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 Amendment
1. This action is responsive to an amendment filed on 11/09/2025. Claims 1-19 are pending. Claim 20 has been canceled.
Response to Arguments
2. Applicants arguments filed in the 11/09/2025 remarks have been fully considered but are moot in view of new ground(s) of rejection which is deemed appropriate to address all of the needs at this time.
Claim Rejections - 35 USC § 103
3. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
4. Claim(s) 1, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US 2016/0100329) in view of Imai et al. (US 2022/0264002) in further view of Weisz et al. (US 10,904,488).
Regarding claim 1, Miller teaches a virtual image video call method, comprising: detecting one or more network quality indicators in a process for a video call; determining whether the one or more network quality indicators for the video call meet one or more predetermined conditions; controlling a pre-generated virtual image of a call user to be obtained when it is detected that the one or more network quality indicators for the video call meet the one or more predetermined conditions (see ¶ 0049, 0055-0057, 0088-0089. The system determines the network quality of the media streaming, this media stream can be one of a conferencing session. The system determines the network conditions in which is based on loading/congestion increase or decrease of the quality of service from the network. Based on the network conditions the system can dynamically adjusted the media content to meet the demand of the network at the time of the conditions being indicated. The system controls the image being presented depended on network conditions. The system can shift from video stream to still images during the communication.); controlling the pre-generated virtual image to be invoked, and after switching to the virtual image, detecting the one or more network quality indicators again in a virtual image call process, and when the indicators are restored to normal values continuously for a preset time period, switching the virtual image back to the interface for the video call (see ¶ 0049, 0055-0057, 0088-0089. The system controls the images being presented based on network conditions. If the network indictors determine the network load or conditions have changed (decreased). The system will change the stream to a image. However during this time, the device delays streaming the media content over the wireless network until channel conditions improve or the loading of the cell improves. Upon improvement, the system can resume video streaming. The network is constantly being checked in order to determine network quality. So having a preset period of time can vary based on system configurations. The system makes the decision to change, update and switch media in order to continue the communication during the degradation of the network. When the system determines the network is normal again, then the media stream will resume.).
Miller discloses capturing media from one device and streaming on another device, which includes conferencing room. However Miller is vague on switching an interface for the video call to the virtual image mapped with behavior of the user for display; wherein the one or more network quality indicators comprise at least one of a network speed, a packet loss rate, and a delay, and detecting the one or more network quality indicators in real time or at a fixed interval: when at least one of the following conditions is detected: the network speed is lower than a first threshold, the packet loss rate is higher than a second threshold, or the delay is higher than a third threshold.
Imai teaches wherein the one or more network quality indicators comprise at least one of a network speed, a packet loss rate, and a delay, and detecting the one or more network quality indicators in real time or at a fixed interval: when at least one of the following conditions is detected: the network speed is lower than a first threshold, the packet loss rate is higher than a second threshold, or the delay is higher than a third threshold (see ¶ 0139. Imai discloses a video conferencing wherein the network quality is determined. The system determines the network speed, packet loss rate, or delay which if the network quality is less than or equal to a predetermined threshold. This would be done in real time to determine network quality.).
Imai discloses the network quality conditions and wherein if the conditions area less than the threshold, the system decreases the frame rate. Miller discloses network conditions deteriorate and the system reducing the frame rate or changing the video steam to a still image. The combination of Imai to Miller will plausibly provide the network conditions and wherein Imai network conditions can be met in Miller to provide changeability of the stream to an still image for network condition.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller to incorporate network conditions and threshold in order to trigger a change in frame rate or image presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
Weisz teaches switching an interface for the video call to the virtual image mapped with behavior of the user for display (see col. 6, lines 10-col. 7, line 53. Based on network conditions during a video feed of a video conference, the system can provide avatars that is presented in a realistic representation of the appearance and behavior of the actual participant. This would be mapping the behavior of the real participant to the avatar.).
