DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 103
3. 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1,148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating
obviousness or nonobviousness.
4. Claims 1-2, 6-7, and 12 are rejected under AIA 35 U.S.C. 103 as being obvious over Yerli (US Publication 2023/0336830) in view of Gueye (US Publication 20220129064).
Regarding claim 1, Yerli discloses a platform for providing first person perspective of experiences from a content creator to a plurality of users, each user having a content display with a hardware configuration (Yerli, fig. 1A, para’s 0026-0027, system 100a enables private to public media experiences comprising server computer 102, and content management platform 108. The content management platform 108 creates a media content instance that is visible and accessible only to the content creator device 110. Content creator A 112 may, through the content creator device 110, send a publishing command that is received by the content management platform 108, and enables the media content to be publicly visible and accessible to one or more end users 114 through one or more end user devices 116 connected to the content management platform 108), the platform comprising:
a capture set comprising a plurality of sensors capturing information and a transceiver (Yerli, para. 0030, sensing mechanisms mounted on the user device, i.e., the device of content creator user, may include a combination of inertial tracking sensing mechanisms and transceivers);
a server in wireless communication with the transceiver that receives the information from the plurality of sensors and creates a content package conveying the first-person perspective of the content creator (Yerli, para’s 0026-0027 and 0031-0035, system 100a comprises at least one server computer 102 and content management platform 108 of a server computer system for hosting one or more external 3D engines 120, e.g., external 3D engines A-N from corresponding external engine servers 122 (e.g., engine server A) and at least one cloud 3D engine 124 via communication network 132. The media content instance may be a media content item comprising specific attributes, as defined by the media content creator 112 through the content management platform 108 during a media content creation process; the media content may be created through either of the external 3D engines 120 or the cloud 3D engine 124, and then, if published, made available to end-user devices 116 through the content management platform 108 that may be accessed by end users 114 through the network 132; the media stream may include digital reality content including 3D image data, 3D geometries, 3D entities, 3D sensory data, 3D dynamic objects, video data, audio data, textual data, time data, positional data, orientational data, haptic data, and lighting data, amongst other; it is implicit or obvious that creator’s content can be generated using sensory data for enhancing quality of content (This statement is not that clear, I would reject under 103 with another teaching reference. This feature is easily found.); para. 0050, communication network 132 may provide wireless communication and contribute to the reduction of network latency. This results in high-quality, low latency, real-time digital application content streaming); and
a cloud-based application that relays the content package to the content displays of the plurality of users (Yerli, para’s 0032 and 0050, the media content may be created through either of the external 3D engines 120 or the cloud 3D engine 124, and then, if published, made available to end-user devices 116 through the content management platform 108 that may be accessed by end users 114 through the wireless network 132).
Yerli does not explicitly disclose but Gueye discloses the server receives the environmental information from the plurality of sensors (Gueye, para. 0059, communication device 302 may be configured for performing a step of receiving one or more environmental sensor data from one or more environmental sensors. Further, the one or more environmental sensors may be configured for generating the one or more environmental sensor data based on capturing one or more environment characteristics of an environment associated with the user. Further, the processing device 304 may be configured for performing a step of analyzing the one or more environmental sensor data. Further, the determining of the two or more user preferences may be further based on the analyzing of the one or more environmental sensor data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Gueye’s environmental information received from environmental sensors into Yerli’s content management platform for enhancing interactions between creator and users by providing enriched creator’s content.
Regarding claim 2, Yerli-Gueye discloses the platform of claim 1 wherein the content package is relayed substantially in real time (Yerli, para. 0032, the media content may be created through either of the external 3D engines 120 or the cloud 3D engine 124, and then, if published, made available to end-user devices 116 through the content management platform 108 that may be accessed by end users 114 through the network 132.; para. 0050, communication network 132 may provide wireless communication and contribute to the reduction of network latency. This results in high-quality, low latency, real-time digital application content streaming).
Regarding claim 6, Yerli-Gueye discloses the platform of claim 1, wherein the content display is at least one of a desktop monitor and speakers, a virtual reality headset, and a mobile device display (Yerli, fig. 1A, content creator device and user device may include mobile device display; para. 0029, headset).
Regarding claim 7, Yerli-Gueye discloses the platform of claim 2, wherein the platform allows the plurality of users to interact with the content creator during the experience (Yerli, para. 0046, both content creators 112 and end users 114 accessing the content management platform 108 may access the media content as an added element of the virtual environment 134 to be viewed flat (e.g., as 2D content or rendered 3D content on a flat screen) or in virtual reality, enabling them to edit and interact with the media content independent of the 3D engine through which the media content was created and of the external engine server 122 where the 3D engine is hosted; fig. 1A, para. 0029, content creator device 110 and end user device 116 may refer to the same type of computing device configured to view and access the media content items available from the content management platform 108. The same user may be both a content creator and end-user of the same content or of content of other users, such as when the content creator has created a media content item, has published it, and then decides to consume the media content item as an end-user, or decides to consume the media content items of other content creators).
