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 Objections
Claims 13-15 are objected to because of the following informalities: The claims include two sentences. A claim must begin with capital letter and ends with a period..
“Periods may not be used elsewhere in the claims except for abbreviations. See Fressola v. Manbeck, 36 USPQ2d 1211 (D.D.C. 1995).” See MPEP 608.01(m).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 recites the limitation "the audio characteristics of the user and/or the other entity" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the original character" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the original case" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the original product in the movie or TV show" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the original visual attributes" in line 2; “the users’ characteristics” in line 2 and “the transformation of the acting style” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the possibility to integrate with virtual reality technology" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the possibility to create and construct computer-generated virtual actors" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the possibility to create a movie by selecting from existing films or TV shows" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the original voice of the cast" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the possibility for movies and TV shows to be crafted with actors in green suits" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The claims merely recite “the system of claim 1” without further constituting a further limitation of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. See MPEP 608.01 for proper format of claims.
Claims 9-10, 12-17 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The claims merely recite “the system of claim 1 provides…”, without further limiting the subject matter of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. See MPEP 608.01 for proper format of claims.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shah et al. (US Pat. No. 11, 652, 921 hereinafter referred as Shah).
Regarding claim 1, Shah discloses a system configured to integrate visual and audio representations of real-world users into existing media content, the system comprising:
non-transitory electronic storage storing profile information, the profile information defining user-visual information and user-audio information, the user-visual information defining visual characteristics of a user and/or an other entity, the user-audio information defining audio characteristics of the user (see col. 1 lines 41-67; providing an agent interaction presented as a celebrity or other character of choice is less boring and potentially attractive; interaction with agent is personalized; an overlay/augment/replace the agent voice and/or face is provided to present the customer with the agent having the voice and/or face of the desired persona; see col. 2 lines 1-26; image-type to be used to provide the celebrity’s face; the agent’s video and audio streams are processed through the AI algorithms which analyze the video and audio stream in real time and use the trained data I order to layover the facial images; another set of AI algorithms are fed with audio stream of agent and the audio manipulated by AI with the help of voice samples data provided through training database to layover the agent speaking, smiling etc.; see also figures 1-2 and 6); and one or more physical processors configured by machine-readable instructions to:
obtain media content selected by a user, the media content depicting at least one character, the media content including visual representations and audio representations of the character (see col. 2 lines 20 -67; the selection of the celebrity may be made from any notable person; contact center enable a particular persona; see col. 12 lines 42-45 audio-video is selected);
identify, within the media content, instances of the visual representations and audio representations of the character (see col. 13 line 61-col. 14 line 25, celebrity attributes);
for each of the instances of the visual representations of the character, effectuate a replacement the visual representations of the character in the media content with the visual characteristics of the user and/or the other entity (see col. 14 line 61-col. 15 line 10);
for each of the instances of the audio representations of the character, effectuate a replacement the audio representations of the character in the media content with the audio characteristics of the user and/or the other entity (see col. 14 line 61-col. 15 line 10);
format and save modified media content including the media content reflecting the replacement of the visual representations of the character in the media content with the visual characteristics of the user and/or the other entity, and the replacement the audio representations of the character in the media content with the audio characteristics of the user and/or the other entity; and effectuate a playback of the modified media content (see col. 12 line 42-col. 13 line 11 and figure 2).
Regarding claim 2, Shah discloses the replacement of the visual representations of the character in the media content with the visual characteristics of the user and/or the other entity; and/or the replacement the audio representations of the character in the media content with the audio characteristics of the user and/or the other entity are accomplished via deepfake software (see col. 13 lines 12-29, abstract and “other publications”).
Regarding claim 3, Shah discloses the visual representations of the character are computer-generated animations, and the visual characteristics of the user that replace the visual representations of the character are computer-generated animations (see col. 2 lines 7-10 and lines 21-26).
Regarding claim 4, Shah discloses the computer-generated animations for the visual characteristics of the user are generated from a real-world image of the user (see col. 2 lines 7-10).
Regarding claim 5, Shah discloses the visual characteristics of the other entity that replace the visual representations of the character are computer-generated animations (see col. 2 lines 7-10 and lines 21-26).
Regarding claim 6, Shah discloses the visual characteristics of the other entity that replace the visual representations of the character are real-world images (see col. 2 lines 7-26 and col. 13 lines 9-29).
Regarding claim 7, Shah discloses the audio characteristics of the other entity that replace the audio representations of the character are synthetic audio (see col. 2 lines 7-10 and 16-19).
Regarding claim 8, Shah discloses the audio characteristics of the other entity that replace the audio representations of the character are real-world recorded audio (see col. 13 lines 6-14).
Regarding claim 9, Shah discloses the system provides the possibility of retaining the original character's audio while allowing users to modify the accent to their preferred choice, all while maintaining the original voice and tone (see col. 14 line 61-col. 15 line 11).
Regarding claim 10, Shah discloses the system provides the possibility to replace characters with either younger or older versions of the original cast (see col. 3 lines 1-10).
Regarding claim 11, Shah discloses the visual representations of the product are altered, leading to the substitution of the original product in the movie or TV show with a similar item from a different brand (see col. 12 lines 42-64).
Regarding claim 12, Shah discloses the system provides the possibility to keep the visual representations of the character in the media content, preserving either the original visual attributes or the users’ characteristics, while also allowing for the transformation of the acting style to match that of another character (see col. 13 line 60-col. 14 line 25).
Regarding claim 13, Shah discloses the system provides the possibility to integrate with virtual reality technology. This integration allows the audience to dynamically recast movies in real- time while they are being watched in theaters (see col. 2 lines 20-26 and col. 19 lines 28-51).
Regarding claim 14, Shah discloses the system provides the possibility to create and construct computer- generated virtual actors using artificial intelligence and deep fake techniques. These actors possess attributes that mirror the visual, audio, and acting style of the user and/ or another entity (see col. 2 lines 1-26 and col. 13 lines 12-29).
Regarding claim 15, Shah discloses the system provides the possibility to create a movie by selecting elements from existing films or TV shows. In this context, users can generate a movie by defining the genre, offering a brief idea, and specifying actors. The system then assembles the movie by extracting content from existing media and seamlessly editing it together (see col. 12 lines 42-64).
Regarding claim 16, Shah discloses the system provides the possibility to change the original language of media content to a preferred one, all while preserving the original voice of the cast (see col. 3 lines 51-62; col. 12 lines 4-15 and col. 11 lines 14-27).
Regarding claim 17, Shah discloses the system provides the possibility for movies and TV shows to be crafted with actors in green suits, while granting users the ability to cast the actors according to their preferences (see col. 2 lines 7-10 and col. 4 lines 7-14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELEN SHIBRU whose telephone number is (571)272-7329. The examiner can normally be reached M-TR 8:00AM-5:00PM.
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/HELEN SHIBRU/Primary Examiner, Art Unit 2484 February 6, 2025