Weisz discloses providing a realistic avatar that mimics the actual participant during a video conference. Miller discloses network conditions deteriorate and the system reducing the frame rate or changing the video steam to a still image. The combination of Weisz to Miller and Imai will plausibly provide the network conditions and wherein the network conditions can be to provide changeability of the stream to an still image for network condition, wherein the image being presented can be an avatar the is presented during poor network conditions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller and Imai to incorporate network conditions and presenting an avatar that is mapped to user behavior for presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
Regarding claim 14, Miller teaches a terminal device, comprising: a memory, a processor, and a virtual image video call program stored on the memory and operable on the processor, wherein the virtual image video call program, when executed by the processor, implements operations comprising: detecting one or more network quality indicators in a process for a video call; determining whether the one or more network quality indicators for the video call meet one or more predetermined conditions; controlling a pre-generated virtual image of a call user to be obtained when it is detected that the one or more network quality indicators for the video call meet the one or more predetermined conditions (see ¶ 0049, 0055-0057, 0088-0089. The system determines the network quality of the media streaming, this media stream can be one of a conferencing session. The system determines the network conditions in which is based on loading/congestion increase or decrease of the quality of service from the network. Based on the network conditions the system can dynamically adjusted the media content to meet the demand of the network at the time of the conditions being indicated. The system controls the image being presented depended on network conditions. The system can shift from video stream to still images during the communication.); controlling the pre-generated virtual image to be invoked, and after switching to the virtual image, detecting the one or more network quality indicators again in a virtual image call process, and when the indicators are restored to normal values continuously for a preset time period, switching the virtual image back to the interface for the video call. (see ¶ 0049, 0055-0057, 0088-0089. The system controls the images being presented based on network conditions. If the network indictors determine the network load or conditions have changed (decreased). The system will change the stream to an image. However during this time, the device delays streaming the media content over the wireless network until channel conditions improve or the loading of the cell improves. Upon improvement, the system can resume video streaming. The network is constantly being checked in order to determine network quality. So having a preset period of time can vary based on system configurations. The system makes the decision to change, update and switch media in order to continue the communication during the degradation of the network. When the system determines the network is normal again, then the media stream will resume.).
Miller discloses capturing media from one device and streaming on another device, which includes conferencing room. However Miller is vague on switching an interface for the video call to the virtual image mapped with behavior of the user for display; wherein the one or more network quality indicators comprise at least one of a network speed, a packet loss rate, and a delay, and detecting the one or more network quality indicators in real time or at a fixed interval; when at least one of the following conditions is detected: the network speed is lower than a first threshold, the packet loss rate is higher than a second threshold, or the delay is higher than a third threshold.
Imai teaches wherein the one or more network quality indicators comprise at least one of a network speed, a packet loss rate, and a delay, and detecting the one or more network quality indicators in real time or at a fixed interval; when at least one of the following conditions is detected: the network speed is lower than a first threshold, the packet loss rate is higher than a second threshold, or the delay is higher than a third threshold (see ¶ 0139. Imai discloses a video conferencing wherein the network quality is determined. The system determines the network speed, packet loss rate, or delay which if the network quality is less than or equal to a predetermined threshold. This would be done in real time to determine network quality.).
Imai discloses the network quality conditions and wherein if the conditions area less than the threshold, the system decreases the frame rate. Miller discloses network conditions deteriorate and the system reducing the frame rate or changing the video steam to a still image. The combination of Imai to Miller will plausibly provide the network conditions and wherein Imai network conditions can be met in Miller to provide changeability of the stream to an still image for network condition.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller to incorporate network conditions and threshold in order to trigger a change in frame rate or image presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
Weisz teaches switching an interface for the video call to the virtual image mapped with behavior of the user for display (see col. 6, lines 10-col. 7, line 53. Based on network conditions during a video feed of a video conference, the system can provide avatars that is presented in a realistic representation of the appearance and behavior of the actual participant. This would be mapping the behavior of the real participant to the avatar.).
