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 office correspondence is in response to “Amendment and Response under 37 C.F.R. 1.111 filed on March 19, 2026 in response to a non-final office action issued on December 19, 2025.
Claims 21 – 24, 26, 28, 30 – 36, and 38 are pending.
Claims 21 – 24, 26, 28, 30 – 36, and 38 are amended.
Claims 25, 27, 29, and 37 are cancelled.
Claims 21 – 24, 26, 28, 30 – 36, and 38 are rejected.
Applicant’s arguments filed on 3/19/2026 has been fully considered:
In regard to claims 21 – 24, 26, 28, 30 – 36, and 38 which were rejected on the ground of non-provisional non-statutory anticipatory-type double patenting as being unpatentable over claims 1- 17 of U.S. Patent No. 12,108,118, the applicant is holding in abeyance a response, therefore the rejections are not withdrawn.
In regard to claims 21 – 24, 26, 28, 30 – 36, and 38 which were rejected under 35 U.S.C. 103 at least one argument is persuasive to the rejection of claims from the last office action and said rejections are withdrawn, but applicant’s amendment necessitated a new search and consideration resulting in a new grounds of rejections for claims 21 – 24, 26, 28, 30 – 36, and 38 under 35 U.S.C. 103. The examiner here now responds to each argument. Underlined text indicates claim language that was amended since the last office action.
In regard to claims 21, 30 – 32, 36 and 38, the applicant argues the prior art combination of Quinn, Huang, Shekel, and Decrop fails to anticipate, disclose or teach:
“control the first user device to simultaneously mute outgoing audio and modify outgoing video captured by the first user device,” (as recited in claim 21 and substantially replicated in claims 32 and 38)
The applicant states:
“ . . . Each independent claims 21, 32, and 38 recites a first user device displaying a virtual meeting is controlled to simultaneously mute outgoing audio and modify outgoing video captured by the first user device while other user devices displaying the virtual meeting continue with the meeting. The office action argues that each of independent claims 21, 32, and 38 are disclosed by a combination of five different prior art references: Jones, Quinn, Huang, Shekel, and Decrop. None of these references, alone or in combination, teaches or suggests controlling, e.g., by a server in the case of system claim 21, a user device to simultaneously mute the device's outgoing audio and modify the device's outgoing video. The Applicant will address each of the five prior art references cited against independent claims 21, 32, and 38.
First, Jones describes a virtual conference with entertainment features, noting a Start/Pause control for entertainment options such as games and jukeboxes. As stated, the control relates to actual entertainment features and NOT controlling, muting, or modifying a user device's outgoing audio and video simultaneously or otherwise. According to Jones, "[a] simple user interface, such as a button 6618, may be provided in which a conference participant can select in order to pause or to activate an entertainment feature." Jones at [0258]. The disclosure in Jones describes no control action or operation that simultaneously mutes outgoing audio and modifies outgoing video.
Second, Quinn addresses recording and replaying an otherwise live conference in so that users may catch up on missed content. Quinn enables replay of prior portions of a conference while attending the live conference, including optional muting of live or replay audio streams. Quinn does not disclose controlling a user device to simultaneously mute the device's outgoing audio and modify its outgoing video. More specifically, Quinn describes replay audio control options concurrent with live audio; however, this relates to playback management, and not a control action or operation that mutes outgoing audio and modifies outgoing video simultaneously from the local or user device. See e.g., Quinn at [0117]- [0121], [0124].
Third, Huang concerns a hybrid cloud/camera AI computer vision system for security cameras, in which a smart camera selects still images for server-side analysis to reduce bandwidth and cost. Huang is directed to triggering events and AI analysis for security - it has nothing to do with virtual meeting controls, and it does not disclose simultaneous muting of outgoing audio and modification of outgoing video in a virtual meeting.
Fourth, Shekel describes location-based anonymous text chat rooms, including a pause button that interrupts text conversations so that "no one can send or receive comments to/from the user who paused." This teaching concerns text chat messaging, not outgoing audio and outgoing video in a virtual meeting. Clearly, Shekel fails to disclose simultaneous muting of outgoing audio and modification of outgoing video in such virtual meetings. See Shekel at [0063]-[0069].
Fifth, Decrop addresses audio notification tone confusion by monitoring an online conference audio stream and generating ameliorative actions when tones match multiple participant devices. This is completely unrelated to simultaneous muting of outgoing audio and modifying outgoing video of a participant's user device, as expressly required by each of the present independent claims. See Decrop at [0003]-[0005].
