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 .
Claims in Consideration
Claims 1-20 are pending in this application.
Response to Arguments
Applicant’s arguments, filed 8/7/2026, with respect to the rejection(s) of independent claim(s) under 35 USC 102, to Dai, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of 35 USC 103 rejection is made in view of the combination of Dai and Rathod, wherein Rathod has been added to cure the deficiencies of Dai.
Claim Objections
Claims 4-7, 10, 13, and 19, 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.
Claims 4 and 19 recites the following contingent limitations: determining a message association degree between the text message and the two speech messages; and converting the text message into the speech synthesis message when the message association degree is greater than an association degree threshold. The limitations are contingent because they show a conditional response to a threshold. The BRI of the claim requires an association degree threshold.
Claim 5 recites the following contingent limitations: determining a message association degree between the text message and the two speech messages; and playing back the two speech messages in sequence when the message association degree is less than an association degree threshold. The limitations are contingent because they show a conditional response to a threshold. The BRI of the claim requires an association degree threshold.
Claim Rejection Notes
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.
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.
Claim(s) 1, 2, 8, 9, 15-17, and 10, are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al. (US 20210067632 A1, published: 3/4/2021), in view of Rathod (US 20180350144 A1, published: 12/6/2018).
Claim 1. (Currently Amended): Dai teaches a method for speech message playback (when a user clicks a play button 14 on a specific voice cell 12, playback of a voice message corresponding to the voice cell 12 is triggered [Dai, 0041]), comprising:
displaying a virtual social scenario including a first virtual figure associated with a first social account and a second virtual figure associated with a second social account ([Dai, Fig. 13]; Examiner's Note: as illustrated multiple virtual figures, birds, are displayed for different users), the first social account of the first virtual figure performing social interaction with the second social account of the second virtual figure in the virtual social scenario (the embodiments of this application provide an improved display solution for a voice message by constructing a virtual world and displaying a voice message through a virtual character in the virtual world, each voice message corresponding to a respective virtual character [Dai, 0043]. A voice message 56 published by a user A, a voice message 57 published by a user B, a voice message 58 published by a user C, and a voice message 59 published by a user D [Dai, 0088, FIG. 5]; Examiner's Note: as illustrated multiple social account users are virtually displayed in a virtual forest scenario);
selectively displaying with the second virtual figure (with reference to FIG. 13 or FIG. 14, when the user wants to play a voice message 57 published by a user B in the voice message presentation interface 54, the user performs a trigger operation on the virtual character or the voice message 57 [Dai, 0113, FIG. 13]), based on whether one or more social messages transmitted by the second social account are received and the one or more social messages comprise a speech message, a speech message playback control element at a message prompt position of the second virtual figure associated with the second social account in the virtual social scenario (each voice cell 12 is displayed as a rectangular box, and each rectangular box is provided with a play button 14 and a voice print 16, and the voice print 16 corresponds to the voice message. When a user clicks a play button 14 on a specific voice cell 12, playback of a voice message corresponding to the voice cell 12 is triggered [Dai, 0041]. A voice message 56 published by a user A, a voice message 57 published by a user B, a voice message 58 published by a user C, and a voice message 59 published by a user D [Dai, 0088, FIG. 5]); and
playing back, in response to a first trigger operation on the speech message playback control element, the speech message in the virtual social scenario (with reference to FIG. 13 or FIG. 14, when the user wants to play a voice message 57 published by a user B in the voice message presentation interface 54, the user performs a trigger operation on the virtual character or the voice message 57, and the trigger operation may be a click operation or a slide operation. The terminal displays a playback window 60 of the voice message 57 according to the trigger operation [Dai, 0113, FIG. 14]).
Dai does not teach the virtual social scenario with the display of the first virtual figure and the second virtual figure, wherein the first virtual figure and the second virtual figure are customized by the first social account and the second social account, respectively.
However, Rathod teaches the virtual social scenario with the display of the first virtual figure and the second virtual figure, wherein the first virtual figure and the second virtual figure are customized by the first social account and the second social account, respectively (User interface may also shows user's virtual customized avatar 4105 which display in virtual world or virtual world having corresponding real world geography. User interface may also show user's name, nick name 4101, detail profile link 4101 to view various types of user related data [Rathod, 0442, FIG. 41]; [Rathod, FIG. 18]; Examiner's Note: as illustrated, FIG. 18 shows a virtual map with several avatars labeled 1855, 1825, 1830, 1833, 1835, 1836, 1842).
