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 .
Response to Amendment
The amendments filed 08/04/2026 have been entered. Claims 1-6 and 8-20 remain pending in the application. Applicant’s amendments to the drawings and claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed 05/13/2026.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6 and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over Welch in view of US 5322468 (hereinafter “Smrt”) and in further view of US 8858351 (hereinafter “Crawford”).
Regarding claim 1, Welch discloses a method (Para. 0019) for receiving, via a control system (Fig. 1, 106 – output components, including control module), data from one or more data sources (Fig. 1, 102 – input components), comprising an animated figure having a shape (Fig. 1, 116 – avatar);
generating, via the control system, a response of the animated figure based on the data (Para. 0053);
instructing, via the control system, one or more actuators disposed within the animated figure to perform the response by moving at least a portion of a body of the animated figure (Para. 0053);
receiving, via the control system, image data acquired from an image sensor, wherein the image data is representative of the body of the animated figure (Para. 0019-0020);
tracking, via the control system, the additional shape of the external surface of the animated figure based on the image data (Para. 0019-0020 – computer needs to track orientation of avatar for accurate mapping);
determining, via the control system, an additional set of images to project onto the external surface of the animated figure, wherein the additional set of images encompass an entirety of the external surface (Para. 0036 – re-warped and projected images; Para. 0019 – multiple projectors able to encompass multiple angles. This is interpreted by the Examiner to read on the limitation of entirety of external surface, as Applicant does not clarify exactly how the entirety of the figure surface is projected upon – only “a surface” is referenced in Para. 00208 of Applicant’s specification);
projecting, via the control system, the additional set of images onto the external surface of the body of the animated figure based on the feedback data (Para. 0019-0020).
While Welch does not explicitly say this method is for data representative of an amusement attraction, it does cite in the background of the invention that telepresence in theme park entertainment is well known (Para. 0012). Thus, it would be obvious to a person of ordinary art in the skill to use the method of Welch as applied to an amusement attraction, as it is well known in the art to increase guest entertainment at theme parks.
Welch is silent regarding wherein the animated figure comprises an inflatable assembly; Instructing one or more valves associated with the animated figure and adjusting one or more fluid flow properties into the animated figure, respectively, thereby causing the animated figure to have an additional shape that is different from the shape; However, Smrt discloses the design for an animated figure having inflatable chambers and valves (Col. 4, lines 56-68) in order to eliminate the need for expensive electromechanical motors and enhance realistic figure animation (Col. 1, lines 61-68 through Col. 2, lines 1-2). Additionally, the air chamber configuration enables the figure to take on multiple shapes (Col. 2, lines 42-56). Thus, it would be obvious to provide the animated figure of Welch motion through valves and inflation chambers to enhance realistic motion and reduce manufacturing costs.
It is unclear if Welch discloses a response of the animated figure based on detecting a presence of an individual. However, Crawford discloses a show control apparatus that detects if an object is in the traffic area and instructs the show element (i.e. robotic character) to move accordingly to provide a more interactive experience for guests (Abstract). Thus, it would be obvious to make the processor instructions of Welch able to detect and react to guest presence as taught by Crawford to further enhance interaction with audience/users.
Regarding claim 2, modified Welch further discloses one or more data sources comprise a computing device associated with the amusement attraction, a sensor associated with a position of the individual with respect to the amusement attraction, or both (Welch: Para 0044 – capture module, including CCD camera).
Regarding claim 3, modified Welch further discloses one or more data sources comprise a sensor, wherein the data comprises an input indicative of an active movement of an individual associated with the amusement attraction or a passive movement of the individual (Welch: Para. 0047).
Regarding claim 4, modified Welch further discloses generating the response based on the presence of the individual comprises: analyzing, via the control system, the input to determine an audible output of the individual, a detectable movement of the individual, or both (Welch: Para. 0047-0048; Crawford: Abstract) and generating, via the control system, the response based on the audible output of the individual, the detectable movement of the individual, or both (Welch: Para. 0050).
Regarding claim 5, modified Welch further discloses retrieving, via the control system, a skeletal model of the animated figure, the skeletal model comprising information related to one or more joints, one or more moveable portions, or both of the animated figure (Welch: Para. 0053 - actuators for lifting, rotating, lowering, pushing, pulling, or squeezing, various physical aspects of avatar 116 including the head, limbs, torso, or fingers);
updating, via the control system, the skeletal model based on the additional shape and a current position and orientation of the body of the animated figure (Welch: Para. 0036 - computer-controlled actuators may be used to update the poses of the surrogate accordingly; shape being interpreted to be silhouette or position of figure. However, if there is any doubt in additional shape, the air chambers of Smrt in combination change figure shape in Col. 2, lines 42-56); and
generating, via the control system, the set of images based on the updated skeletal model (Welch: Para. 0036 - matching imagery may be continually re-warped and projected onto the surrogate surface).
In order to continuously update the movement and imagery of the avatar/animated figure, it is inherent that the control system of Welch would have to be able to communicate with the actuator system. This includes retrieving positional information of the actuators and relaying commands based on real-time changes in the animated figure’s poses.
