Prosecution Insights
Last updated: July 15, 2026
Application No. 18/637,730

DYNAMIC MOTION OF A VIRTUAL MEETING PARTICIPANT VISUAL REPRESENTATION TO INDICATE AN ACTIVE SPEAKER

Non-Final OA §101§103
Filed
Apr 17, 2024
Examiner
PEREN, VINCENT ROBERT
Art Unit
2617
Tech Center
2600 — Communications
Assignee
Google LLC
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
270 granted / 389 resolved
+7.4% vs TC avg
Strong +20% interview lift
Without
With
+19.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
13 currently pending
Career history
403
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
78.7%
+38.7% vs TC avg
§102
10.5%
-29.5% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 389 resolved cases

Office Action

§101 §103
DETAILED ACTION Election/Restrictions Applicant’s election without traverse of Species I (i.e., the species of claims 1-9) in the reply filed on March 9, 2026 is acknowledged. Status of Claims Applicant’s amendment filed on March 9, 2026 has been entered. No claims have been amended. Claims 10-20 have been canceled and new claims 21-31 have been added. Thus, claims 1-9 and 21-31 are currently pending in this application, with claims 1, 21 and 29 being independent. Notice of 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 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. Obligation Under 37 CFR 1.56 – Joint Inventors This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Drawings The drawings were received on April 17, 2024. These drawings are acceptable. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 29-31 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. As per the published guidelines (1351 OG 212; Feb. 23, 2010) regarding subject-matter eligibility of computer readable media, the United States Patent and Trademark Office (USPTO) is obliged to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zletz, 893 F.2d 319 (Fed. Cir. 1989) (during patent examination the pending claims must be interpreted as broadly as their terms reasonably allow). The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2. The USPTO recognizes that applicants may have claims directed to computer readable media that cover signals per se, which the USPTO must reject under 35 U.S.C. § 101 as covering both non-statutory subject matter and statutory subject matter. In an effort to assist the patent community in overcoming a rejection or potential rejection under 35 U.S.C. § 101 in this situation, the USPTO suggests the following approach. A claim drawn to such a computer readable medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation "non-transitory" to the claim. Cf. Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (suggesting that applicants add the limitation "non-human" to a claim covering a multi-cellular organism to avoid a rejection under 35 U.S.C. § 101). Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se. The limited situations in which such an amendment could raise issues of new matter occur, for example, when the specification does not support a non-transitory embodiment because a signal per se is the only viable embodiment such that the amended claim is impermissibly broadened beyond the supporting disclosure. See, e.g., Gentry Gallery, Inc. v. Berkline Corp., 134 F.3d 1473 (Fed. Cir. 1998). Regarding claims 29-31, claims 29-31 are rejected because, although claims 29-31 recite a “non-transitory computer readable medium”, in paragraph [0086] of the Specification applicant states that “a non-transitory machine-readable storage medium” can also be referred to as a “computer-readable storage medium.” However, subsequently in paragraph [0087] of the Specification applicant states that the terms “computer-readable storage medium” and “machine-readable storage medium” should be taken to include “any medium that is capable of storing, encoding or carrying a set of instructions for execution by the machine”, thereby equating the “non-transitory machine-readable storage medium” recited in paragraph [0086] to a transitory carrier wave carrying a set of instructions (i.e., “any medium that is capable of storing, encoding or carrying a set of instructions for execution by the machine”, emphasis added.). Signal can be considered as a medium that is capable of storing, encoding or carrying a set of instructions for execution by the machine. Thus, the Examiner asserts that the claimed “non-transitory computer readable medium” can be a transitory signal, which is non-statutory. In order to overcome the rejection of claims 29-31 under 35 U.S.C. § 101, the examiner recommends amending paragraphs [0086]-[0087 of the Specification to clearly define “non-transitory computer readable medium” as excluding an encoded carrier wave, i.e., a transitory signal “medium”. 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: Determining the scope and contents of the prior art; Ascertaining the differences between the prior art and the claims at issue; Resolving the level of ordinary skill in the pertinent art; and Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-3, 5-7, 21-23, 25-27 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over VAN OS et al. (US 2019/0342519, hereinafter “VAN OS”) in view of TRAN (US 2022/0385859). Regarding claim 21, TRAN discloses a system (e.g., FIG. 1A: “Portable Multifunction Device 100”, FIG. 3 and/or FIG. 5B; ¶ [0056]: “Below, FIGS. 1A-1B, 2, 3, 4A-4B, and 5A-5H provide a description of exemplary devices for performing the techniques for a live communication session between multiple participants.”) comprising: a memory (e.g., FIG. 1A: “Memory 102”), and one or more hardware processors (e.g., FIG. 1A: “Processor(s) 120”), coupled to the memory (e.g., As shown in FIG. 1A, Processor(s) 120 are