The cited prior art fails to disclose or suggest all the required limitations set forth in each of the independent claims, namely, control of a user device displaying a virtual meeting "to simultaneously mute outgoing audio and modify outgoing video captured by the first user device" while "other user devices continue with the virtual meeting while the outgoing audio is muted and the outgoing video is modified." The office action's reliance on the disparate features-entertainment pause (Jones), replay controls (Quinn), security camera frame selection (Huang), text chat pause (Shekel), and notification tone mitigation (Decrop)-does not teach or suggest these expressly required limitations in each of claims 21, 32, and 38 even if one assumes there is a legitimate rationale for combining the teachings of all five of these references. The remaining prior art references, Krol, Stewart, Alexander, Siohan, and Bader, are cited for allegedly disclosing subject matter not relevant to the claim limitations discussed above with respect to claims 21, 32, and 38.
For at least these reasons presented above, the cited prior art cannot support a prima facie case of obviousness with respect to claims 21, 32, and 38, as all of the claim limitations in each of these claims are not taught by the prior art, alone or in combination. Independent claims 21, 32, and 38 are, therefore, patentable over the cited prior art, at least as amended. So too are claims 22-24, 26, 28, 30, 31, and 33-36, at least because each of these claims depends from either independent claim 21 or independent claim 32. Accordingly, the Applicant respectfully requests that the Examiner withdraw the claim rejections summarized above. . . .” (Applicant’s remarks pages 9 – 11)
In response to applicant’s argument:
The applicant’s amendments substantially changed the scope of the independent claims by implementation of extensive modifications that renders the rejections described in the prior office action as no longer valid. Therein said rejections under 35 USC 103 are withdrawn, but applicant’s amendments triggered a new search and consideration of the amended claims to find new grounds of rejection under 35 USC 103. Those new rejections are described below.
The examiner recommends that the applicant review the specification for disclosure that if integrated into the independent claims would distinguish the amended claims from the cited prior art. The applicant should file the terminal disclaimer for the double patenting prior to the next response. The applicant is invited to contact the examiner for an interview to discuss how to move the prosecution forward.
Authorization for Internet Communications
The examiner encourages Applicant to submit an authorization to communicate with the examiner via the Internet by making the following statement (from MPEP 502.03):
“Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.”
Please note that the above statement can only be submitted via Central Fax (not Examiner's Fax), Regular postal mail, or EFS Web using PTO/SB/439.
Priority
This application claims priority to U.S. Patent Application 17/829303 filed on May 31,2022 (issued as U.S. Patent 12,108,118 on October 1, 2024). Since the applications were co-pending at the time of the instant application’s file date, the applicant is entitled to the benefit claim to the prior-filed application, and thus the application is entitled to a priority date of 5/31/2022.
Double Patenting
The non-statutory 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 non-statutory double patenting rejection is appropriate where the conflicting claims 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); 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 non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21, 32 and 38 are rejected on the ground of non-provisional non-statutory anticipatory-type double patenting as being unpatentable over Claims 1, 12, and 17 of U.S. Patent 12,108,118. Although the conflicting claims are not identical, they are not patently distinct from each other because both sets of claims are directed to the same invention. This is a non-provisional non-statutory obviousness-type double patenting rejection since the claims directed to the same invention have in fact been patented.
In regard to claim 21:
Application 18/821033
U.S. Patent 12,108,118
A system for controlling a virtual meeting, the system comprising:
1. A system for controlling user interactions in a virtual meeting, comprising
a cloud server configured to:
a cloud server that comprises a processor, wherein the processor is configured to:
control a user interface on a first user device, and other devices to display the virtual meeting; and
control display of a user interface on a plurality of user devices, wherein the user interface comprises a virtual environment to facilitate the virtual meeting among a plurality of participants of the plurality of user devices;
receive a first user input corresponding to an activation of a pause user interface element on the user interface from a first user device of the plurality of user devices;
in response to the received first user input corresponding to the activation of the pause user interface element at the first user device,
control the first user device to simultaneously mute outgoing audio and modify outgoing video captured by the first user device.
(1) control a first set of device functions associated with a first set of components of the first user device engaged in the virtual meeting, and
wherein the other devices continue with the virtual meeting while the outgoing audio is muted and the outgoing video is modified.
(2) select a frozen image frame for display from a set of image frames previously captured by an image-capture component of the first user device during the virtual meeting and prior to the activation of the pause user interface element,
wherein the frozen image frame for display is selected based on a user standard,
wherein the control of the first set of device functions comprises pausing an outgoing audio as well as an outgoing video feed concomitantly from the first user device, and
wherein the first set of components comprises an audio capture component and the image-capture component of the first user device;
cause the other user devices of the plurality of user devices to continue to interact in the virtual environment in the virtual meeting while the outgoing audio and the outgoing video feed from the first user device is selectively paused;
receive a second user input from the first user device subsequent to the receipt of the first user input to further activate the pause user interface element on the user interface; and
in response to the second user input,
(1) control a second set of device functions concomitant to the first set of device functions when the second user input is received subsequent to the receipt of the first user input, and
(2) the control of the second set of device functions comprises restricting incoming audio from the other user devices to be played at the first user device independent of muting corresponding audio capture components of the other user devices.
