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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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I. Claims 1-18 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent 11,394,925. Although the claims at issue are not identical, they are not patentably distinct from each other as seen by a representative sample of comparative analysis below:
Instant app: 18/765,192
US Pat. 11,394,925
1. A method, executed by a computing system, for automating a transition for user interface formats for a communication session in response to a gesture input associated with a user, comprising: causing a display of a first user interface format comprising a primary presentation region comprising a display of presentation content and a rendering of a presenter user who assumes a presenter role, wherein the computing system allows a plurality of users to communicate through the communication session; detecting a user control input from the user representing a preset user request; and in response to the user control input corresponding to the preset user request, or in response to an approval granted by another user receiving an indication of the user control input: causing a transition from a first operating state displaying the first user interface format to a second operating state displaying a second user interface format comprising the primary presentation region comprising the display of presentation content and the rendering of the presenter user, a secondary presentation region comprising a rendering of the video stream of the user providing the user control input, and an attendee queue region comprising a queue of users arranged to indicate a next presenter and indicate an order in which each user is individually selected for a display in the secondary presentation region.
1. A method for automating transitions for user interface formats for communication sessions, wherein the method configured for execution on a computing system comprises: causing a display of a first user interface format comprising a primary presentation region, an attendee image region, and an attendee queue region, the primary presentation region comprising a display of presentation content and a rendering of a presenter, the attendee image region comprising individual renderings of the video streams of a plurality of participants individually communicating from remote computing devices, wherein the individual renderings each has a position relative to a seating configuration of a virtual environment, wherein the computing system allows the plurality of participants to communicate through a communication session; receiving an input from a computing device of a user, the input indicating a request to share content; in response to receiving the input indicating the request to share content, causing a transition from the first user interface format to a second user interface format comprising the primary presentation region, the attendee image region, the attendee queue region, and a secondary presentation region, the attendee image region of the second user interface format displaying a first graphical element in association with a rendering of the user to indicate the input provided by the user, and the attendee queue region of the second user interface format displaying a second graphical element indicating the input by the user, the second graphical element displayed in association with an identifier of the user, a position of the identifier in a user queue indicating that the user is an upcoming presenter, the attendee queue region of the second user interface format further comprising a second rendering of the user.
It is clear that the claims of the instant application, though the claims at issue are not identical, they are not patentably distinct from each other.
II. Claims 1-18 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent 12,096,154. Although the claims at issue are not identical, they are not patentably distinct from each other as seen by a representative sample of comparative analysis below:
Instant app: 18/765,192
US Pat. 12,096,154
1. A method, executed by a computing system, for automating a transition for user interface formats for a communication session in response to a gesture input associated with a user, comprising: causing a display of a first user interface format comprising a primary presentation region comprising a display of presentation content and a rendering of a presenter user who assumes a presenter role, wherein the computing system allows a plurality of users to communicate through the communication session; detecting a user control input from the user representing a preset user request; and in response to the user control input corresponding to the preset user request, or in response to an approval granted by another user receiving an indication of the user control input: causing a transition from a first operating state displaying the first user interface format to a second operating state displaying a second user interface format comprising the primary presentation region comprising the display of presentation content and the rendering of the presenter user, a secondary presentation region comprising a rendering of the video stream of the user providing the user control input, and an attendee queue region comprising a queue of users arranged to indicate a next presenter and indicate an order in which each user is individually selected for a display in the secondary presentation region.