connected through Controller 122 to Memory 102), the one or more hardware processors configured to perform operations comprising: causing a virtual meeting user interface (UI) to be presented during a virtual meeting between a plurality of participants (¶ [0242]: “As illustrated in FIG. 6G, in response to receiving user input 650C, device 600 displays live communication interface 628 of a live communication application.”), the virtual meeting UI comprising a plurality of regions (e.g., as shown in FIG. 6L, the respective regions of the display occupied by representation 670A and representation 670B; Also see FIG. 8C-8Z, etc.) each corresponding to a participant of the plurality of participants (¶ [0248]: “As illustrated in FIG. 6L, after device 600 has joined the live communication session, device 600 displays live communication user interface 656 including a representation 658 of the user of device 600, a representation 670A of participant Pablo (e.g., the participant that initiated the live communication session) and representation 670B of participant Stephen. In accordance with the communication status indicated in list 648, representation 670A of participant Pablo includes a live video stream. Since participant Stephen is providing only audio data, representation 670B of participant Pablo includes an avatar. In some embodiments, the layout of the representations on live communication user interface 656 is based on the number of participants currently connected to the live communication session (e.g., two participants and the user of device 600). The layout illustrated in FIG. 6L is referred to as a 2-on-1 layout, with a first position corresponding to the position of representation 670A and a second position corresponding to the position of representation 670B.”), wherein: the plurality of regions comprises a first region corresponding to a first participant (e.g., ¶ [0248]: “representation 670B of participant Stephen.”; ¶ [0305]: “Stephen is indicated by primary representation 810E”) of the plurality of participants (e.g., ¶ [0248]: “representation 658 of the user of device 600, a representation 670A of participant Pablo (e.g., the participant that initiated the live communication session) and representation 670B of participant Stephen.” ¶ [0304]: “primary representation 810E of the most recently joined participant above representation 810B of the existing participant”) (See, at least, FIG. 6L and FIG. 8J. ¶ [0248]: “As illustrated in FIG. 6L, after device 600 has joined the live communication session, device 600 displays live communication user interface 656 including a representation 658 of the user of device 600, a representation 670A of participant Pablo (e.g., the participant that initiated the live communication session) and representation 670B of participant Stephen. In accordance with the communication status indicated in list 648, representation 670A of participant Pablo includes a live video stream. Since participant Stephen is providing only audio data, representation 670B of participant Pablo includes an avatar. In some embodiments, the layout of the representations on live communication user interface 656 is based on the number of participants currently connected to the live communication session (e.g., two participants and the user of device 600). The layout illustrated in FIG. 6L is referred to as a 2-on-1 layout, with a first position corresponding to the position of representation 670A and a second position corresponding to the position of representation 670B.” ¶ [0304]: “Turning to FIG. 8I, a third participant, Stephen, joins the live communication session. As illustrated in FIG. 8I, in response to participant Stephen joining the live communication session, device 600 transitions from display of the 1-on-1 layout of FIG. 8H to the 2-on-1 layout, with primary representation 810E of the most recently joined participant above representation 810B of the existing participant (other than the user of device 600). In some embodiments, device 600 displays notification 812 and/or generates an audio or haptic output indicating that a participant has joined the live communication session, as illustrated in FIG. 8I. In some embodiments, since a new primary representation is displayed when participant Stephen joins the live communication session, device 600 refrains from displaying notification 812 or generating an audio or haptic output, as primary representation 810E serves as an indication that a participant has joined the live communication session.” ¶ [0305]: “Participant Stephen joins the live communication session in an audio only mode and provides live audio data without video. The audio-only communication status of participant Stephen is indicated by primary representation 810E and notification 812. Primary representation 810E indicates the audio-only communication status by displaying the participant's name and an avatar associated with the participant. Notification 812 indicates the communication status with text (“JOINED THIS CALL WITH AUDIO”). As illustrated in FIG. 8J, device 600 ceases to display notification 812 (e.g., after a predetermined amount of time after participant Stephen joins the live communication session).” ¶ [0306]: “In some embodiments, in response to receiving data indicating that a participant that is joined via audio only is actively participating (e.g., speaking), device 600 displays a visual indication on the representation of the participant who is speaking. In FIG. 8J, the representative image (e.g., avatar) within primary representation 810E is animated (e.g., with “voice circles”) to indicate that participant Stephen is speaking.”), and the first region (e.g., the region of the user interface 656 displayed in