DETAILED ACTION
Status
This Office Action is responsive to claims filed on 03/19/2024. Please note Claims 1-28 are pending and have been examined.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-51 of U.S. Patent No. 12374069. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-28 of instant application are anticipated by claims 1-51 of U.S. Patent No. 12374069.
Instant Application
U.S. Patent No. 12374069
1. A computer system configured to communicate with one or more display generation components, comprising:
one or more processors; and
memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
1. A computer system configured to communicate with one or more display generation components, comprising: one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
displaying, via the one or more display generation components and within a three-dimensional environment, a real-time communication user interface that corresponds to a real-time communication session between a user of the computer system and one or more participants in the real-time communication session different from the user of the computer system,
displaying, via the one or more display generation components and within a three-dimensional environment, a real-time communication user interface that corresponds to a real-time communication session between a user of the computer system and one or more participants in the real-time communication session different from the user of the computer system;
wherein displaying the real-time communication user interface includes displaying a first spatially-constrained representation of a first participant of the one or more participants in the real-time communication session, wherein the first spatially-constrained representation of the first participant includes:
displaying, via the one or more display generation components, a first spatially-constrained representation of a first participant of the one or more participants in the real-time communication session, wherein the first spatially-constrained representation of the first participant includes:
a first portal; and
a first portal that has a spatial position in the three-dimensional environment that is determined by the computer system; and
a first three-dimensional representation of the first participant that is displayed within the first portal, and
a first visual representation of the first participant that moves based on detected movement of the first participant, wherein the first visual representation is displayed at least partially within the first portal;
while displaying the real-time communication user interface, including the first spatially-constrained representation of the first participant, receiving an indication of detected movement by the first participant; and
Claim 3. The computer system of claim 1, wherein the first visual representation of the first participant is a three-dimensional representation that moves within the first portal based on detected movement of the first participant.
Claim 1. …while displaying the first spatially-constrained representation of the first participant within the real-time communication user interface, detecting a request from a respective participant in the real-time communication session to transition from a spatially-constrained representation mode, in which the first participant in the real-time communication session is visually represented using the first spatially-constrained representation, to a spatially-flexible representation mode, in which the first participant in the real-time communication session is visually represented using a first spatially-flexible representation, wherein the spatially-flexible representation mode is different from the spatially-constrained representation mode; and in response to detecting the request from the respective participant in the real-time communication session to transition from the spatially-constrained representation mode to the spatially-flexible representation mode:
in response to receiving the indication of detected movement by the first participant, displaying, via the one or more display generation components, movement of the first three-dimensional representation within the first portal.
displaying, via the one or more display generation components, the first spatially-flexible representation of the first participant that moves based on detected movement of the first participant and has a spatial position in the three-dimensional environment relative to one or more other objects in the three-dimensional environment that is determined at least in part based on movement of the first participant, wherein the spatially-flexible representation mode includes one of displaying the first participant without the first portal, displaying the first participant with the first portal having a non-visible border, and displaying the first participant with the first portal having a partially surrounding border.
Claim Rejections - 35 USC § 102
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 1-4, 23, 27 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valdivia (US 20180095616 A1, cited on IDS 4/7/2025).
Regarding Claim 1, Valdivia discloses a computer system configured to communicate with one or more display generation components, comprising:
one or more processors; and
memory storing one or more programs configured to be executed by the one or more processors ([0226] “In particular embodiments, memory 5604 includes main memory for storing instructions for processor 5602 to execute or data for processor 5602 to operate on.”), the one or more programs including instructions for:
displaying, via the one or more display generation components and within a three-dimensional environment, a real-time communication user interface that corresponds to a real-time communication session between a user of the computer system and one or more participants in the real-time communication session different from the user of the computer system ([0171] “FIG. 27 illustrates an example of a user in a virtual room browsing a friend list. In particular embodiments, the virtual reality system may allow for real-time virtual communications among users.”), wherein displaying the real-time communication user interface includes displaying a first spatially-constrained representation of a first participant of the one or more participants in the real-time communication session ([0174] “In this example, when the callee-user accepts the communication request, one or more windows may appear within the game environment (e.g., on a corner of the display) displaying the videos or avatars of other users part of the communication session.”), wherein the first spatially-constrained representation of the first participant includes:
a first portal ([0174] “one or more windows”); and
a first three-dimensional representation of the first participant that is displayed within the first portal ([0174] “one or more windows may appear within the game environment (e.g., on a corner of the display) displaying the videos or avatars of other users part of the communication session.”), and
while displaying the real-time communication user interface, including the first spatially-constrained representation of the first participant, receiving an indication of detected movement by the first participant ([0171] “The avatars may move in real-time to reflect motions made by the respective users. As an example and not by way of limitation, when a user raises a right hand, the avatar of the user may correspondingly raise its hand.”); and
in response to receiving the indication of detected movement by the first participant, displaying, via the one or more display generation components, movement of the first three-dimensional representation within the first portal ([0171] “when a user raises a right hand, the avatar of the user may correspondingly raise its hand.”).