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Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the virtual avatar social messaging playback invention of Dai to include the customizable avatars displayed on social media features of Rathod.
One would have been motivated to make this modification to allow users to express themselves through their displayed avatars when interacting with other users. Such will help build community while at the same time presenting the appearance that users wish to be seen as.
Claims 16 and 20, sharing similar elements with claim 1, are likewise rejected.
Claim 2: The combination of Dai and Rathod, teaches the method according to claim 1. Dai further teaches wherein the playing back comprises: playing back, when the one or more social messages include a plurality of speech messages, the plurality of speech messages in the virtual social scenario according to a reception sequence of the plurality of speech messages (as shown in FIG. 1, in a feed stream 10, a plurality of voice cells 12 are sorted and displayed in chronological order of publishing times, the voice cells 12 and voice messages are in a one-to-one correspondence. Each voice cell 12 is displayed as a rectangular box, and each rectangular box is provided with a play button 14 and a voice print 16, and the voice print 16 corresponds to the voice message. When a user clicks a play button 14 on a specific voice cell 12, playback of a voice message corresponding to the voice cell 12 is triggered [Dai, 0041, FIG. 1]).
Claim 17, sharing similar elements with claim 2, is likewise rejected.
Claim 8. (Currently Amended): The combination of Dai and Rathod, teaches the method according to claim 1. Dai further teaches wherein the one or more social messages comprise at least one speech message, a quantity of unread speech messages in the at least one speech messages is displayed with the speech message playback control element, and the method further comprises: decreasing the quantity of unread speech messages displayed with the speech message playback control element by one when a playback of a current speech message ends and a next speech message exists in the at least one speech messages (steps 608 and 609 [Dai, 0128, 0130, FIG. 15]).
Claim 9. (Currently Amended): The combination of Dai and Rathod, teaches the method according to claim 8. Dai further teaches wherein a first message prompt control element is displayed at the message prompt position, a quantity of unread social messages in the one or more social messages is displayed with the first message prompt control element, and when the quantity of unread social messages is greater than or equal to the quantity of unread speech messages, the method further comprises: decreasing the quantity of unread social messages displayed with the first message prompt control element by one when the playback of the current speech message ends (steps 608 and 609 [Dai, 0128, 0130, FIG. 15]).
Claim 15. (Currently Amended): The combination of Dai and Rathod, teaches the method according to claim 1. Dai further teaches wherein the displaying the speech message playback control element comprises: displaying, when a social relationship is established between the second social account and the first social account, the speech message playback control element at the message prompt position of the second virtual figure in the virtual social scenario (there is a blue sky and white cloud background and a tree 55 located in the blue sky and white cloud background in the virtual world “Voice forest”. There are four birds standing in the tree 55, and the four birds respectively correspond to: a voice message 56 published by a user A, a voice message 57 published by a user B, a voice message 58 published by a user C, and a voice message 59 published by a user D [Dai, 0088]).
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.
Claim(s) 3 and 18, are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al. (US 20210067632 A1, published: 3/4/2021), in view of Rathod (US 20180350144 A1, published: 12/6/2018), and in further view Logan et al. (US 20200242840 A1, published: 7/30/2020).
Claim 3: The combination of Dai and Rathod, teaches the method according to claim 2. The combination of Dai and Rathod, does not teach wherein the playing back comprises: converting, when the one or more social messages include a text message between two speech messages in the plurality of speech messages, the text message into a speech synthesis message; and playing back the speech synthesis message between the two speech messages.
However, Logan teaches wherein the playing back comprises: converting, when the one or more social messages include a text message between two speech messages in the plurality of speech messages, the text message into a speech synthesis message; and playing back the speech synthesis message between the two speech messages (once control circuitry 504 has textual information about the events in the virtual reality media asset, control circuitry 504 may generate audio of the second voice (e.g., of Martin Tyler) reading the textual information retrieved from closed-captioning [Logan, 0186]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the virtual avatar social messaging playback invention of the combination of Dai and Rathod, to include the text-to-speech features of Logan.
One would have been motivated to make this modification to present and playback both text and audio messages as audible messages. Such will enable anyone to listen to their messages, including text-based messages. Such will allow those who cannot read to hear their messages.
Claim 18, sharing similar elements with claim 3, is likewise rejected.