FIG. 6L occupied by the ¶ [0248]: “representation 670B of participant Stephen.” and, similarly, the region of the user interface displayed in FIG. 6L occupied by the ¶ [0304]: “primary representation 810E”) comprises a first visual representation including an avatar of the first participant (e.g., ¶ [0306]: “In FIG. 8J, the representative image (e.g., avatar) within primary representation 810E” As shown in FIG. 8I, the representation 810E of STEPHEN includes a square 810E containing a circle around an image (i.e., avatar) of STEPHEN.), the first visual representation (e.g., FIG. I: “primary representation 810E”) having a first visual characteristic associated with first participant data of the first participant (e.g., as shown in FIG. 8I, the circle around the avatar of Stephen in the primary representation 810E indicating audio only mode. ¶ [0305]: “The audio-only communication status of participant Stephen is indicated by primary representation 810E and notification 812. Primary representation 810E indicates the audio-only communication status by displaying the participant's name and an avatar associated with the participant.”) (See, at least, FIG. 6I, FIG. 6L and FIG. 8J. ¶ [0248]: “As illustrated in FIG. 6L, after device 600 has joined the live communication session, device 600 displays live communication user interface 656 including a representation 658 of the user of device 600, a representation 670A of participant Pablo (e.g., the participant that initiated the live communication session) and representation 670B of participant Stephen. In accordance with the communication status indicated in list 648, representation 670A of participant Pablo includes a live video stream. Since participant Stephen is providing only audio data, representation 670B of participant Pablo includes an avatar. In some embodiments, the layout of the representations on live communication user interface 656 is based on the number of participants currently connected to the live communication session (e.g., two participants and the user of device 600). The layout illustrated in FIG. 6L is referred to as a 2-on-1 layout, with a first position corresponding to the position of representation 670A and a second position corresponding to the position of representation 670B.” ¶ [0304]: “Turning to FIG. 8I, a third participant, Stephen, joins the live communication session. As illustrated in FIG. 8I, in response to participant Stephen joining the live communication session, device 600 transitions from display of the 1-on-1 layout of FIG. 8H to the 2-on-1 layout, with primary representation 810E of the most recently joined participant above representation 810B of the existing participant (other than the user of device 600). In some embodiments, device 600 displays notification 812 and/or generates an audio or haptic output indicating that a participant has joined the live communication session, as illustrated in FIG. 8I. In some embodiments, since a new primary representation is displayed when participant Stephen joins the live communication session, device 600 refrains from displaying notification 812 or generating an audio or haptic output, as primary representation 810E serves as an indication that a participant has joined the live communication session.” ¶ [0305]: “Participant Stephen joins the live communication session in an audio only mode and provides live audio data without video. The audio-only communication status of participant Stephen is indicated by primary representation 810E and notification 812. Primary representation 810E indicates the audio-only communication status by displaying the participant's name and an avatar associated with the participant. Notification 812 indicates the communication status with text (“JOINED THIS CALL WITH AUDIO”). As illustrated in FIG. 8J, device 600 ceases to display notification 812 (e.g., after a predetermined amount of time after participant Stephen joins the live communication session).” ¶ [0306]: “In some embodiments, in response to receiving data indicating that a participant that is joined via audio only is actively participating (e.g., speaking), device 600 displays a visual indication on the representation of the participant who is speaking. In FIG. 8J, the representative image (e.g., avatar) within primary representation 810E is animated (e.g., with “voice circles”) to indicate that participant Stephen is speaking.”); determining that the first participant is a current speaker of the virtual meeting (¶ [0306]: “In some embodiments, in response to receiving data indicating that a participant that is joined via audio only is actively participating (e.g., speaking), device 600 displays a visual indication on the representation of the participant who is speaking. In FIG. 8J, the representative image (e.g., avatar) within primary representation 810E is animated (e.g., with “voice circles”) to indicate that participant Stephen is speaking.”); animating the first visual representation (e.g., ¶ [0306]: “animated (e.g., with “voice circles”) to indicate that participant Stephen is speaking.”) to indicate that the first participant is the current speaker of the virtual meeting (e.g., ¶ [0306]: “animated (e.g., with “voice circles”) to indicate that participant Stephen is speaking.”) (¶ [0306]: “In some embodiments, in response to receiving data indicating that a participant that is joined via audio only is actively participating (e.g., speaking), device 600 displays a visual indication on the representation of the participant who is speaking. In FIG. 8J, the representative image (e.g., avatar) within primary representation 810E is animated (e.g., with “voice circles”) to indicate that participant Stephen is speaking.”). Whereas VAN OS may