It is clear that all of the elements of the instant application 18/821033 (herein ‘033) claim 21 are to be found in U.S. Patent 12,108,118 (herein ‘118) claim 1 (as the instant application ‘033 claim 21 fully encompasses Patent ‘118 claim 1). The difference between ‘033 claim 21 and ‘118 claim 1 lies in the fact that the ‘118 claim includes many more elements and is thus much more specific. Thus the invention of claim 1 of the 118 patent is in effect a “species” of the “generic” invention of ‘033 claim 21. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since the ‘033 claim 21 is anticipated by claim 1 of ‘118, it is not patently distinct from ‘118 claim 1.
In regard to claim 32:
Application 18/821033
U.S. Patent 12,108,118
A method for controlling a virtual meeting, the method comprising:
12. A method for controlling user interactions in a virtual meeting, the method comprising:
In a cloud server:
controlling a user interface on a first user device and other user devices to display the virtual meeting; and
controlling display of a user interface on a plurality of user devices, wherein the user interface comprises a virtual environment to facilitate the virtual meeting among a plurality of participants of the plurality of user devices;
receiving a first user input corresponding to an activation of a pause user interface element on the user interface from a first user device of the plurality of user devices;
in response to the received first user input corresponding to the activation of the pause user interface element at the first user device,
controlling the first user device to simultaneously mute an outgoing audio and modify outgoing video captured by the first user device,
(1) controlling a first set of device functions associated with a first set of components of the first user device engaged in the virtual meeting, and
wherein the other user devices continue with the virtual meeting while the outgoing audio is muted and the outgoing video is modified.
(2) selecting a frozen image frame for display from a set of image frames previously captured by an image-capture component of the first user device during the virtual meeting and prior to the activation of the pause user interface element,
wherein the frozen image frame for display is selected based on a user standard,
wherein the control of the first set of device functions comprises pausing an outgoing audio as well as an outgoing video feed concomitantly from the first user device, and
wherein the first set of components comprises an audio capture component and the image-capture component of the first user device;
causing the other user devices of the plurality of user devices to continue to interact in the virtual environment in the virtual meeting while the outgoing audio and the outgoing video feed from the first user device is selectively paused;
receive a second user input from the first user device subsequent to the receipt of the first user input to further activate the pause user interface element on the user interface; and
in response to the second user input,
(1) control a second set of device functions concomitant to the first set of device functions when the second user input is received subsequent to the receipt of the first user input, and
(2) the control of the second set of device functions comprises restricting incoming audio from the other user devices to be played at the first user device independent of muting corresponding audio capture components of the other user devices
It is clear that all of the elements of the instant application 18/821033 (herein ‘033) claim 32 are to be found in U.S. Patent 12,108,118 (herein ‘118) claim 12 (as the instant application ‘033 claim 32 fully encompasses Patent ‘118 claim 12). The difference between ‘033 claim 32 and ‘118 claim 12 lies in the fact that the ‘118 claim includes many more elements and is thus much more specific. Thus the invention of claim 12 of the 118 patent is in effect a “species” of the “generic” invention of ‘033 claim 32. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since the ‘033 claim 32 is anticipated by claim 12 of ‘118, it is not patently distinct from ‘118 claim 12.
In regard to claim 38:
Application 18/821033
U.S. Patent 12,108,118
A non-transitory computer-readable medium having stored thereon computer implemented instructions which, when executed by a computer, cause the computer to execute operations comprising:
17. A non-transitory computer-readable medium having stored thereon computer-implemented instructions which, when executed by a computer, causes the computer to execute operations comprising:
controlling a user interface on a first user device, and other user devices to display a virtual meeting; and
controlling display of a user interface on a plurality of user devices,
wherein the user interface comprises a virtual environment to facilitate the virtual meeting among a plurality of participants of the plurality of user devices;
receiving a first user input corresponding to an activation of a pause user interface element on the user interface from a first user device of the plurality of user devices;
in response to the received first user input corresponding to the activation of the pause user interface element at the first user device,
controlling the first user device to simultaneously mute an outgoing audio and modify outgoing video captured by the first user device,
(1) controlling a first set of device functions associated with a first set of components of the first user device engaged in the virtual meeting, and
wherein the other user devices continue with the virtual meeting while the outgoing audio is muted and the outgoing video is modified.
