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 .
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.
DETAILED ACTION
This communication is in response to Application No. 18/626,772 filed on 04 April 2024. The election response presented on 27 May 2026 which elects without traverse to Group I. Such claims include claims 1-18. Claims 1-18 are currently pending and subject to examination.
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-18 in the reply filed on 27 May 2026 is acknowledged.
In view of the election, claims 19-20 are hereby withdrawn from consideration without prejudice or disclaimer. Applicant reserves the right to file one or more continuation or divisional applications directed to the subject matter of the withdrawn claims. Applicant further reserves the right to request Rejoinder of the withdrawn claims.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 1-5, 8, 10-14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jacobsen et al. (US 2009/0099836 A1); in view of Kumar et al. (US 2023/0093963 A1).
Regarding claim 1, Jacobsen teaches A method, comprising: receiving, by a first wireless communication device, a signal from a second wireless communication device, the signal including information for obtaining a model from a server used by the first wireless communication device to generate an avatar associated with a user of the second wireless communication device ([paragraph 0011, 0058, 0109] describes a first wireless communication device, a second wireless communication device and a server [paragraph 0136, 0153, 0156-0158] describes receiving, by a first wireless communication device, a control signal from a second wireless communication device, the control signal including information for obtaining a model from a server used by the first wireless communication device to provide an avatar which is a representation of a two dimensional character or model associated with a user of the second wireless communication device);
Jacobsen fails to teach transmitting, by the first wireless communication device to a core network, a request to retrieve the model from the server, the request identifying a data size of the model and an address of the server; and receiving, by the first wireless communication device via the core network from the server, data corresponding to the model from the server, the data prioritized by the core network according to the request.
However, Kumar teaches transmitting, by the first wireless communication device to a core network, a request to retrieve the model from the server, the request identifying a data size of the model and an address of the server ([paragraph 0190, 0200] describes wireless communication device such as base station (e.g. first wireless communication device) and UE (e.g. second wireless device) and a model repository (MR) server [paragraph 0002, 0062, 0121-0122, 0172, 0220] describes receiving, by a base station (e.g. first wireless communication device), a signal from a UE (e.g. second wireless device) and signal including information for obtaining AI model from a MR server and transmitting by the base station (e.g. the first wireless communication device) to a wireless communication network or any communication network (e.g. core network), a request to download/retrieve the AI model from the MR server and request identifying data measurement or size of the AI model and address of MR server);
and receiving, by the first wireless communication device via the core network from the server, data corresponding to the model from the server, the data prioritized by the core network according to the request ([paragraph 0095-0096, 0121-0123] describes receiving, by the base station (e.g. the first wireless communication device) via the wireless communication network or any communication network (e.g. core network) from the MR server, data corresponding to the AI model from the server, the data prioritized by the core network according to the request and AI model information may further include data prioritized by the wireless communication network (e.g. core network) according to the request).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jacobsen to include transmitting, by the first wireless communication device to a core network, a request to retrieve the model from the server, the request identifying a data size of the model and an address of the server and receiving, by the first wireless communication device via the core network from the server, data corresponding to the model from the server, the data prioritized by the core network according to the request as taught by Kumar. One of ordinary skill in the art would be motivated to utilize the teachings of Jacobsen in the Kumar system in order to retrieve model information ([paragraph 0017] in Kumar).
Regarding claim 2, the combination of Jacobsen and Kumar teaches the method, wherein the information includes the address of the server and the data size of the model (Kumar: [paragraph 0172, 0233, 0236] describes information includes data measurement or size of the AI model and address of MR server).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jacobsen to include wherein the information includes the address of the server and the data size of the model as taught by Kumar. One of ordinary skill in the art would be motivated to utilize the teachings of Jacobsen in the Kumar system in order to provide various information ([paragraph 0236] in Kumar).
Regarding claim 3, the combination of Jacobsen and Kumar teaches the method, wherein the first wireless communication device receives the signal from the second wireless communication device, to establish a communication session between the first wireless communication device and the second wireless communication device (Jacobsen: [paragraph 0058, 0065-0066] describes the first wireless communication device receives the control signal from the second wireless communication device and establish a two-way, or bidirectional wireless communication link between the first wireless communication device and the second wireless communication device which can send and receive data (e.g. establish a communication session)).
Regarding claim 4, the combination of Jacobsen and Kumar teaches the method, further comprising receiving, by the first wireless communication device, an identity code corresponding to the user of the second wireless communication device (Jacobsen: [paragraph 0092, 0165] describes receiving, by the first wireless communication device, a caller identification data includes custom code (e.g. identity code) corresponding to the user of the second wireless communication device).
Regarding claim 5, the combination of Jacobsen and Kumar teaches the method, wherein the identity code is received in the signal from the second wireless communication device (Jacobsen: [paragraph 0092, 0162, 0165] describes the caller identification data includes custom code (e.g. the identity code) is received in the control signal from the second wireless communication device).
Regarding claim 8, the combination of Jacobsen and Kumar teaches the method, further comprising: configuring, by the first wireless communication device, the model received from the server using an identity code received from the second wireless communication device, to generate the avatar associated with the user of the second wireless communication device (Jacobsen: [paragraph 0092, 0153-0158, 0162, 0165] describes configuring by the first wireless communication device the obtained model received from the server using the caller identification data includes custom code (e.g. the identity code) which is received in the control signal from the second wireless communication device to provide an avatar which is a representation of a two dimensional character or model associated with a user of the second wireless communication device).
Regarding claim 10, this claim contains limitations found within that of claim 1 and the same rationale to rejection is used except for the claim 10 A first wireless communication device, comprising: a wireless transceiver; and one or more processors configured to. In the combination, Jacobsen teaches A first wireless communication device, comprising: a wireless transceiver; and one or more processors configured to ([paragraph 0067, 0118] describes a first wireless communication device comprising a Bluetooth transceiver and processor).