not be explicit as to, TRAN teaches: determining, while the first participant is speaking during the virtual meeting (e.g., ¶ [0042]: “participant 314c has begun talking”), that the first participant data of the first participant has changed (e.g., ¶ [0042]: “has an increased engagement level.” ¶ [0042]: “the participant's 314c increased engagement level.”) (¶ [0042]: “In contrast, participant 314c has begun talking as well, and has an increased engagement level. For example, the participant 314c may have laughed at something said by participant 314a. The presentation container 302c has changed to be bigger and move closer to presentation containers 302a and 302b, and is now shaking, to show the change in the participant's 314c increased engagement level.”); determining, based on the changed first participant data of the first participant (e.g., ¶ [0042]: “has an increased engagement level.” ¶ [0042]: “the participant's 314c increased engagement level.”), a second visual characteristic (e.g., ¶ [0042]: “The presentation container 302c has changed to be bigger and move closer to presentation containers 302a and 302b” ) for the first visual representation (e.g., ¶ [0042]: “presentation container 302c”) (¶ [0042]: “In contrast, participant 314c has begun talking as well, and has an increased engagement level. For example, the participant 314c may have laughed at something said by participant 314a. The presentation container 302c has changed to be bigger and move closer to presentation containers 302a and 302b, and is now shaking, to show the change in the participant's 314c increased engagement level.”); and causing the first visual representation (e.g., ¶ [0042]: “presentation container 302c”) being animated to have the second visual characteristic (e.g., ¶ [0042]: “changed to be bigger and move closer”) to indicate that the first participant is the current speaker of the virtual meeting and that the first participant data has changed (e.g., ¶ [0042]: “changed to be bigger and move closer to presentation containers 302a and 302b, and is now shaking,”) (¶ [0031]: “For example, participant A may have a higher engagement level than participant B. In that case, participant A's container may be adjusted to be larger than participant B's container to visually indicate A's higher engagement level. In various embodiments, adjusting the size and position of the container includes animating the container, such as by changing the container's shape, moving the container in a certain manner, or other animations. In various embodiments, the magnitude of the adjustment to the size or position of the container is based on the engagement level of the participant represented by the container. FIGS. 3A and 3B show an example of how the presentation containers can change based on the engagement levels. In various embodiments, the changes in the presentation containers occur relative to one or more other presentation containers. For example, as the engagement level for participant A increases participant A's container may grow larger and move towards the top of the screen, while a second participant B's container may shrink smaller and move towards the bottom of the screen even though participant B's engagement level remains unchanged.” ¶ [0042]: “In contrast, participant 314c has begun talking as well, and has an increased engagement level. For example, the participant 314c may have laughed at something said by participant 314a. The presentation container 302c has changed to be bigger and move closer to presentation containers 302a and 302b, and is now shaking, to show the change in the participant's 314c increased engagement level.” ¶ [0044]: “In some embodiments, one or more of the presentation containers 302a-302d may have a filter applied to alter the representation of the participant 314a-314d based on the participant's engagement level. In some embodiments, text, symbols, icons, or graphics may be applied to one or more of the presentation containers 302a-302d based on the participant's engagement level. For example, a sun icon may be added to a presentation container representing a highly engaged participant. In contrast, a storm cloud icon may be added to a presentation container representing a non-engaged participant.”). Thus, in order to obtain a more versatile and user friendly virtual meeting system having the cumulative features and/or functionalities taught by VAN OS and TRAN, it would have been obvious to one of ordinary skill in the art to have modified the virtual meeting system taught by VAN OS so as to include determining, while the first participant is speaking during the virtual meeting, that the first participant data of the first participant has changed; determining, based on the changed first participant data of the first participant, a second visual characteristic for the first visual representation; and causing the first visual representation being animated to have the second visual characteristic to indicate that the first participant is the current speaker of the virtual meeting and that the first participant data has changed, as taught by TRAN. Regarding claim 22 (depends on claim 21), VAN OS discloses: wherein the first participant data indicates a virtual meeting role of the first participant (¶ [0238]: “As illustrated in FIG. 6D, full screen notification 616 includes the name of the group (“THE DREAM TEAM”), names of participants currently active in the live communication session (“PABLO & STEPHEN”), and the name of the participant who originally initiated the live communication session or who initiated the reminder (“PABLO”).” NOTE: Although in the example PABLO initiates the live communication session, clearly STEPHEN could have likewise have