Regarding claim 6, modified Welch further discloses receiving, via the control system, one or more positions associated with the one or more actuators disposed within the animated figure based on feedback data determined based on the image data (Welch: Para. 0053);
updating, via the control system, a skeletal model of the animated figure based on the one or more positions figure (Welch: Para. 0036 - computer-controlled actuators may be used to update the poses of the surrogate surface accordingly); and
generating, via the control system, the additional set of images based on the updated skeletal model (Welch: Para. 0036 - matching imagery may be continually re-warped and projected onto the surrogate surface).
As previously stated, limitations such as a control system receiving positional information and updating the animated figure’s poses are inherent in Welsh’s invention, as the avatar information is continuously being updated for projections to be properly mapped. See claim 5 supra.
Regarding claim 8, Welch discloses a system (Para. 0019) that has an animated figure (Fig. 1, 116);
an image sensor; and a control system (Fig. 1, 106) configured to perform operations comprising:
receiving data from one or more data sources (Fig. 1, 102), wherein the data is representative of the animated figure having a shape (Para. 0019);
generating a response of the animated figure (Para. 0053);
instructing one or more actuators disposed within the animated figure to perform the response by moving at least a portion of a body of the animated figure (Para. 0053);
receiving image data acquired by the image sensor, wherein the image data is representative of the external surface of the animated figure (Para. 0019-0020);
determining an additional set of images to project onto the external surface of the animated figure, wherein the additional set of images encompass an entirety of the external surface; (Para. 0036 – re-warped and projected images; Para. 0019 – multiple projectors able to encompass multiple angles. This is interpreted by the Examiner to read on the limitation of entirety of external surface, as Applicant does not clarify exactly how the entirety of the figure surface is projected upon – only “a surface” is referenced in Para. 00208 of Applicant’s specification);
projecting the additional set of images onto the external surface of the animated figure (Para. 0019-0020).
While Welch does not explicitly say this system is for an amusement attraction, it does cite prior art that teaches telepresence in theme park entertainment (Para. 0012). Thus, it would be obvious to a person of ordinary art in the skill to use the method of Welch as applied to an amusement attraction, as it is well known in the art to increase guest entertainment.
Welch is silent regarding wherein the animated figure comprises an inflatable assembly; Instructing one or more valves associated with the animated figure and adjusting one or more fluid flow properties into the animated figure, respectively, thereby causing the animated figure to have an additional shape that is different from the shape; However, Smrt discloses the design for an animated figure having inflatable chambers and valves (Col. 4, lines 56-68) in order to eliminate the need for expensive electromechanical motors and enhance realistic figure animation (Col. 1, lines 61-68 through Col. 2, lines 1-2). Additionally, the air chamber configuration enables the figure to take on multiple shapes (Col. 2, lines 42-56). Thus, it would be obvious to provide the animated figure of Welch motion through valves and inflation chambers to enhance realistic motion and reduce manufacturing costs.
It is unclear if Welch discloses a response of the animated figure based on detecting a presence of an individual. However, Crawford discloses a show control apparatus that detects if an object is in the traffic area and instructs the show element (i.e. robotic character) to move accordingly to provide a more interactive experience for guests (Abstract). Thus, it would be obvious to make the processor instructions of Welch able to detect and react to guest presence as taught by Crawford to further enhance interaction with audience/users.
Regarding claim 9, modified Welch further discloses one or more data sources comprise a computing device associated with the amusement attraction, a sensor (Welch: Fig. 1, 108) associated with a position of the individual with respect to the amusement attraction, or both (Welch: Para. 0044).
Regarding claim 10, modified Welch further discloses the control system is configured to the operations comprising:
analyzing the data to determine an audible output of the individual (Para. 0047), a detectable movement of the individual, or both, wherein the one or more data sources comprise a sensor, and wherein the data comprise the input indicative of an active movement of an individual associated with the amusement attraction or a passive movement of the individual (Welch: Para. 0048); and
generating the response based on the audible output of the individual, the detectable movement of the individual, or both (Welch: Para. 0050).
Regarding claim 11, modified Welch further discloses the control system is configured to perform the operations comprising:
retrieving a skeletal model of the animated figure, wherein the skeletal model comprises information related to one or more joints, one or more moveable portions, or both of the animated figure (Welch: Para. 0053);
updating the skeletal model based on the additional shape and the current position and orientation of the body of the animated figure (Welch: Para. 0036; Smrt: Col. 2, lines 42-56); and
generating the set of images based on the updated skeletal model (Welch: Para. 0036).
See further explanations as stated supra in claim 5.
Regarding claim 12, modified Welch further discloses the control system is configured to perform the operations comprising:
receiving one or more positions associated with the one or more actuators disposed within the animated figure based on feedback data (Welch: Para. 0053);
updating a skeletal model of the animated figure based on the one or more positions (Welch: Para. 0036); and
generating the set of images based on the updated skeletal model (Welch: Para. 0036).
See further explanations as stated supra in claim 6.