Weisz discloses providing a realistic avatar that mimics the actual participant during a video conference. Miller discloses network conditions deteriorate and the system reducing the frame rate or changing the video steam to a still image. The combination of Weisz to Miller and Imai will plausibly provide the network conditions and wherein the network conditions can be to provide changeability of the stream to an still image for network condition, wherein the image being presented can be an avatar the is presented during poor network conditions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller and Imai to incorporate network conditions and presenting an avatar that is mapped to user behavior for presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
5. Claim(s) 11, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Weisz et al. (US 10,904,488) in view of Miller et al. (US 2016/0100329) in further view of Imai et al. (US 2022/0264002).
Regarding claim 11, Weisz teaches a virtual image video call switching method, comprising: detecting whether an instruction for making a video call using a virtual image is received when it is monitored that a video call request is received or transmitted; invoking or generating the virtual image when it is detected that the instruction for making the video call using the virtual image is received, and mapping behavior of the user into the virtual image (see col. 6, lines 10-col. 7, line 53. A call is initiated and the images are provided based on network conditions for the conferencing session.); and displaying the virtual image mapped with the behavior of the user in a picture of the video call when it is detected that the video call is successfully established (see col. 6, lines 10-col. 7, line 53. Based on network conditions during a video feed of a video conference, the system can provide avatars that is presented in a realistic representation of the appearance and behavior of the actual participant. This would be mapping the behavior of the real participant to the avatar.).
Weisz discloses thresholds for network conditions and changing video image to a avatar image based on network conditions. Weisz is vague on wherein the one or more network quality indicators comprise at least one of a network speed, a packet loss rate, and a delay, and detecting the one or more network quality indicators in real time or at a fixed interval; when at least one of the following conditions is detected: the network speed is lower than a first threshold, the packet loss rate is higher than a second threshold, or the delay is higher than a third threshold, controlling the pre-generated virtual image to be invoked, and after switching to the virtual image, detecting the one or more network quality indicators again in a virtual image call process, and when the indicators are restored to normal values continuously for a preset time period, switching the virtual image back to the interface for the video call.
Miller teaches controlling the pre-generated virtual image to be invoked, and after switching to the virtual image, detecting the one or more network quality indicators again in a virtual image call process, and when the indicators are restored to normal values continuously for a preset time period, switching the virtual image back to the interface for the video call (see ¶ 0049, 0055-0057, 0088-0089. The system controls the images being presented based on network conditions. If the network indictors determine the network load or conditions have changed (decreased). The system will change the stream to an image. However during this time, the device delays streaming the media content over the wireless network until channel conditions improve or the loading of the cell improves. Upon improvement, the system can resume video streaming. The network is constantly being checked in order to determine network quality. So having a preset period of time can vary based on system configurations. The system makes the decision to change, update and switch media in order to continue the communication during the degradation of the network. When the system determines the network is normal again, then the media stream will resume.).
Weisz discloses the network quality conditions and wherein if the conditions area are measured based on a threshold parameters, the system will change video images to avatar image. Miller discloses network conditions deteriorate and the system reducing the frame rate or changing the video steam to a still image. The combination of Weisz to Miller will plausibly provide the network conditions and wherein Weisz network conditions perform a change of images in Miller to provide changeability of the stream to an still image and resume the stream based on network condition.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Weisz to incorporate network conditions and threshold in order to trigger a change in image from video to avatar image during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
Imai teaches wherein the one or more network quality indicators comprise at least one of a network speed, a packet loss rate, and a delay, and detecting the one or more network quality indicators in real time or at a fixed interval; when at least one of the following conditions is detected: the network speed is lower than a first threshold, the packet loss rate is higher than a second threshold, or the delay is higher than a third threshold (see ¶ 0139. Imai discloses a video conferencing wherein the network quality is determined. The system determines the network speed, packet loss rate, or delay which if the network quality is less than or equal to a predetermined threshold. This would be done in real time to determine network quality.).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Weisz and Miller to incorporate network conditions and threshold in order to trigger a change in frame rate or image presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
Regarding claim 13, Weisz teaches the method of claim 11, wherein the displaying of the virtual image mapped with the behavior of the user comprises: controlling a sound sensor to capture a sound of the user after it is detected that the video call is successfully established, and recognizing a mouth shape corresponding to the sound and an emotion of the user when speaking by a speech recognition algorithm; and controlling the recognized mouth shape and emotion to be mapped into a face action of the virtual image for display (see col. 6, lines 10-col. 7, line 53. Based on network conditions during a video feed of a video conference, the system can provide avatars that is presented in a realistic representation of the appearance and behavior of the actual participant. This would be mapping the behavior of the real participant to the avatar.).