initiated the session and would thus be indicated as the participant who initiated the live communication session.). Regarding claim 23 (depends on claim 21), VAN OS discloses: wherein the first participant data indicates a virtual meeting group associated with the first participant (See FIG. 6D: “THE DREAM TEAM PABLO & STEPHEN” ¶ [0238]: “As illustrated in FIG. 6D, full screen notification 616 includes the name of the group (“THE DREAM TEAM”), names of participants currently active in the live communication session (“PABLO & STEPHEN”), and the name of the participant who originally initiated the live communication session or who initiated the reminder (“PABLO”).” NOTE: Although in the example PABLO initiated the virtual meeting, STEPHEN could also have been the one to initiate virtual meeting. Nevertheless, in the example, STEPHEN is still associated with the virtual meeting group. ¶ [0242]: “As illustrated in FIG. 6G, in response to receiving user input 650C, device 600 displays live communication interface 628 of a live communication application. Live communication interface 628 includes an indication of the group (“THE DREAM TEAM”), an image (e.g., video of a user of device 600 from a camera on the front of device 600 (e.g., camera 603)), an indication of the participants that are currently active in the live communication session (“PABLO & STEPHEN”), an indication of the participant that initiated the live communication session (“VIDEO CALL FROM PABLO”), and call control menu 630. Call control menu 630 includes handle affordance 631 effects affordance 632, call affordance 634, and menu affordance 636,” ). Regarding claim 25 (depends on claim 21), VAN OS discloses: wherein the first participant data indicates a status of the avatar of the first participant ([¶ 0244]: “As illustrated in FIG. 6H, the affordances of participants in list 648 include an indication of the communication status of the respective participant with respect to the live communication session. Representation 648A indicates that participant Pablo is connected to the live communication session and is providing video data (e.g., a live media stream including video and audio data). Representation 648B indicates that participant Stephen is connected and providing audio data (e.g., no video). Representations 648C and 648D indicate that participants Marcel and Allison, respectively, are not connected to the live communication session (e.g., not providing video and audio data). Participants that are not connected have either never joined the live communication session or have previously joined and then left the live communication session. Exemplary participant communication status types include audio-only (e.g., participant is communication using audio only); video (e.g., participant is talking using video and audio); video paused (e.g., participant's video is paused); video not decoded (e.g., participants video stream cannot be processed because of latency issues, issues with the format of the video stream, etc.); left (e.g., participant has left the live communication session); and waiting to join (e.g., participant was invited to the live communication session but has not joined the live communication session yet).”). Regarding claim 26 (depends on claim 21), VAN OS discloses: wherein the first visual characteristic comprises a shape of the first visual representation (e.g., as shown in FIG. 8I, the circle around the avatar of Stephen in the primary representation 810E indicating audio only mode. ¶ [0305]: “The audio-only communication status of participant Stephen is indicated by primary representation 810E and notification 812. Primary representation 810E indicates the audio-only communication status by displaying the participant's name and an avatar associated with the participant.”). Regarding claim 27 (depends on claim 21), VAN OS discloses: wherein the first visual characteristic comprises at least one of a color of the first visual representation or a size of the first visual representation (¶ [0019]: “The one or more programs including instructions for: displaying a live video communication user interface that includes concurrently displaying a representation of a first participant in a live video communication session, a representation of a second participant in the live video communication session, and a representation of a third participant in the live video communication session; while displaying the live video communication user interface, receiving data indicating that an activity level of the second participant in the live video communication session has increased above the activity level of the first participant in the live video communication session; and in response to receiving the data indicating that the activity level of the second participant in the live video communication session has increased above the activity level of the first participant in the live video communication session: changing a size and/or position of the representation of the first participant in the live video communication user interface; changing a size and/or position of the representation of the second participant in the live video communication user interface; and changing a size and/or position of the representation of the third participant in the live video communication user interface.” ¶ [0312]: “In some embodiments, the configuration of a layout is dynamically changed in response to receiving data indicating that a participant is actively participating in the live communication session. In FIG. 8M, device 600 receives data indicating that participant Hoan, corresponding to primary representation 810G is actively participating. As illustrated in FIG. 8M, in response to receiving data