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 .
Claim Rejections - 35 USC § 103
1.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.
2. Claim(s) 1 and 3-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20170085834).
Regarding claims 1, 8 and 15, Kim discloses a method, comprising: receiving an image from a first device of a first conference participant (Paragraphs: 0013-0014: Kim discusses a video telephony system wherein the first image display apparatus transmits a first image including a photographed image of a first user to the second image display apparatus); selecting a virtual background image based on a target-background mode set by a second conference participant (Paragraphs: 0054, 0085 and 0128: Kim discusses how the virtual background image may be selected by the user at the beginning of the video call; and how a virtual background image which is set as default may be provided from the storage under the control of the realistic image processor even in response to the user not selecting the background, i.e. based on a target-background mode set); and displaying the modified image on a second device of the second conference participant (Paragraphs: 0055 and 0087: Kim discusses in response to the location of the user having changed, the display may change the virtual background image to reflect depth, and display the changed second image).
Kim discloses the invention set forth above but does not specifically point out “obtaining a modified image by replacing a background segment of the image with at least a portion of the virtual background image” Kim however discloses generating the second image by replacing the first virtual background image of the second image with the second virtual background image to display the second image which has the changed virtual background image on the external apparatus (Kim: Claim.9).
Thus it would have been obvious to one of ordinary skill in the art to interpret the “generating of image by replacing the first virtual background image with the second virtual background image to display”, as obtaining a modified image by replacing a background segment of the image with at least a portion of the virtual background image, as disclosed by Kim, thus allowing to perform a video call to protect privacy when the image display apparatus is located at a fixed location, and can provide a realistic video call when the user's location is changed, as teach by Kim.
Considering claim 3, Kim further discloses the method of claim 1, further comprising: providing a user interface presented on the second device enabling the second conference participant to select the target-background mode (Paragraphs: 0054, 0085 and 0128: Kim discusses how the virtual background image may be selected by the user at the beginning of the video call; and how a virtual background image which is set as default may be provided from the storage under the control of the realistic image processor, i.e. based on a target-background mode set).
Considering claims 4 and 13, Kim further discloses the method of claims 1 and 8, wherein selecting the virtual background image based on the target-background mode set by the second conference participant comprises: selecting the virtual background image from images accessible by the second device (Paragraphs: 0054, 0085 and 0128: Kim discusses how the virtual background image may be selected by the user at the beginning of the video call).
Considering claim 5, Kim further discloses the method of claim 1, further comprising: dividing the virtual background image into multiple portions corresponding to a number of conference participants including at least the first conference participant, the portion of the virtual background image being one of the multiple portions; and preserving a visual continuity of the virtual background image across the multiple portions based on an arrangement of the conference participants in a user interface (Paragraphs: 0029, 0054 and 0060: selecting a virtual background image corresponding to the change in the location from among the stored plurality of virtual background images; and combine the virtual background image according to the changed location).
Considering claim 6, Kim further discloses the method of claim 1, further comprising: providing an option for the second conference participant to select the target-background mode that ensures the virtual background image is displayed with continuous visual elements across multiple participant tiles (Paragraphs: 0054, 0085 and 0128: Kim discusses how a virtual background image which is set as default may be provided from the storage under the control of the realistic image processor even in response to the user not selecting the background).
Considering claim 7, Kim further discloses the method of claim 1, further comprising: receiving, from the second device, a selection of conference participants whose associated background segments being replaced with at least portions of the virtual background image, wherein the selection of the conference participants includes the first conference participant (Paragraphs: 0013-0015).
Considering claims 9 and 16, Kim further discloses the system of claims 8 and 15, wherein the target-background mode indicates that the virtual background image is selected based on a location of the first conference participant (Paragraphs: 0014-0016: change the virtual background image of the second image according to a change in a location of the first user).
Considering claims 10 and 17, Kim further discloses the one or more non-transitory computer readable media of claims 8 and 15, wherein the operations further comprise: receiving, via a user interface, the target-background mode indicating to use a front- facing camera of the second device to obtain the virtual background image (Paragraphs: 0053 and 0082-0084: Kim discusses how a photographed image using a 3D camera to capture a surrounding environment of the user and to generate a real background).
Considering claims 11 and 18, Kim further discloses the system of claims 8 and 15, wherein the target-background mode indicates to use a rear-facing camera of the second device to obtain the virtual background image (Paragraphs: 0053 and 0082-0084).
Considering claim 12, Kim further discloses the system of claim 8, wherein the target-background mode includes an option for the second conference participant to manually select the virtual background image during the conference (Paragraphs: 0015, 0019 and 0067: Kim discusses a user command to perform a video call, substituting the background of the photographed image of the second user with one of the stored plurality of virtual background images; and how the user can select the virtual background image).
Considering claim 14, Kim further discloses the system of claim 8, wherein the selection of the virtual background image is based on user preferences stored in a user profile on the second device (Paragraphs: 0015, 0067 and 0086: the user can select the virtual background image as a default setting).
Considering claim 19, Kim further discloses the one or more non-transitory computer readable media of claim 15, wherein the operations further comprise: receiving, via a user interface, an indication of whether to use the virtual background image is used to set a virtual background of a third conference participant (Paragraphs: 0054 and 0085: setting a default virtual background image that can be used for any conference participant).
Considering claim 20, Kim further discloses the one or more non-transitory computer readable media of claim 15, wherein the operations further comprise: using the virtual background image to obtain respective modified images associated with more than one conference participants (Paragraphs: 0055 and 0087).
3. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20170085834) in view of Baron et al (US 20120050323).
Considering claim 2, Kim fails to disclose the method of claim 2. Baron however discloses claim 2, wherein selecting the virtual background image based on the target-background mode set by the second conference participant comprises: selecting the virtual background image based on a time of day (Paragraphs: 0009, 0027-0028 and 0036: Baron discusses how the current virtual background can be changed according to a predetermined time period and/or the like; and how the system applying a set of virtual background selection rules).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Kim, and modify a system wherein selecting the virtual background image based on the target-background mode set by the second conference participant comprises: selecting the virtual background image based on a time of day, as taught by Barton, thus selecting an initial virtual background for an initial videoconference participant from many virtual backgrounds based on one of two participant identifications by applying the set of virtual background selection rules, as discussed by Barton.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F.
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/YOSEF K LAEKEMARIAM/ Examiner, Art Unit 2691 02/05/2026