Claim(s) 11, 12, and 14, are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al. (US 20210067632 A1, published: 3/4/2021), in view of Rathod (US 20180350144 A1, published: 12/6/2018), and in further view of Anzures et al. (US 11449223 B2, published: 9/20/2022).
Claim 11. (Currently Amended): The combination of Dai and Rathod, teaches the method according to claim 1. The combination of Dai and Rathod, does not teach further comprising: changing the speech message playback control element to a message prompt control element with a quantity of unread non-speech messages in the one or more social messages when the one or more social messages have no more unread speed messages that have not been played back.
However, Anzures teaches further comprising: changing the speech message playback control element to a message prompt control element with a quantity of unread non-speech messages in the one or more social messages when the one or more social messages have no more unread speed messages that have not been played back (speed up icon 3208 that when activated (e.g., by a finger tap on the icon) initiates a process that speeds up playback of the voicemail message [Anzures, 19:12-14]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the virtual avatar social messaging playback invention of the combination of Dai and Rathod, to include the message playback features of Anzures.
One would have been motivated to make this modification to add common playback features such as changing message playback speed, displaying progress of played back messages, and pausing playback. Such features have already been available in many message playback platforms, and have become so common that users expect these features to be incorporated in newer applications.
Claim 12. (Currently Amended): The combination of Dai and Rathod, teaches the method according to claim 1. The combination of Dai and Rathod, does not teach further comprising: obtaining, when a message processing operation is received and a current speech message is being played, a speech playback progress of the current speech message; displaying the message processing interface for the second social account; and continuing to play back the current speech message in the message processing interface based on the speech playback progress of the current speech message.
However, Anzures teaches further comprising: obtaining, when a message processing operation is received and a current speech message is being played, a speech playback progress of the current speech message; displaying the message processing interface for the second social account; and continuing to play back the current speech message in the message processing interface based on the speech playback progress of the current speech message (the method also includes: displaying a progress bar for the user-selected voicemail message, wherein the progress bar indicates the portion of the user-selected voicemail message that has been played; detecting movement of a finger of the user from a first position on the progress bar to a second position on the progress bar; and responding to the detection of the finger movement by restarting playback of the user-selected voicemail message at a position within the user-selected voicemail message corresponding substantially to the second position on the progress bar, and changing the indicated portion of the user-selected voicemail message that has been played to correspond substantially to the second position on the progress bar [Anzures, 2:52-65]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the virtual avatar social messaging playback invention of the combination of Dai and Rathod, to include the message playback features of Anzures.
One would have been motivated to make this modification to add common playback features such as changing message playback speed, displaying progress of played back messages, and pausing playback. Such features have already been available in many message playback platforms, and have become so common that users expect these features to be incorporated in newer applications.
Claim 14. (Currently Amended): The combination of Dai and Rathod, teaches the method according to claim 1. The combination of Dai and Rathod, does not teach further comprising: displaying a pause button in the speech message playback control element in response to the first trigger operation on the speech message playback control element; updating the pause button to a playback button in response to a second trigger operation on the pause button that pauses the playing back of the speech message; and updating the playback button to the pause button in response to a third trigger operation on the playback button that continues the playing back of the speech message based on a recorded speech playback progress in response to the second trigger operation on the pause button.
However, Anzures teaches further comprising: displaying a pause button in the speech message playback control element in response to the first trigger operation on the speech message playback control element; updating the pause button to a playback button in response to a second trigger operation on the pause button that pauses the playing back of the speech message; and updating the playback button to the pause button in response to a third trigger operation on the playback button that continues the playing back of the speech message based on a recorded speech playback progress in response to the second trigger operation on the pause button (Pause icon 3220 that when activated (e.g., by a finger tap on the icon) initiates pausing of the voicemail [Anzures, 19:34-35]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the virtual avatar social messaging playback invention of the combination of Dai and Rathod, to include the message playback features of Anzures.
One would have been motivated to make this modification to add common playback features such as changing message playback speed, displaying progress of played back messages, and pausing playback. Such features have already been available in many message playback platforms, and have become so common that users expect these features to be incorporated in newer applications.
Conclusion
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 SETH A SILVERMAN whose telephone number is (571)272-9783. The examiner can normally be reached Mon-Thur, 8AM-4PM MST.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Queler can be reached at (571)272-4140. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Seth A Silverman/Primary Examiner, Art Unit 2172
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