1. A method, executed by a computing system, for automating transitions for user interface formats for communication sessions, comprising: generating individual filtered video streams from individual unfiltered video streams of individual users of a plurality of users of the communication session, wherein a filtering process removes components of each individual unfiltered video stream that includes a background from a surrounding environment around each corresponding user; causing a display of a first user interface format comprising a primary presentation region and an attendee image region, the primary presentation region comprising a display of presentation content and a rendering of a presenter user who assumes a presenter role, the attendee image region comprising individual renderings from the individual filtered video streams without background components of the individual unfiltered video streams, the individual renderings from the individual filtered video streams of the plurality of users individually communicating from remote computing devices, wherein the individual renderings each has a position relative to a seating configuration of a virtual environment, wherein the computing system allows the plurality of users to communicate through a communication session; analyzing a video stream of a user of the plurality of users; detecting, based on analyzing the video of the user, a gesture input of the user; determining that the gesture input corresponds to a preset user request; and in response to the gesture input corresponding to the preset user request, or in response to an approval granted by another user receiving an indication of the input gesture: causing a transition from a first operating state displaying the first user interface format to a second operating state displaying a second user interface format comprising the primary presentation region, the attendee image region and a secondary presentation region, the attendee image region comprising individual renderings from the individual filtered video streams without background components of the individual unfiltered video streams, the secondary presentation region displaying an unfiltered video stream of the user that provided the gesture input corresponding to the preset user request, the attendee image region of the second user interface format displaying a first graphical element in association with a rendering of the user to indicate the input provided by the user, the graphical element representing the gesture input.
It is clear that the claims of the instant application, though the claims at issue are not identical, they are not patentably distinct from each other.
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) 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yoakum (US 9,794,514) in view of Cheung et al (US 10,701,316) and/or Shin et al (US 2021/0120053) and further in view of Sarris (US 2016/0255126).
Claims 1, 7 and 13, Yoakum teaches a system, a medium and a method, executed by a computing system for automating a transition for user interface formats for a communication session in response to a [[gesture]] input associated with a user, (Yoakum: automatic moving participants between presentation area 1108 and audience area 1104, col. 34, lines 38-42. Regarding “gesture”, while Yoakum utilizes multiple ways as input or command for interaction, including eye gazing, col 17, line 8. Here examiner will, based on the BRI, map eye gazing to the current use of “gesture”. To support this mapping, examiner provides Cheung who teaches, “using gesture inputs, the techniques of this disclosure mitigate or potentially eliminate disruptions of the in-progress video conferencing session that might otherwise arise from the participant needing to provide input using a touchscreen, keyboard, mouse, touchpad, or other input device or input component, col. 4, lines 47-52) and Shin: Gesture input, see Figs. 8a-8d), comprising:
causing a display of a first user interface format comprising a primary presentation region, (Fig. 11: presentation area 1108), comprising a display of presentation content and a rendering of a presenter user who assumes a presenter role, (Fig. 11, label 1112e and 1116, col. 26, lines 14-24), wherein the computing system allows a plurality of users to communicate through the communication session, (Fig. 1, a virtual multiparty interaction via a peer-to-peer connection, col. 10, lines 31-48);
detecting a user control input from the user representing a preset user request; (Cheung’s Figs. 1-8. Shin’s Fig. 8 and [0170-0172]) and
in response to the user control input corresponding to the preset user request, (Cheung: Fig. 2, col. 8, line 34 to col. 9, line 15. Shin: [0134] The control unit 150 obtains a user input from the input unit 120 of the conference participant terminal 100, and in response, may display a graphic element corresponding to the user input on the video display device 130a, etc., and transmit data related to the user input to the other conference participant terminal 100 through the communication unit 110),
causing a transition from a first operating state displaying the first user interface format to a second operating state displaying a second user interface format comprising the primary presentation region comprising the display of presentation content and the rendering of the presenter user, a secondary presentation region comprising a rendering of the video stream of the user providing the user control input, and an attendee queue region comprising a queue of users arranged to indicate a next presenter and indicate an order in which each user is individually selected for a display in the secondary presentation region.
Here examiner notices that while Yoakum teaches the transition from one operating state to another operating state as shown above, and per various types of user inputs and commands, (col. 15, lines 29-44) and to present the interactive content, (col. 6, line 47), it is unclear his teaching on transition is based on the gesture input as required by the claim.