indicating that the participant corresponding to primary representation 810G is actively participating, device 600 enlarges primary representation 810G from the small representation size to a medium representation size and reduces primary representation 810B from a medium representation size to the small representation size. In this way, the 4-on-1 layout maintains one small sized representation, two medium sized representations, and one large sized representation.” NOTE: When a participant is speaking they are actively participating. Thus, in the case that STEPHEN is speaking (i.e., actively participating) the size of STEPHEN’S primary representation 810E would likewise be enlarged.). Regarding claims 1-3 and 5-7, claims 1-3 and 5-7 are directed, respectively, to the method(s) implemented by the system of claim 21-23 and 25-27, and as such, claims 1-3 and 5-7 are rejected for the same reasons applied in the rejection of claims 21-23 and 25-27. Regarding claims 29, claim 29 is directed to a computer readable medium comprising instructions for causing one or more processors to implement the method of claim 1, and as such, claim 29 is rejected for the same reasons applied in the rejection of claim 1. Regarding claim 30, claim 30 is directed to a computer readable medium comprising instructions for causing one or more processors to implement the method of claims 2, 3 or 5, and as such, claim 30 is rejected for the same reasons applied in the rejections of claims 2, 3 and 5. Allowable Subject Matter Claims 4, 8-9, 24, 28 and 31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion At present, it is not apparent to the examiner which part of the application could serve as a basis for new and allowable claims. However, should the applicant nevertheless regard some particular matter as patentable, the examiner encourages applicant to appropriately amend the claims to include such matter and to indicate in the REMARKS the difference(s) between the prior art and the claimed invention as well as the significance thereof. Furthermore, should applicant decide to amend the claims, examiner respectfully requests that the applicant please indicate in the REMARKS from which page(s), line(s) or claim(s) of the originally filed application that any amendments are derived. See MPEP § 2163(II)(A) (There is a strong presumption that an adequate written description of the claimed invention is present in the specification as filed, Wertheim, 541 F.2d at 262, 191 USPQ at 96; however, with respect to newly added or amended claims, applicant should show support in the original disclosure for the new or amended claims.). A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of this action. Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action. Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 USC § 133). Relevant Prior Art The following prior art, although not relied upon, is made of record since it is considered pertinent to applicant's disclosure: REYNOLDS et al. (US 12,141,903) discloses a method, computer system, and a computer program product for video conference optimization. The present invention may include accessing data for a scheduled web conference. The present invention may include generating a visual display template for each of a plurality of participants of the scheduled web conference. The present invention may include monitoring the scheduled web conference. The present invention may include adjusting the visual display template for at least a portion of the plurality of participants during the scheduled web conference. AHER et al. (US 2022/0166953) discloses a system or method of prioritizing participants in a virtual meeting via a network by scoring each participant on several criteria and weighting the criteria to determine a readiness score. User interface 110 may include features such as duration 114 indicating “06:39” as the meeting timer, host indicator 116, mute indicator 118, as well as other interactive options and virtual meeting features not pictured, e.g., to minimize complexity of the illustration. User interface 110 may be presented on devices of one or more virtual meeting participants, but user interface 110 may be most helpful to a moderator or host—Allie 130, in this instance. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT PEREN who can be reached by telephone at (571) 270-7781, or via email at vincent.peren@uspto.gov. The examiner can normally be reached on Monday-Friday from 10:00 A.M. to 6:00 P.M. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KING POON, can be reached at telephone number (571)272-7440. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. /VINCENT PEREN/ Examiner, Art Unit 2617 /KING Y POON/Supervisory Patent Examiner, Art Unit 2617
Read full office action

Prosecution Timeline

Apr 17, 2024
Application Filed
Apr 03, 2026
Non-Final Rejection mailed — §101, §103
Jul 02, 2026
Examiner Interview Summary
Jul 02, 2026
Applicant Interview (Telephonic)
Jul 06, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12670654
APPARATUS AND METHOD FOR A HIERARCHICAL BEAM TRACER
2y 5m to grant Granted Jun 30, 2026
Patent 12639906
VISUAL STYLE TRANSFORMATION USING MACHINE LEARNING
2y 0m to grant Granted May 26, 2026
Patent 12633027
SYSTEMS AND METHODS FOR GESTURE GENERATION FROM TEXT
2y 1m to grant Granted May 19, 2026
Patent 12614329
AUDIO-DRIVEN FACIAL ANIMATION WITH EMOTION SUPPORT USING MACHINE LEARNING
3y 9m to grant Granted Apr 28, 2026
Patent 12614345
STREAMING A COMPRESSED LIGHT FIELD
2y 4m to grant Granted Apr 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
89%
With Interview (+19.6%)
2y 11m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 389 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month