6. Claim(s) 2, 3, 4 are rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US 2016/0100329) in view of Imai et al. (US 2022/0264002) in further view of Weisz et al. (US 10,904,488) in further view of Wang et al. (US 2019/0268467).
Regarding claim 2, Imai and Weisz does not teach the method of claim1, further comprising: before detecting of the one or more network quality indicators, presetting one or more predetermined conditions for the one or more network quality indicators, and controlling an interface for the video call to be switched to the virtual image for display when it is detected in the process for the video call that a network state for the video call meets the predetermined conditions; and presetting the virtual image used for the video call when the one or more network quality indicators meet the one or more predetermined conditions.
Miller teaches controlling an interface for the video call to be switched to the virtual image for display when it is detected in the process for the video call that a network state for the video call meets the predetermined conditions; and presetting the virtual image used for the video call when the one or more network quality indicators meet the one or more predetermined conditions (see ¶ 0049, 0055-0057, 0088-0089. The system controls the images being presented based on network conditions. If the network indictors determine the network load or conditions have changed (decreased). The system will change the stream to an image. However during this time, the device delays streaming the media content over the wireless network until channel conditions improve or the loading of the cell improves. Upon improvement, the system can resume video streaming. The network is constantly being checked in order to determine network quality. So having a preset period of time can vary based on system configurations. The system makes the decision to change, update and switch media in order to continue the communication during the degradation of the network. When the system determines the network is normal again, then the media stream will resume.).
Wang teaches before detecting of the one or more network quality indicators, presetting one or more predetermined conditions for the one or more network quality indicators (see ¶ 0132-136. The system is able to detect the network quality wherein the system is able to detect signal quality and process video/audio or both based on the preset network conditions in a determining manner.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller, Imai and Weisz to incorporate network quality and having a preset condition to determine if the network meets preset conditions or not. The modification provides to have a preset network condition and determine based on the network conditions if the preset condition have been met or not.
Regarding claim 3, Miller, Weisz and Wang do not teach the method of claim 2, wherein the determining of whether the one or more network quality indicators for the video call meet the one or more predetermined conditions comprises: the one or more network quality indicators comprising a network speed, a packet toss rate, and a delay, detecting at least one of: whether the network speed is lower than a first value, whether the packet loss rate is higher than a second value, or whether the delay is higher than a third value.
Imai teaches wherein the determining of whether the one or more network quality indicators for the video call meet the one or more predetermined conditions comprises: the one or more network quality indicators comprising a network speed, a packet toss rate, and a delay, detecting at least one of: whether the network speed is lower than a first value, whether the packet loss rate is higher than a second value, or whether the delay is higher than a third value (see ¶ 0139. Imai discloses a video conferencing wherein the network quality is determined. The system determines the network speed, packet loss rate, or delay which if the network quality is less than or equal to a predetermined threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Weisz, Miller and Wang to incorporate network conditions and threshold in order to trigger a change in frame rate or image presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
Regarding claim 4, Miller teaches the method of claim 3, wherein the controlling the pre- generated virtual image of the call user to be obtained comprises: controlling the pre-generated virtual image of the call user to be invoked when at least one of following items is detected: (network conditions) (see ¶ 0049, 0055-0057, 0088-0089. The system controls the images being presented based on network conditions. If the network indictors determine the network load or conditions have changed (decreased). The system will change the stream to an image. However during this time, the device delays streaming the media content over the wireless network until channel conditions improve or the loading of the cell improves. Upon improvement, the system can resume video streaming. The network is constantly being checked in order to determine network quality. So having a preset period of time can vary based on system configurations. The system makes the decision to change, update and switch media in order to continue the communication during the degradation of the network. When the system determines the network is normal again, then the media stream will resume.).