Regarding claim 13, modified Welch further discloses the data from the one or more data sources comprises a distance between the control system projecting the set of images onto the external surface of the animated figure and the animated figure (Welch: Para. 0091-0092 – Projector is calibrated with respect to different positions in coordinate frame, therefore including a distance between the projector and its target/animated figure. See also Para. 0020 – position of 3D physical target is determined).
Regarding claim 14, modified Welch further discloses the one or more data sources comprise of a light sensor, a pressure sensor, a tension sensor, or any combination thereof (Para. 0044 – CCD camera is a light sensor).
Regarding claim 15, Welch discloses a non-transitory, computer-readable medium, comprising machine-readable instructions that, when executed by one or more processors, cause the one or more processors to: receive data from one or more data sources to determine a shape of an animated figure (Para. 0019-0021);
instruct one or more actuators disposed within the animated figure to perform the response by moving at least a portion of a body of the animated figure (Para. 0053);
receive image data acquired from an image sensor (Fig. 1, 108), wherein the image data is representative of an external surface of the animated figure having the additional shape; track the additional shape of the external surface of the animated figure based on the image data; (Para. 0019-0020 and 0044);
determine a set of images to project onto the external surface of the animated figure, wherein the set of images encompass an entirety of the external surface (Para. 0036 – re-warped and projected images; Para. 0019 – multiple projectors able to encompass multiple angles. This is interpreted by the Examiner to read on the limitation of entirety of external surface, as Applicant does not clarify exactly how the entirety of the figure surface is projected upon – only “a surface” is referenced in Para. 00208 of Applicant’s specification);
project a set of images onto the external surface of the animated figure (Para. 0019-0020).
Welch is silent regarding wherein the animated figure comprises an inflatable assembly; Instructing one or more valves associated with the animated figure and adjusting one or more fluid flow properties into the animated figure, respectively, thereby causing the animated figure to have an additional shape that is different from the shape; However, Smrt discloses the design for an animated figure having inflatable chambers and valves (Col. 4, lines 56-68) in order to eliminate the need for expensive electromechanical motors and enhance realistic figure animation (Col. 1, lines 61-68 through Col. 2, lines 1-2). Additionally, the air chamber configuration enables the figure to take on multiple shapes (Col. 2, lines 42-56). Thus, it would be obvious to provide the animated figure of Welch motion through valves and inflation chambers to enhance realistic motion and reduce manufacturing costs.
Welch is also silent regarding a response of the animated figure based on detecting a presence of an individual. However, Crawford discloses a show control apparatus that detects if an object is in the traffic area and instructs the show element (i.e. robotic character) to move accordingly to provide a more interactive experience for guests (Abstract). Thus, it would be obvious to make the processor instructions of Welch able to detect and react to guest presence as taught by Crawford to further enhance interaction with audience/users.
Regarding claim 16, modified Welch further discloses that the machine-readable instructions, when executed by one or more processors, cause the one or more processors to generate the set of images based on the at least a portion of the animated figure (Welch: Para. 0036 – imagery mathematically reshaped to fit the surrogate/figure surfaces).
Regarding claim 17, modified Welch further discloses that the machine-readable instructions, when executed by the one or more processors, cause the one or more processors to:
determine one or more positions associated with the one or more actuators disposed within the animated figured based on the image data (Welch: Para. 0053);
update a skeletal model of the animated figure based on the one or more positions (Welch: Para. 0036); and
generate the set of images based on the updated skeletal model (Welch: Para. 0036).
In order to continuously update the movement and imagery of the avatar/animated figure, it is inherent that the processors of Welch would have to be able to communicate with the actuator system. This includes determining positional information of the actuators and relaying commands based on real-time changes in the animated figure’s poses.
Regarding claim 18, modified Welch further discloses that the data sources are configured to measure temperature, pressure, volume, light intensity, electronic signals, radio signals, infrared signals, optical signals, or any combination thereof (Welch: Para. 0044 – CCD camera inherently measures light intensity).
Regarding claim 19, modified Welch further discloses that the machine-readable instructions, when executed by one or more processors, cause the processor to adjust one or more positions of the one or more actuators within the animated figure to cause the animated figure to form the additional shape (Welch: Para. 0036).
Regarding claim 20, modified Welch further discloses that the data comprises a distance between a projector projecting the set of images onto the external surface of the animated figure and the animated figure (Welch: Para. 0091-0092 – Projector is calibrated with respect to different positions in coordinate frame, therefore including a distance between the projector and its target/animated figure. See also Para. 0020 – position of 3D physical target is determined).
Response to Arguments
Applicant’s arguments with respect to claims 1, 8, and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant notes that Welch alone does not teach an inflatable assembly or that the animated figure comprises valves to move a portion of the body. However, Crawford teaches these limitations through a robotic character/show element with inflatable cavities controlled through valves to enable a more realistic animation. Thus, the device of Welch in combination with the inflatable, valve-controlled apparatus of Crawford (as well at the guest detection of Smrt) renders obvious Applicant’s invention to a POSITA. See prior art rejection supra.
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 SAMANTHA M BERRY whose telephone number is (571)272-0925. The examiner can normally be reached M-F: 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim can be reached at (571) 272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.B./Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711
