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 .
DETAILED ACTION
Claims 1, 2, 4-10, 12-18, 20-23 are presented for examination.
Claims 3, 11 and 19 are cancelled.
Terminal Disclaimer filed on 2/6/26 is approved.
Response to Arguments
Applicant’s arguments filed 2/6/25, have been fully considered but they are not persuasive.
In that remarks, applicant argues in substance:
That: Dao and Reitan do not describe or suggest the specific features as now recited in the present independent claims of: (1) wherein the first resource comprises a first resource port, and wherein the second resource comprises an avatar that is associated with a second resource port, (2) the combininq comprises interconnectinq the first resource port and the second resource port via an interface, and (3) rendering the avatar for presentation via a display.
In response to applicant’s argument, Dao discloses a hybrid architecture in which physical and virtual resource are interconnected and data is routed between them (figures 2 and 3, [0020]-[0022]). Interconnection of networked resource occurs via communication endpoints (e.g. logical ports, sockets, or API endpoints). Under the broadest reasonable interpretation, the claimed “resource port” in light of specification reads on such communication endpoints. Reitan discloses rendering and interacting with avatar within a networked AR environment using data from external sources ([0252], figure 7B, [0717]). Such interaction occurs via communication interfaces associated with avatar’s implementing system components. According the avatar is associated with a communication port and is rendered via a heads-up display ([0706]). Dao and Reitan both disclose interconnection of networked resource occurs via communication endpoints, in any such system, communication between the endpoint occurs via a network or software interface. Thus, interconnecting the resources entails interconnecting their respective endpoints/ports via an interface. The claims do not require any specialized port structure beyond conventional communication endpoints. The cited combination of Dao and Reitan discloses the recited (1) wherein the first resource comprises a first resource port, and wherein the second resource comprises an avatar that is associated with a second resource port, (2) the combininq comprises interconnectinq the first resource port and the second resource port via an interface, and (3) rendering the avatar for presentation via a display.
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.
Claims 1, 2, 4-10, 12-18, 20-23 are rejected are rejected under 35 U.S.C. 103 as being unpatentable over Dao et al. US Publication Number 2016/0204916, hereinafter Dao, in view of Reitan, US Publication Number 2013/0249947, hereinafter Reitan.
Referring to claim 1, Dao discloses a system (abstract) comprising: a processor ([0005], processor); and a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations ([0035], memory to store instructions for execution), the operations comprising:
based on a request ([0015], request to CDN 120 from UE 118), selecting a first resource from a first group of resources associated with a physical world and a second resource from a second group of resources associated with a virtual world ([0015], selecting resources to avoid overload and reduce transmission delay; [0020][0021], determining resources associated with virtual and physical data/network; figure 2, step 204, determine content resources for requested data), wherein the first resource comprises a first resource port, and wherein the second resource comprises an avatar that is associated with a second resource port (figures 2 and 3, [0020]-[0022], interconnection of networked resource occurs via communication endpoints (e.g. logical ports, sockets, or API endpoints);
combining the first resource and the second resource, wherein the combining comprises creating a metaverse service that is responsive to the request (figure 2, step 208, generate hybrid network for sources that contains physical and virtual data sources), wherein the combininq comprises interconnecting the first resource port and the second resource port via an interface (figure 2, [0020]-[0022], interconnection of networked resource occurs via communication endpoints, in any such system, communication between the endpoint occurs via a network or software interface);
Dao does not explicitly teach the combination of virtual and physical resources are usable to rendering the metaverse service in response to the request ,wherein the renderinq includes renderinq the avatar for presentation via a display.
Reitan teaches a system that utilizing the resources from the virtual and physical network (page 21, [0301]) to provide augmented reality to the users which has the ability to place an avatar of a second user into the augmented reality environment of a first user (page 17, [0252]) via a heads up display as an overlay on a physical world (page 44 [0706], heads up display).
It would have been obvious to a person with ordinary skill in the art before the effective filing date of the invention to have a heads-up display outputting the combination data comprising virtual avatar and physical world of Reitan as the combination of resources from the physical and virtual network of Dao because Dao discloses combining network resources from physical and virtual network and Reitan suggests using the combined network resources to construct augmented reality environment to users so user is able to see virtual avatar in physical world via a heads up display.
A person with ordinary skill in the art would have been motivated to make the modification to Dao to enhance user experience and facilitate output to user as suggested by Reitan.
Referring to claim 2, Dao in view of Reitan, discloses the system of claim 1, wherein the first resource port comprises a logical port associated with a first network equipment ([0021], figure 3, servers 110 and 112 are connected via logical ports).
Referring to claim 4, Dao in view of Reitan discloses the system of claim 1, wherein the first resource and the second resource further comprise respective voice related resources (Reitan [0850], resources for the hybrid network could be related to voice/audio to provide augmented reality visualizations of real-world models). The limitations are rejected in the analysis of claim 1 above, and the claim is rejected on that basis.
Referring to claim 5, Dao in view of Reitan discloses the system of claim 1, wherein the operations further comprise: identifying a change to the first resource; based on the change, selecting a third resource from the first group of resources; and adapting a capability of the metaverse service, wherein the adapting comprises replacing the first resource with the third resource (page 2 [0019], topology is updated after physical change occur).
Referring to claim 6, Dao in view of Reitan discloses the system of claim 1, wherein the display comprises a heads up display (Reitan, [0252], [0706], heads up display). The limitations are rejected in the analysis of claim 1 above, and the claim is rejected on that basis.
Referring to claim 7, Dao in view of Reitan discloses the system of claim 1, wherein the rendering further comprises outputting the information indicative of the metaverse service via a communication network configured to operate according to at least a fifth generation network communication protocol ([0013], 5G network).
Referring to claim 8, Dao in view of Reitan discloses the system of claim 1, wherein the selecting comprises: evaluating the first group of resources of the physical network and the second group of resources of the virtual network (Dao, figure 2 step 204, page 2 [0020]); and selecting the first resource from the first group of resources and the second resource from the second group of resources, wherein the selecting comprises identifying a compatibility between the first resource and the second resource (Dao, figure 2, steps 204 and 206, page 2 [0020][0021][0025], optimization for data transmission corresponds to compatibility).
Referring to claims 9, 10, 12-18, 20-23, the claims encompass the same scope of the invention as that of the claims 1, 2, 4-8. Therefore, claims 9, 10, 12-18, 20-23 are rejected on the same ground as the claims 1, 2, 4-8.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 LIANGCHE A WANG whose telephone number is (571)272-3992. The examiner can normally be reached M-F 10:00am to 6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joon H Hwang can be reached on 571-272-4036. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Liang-che Alex Wang
March 9, 2026
/LIANG CHE A WANG/Primary Examiner, Art Unit 2447