Miller, Weisz and Wang do not teach the network speed is lower than the first value, the packet loss rate is higher than the second value, or the delay is higher than the third value.
Imai teaches the network speed is lower than the first value, the packet loss rate is higher than the second value, or the delay is higher than the third value (see ¶ 0139. Imai discloses a video conferencing wherein the network quality is determined. The system determines the network speed, packet loss rate, or delay which if the network quality is less than or equal to a predetermined threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Weisz, Miller and Wang to incorporate network conditions and threshold in order to trigger a change in frame rate or image presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
7. Claim(s) 5, 6, 18, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US 2016/0100329) in view of Imai et al. (US 2022/0264002) in further view of Weisz et al. (US 10,904,488).
Regarding claim 5, Miller and Imai do not teach the method of claim 1, wherein the switching of the interface for the video call to the virtual image comprises: switching an interface for the video call to a virtual image for display; capturing behavior of the user through at least one of a camera or a sound sensor of a mobile terminal; and mapping the behavior of the user into the virtual image for display
Weisz teaches wherein the switching of the interface for the video call to the virtual image comprises: switching an interface for the video call to a virtual image for display; capturing behavior of the user through at least one of a camera or a sound sensor of a mobile terminal; and mapping the behavior of the user into the virtual image for display (see col. 6, lines 10-col. 7, line 53. Based on network conditions during a video feed of a video conference, the system can provide avatars that is presented in a realistic representation of the appearance and behavior of the actual participant. This would be mapping the behavior of the real participant to the avatar.).
Weisz discloses providing a realistic avatar that mimics the actual participant during a video conference. Miller discloses network conditions deteriorate and the system reducing the frame rate or changing the video steam to a still image. The combination of Weisz to Miller and Imai will plausibly provide the network conditions and wherein the network conditions can be to provide changeability of the stream to an still image for network condition, wherein the image being presented can be an avatar the is presented during poor network conditions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller and Imai to incorporate network conditions and presenting an avatar that is mapped to user behavior for presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
Regarding claim 6, Miller and Weisz do not teach he method of claim 1, wherein the detecting of the one or more network quality indicators comprises: detecting the one or more network quality indicators in the process for the video call in real time or at a fixed interval
Imai teaches wherein the detecting of the one or more network quality indicators comprises: detecting the one or more network quality indicators in the process for the video call in real time or at a fixed interval (see ¶ 0139. Imai discloses a video conferencing wherein the network quality is determined. The system determines the network speed, packet loss rate, or delay which if the network quality is less than or equal to a predetermined threshold. This would be done in real time to determine network quality.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Weisz, Miller to incorporate network conditions and threshold in order to trigger a change in frame rate or image presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
Regarding claim 18, Miller and Imai do not teach the terminal device of claim 14, wherein the switching of the interface for the video call to the virtual image comprises: switching an interface for the video call to a virtual image for display; capturing behavior of the user through at least one of a camera or a sound sensor of a mobile terminal; and mapping the behavior of the user into the virtual image for display.
Weisz teaches wherein the switching of the interface for the video call to the virtual image comprises: switching an interface for the video call to a virtual image for display; capturing behavior of the user through at least one of a camera or a sound sensor of a mobile terminal; and mapping the behavior of the user into the virtual image for display (see col. 6, lines 10-col. 7, line 53. Based on network conditions during a video feed of a video conference, the system can provide avatars that is presented in a realistic representation of the appearance and behavior of the actual participant. This would be mapping the behavior of the real participant to the avatar.).