Claim 12 is rejected for the same reasons set forth in claim 1.
5. Claims 3 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Yerli-Gueye, as applied to claim 1 above, in view of Huff et al. (US Patent 11,256,387).
Regarding claim 3, Yerli-Gueye discloses the platform of claim 1.
Yerli-Gueye does not explicitly disclose but Huff discloses wherein the platform includes the technical specifications of the content display and tailors the content package to realistically reproduce the first-person perspective at the content display based on the hardware configuration of the content display (Huff, col. 4, lines 12-50, the multi-platform media content data and logic structure 103 can cause the simulated true-to-life preview section 220 to show a piece of content (e.g., 105) with exact proportional dimensions and appearance as it would appear under actual non-simulated real-world circumstances for a particular media platform (e.g., 175, 180, and/or 185) and associated physical device (e.g., 190, 192, 194, and/or 196). The multi-platform omni-channel content creation and distribution system 100 can allow a user to preview the piece of content 105 in simulated true-to-life form for any combination of platforms or channels (e.g., 175, 180, and/or 185) and/or physical device (e.g., 190, 192, 194, and/or 196). The channels can include user configured channels, as described in further detail below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Huff’s omni-channel platform implementation into Yerli-Gueye’s content management platform for providing effective interaction between content creator and viewing users by enabling the creator’s content to be presented in a wide variety of viewing devices.
6. Claims 4-5 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Yerli-Gueye, as applied to claim 1 above, in view of Staib (US Publication 2025/0054241).
Regarding claim 4, Yerli-Gueye discloses the platform of claim 1.
Yerli-Gueye does not explicitly disclose but Staib discloses wherein the plurality of sensors comprises at least one camera configured to capture environmental information near the eyes of the content creator, and at least one microphone configured to capture environmental information near the ear of the content creator (Staib, para. 0071, creator may wear a pair of AR glasses with camera and microphone to capture visual information near the eye of the creator and audio information near the ear of the creator).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Staib’s visual and audio sensors of AR glasses into Yerli-Gueye’s content management platform for enhancing interaction between content creator and viewing users by providing content that more effectively describes creator ‘s experience of the nearby environmental information.
Regarding claim 5, Yerli-Gueye-Staib discloses the platform of claim 4, wherein the capture set is a pair of glasses having a frame, a first arm, and a second arm, wherein each arm houses a camera and a microphone (Yerli, fig. 4A, content creator 402 and end users 404 may wear a headset which may comprise a pair of glasses having a frame, a first arm, and a second arm; para. 0029, headset; Staib, fig. 2, para. 0056, the AR user device (401) referred to as the AR device (401) may be a smart phone, tablet computer, AR headset, digital glasses).
The motivation to combine the references and obviousness arguments are the same as claim 4.
7. Claims 8, 10 and 11 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Yerli-Gueye, as applied to claim 7 above, in view of Merenda (US Publication 2022/0376531).
Regarding claim 8, Yerli-Gueye discloses the platform of claim 7, wherein the platform allows the plurality of users to interact with the content creator during the experience as disclosed in claim 7 above (see Yerli, para. 0046, both content creators 112 and end users 114 accessing the content management platform 108 may access the media content as an added element of the virtual environment 134 to be viewed flat (e.g., as 2D content or rendered 3D content on a flat screen) or in virtual reality, enabling them to edit and interact with the media content independent of the 3D engine through which the media content was created and of the external engine server 122 where the 3D engine is hosted; fig. 1A, para. 0029, content creator device 110 and end user device 116 may refer to the same type of computing device configured to view and access the media content items available from the content management platform 108. The same user may be both a content creator and end-user of the same content or of content of other users, such as when the content creator has created a media content item, has published it, and then decides to consume the media content item as an end-user, or decides to consume the media content items of other content creators).
Yerli-Gueye does not explicitly disclose but Merenda discloses wherein any interactions between users and the content creator are reproduced at each content display of the plurality of users to create a shared experience for the content creator and the plurality of users (Merenda, fig’s 3 and 4, fig’s 3 and 4, para’s 0023-0024, and 0057-0058, a view of the components of the docking station and the multipurpose accessory and storage system with the wireless capable REM attached to a handheld electronic device; as shown are the REM camera 1190 and sensor 1220, and the second camera 1430. It is obvious that the platform as described above can be implemented with a creator user device or consumer device; as such, the display can capture movement of and interaction between the creator user and the consumer user).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Merenda’s features of a media streaming stand into Yerli-Gueye’s content management platform for providing convenience for consumer user and content’s creator to display interaction between creator user and consumer users.