Regarding Claim 2, Valdivia discloses the computer system of claim 1, the one or more programs further including instructions for: while displaying the first spatially-constrained representation of the first participant, detecting movement by the user of the computer system that shifts a viewpoint of the user of the computer system relative to the first spatially-constrained representation of the first participant ([0176] “The other users in this example may move the window object around the virtual room.”); and in response to detecting the movement by the user of the computer system: moving the first three-dimensional representation of the first participant within the first portal based on the detected movement by the user of the computer system ([0176] “In particular embodiments, moving the window object may adjust the perspective of the user associated with the window object (e.g., the user who is not using a virtual reality system).”).
Regarding Claim 3, Valdivia discloses the computer system of claim 2, wherein moving the first three-dimensional representation of the first participant within the first portal based on the detected movement by the user of the computer system comprises moving the first three-dimensional representation of the first participant within the first portal after a first delay period after detecting the movement by the user of the computer system (Valdivia’s detection, processing and rendering steps all require a period of time. Each or all of these time periods teaches the claimed “first delay”).
Regarding Claim 4, Valdivia discloses the computer system of claim 2, wherein moving the first three-dimensional representation of the first participant within the first portal based on the detected movement by the user of the computer system comprises moving the first three-dimensional representation of the first participant in a horizontal direction while maintaining a depth of the first three-dimensional representation of the first participant within the first portal ([0176] “The other users in this example may move the window object around the virtual room” implies the claimed feature).
Regarding Claim 23, Valdivia discloses the computer system of claim 1, wherein displaying the first spatially-constrained representation of the first participant comprises concurrently displaying: a first section of the first three-dimensional representation of the first participant within the first portal ([0174] “one or more windows may appear within the game environment (e.g., on a corner of the display) displaying the videos or avatars of other users part of the communication session.”); and a second section of the first three-dimensional representation of the first participant extending outside of the first portal ([0009] “In particular embodiments, part of a virtual space may display items outside of the current virtual environment (e.g., slides, photos, video streams of other users).”).
Regarding Claim 27, it recites similar limitations of claim 1 but in a medium form. The rationale of claim 1 rejection is applied to reject claim 27.
Regarding Claim 28, it recites similar limitations of claim 1 but in a method form. The rationale of claim 1 rejection is applied to reject claim 28.
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 of this title, 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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Valdivia (US 20180095616 A1), in view of FAULKNER (US 20190004639 A1).
Regarding Claim 5, Valdivia discloses the computer system of claim 1, the one or more programs further including instructions for: while displaying the first spatially-constrained representation of the first participant, detecting, via one or more input devices, a gaze input by the user of the computer system ([0005] “In particular embodiments, the virtual reality system may provide for a method of interacting with a virtual space by way of a “gaze input,” i.e., an input that is associated with the gaze of a user in the virtual space.”); and in response to detecting the gaze input by the user of the computer system: in accordance with a determination that the gaze input is directed toward the first spatially-constrained representation of the first participant, displaying the first spatially-constrained representation of the first participant in an activated form; and in accordance with a determination that the gaze input is not directed toward the first spatially-constrained representation of the first participant, displaying the first spatially-constrained representation of the first participant with the first spatially-constrained representation of the first participant in an deactivated form ([0005] “As another example and not by way of limitation, gaze input may be used to activate “hit targets,” or regions associated with a virtual object or an interactive element (e.g., to pick up a virtual object, to browse or navigate through content).”).
Valdivia does not expressly disclose the first spatially-constrained representation of the first participant turned to face the user of the computer system or the first spatially-constrained representation of the first participant turned away from facing the user of the computer system.
However, in the same field of endeavor, FAULKNER discloses in accordance with a determination that the gaze input is directed toward the first spatially-constrained representation of the first participant, displaying the first spatially-constrained representation of the first participant turned to face the user of the computer system; and in accordance with a determination that the gaze input is not directed toward the first spatially-constrained representation of the first participant, displaying the first spatially-constrained representation of the first participant with the first spatially-constrained representation of the first participant turned away from facing the user of the computer system ([0040] “In some embodiments, the movements of the living avatar may be based on other inputs (for example, typing, speech, or gestures). For example, when the user enters an emoji, the face of the avatar may animate based on the feeling, emotion, or action represented by the emoji. In another example, a user may perform a gesture, which is not mimicked by the avatar, but is instead used to trigger a particular animation or sequence of animations in the avatar. In another example, a voice command, for example, followed by a keyword to activate the voice command function, does not result in the avatar speaking, but is instead used to trigger a particular animation or sequence of animations in the avatar. In some embodiments, the avatar may perform default movements (for example, blinking, looking around, looking toward the graphical representation of the active collaborator, or the like), such as when no movement is detected in the received live data or when live data associated with a user is unavailable. Similarly, a live avatar may stay still or appear to sleep when a user is muted, on hold, checked out, or otherwise not actively participating in the virtual meeting.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Valdivia with the feature of turning the representation of the first participant to face toward or face away from the user of computer system based on the gaze input of the user. Doing so could enhance the user experience.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Valdivia (US 20180095616 A1), in view of Safaei (US 20160227172 A1).