Weisz discloses providing a realistic avatar that mimics the actual participant during a video conference. Miller discloses network conditions deteriorate and the system reducing the frame rate or changing the video steam to a still image. The combination of Weisz to Miller and Imai will plausibly provide the network conditions and wherein the network conditions can be to provide changeability of the stream to an still image for network condition, wherein the image being presented can be an avatar the is presented during poor network conditions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller and Imai to incorporate network conditions and presenting an avatar that is mapped to user behavior for presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
Regarding claim 19, Miller and Weisz do not teach the terminal device of claim 14, wherein the processor is further configured to perform the operations comprising: detecting the one or more network quality indicators in the process for the video call in real time or at a fixed interval.
Imai teaches wherein the detecting of the one or more network quality indicators comprises: detecting the one or more network quality indicators in the process for the video call in real time or at a fixed interval (see ¶ 0139. Imai discloses a video conferencing wherein the network quality is determined. The system determines the network speed, packet loss rate, or delay which if the network quality is less than or equal to a predetermined threshold. This would be done in real time to determine network quality.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Weisz, Miller to incorporate network conditions and threshold in order to trigger a change in frame rate or image presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
8. Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US 2016/0100329) in view of Imai et al. (US 2022/0264002) in further view of Weisz et al. (US 10,904,488) in further view of NI et al. (US 2018/0332178).
Regarding claim 7, Miller, Imai and Weisz do not teach the method of claim 1, wherein the one or more predetermined conditions are set by the user based on a usage habit and a usage feeling.
Ni teaches wherein the one or more predetermined conditions are set by the user based on a usage habit and a usage feeling (see ¶ 0018, 0042-0044. The preset condition can be based on user attribute, which user operation habit includes a frequency of use, a time of use, a geographical location of use, a network condition of use, a user identity of use, and the like. when an input operation of a user is received, obtaining a current operation environment corresponding to the usage limitation condition. Presetting may be setting the usage limitation condition for the application by the mobile terminal according to received user input.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller, Imai and Weisz to incorporate Presetting may be setting the usage limitation condition for the application by the mobile terminal according to received user input. The modification provides user input for a predetermined condition set by the user.
9. Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US 2016/0100329) in view of Imai et al. (US 2022/0264002) in further view of Weisz et al. (US 10,904,488) in further view of Goodman et al. (US 2014/0176662) in further view of Panayiotou et al. (US 2021/0056376).
Regarding claim 8, Miller, Imai Weisz do not teach the method of claim 1, further comprising: before the controlling of the pre-generated virtual image of the call user to be obtained, recognizing a face of each of one or more call users currently performing the video call is recognized to check whether the call user has respective one of preset virtual images; in response to the call user having the preset virtual image, invoking the preset virtual image directly
Goodman teaches before the controlling of the pre-generated virtual image of the call user to be obtained, recognizing a face of each of one or more call users currently performing the video call is recognized to check whether the call user has respective one of preset virtual images; in response to the call user having the preset virtual image, invoking the preset virtual image directly (see fig. 1, abstract, ¶ 0020-0023. A video calling service may request an avatar for the user from the video avatar service when the user sends or receives a video call, may receive the requested avatar, and may incorporate the received avatar into the video stream of the video call. Therefore the system generates an avatar that has been selected when detecting a request for a video call. The avatar is presented, the user is talking, the avatar associated with the user may be modified to include moving lips. An implementation described herein may further relate to determining a facial expression for an avatar based on user input. A user may select an avatar facial expression from a set of icons, wherein each icon represents a facial expression. A user may manipulate an avatar image to generate an avatar facial expression. When the user sends or receives a video call, video avatar system may identify the selected avatar and may provide the selected avatar to be incorporated into a video stream of a video call associated with the user. As another example, when the user sends or receives a video call, a video stream from user device associated with the user may be directed to video avatar system. Video avatar system may analyze images in the video stream to determine a facial expression made by the user and select an avatar image that includes a facial expression that correspond to the determined facial expression.).