Regarding claim 10, Yerli-Gueye discloses the platform of claim 7, and further discloses a content consumers system (see fig. 1A, para. 0029, content creator device 110 and end user device 116 may refer to the same type of computing device configured to view and access the media content items available from the content management platform 108. The same user may be both a content creator and end-user of the same content or of content of other users, such as when the content creator has created a media content item, has published it, and then decides to consume the media content item as an end-user, or decides to consume the media content items of other content creators).
Yerli-Gueye does not explicitly disclose but Merenda discloses a content consumers system wherein the content consumer's system has a support device and a second camera wherein the second camera is coupled to a mount wherein the content display is coupled to a docking station and the second camera (Merenda, fig’s 3 and 4, para’s 0023-0024, and 0057-0058, a view of the components of the docking station and the multipurpose accessory and storage system with the wireless capable REM attached to a handheld electronic device; as shown are the REM camera 1190 and sensor 1220, and the second camera 1430. It is obvious that the platform as described above can be implemented with an end user or consumer device; as such, the display can capture movement of the end user or consumer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Merenda’s features of a media streaming stand into Yerli-Gueye’s content management platform for providing convenience for consumer user and content’s creator to interact with each other.
Regarding claim 11, Yerli-Gueye-Merenda discloses the platform of claim 10 wherein the second camera recognizes the content consumer's head movements and the content display shows the view from the content creator in real-time as the content consumer's head moves (Yerli, fig. 1A, para. 0029, content creator device 110 and end user device 116 may refer to the same type of computing device configured to view and access the media content items available from the content management platform 108. The same user may be both a content creator and end-user of the same content or of content of other users, such as when the content creator has created a media content item, has published it, and then decides to consume the media content item as an end-user, or decides to consume the media content items of other content creators; Merenda, fig’s 3 and 4, fig’s 3 and 4, para’s 0023-0024, and 0057-0058, a view of the components of the docking station and the multipurpose accessory and storage system with the wireless capable REM attached to a handheld electronic device; as shown are the REM camera 1190 and sensor 1220, and the second camera 1430. It is obvious that the platform as described above can be implemented with an end user or consumer device; as such, the display can capture movement of the end user or consumer).
The motivation to combine the references and obviousness arguments are the same as claim 10.
8. Claims 9 and 13 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Yerli-Gueye, as applied to claims 1 and 12 above, in view of McBeth (US Publication 2024/0205483).
Regarding claim 9, Yerli-Gueye discloses the platform of claim 1.
Yerli-Gueye does not explicitly disclose but McBeth discloses a payment portal that allows the content creator to design and implement payment terms for access to the content package (McBeth, para. 0050, the present system allows creators to have complete control over distribution and monetization of their content without needing to rely on third-parties, which further solidifies the direct interaction and access that creators and fans want to experience; para. 0068, a creator has 1000 fans regardless of whether the creator leaves the social media platforms (e.g., closing his/her accounts on these platforms). Blockchain module 306 stores the data associated with the creator in the blockchain. The data includes the content data, interaction data, audience relationship data, and any other data related to content generation. Blockchain module 306 uses tokens such as Ethereum to directly provide payment to a creator in a web browser; controlling access to creator content implies restriction to content access; ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate McBeth features into Yerli-Gueye’s content management platform for promoting quality media streaming to end users by providing monetary incentives to media’s creator upon granting access to streaming media.
Claim 13 is rejected for the same reasons set forth in claim 9 (see McBeth, para. 0050, the present system allows creators to have complete control over distribution and monetization of their content without needing to rely on third-parties, which further solidifies the direct interaction and access that creators and fans want to experience; para. 0068, a creator has 1000 fans regardless of whether the creator leaves the social media platforms (e.g., closing his/her accounts on these platforms). Blockchain module 306 stores the data associated with the creator in the blockchain. The data includes the content data, interaction data, audience relationship data, and any other data related to content generation. Blockchain module 306 uses tokens such as Ethereum to directly provide payment to a creator in a web browser; controlling access to creator content implies restriction to content access; providing the content package on demand when the payments have been rendered are implicit or obviously disclosed).
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOI H TRAN whose telephone number is (571)270-5645. The examiner can normally be reached 8:00AM-5:00PM PST FIRST FRIDAY OF BIWEEK OFF.
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/LOI H TRAN/Primary Examiner, Art Unit 2484