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 .
This application is a continuation of U.S. Patent Application No. 18/213,652, filed June 23, 2023, now U.S. Patent No. 12,075,136, which is a continuation of U.S. Patent Application No. 17/867,820, filed July 19, 2022, now U.S. Patent 11,736,780, which is a continuation of U.S. Patent Application No. 16/797,547, filed February 21, 2020, now U.S. Patent 11,425,470.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,425,470. Although the claims at issue are not identical, they are not patentably distinct from each other as the table below shows that the like lettered elements of claim 1 of the instant application correspond across the column to the like lettered elements of claim 1 of patent 11,425,470 and although the claims at issue are not identical, they are not patentably distinct from each other as presented in the table below.
It is clear to one of ordinary skill in the art prior to the effective filing date of the invention that all the elements of the application claim 1 are to be found in patent claim 1 as the application claim 1 fully encompasses patent claim 1. The difference between the application claim 1 and the patent claim 1 lies in the fact that the patent claim includes more elements and is thus more specific. Thus, the invention of claim 1 of the patent is in effect a “species” of the “generic" invention of the application claim 1. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 1 is anticipated by claim 1 of the patent, it is not patentably distinct from claim 1 of the patent.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 11,425,470. Although the claims at issue are not identical, they are not patentably distinct from each other as shown the table below that the like lettered elements of claim 11 of the instant application correspond across the column to the like lettered elements of claim 9 of patent 11,425,470 and although the claims at issue are not identical, they are not patentably distinct from each other as presented in the table below.
It is clear to one of ordinary sill in the art prior to the effective filing date of the invention that all the elements of the application claim 11 are to be found in patent claim 9 as the application claim 11 fully encompasses patent claim 9. The difference between the application claim 11 and the patent claim 9 lies in the fact that the patent claim includes more elements and is thus more specific. Thus, the invention of claim 9 of the patent is in effect a “species” of the “generic" invention of the application claim 11. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 11 is anticipated by claim 9 of the patent, it is not patentably distinct from claim 9 of the patent.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 11,425,470 as the instant application has at least one examined application claim that is not patentably distinct from a reference claim of U.S. Patent No. 11,425,470.
Application 18/780,683
Patent 11,425,470 - Application 16/797,547
(a) 1. A method for generating a graphically animated audience, the method comprising:
(b) capturing biometric data via a sensor during display of content via a device during a first viewing session;
(c) storing the biometric data in association with content attributes of the content;
(d) mapping the biometric data to one or more avatars;
(e) generating an avatar animation of the one or more avatars based on the mapping of the biometric data to the one or more avatars and the content attributes of the content;
(f) providing, during a second viewing session after the first viewing session,
(g) the avatar animation for display in synchronization with display of the content according to the stored biometric data associated with the content attributes of the content.
(a) 1. A method for generating a graphically animated audience, the method comprising:
(b) capturing biometric data via a sensor during display of content via a first device during a first viewing session;
(c) storing the biometric data in association with temporal data of content metadata of the content for access during a second viewing session after the first session;
(d) mapping the biometric data to an avatar;
(e) generating an avatar animation of the avatar based on the mapping of the biometric data to the avatar and the temporal data of the content metadata; and
(f) providing, during the second viewing session after the first viewing session, via a second device,
(g) the avatar animation for display in synchronization with display of the content according to the stored biometric data associated with the temporal data of the content metadata.
(a) 11. A system for generating a graphically animated audience, the system comprising:
(b) a memory configured to store,
(c) biometric data captured via a sensor during display of content via a device during a first viewing session; and
(d) control circuitry configured to:
(e) capture biometric data via a sensor during display of content via a device during a first viewing session; store the biometric data in association with content attributes of the content;
(f) map the biometric data to one or more avatars;
(g) generate an avatar animation of the one or more avatars based on the mapping of the biometric data to the one or more avatars and the content attributes of the content;
(h) provide, during a second viewing session after the first viewing session,
(i) the avatar animation for display in synchronization with display of the content according to the stored biometric data associated with the content attributes of the content.
(a) 9. A system for generating a graphically animated audience, the system comprising:
(b) a memory configured to store,
(c+e) in association with temporal data of content metadata of content,
(c+e) biometric data, captured via a sensor during display of the content via a first device during a first session, for access during a second session after the first session; and
(d) processing circuitry configured to:
(f) map the biometric data to an avatar; and
(g) generate an avatar animation of the avatar based on the mapping of the biometric data to the avatar and the content metadata; and
(h) provide, during the second session after the first session, via a second device,
(i) the avatar animation for display in synchronization with display of the content based on the stored biometric data associated with the temporal data of the content metadata.
.
Allowable Subject Matter
The Examiner has determined that claims 1-20 overcome all the art of record associated with the parent applications listed above, and that art deemed available in an updated search as shown in the record accompanying this Office Action. The claims, however, stand rejected as presented in the Double Patenting Rejection Section above and thus, are not yet in condition for allowance.
Conclusion
The following prior art, made of record, was not relied upon but is considered pertinent to applicant's disclosure:
US 20200258280 A1 Electronic Device for Providing Avatar Animation and Method Thereof - An electronic device includes a display, at least one sensor, a processor operatively connected to the display and the at least one sensor, and a memory operatively connected to the processor. The memory stores instructions that, when executed, cause the processor to control the electronic device to obtain a first input associated with generation of a first avatar animation, to obtain first data for a first object based on the obtained first input, to obtain second data for a second object based on the obtained first input and a specified scheme, to generate the first avatar animation based on the first data and the second data, and to display the first avatar animation. According to an embodiment, the rule-based generation module 424 may enter the rule based, for example, on at least one of the correlation of a plurality of objects, the facial expression of the user, the emotional state of the user, or the like. The rule-based generation module 424 may generate animation data based on transition probabilities for objects and the previously entered rule. A rule-based animation generation scheme is described in greater detail with reference to FIGS. 6A, 6B and 6C. The rule-based generation module 424 may generate the animation data to which a previously entered rule is applied, by performing key frame interpolation for applying interpolation to the region between key frames or by applying machine learning.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Edward Martello whose telephone number is (571) 270-1883. The examiner can normally be reached on M-F 8:30-6:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tammy Goddard, can be reached at telephone number (571) 272-7773. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWARD MARTELLO/Primary Examiner, Art Unit 2611