Miller, Imai, Weisz and Goodman do not teach in response to the call user not having the preset virtual image, allocating a template virtual image to the call user for the video call.
Panayiotou in response to the call user not having the preset virtual image, allocating a template virtual image to the call user for the video call (see ¶ 0135. The system retrieves from a template which includes an avatar that coincides with an participant.).
The combination of Panayiotou to Miller, Imai, Weisz and Goodman provides a template that is retrieve from a an content engine and provided to be displayed as the participant.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller, Imai, Weisz and Goodman to incorporate a system retrieves from a template which includes an avatar that coincides with an participant. The modification provides user avatar from a retrieved template.
10. Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US 2016/0100329) in view of Imai et al. (US 2022/0264002) in further view of Weisz et al. (US 10,904,488) in further view of Goodman et al. (US 2014/0176662) in further view of Panayiotou et al. (US 2021/0056376) in further view of Gronau et al. (US 2022/0051412).
Regarding claim 9, Miller, Imai, Weisz, Goodman and Panayiotou do not teach the method of claim 8, further comprising: in response to the call user not having the preset virtual image, generating and storing a virtual image including one or more appearance features of the call user by an algorithm based on to appearance information of the call user captured by a camera of a terminal, to enable the call user to invoice the preset virtual image of the call user when the call user makes the video call again later.
Gronau teaches in response to the call user not having the preset virtual image, generating and storing a virtual image including one or more appearance features of the call user by an algorithm based on to appearance information of the call user captured by a camera of a terminal, to enable the call user to invoice the preset virtual image of the call user when the call user makes the video call again later (see ¶ 0680-0692. Upon a user not having a stored avatar, the system will generate one from the visual image of the user and provide the avatar to implemented in a conference call when permitted.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller, Imai, Weisz, Goodman and Panayiotou to incorporate creating an avatar from a user image to be incorporated into the conferencing session. The modification provides generating a user avatar from a captured image and generating it in a conferencing session.
11. Claim(s) 10, 15, 16, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US 2016/0100329) in view of Imai et al. (US 2022/0264002) in further view of Weisz et al. (US 10,904,488).
Regarding claim 10, Miller teaches the method of claim 1, further comprising: after the switching of the interface for the video call to the virtual image, detecting one or more network quality indicators in a process for a virtual image call, and switching the virtual image to the interface for the video call when the one or more network quality indicators are restored to normal values continuously for a preset time period (see ¶ 0049, 0055-0057, 0088-0089. The system controls the images being presented based on network conditions. If the network indictors determine the network load or conditions have changed (decreased). The system will change the stream to an image. However during this time, the device delays streaming the media content over the wireless network until channel conditions improve or the loading of the cell improves. Upon improvement, the system can resume video streaming. The network is constantly being checked in order to determine network quality. So having a preset period of time can vary based on system configurations. The system makes the decision to change, update and switch media in order to continue the communication during the degradation of the network. When the system determines the network is normal again, then the media stream will resume.).
Regarding claim 15, Miller and Imai do not teach the terminal device of claim 14, wherein the processor is further configured to perform the operations comprising: presetting one or more predetermined conditions for the one or more network quality indicators, and controlling an interface for the video call to be switched to the virtual image for display when it is detected in the process for the video call that a network state for the video call meets the predetermined conditions; and presetting the virtual image used for the video call when the one or more network quality indicators meet the one or more predetermined conditions.
Weisz teaches wherein the processor is further configured to perform the operations comprising: presetting one or more predetermined conditions for the one or more network quality indicators, and controlling an interface for the video call to be switched to the virtual image for display when it is detected in the process for the video call that a network state for the video call meets the predetermined conditions; and presetting the virtual image used for the video call when the one or more network quality indicators meet the one or more predetermined conditions (see col. 6, lines 10-col. 7, line 53. Based on network conditions during a video feed of a video conference, the system can provide avatars that is presented in a realistic representation of the appearance and behavior of the actual participant. This would be mapping the behavior of the real participant to the avatar. The images and the thresholds are defined by a user.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller and Imai to incorporate network quality and having a preset condition to determine if the network meets preset conditions or not. The modification provides to have a preset network condition and determine based on the network conditions if the preset condition have been met or not.
