activities of the group. The group activities may appear to be in real-time however, in actuality they may be performed at different time and just experienced in the metaverse at the time a user is active).
The proposed rejection of claims 1-2, 4, 6-9 renders obvious the system claims 11-12, 14, 16-19 and non-transitory computer readable medium 20 because these steps occur in the operation of the proposed rejection as discussed above. Thus, the arguments similar to that presented above for claims 1-2, 4, 6-9 are equally applicable to claims 11-12, 14, 16-20.
Claim(s) 3, 5, 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trehan and O’Dowd, and further in view of Khorshid (US Publication Number 2024/0045704 A1).
(1) regarding claim 3:
Trehan further disclosed the avatar control method of claim 2, wherein determining the movement mode of the avatar according to the first target pose comprises: when the first target pose is a dynamic moving pose, setting the movement mode of the avatar to be a route mode (para. [0049], note that once the pose and the movement of the user 204 is identified, the immersive fitness device 202 may further generate an avatar corresponding to the user 204 into the metaverse or the virtual environment).
Trehan disclosed most of the subject matter as described as above except for specifically teaching wherein determining the movement mode of the avatar according to the first target pose comprises: when the first target pose is a static moving pose, setting the movement mode of the avatar to be a teleport mode.
However, Khorshid teaches wherein determining the movement mode of the avatar according to the first target pose comprises: when the first target pose is a static moving pose, setting the movement mode of the avatar to be a teleport mode (para. [0177], note that if the user is engaged with their VR headset and is interested in a certain musician, the XR assistant avatar may let the user know that a virtual concert by the musician is about to begin and help the user teleport to the correct stage platform to watch).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach wherein determining the movement mode of the avatar according to the first target pose comprises: when the first target pose is a static moving pose, setting the movement mode of the avatar to be a teleport mode. The suggestion/motivation for doing so would have been in order to enable the user to interact with the assistant system via user inputs of various modalities (e.g., audio, voice, text, image, video, gesture, motion, location, orientation) in stateful and multi-turn conversations to receive assistance from the assistant system (para. [0005]). Therefore, it would have been obvious to combine Trehan and O’Dowd with Khorshid obtain the invention as specified in claim 3.
(2) regarding claim 5:
Trehan further disclosed the avatar control method of claim 4, wherein moving the avatar to the target position in the movement mode comprises: when the movement mode is a route mode, moving the avatar from the current position to an intermediate position, and then moving the avatar from the intermediate position to the position indicated by the guide object, wherein the intermediate position is between the current position and the target position indicated by the guide object (para. [0058], note that the at least one of the pose and the movement identified may be rendered in the avatar using an XR technique. The XR technique may be utilized to enable the user to see the one or more activities performed by the avatar via a display (such as the display 212) in a way that is immersive and interactive. The one or more activities may include high knees, leg raises, crunches, jumping jacks, lateral squats, lunges, squats, burpees, overhead triceps, push-ups, dumbbell squat press, core scissors, elbow knee, a band lateral raise, a band lateral stretch, a hook, an uppercut, boxing, kettlebell, deadlift, dead bug, squat thrusters, yoga, or high-intensity interval training (HIIT).).
Trehan disclosed most of the subject matter as described as above except for specifically teaching when the movement mode is a teleport mode, teleporting the avatar immediately from the current position where the avatar currently is to the target position indicated by the guide object.
However, Khorshid disclosed when the movement mode is a teleport mode, teleporting the avatar immediately from the current position where the avatar currently is to the target position indicated by the guide object (para. [0177], note that if the user is engaged with their VR headset and is interested in a certain musician, the XR assistant avatar may let the user know that a virtual concert by the musician is about to begin and help the user teleport to the correct stage platform to watch).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to when the movement mode is a teleport mode, teleporting the avatar immediately from the current position where the avatar currently is to the target position indicated by the guide object. The suggestion/motivation for doing so would have been in order to enable the user to interact with the assistant system via user inputs of various modalities (e.g., audio, voice, text, image, video, gesture, motion, location, orientation) in stateful and multi-turn conversations to receive assistance from the assistant system (para. [0005]). Therefore, it would have been obvious to combine Trehan and O’Dowd with Khorshid obtain the invention as specified in claim 5.
The proposed rejection of claims 3 and 5 renders obvious the system claims 13 and 15 and non-transitory computer readable medium 20 because these steps occur in the operation of the proposed rejection as discussed above. Thus, the arguments similar to that presented above for claims 3 and 5 are equally applicable to claims 13 and 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Duplessie et al. (US Publication Number 2025/0050217 A1) disclosed A system uses map data of a virtual environment and object data of an avatar object including a move set to generate an action path for traversal of the virtual environment by the avatar object.
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Hilina K Demeter whose telephone number is (571) 270-1676.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, King Y. Poon could be reached at (571) 270- 0728. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILINA K DEMETER/Primary Examiner, Art Unit 2617
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