The current Specs points to Figs. 4 and 6 to defines the transition from one operating state to another operating state, [0055-0059],
Similarly, Cheng provides similarly relevant teaching in Fig. 1 where participants 30A and 30B may communicate with one another in a video conferencing session over communications channel 16 …where video conferencing systems 12 and 14 process and transmit the captured images substantially in real time over communications channel 16, col. 5, line 65-col. 6, line 8; rendering of video content on the user interface (UI) 22 of Fig. 1.
Shin teaches “in response to determining that the first user input corresponds to the first gesture, changing a display attribute of a pointing element for indicating portions of the content from a first state to a second state, and transmitting data instructing the display attribute change of the pointing element to at least one of a computing device of the second participant of the online conference and a server that manages the online conference., [0034, 0037, 0134]”. And also Figs. 4a, 4b and 4c showing the first area 402, [0138, 0141] and Fig. 6 showing the second area 404, [0145].
Examiner further notices that Yoakum also teaches the “next presenter” as he discusses, “movement between interaction areas of a multiparty interaction space may be organized and coordinated via a queue, such that a participant may be promoted from the top of the queue and moved to a presentation area, where audio and video input from that participant to another area of the interaction space may be automatically enabled for that participant. Audio and video input from that participant may be disabled when the participant moves or is moved out of the presentation area after addressing the larger group, col. 5, lines. 13-23”. OR “when a participant in the presentation area of a multiparty interaction space signals that the participant is finished with the participant's presentation, the participant may be moved back to the audience area, where an icon representing the participant may resume its previous state (e.g. a simple icon, a still image, or a live video feed), the participant's audio and/or video input may be automatically muted, and the next participant in queue may be promoted., col. 5, lines 64 – c. 6, l.5; and also a participant SB represented by an icon 1112c may send a first request to be moved from the audience area 1104 to the presentation area 1108 so as to be able to ask a question of the participant/presenter JY (represented by the live video feed 1112e) that the remainder of the audience can hear. Alternatively, the participant SB may send a first request to be unmuted (but without requesting that the icon 1112c be moved from the audience area 1104 to the presentation area 1108), for the same purpose of being able to ask a question of the participant/presenter JY. Col. 31, lines 37-47.
Yoakum clearly suggests or alternatively by obviousness, the “next presenter” in the waiting queue to speak. (Please also consult note the parent case 17/864,341 - the Final Office Action filed 12/28/2023 wherein examiner has discussed the above issue in detail).
And to support the obviousness, examiner wishes to provide additional prior art to support the next speaker feature. Sarris, in an attempt to lessen or avoid interruption, creates different queues including a “waiting queue” 2023 where “Directly beneath the speaker's box (2024) is the speaker's queue (2023) which shows the speakers (302) waiting in line to enter the speaker's box (2024). Specifically, the speaker's queue (2023) identifies the next speaker (302) and, in ascending order, the names of the speakers (302) waiting in line behind the next speaker (302), [0175]”.
Therefore, it would have been obvious to the ordinary artisan before the effective filing date to incorporate the teaching of Cheung and/or Shin into the teaching of Yoakum for the purpose of providing an additional feature of gesturing input for facilitating non-verbal teleconferencing, thus enhancing greater communication and also to incorporate the teaching of Sarris for the purpose of managing a speaking line/order to increase the effectiveness of a communication session by lessening or avoiding any potential interruption.
Claims 2, 8 and 14, further comprising: causing a transition from the display of the second user interface format to a display of a third user interface format, the third user interface format including: a primary presentation region comprising the display of rendering of the video stream of the user, a secondary presentation region comprising a rendering of the video stream of the presenter user, and the attendee queue region comprising the queue of users arranged to indicate the next presenter and indicate the order in which each user is individually selected for the display in the secondary presentation region. (Please see the independent claims).