Regarding claim 16, Miller and Weisz do not teach do not teach the terminal device of claim 15, wherein the processor is further configured to perform the operations comprising: the one or more network quality indicators comprising a network speed, a packet loss rate, and a delay, detecting at least one of: whether the network speed is lower than a first value, whether the packet loss rate is higher than a second value, or whether the delay is higher than a third value.
Imai teaches wherein the processor is further configured to perform the operations comprising: the one or more network quality indicators comprising a network speed, a packet loss rate, and a delay, detecting at least one of: whether the network speed is lower than a first value, whether the packet loss rate is higher than a second value, or whether the delay is higher than a third value (see ¶ 0139. Imai discloses a video conferencing wherein the network quality is determined. The system determines the network speed, packet loss rate, or delay which if the network quality is less than or equal to a predetermined threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Weisz, Miller to incorporate network conditions and threshold in order to trigger a change in frame rate or image presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
Regarding claim 17, Miller does not teaches the terminal device of claim 16, wherein the processor is further configured to perform the operations comprising: controlling the pre-generated virtual image of the call user to be invoked when at least one of following items is detected: the network speed is lower than the first value, the packet loss rate is higher than the second value, or the delay is higher than the third value.
Weisz teaches wherein the processor is further configured to perform the operations comprising: controlling the pre-generated virtual image of the call user to be invoked when at least one of following items is detected (see col. 6, lines 10-col. 7, line 53. Based on network conditions during a video feed of a video conference, the system can provide avatars that is presented in a realistic representation of the appearance and behavior of the actual participant. This would be mapping the behavior of the real participant to the avatar. The images and the thresholds are defined by a user.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miller and Imai to incorporate network quality and having a preset condition to determine if the network meets preset conditions or not. The modification provides to have a preset network condition and determine based on the network conditions if the preset condition have been met or not.
Imai teaches : the network speed is lower than the first value, the packet loss rate is higher than the second value, or the delay is higher than the third value. (see ¶ 0139. Imai discloses a video conferencing wherein the network quality is determined. The system determines the network speed, packet loss rate, or delay which if the network quality is less than or equal to a predetermined threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Weisz, Miller to incorporate network conditions and threshold in order to trigger a change in frame rate or image presentation during a conferencing session. The modification provides to improve communication while have a decrease in network quality.
12. Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Weisz et al. (US 10,904,488) in view of Miller et al. (US 2016/0100329) in further view of Imai et al. (US 2022/0264002) in view of Yamasaki et al. (US 9,996,940).
Regarding claim 12, Weisz, Miller, Imai do not teach the method of claim 11, further comprising: before monitoring receiving or transmitting of the video call request, presetting a virtual image for the video call or presetting an algorithm for automatically generating the virtual image based on one or more appearance features of the user.
Yamasaki teaches before monitoring receiving or transmitting of the video call request, presetting a virtual image for the video call or presetting an algorithm for automatically generating the virtual image based on one or more appearance features of the user (see col. 2, lines 57-65. One or more source devices are further configured to generate an avatar that approximates the face of the person. The one or more source devices are further configured to receive a user input indicating a facial avatar to use. The one or more source devices are further configured to select the avatar based on the user input. The one or more source devices are configured to select the avatar prior to transmitting the avatar to the destination device.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Weisz, Miller, Imai to incorporate generating an avatar that can be selected by a user prior to transmitting the avatar to a destination device. The modification provides generating a user avatar and the user selecting the avatar prior to transmission.
Conclusion
13. 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 ASSAD MOHAMMED whose telephone number is (571)270-7253. The examiner can normally be reached 9:00AM-5:00PM.
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/ASSAD MOHAMMED/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691