Regarding Claim 6, Valdivia discloses the computer system of claim 1, but does not expressly disclose the claimed features related to view angles
However, in the same field of endeavor, Safaei discloses wherein displaying the first spatially-constrained representation of the first participant comprises: in accordance with a determination that a position of the user of the computer system with respect to the first spatially-constrained representation of the first participant is at a first angle with respect to the first spatially-constrained representation of the first participant, displaying a first portion of the first three-dimensional representation without displaying a second portion of the first three-dimensional representation ([0086] “The server 201 determines a location orientation and angle of line-of-sight of each avatar with respect to each other within the virtual environment. The media stream displayed to the corresponding user is generated based on the location, orientation and angle of line-of-sight for the corresponding avatar.” [0008] “For example, the video may be partially occluded or the avatar may be rotated and some parts of the video requiring lower quality due to perspective variations.”); and in accordance with a determination that the position of the user of the computer system with respect to the first spatially-constrained representation of the first participant is at a second angle with respect to the first spatially-constrained representation of the first participant different from the first angle, displaying the first portion and the second portion of the first three-dimensional representation ([0196] “The near and far clipping planes are located at 0.3, 1000 m respectively and camera has a 60 degree vertical viewing angle (fovy) with aspect ratio of 4:3. Size of the video surface is configured in a way that its projection on the screen at 1 m distance (0,0,1) from the camera eye is exactly 512×512 pixels.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Valdivia with the feature of displaying and/or hiding portions of the virtual representation based on view angle. Doing so could enhance user experience.
Regarding Claim 7, Valdivia-Safaei discloses the computer system of claim 6, wherein displaying the first portion of the first three-dimensional representation without displaying the second portion of the first three-dimensional representation comprises forgoing display of the second portion of the first three-dimensional representation based on a determination that the second portion of the first three-dimensional representation is within a threshold proximity of the first portal (Safaei [0196] “The near and far clipping planes are located at 0.3, 1000 m respectively...”).
Claims 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Valdivia (US 20180095616 A1), in view of Gandhi (US 20240236259 A1).
Regarding Claim 24, Valdivia discloses the computer system of claim 1. In the same field of endeavor, Gandhi discloses the first spatially-constrained representation of the first participant further comprises background content displayed within the first portal; and the background content displayed within the first portal is selected by the first participant ([0019] “When the virtual background is available for sharing, another participant may select and use the virtual background. When the other participant selects the virtual background, the virtual background or the text used to generate the virtual background may be shared with the other participant”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Valdivia with the feature of displaying user-selected background content. Doing so could improve user experience.
Regarding Claim 25, Valdivia discloses the computer system of claim 1. In the same field of endeavor, Gandhi discloses the first spatially-constrained representation of the first participant further comprises first background content displayed within the first portal; and the first background content includes visual content that is determined based on a first three-dimensional environment that surrounds the user of the computer system ([0035] “The virtual background of image 300 may have been generated based on the user saying, for example, “Okay videoconferencing service, change the background to something elegant.” Meeting server(s) 110 may identify conditions associated with the user's environment (e.g., “the user is standing”) and the user's preferences (e.g., elegant=museum, castle, yacht) and AI-based image generator 140 may generate the “large room in a museum with clear lighting” illustrated in image 300 based on the user's description, the environment conditions, and the user's preferences.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Valdivia with the feature of displaying background content determined based on the environment surrounding the user of the system. Doing so could improve user experience.
Regarding Claim 26, Valdivia discloses the computer system of claim 1. In the same field of endeavor, Gandhi discloses the first spatially-constrained representation of the first participant further comprises second background content displayed within the first portal; and the second background content includes visual content that is determined based on a first three-dimensional environment that surrounds the first participant ([0035] “Meeting server(s) 110 may identify conditions associated with the user's environment (e.g., “the user is standing”) and the user's preferences (e.g., elegant=museum, castle, yacht) and AI-based image generator 140 may generate the “large room in a museum with clear lighting” illustrated in image 300 based on the user's description, the environment conditions, and the user's preferences.” [0019] “When the virtual background is available for sharing, another participant may select and use the virtual background. When the other participant selects the virtual background, the virtual background or the text used to generate the virtual background may be shared with the other participant”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the system of Valdivia with the feature of displaying background content determined based on the environment surrounding a participant. Doing so could improve user experience.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHONG WU whose telephone number is (571)270-5207. The examiner can normally be reached MON-FRI: 9AM-5PM EST.
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/CHONG WU/Primary Examiner, Art Unit 2613