Claim 3, 9 and 15, further comprises: detecting a start of a new phase of a meeting agenda item, and in response to detecting a start of a new phase of a meeting agenda item (Yoakum: Highlighting may be beneficial, for example, to let the presenter know that another participant would like to address the audience, or that the participant has a question, or that the participant has an answer to a question posed by the presenter to the audience. Col. 33, lines 29-33): causing the transition from the display of the second user interface format to the display of the third user interface format, and modifying permissions of the user to share content as a presenter. (Yoakum: texting area where participants in the audience area 1104 may be permitted to use the texting tool 928 to send text messages to another selected participant from the audience area 1104, col. 42, lines 4-7). Or in some embodiments, such as the embodiment of FIG. 18, some participants may be permitted to move freely among the various interaction areas or virtual booths 1804a, 1804b, and 1804c, while other participants (e.g. those presenting at a given interaction area or booth) may not be permitted to freely move to another interaction area or booth without permission or other involvement of a moderator or authorized participant, col. 42- lines 55-62”.
Claims 4, 10 and 16, further comprises: determining that the user has not started speaking or has not presented content within a timeout period, and in response to determining that the user has not started speaking or has not presented content within the timeout period, revoking the permission for the user to share content as the presenter. (Sarris: [0167] While the participant (301) is waiting in the queue (2023) for his/her turn to speak, the “ask to speak” button (2022) will change text to read “leave queue” (2027) and when pressed will remove the participant (301) from the waiting queue (2023). OR [0202] The present invention automatically and electronically removes a speaker (302) from the speaker's box (2024) when his/her allotted time has expired and replaces him/her with the next speaker (302) waiting in the speakers' queue (2023). Here examiner reads that Sarris provides an ability for the administrator or moderator an ability to remove a speaker from the queue or remove a waiting speaker form a waiting queue. It is obvious with a minor modification within the understanding of an ordinary artisan to remove an user whose turn to speak but has not spoken in a given time so that the active conservation will still flow without too much of awkward silence.
the current speaker/presenter is given a predetermined amount of time to speak; hence the next speaker/presenter in waiting queue 2023 is given same amount or whenever the current speaker stops speaking before his predetermined time. The moderator (303) or administrator (304) can make that adjustment per function 505 permitting the next speaker/presenter to assume the role as new/current speaker).
Claims 5, 11 and 17, further comprises: determining that a time of a meeting reaches a predetermined time for the user to assume a presenter role, and in response to determining that the time of the meeting reaches the predetermined time for the user to assume the presenter role: causing the transition from the display of the second user interface format to the display of the third user interface format, and modifying permissions of the user to share content as a presenter. (Sarris: [0200] While the present invention automatically limits the time a speaker (302) has to speak while in the speaker's box (2024) to a predetermined maximum, the moderator (303) or administrator (304) may wish to increase or decrease that predetermined maximum or afford a particular speaker (302) more than the predetermined maximum amount of time. The moderator (303) or administrator (304) accomplishes this task using the establish-speaking-time function (504) or the reset/modify speaking time function (505). The moderator (303) or administrator (304) accomplishes these tasks by simply touching or clicking on the drop-down arrow to the right of the countdown clock (2029) on the moderator's (303) or administrator's (304) screen (101) and then entering the desired amount of time to be allocated to the speaker (302), [0200]. Here examiner reads that current speaker/presenter is given a predetermined amount of time to speak; hence the next speaker/presenter in waiting queue 2023 is given same amount or whenever the current speaker stops speaking before his predetermined time. The moderator (303) or administrator (304) can make that adjustment per function 505 permitting the next speaker/presenter to assume the role as new/current speaker).
Claims 6, 12 and 18, further comprises: determining that the user has not started speaking or has not presented content within a timeout period, and in response to determining that the user has not started speaking or has not presented content within the timeout period, revoking the permission for the user to share content as the presenter. (Same analysis as claim 4 above).
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUNG-HOANG J. NGUYEN whose telephone number is (571)270-1949. The examiner can normally be reached Reg. Sched. 6:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUNG-HOANG J NGUYEN/Primary Examiner, Art Unit 2691