Regarding claims 11-14, this claims contain limitations found within that of claims 2-5 and the same rationale to rejection is used.
Regarding claim 17, this claim contains limitations found within that of claim 8 and the same rationale to rejection is used.
Claims 6-7 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Jacobsen et al. (US 2009/0099836 A1); in view of Kumar et al. (US 2023/0093963 A1); and further in view of MA et al. (US 2023/0103418 A1).
Regarding claim 6, Jacobsen and Kumar fails to teach the method, wherein a session management function (SMF) of the core network instructs a user plane function (UPF) of the core network to prioritize the data corresponding to the model from the server, by applying a downlink data burst indicator to data received from the server.
However, MA teaches the method, wherein a session management function (SMF) of the core network instructs a user plane function (UPF) of the core network to prioritize the data corresponding to the model from the server, by applying a downlink data burst indicator to data received from the server ([paragraph 0111, 0121-0122, 0153, 0163-0167] describes the UPF of core network may receive the first characteristic information related to forwarding priority, and a packet loss rate, for data packets of the service data flow from an SMF of the core network corresponding to model from the server by applying a downlink data burst type to data received from the server).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jacobsen/Kumar to include wherein a session management function (SMF) of the core network instructs a user plane function (UPF) of the core network to prioritize the data corresponding to the model from the server, by applying a downlink data burst indicator to data received from the server as taught by MA. One of ordinary skill in the art would be motivated to utilize the teachings of Jacobsen/Kumar in the MA system in order to implement appropriate control on data that needs to be sent to improve efficiency of data transmission ([paragraph 0004] in MA).
Regarding claim 7, the combination of Jacobsen, Kumar and MA teaches the method, wherein the downlink data burst indicator is applied to an amount of data received from the server equal to the data size of the model (MA: [paragraph 0121-0123, 0138-0141] describes the downlink data burst type is applied to amount of data sent from the server related to size of data packet in the model).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jacobsen/Kumar to include wherein the downlink data burst indicator is applied to an amount of data received from the server equal to the data size of the model as taught by MA. One of ordinary skill in the art would be motivated to utilize the teachings of Jacobsen/Kumar in the MA system in order to implement appropriate control on data that needs to be sent to improve efficiency of data transmission ([paragraph 0004] in MA).
Regarding claims 15-16, this claims contain limitations found within that of claims 6-7 and the same rationale to rejection is used.
9. Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Jacobsen et al. (US 2009/0099836 A1); in view of Kumar et al. (US 2023/0093963 A1); and further in view of Topfl et al. (US 2004/0128350 A1).
Regarding claim 9, Jacobsen and Kumar fails to teach the method, further comprising: receiving, by the first wireless communication device, an expression code and an audio stream from the second wireless communication device; rendering, by the first wireless communication device, the avatar of the user according to the expression code; and rendering, by the first wireless communication device, the audio stream synchronized with the rendering of the avatar.
However, Topfl teaches the method, further comprising: receiving, by the first wireless communication device, an expression code and an audio stream from the second wireless communication device ([paragraph 0017, 0028] describes first participant client having computer device (e.g. first wireless communication device) and second participant client having computer device (e.g. second wireless communication device) [paragraph 0028, 0056-0057] describes receiving by first participant client having computer device (e.g. first wireless communication device), an facial expression with a markup language expressing specific actions (e.g. expression code) and an audio stream from second participant client having computer device (e.g. second wireless communication device));
rendering, by the first wireless communication device, the avatar of the user according to the expression code ([paragraph 0012, 0042, 0050, 0056-0057] describes first participant client having computer device (e.g. first wireless communication device) is rendering avatar of user participant and rendering is performed using facial expression with a markup language expressing specific actions (e.g. expression code));
and rendering, by the first wireless communication device, the audio stream synchronized with the rendering of the avatar ([paragraph 0012, 0042, 0050, 0056-0057] describes audio stream can be put into the virtual space and used as a controller to drive the avatar's facial expressions to "mouth" the words and avatar's behavior may be controlled by synchronizing it's facial expressions to the voice of the participant, a markup language expressing specific actions, or a combination of these technologies. An avatar's facial expressions may be synchronized to a participant's voice such that an emphasis in the participant's voice may lead an avatar to act in a certain way, for example, acting excited).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jacobsen/Kumar to include receiving, by the first wireless communication device, an expression code and an audio stream from the second wireless communication device; rendering, by the first wireless communication device, the avatar of the user according to the expression code; and rendering, by the first wireless communication device, the audio stream synchronized with the rendering of the avatar as taught by Topfl. One of ordinary skill in the art would be motivated to utilize the teachings of Jacobsen/Kumar in the Topfl system in order to provide a video conference to be effective, conference participants must be able to clearly view everything that takes place in a location, including people, presentations, and facial expressions ([paragraph 0006] in Topfl).
Regarding claim 18, this claim contains limitations found within that of claim 9 and the same rationale to rejection is used.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
- Chen et al., US 2023/0222721 A1, a method for generating an avatar within a video communication platform.
- Wang et al., US 2020/0103961 A1, Touch detection may include determining, based on data from an IMU on a first device that monitors movement of a touching object.
- Kaytaz et al., US 9402057 B2, an apparatus and methods which integrates users' avatars into IP-based calling and messaging telecommunication services.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEHULKUMAR J SHAH whose telephone number is (571)272-1072. The examiner can normally be reached Mon-Fri, 6:05 am-3:55 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TONIA DOLLINGER can be reached at 571-272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.J.S/Examiner, Art Unit 2459 /TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459
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