(2) selecting a frozen image frame for display from a set of image frames previously captured by an image-capture component of the first user device during the virtual meeting and prior to the activation of the pause user interface element,
wherein the frozen image frame for display is selected based on a user standard,
wherein the control of the first set of device functions comprises pausing an outgoing audio as well as an outgoing video feed concomitantly from the first user device, and
wherein the first set of components comprises an audio capture component and the image-capture component of the first user device;
causing the other user devices of the plurality of user devices to continue to interact in the virtual environment in the virtual meeting while the outgoing audio and the outgoing video feed from the first user device is selectively paused;
receive a second user input from the first user device subsequent to the receipt of the first user input to further activate the pause user interface element on the user interface; and
in response to the second user input,
(1) control a second set of device functions concomitant to the first set of device functions when the second user input is received subsequent to the receipt of the first user input, and
(2) the control of the second set of device functions comprises restricting incoming audio from the other user devices to be played at the first user device independent of muting corresponding audio capture components of the other user devices.
It is clear that all of the elements of the instant application 18/821033 (herein ‘033) claim 38 are to be found in U.S. Patent 12,108,118 (herein ‘118) claim 17 (as the instant application ‘033 claim 38 fully encompasses Patent ‘118 claim 17). The difference between ‘033 claim 38 and ‘118 claim 17 lies in the fact that the ‘118 claim includes many more elements and is thus much more specific. Thus the invention of claim 17 of the 118 patent is in effect a “species” of the “generic” invention of ‘033 claim 38. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since the ‘033 claim 38 is anticipated by claim 17 of ‘118, it is not patently distinct from ‘118 claim 17.
Claim Analysis - 35 USC § 101 (Judicial Exception)
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The claimed invention is directed to statutory subject matter and no 35 USC 101 rejection is applied for the judicial exception. The claims are directed to non-abstract improvements in computer related technology. The claimed subject matter is integrated into a practical application under Prong 2 of the Step 2A analysis described in MPEP 2016.04(d). A claim is non-statutory when it is directed to a judicial exception (e.g. either one of mathematical concepts, mental processes, or certain methods of organizing human activity) without significantly more. The claimed invention is not directed to a judicial exception. Instead, the claimed invention is directed to a technological improvement for controlling a virtual meeting, where a cloud server is configured to control a user interface on a first user device, and other devices to display the virtual meeting; and to control the first user device to simultaneously mute outgoing audio and modify outgoing video captured by the first user device, wherein the other devices continue with the virtual meeting while the outgoing audio is muted and the outgoing video is modified. The ordered combination of the elements and limitations bound the claimed invention to a specific and useful improvement for controlling via a computerized user interface the user interactions in a virtual meeting produced in a computerized environment to enable selective pausing.
Claim Rejections - 35 USC § 103
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.
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 21 – 24, 26, 28, 30 – 36, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (U.S. 2022/0321832 A1; herein referred to as Lin) in view of Wang et al. (U.S. 2024/0121358 A1; herein referred to as Wang)
In regard to claim 21, Lin teaches a system for controlling a virtual meeting (see abstract “ . . Aspects of the present disclosure involve a system comprising a computer-readable storage medium storing a program and method for providing side conversations within a virtual conferencing system. The program and method provide, in association with a virtual conference among plural participants, a first audio channel for sharing among the plural participants; provide, for each of the plural participants, display of a participant video element which corresponds to the participant and which includes a user-selectable button to initiate a side conversation with the participant; receive indication of a user selection, by a first participant, of the user-selectable button for initiating a side conversation with a second participant of the plural participants; and provide a second audio channel from a first device associated with the first participant to a second device associated with the second participant, in conjunction with providing the first audio channel to the second device. . . .”), the system comprising:
a cloud server (e.g. Fig. 1 Virtual Conference Server System) (see ¶ [0018] “ . . . FIG. 1 is a block diagram showing an example virtual conferencing system 100 for exchanging data over a network. The virtual conferencing system 100 includes multiple instances of a client device 102, each of which hosts a number of applications, including a virtual conference client 104 and other application(s) 106. Each virtual conference client 104 is communicatively coupled to other instances of the virtual conference client 104 (e.g., hosted on respective other client devices 102), a virtual conference server system 108 and third-party servers 110 via a network 112 (e.g., the Internet). A virtual conference client 104 can also communicate with locally-hosted applications 106 using Applications Program interfaces (APIs) . . .”) configured to:
control a user interface on a first user device, and other devices to display the virtual meeting (see ¶ [0030] “ . . . The user at the first client device 102 may initiate the virtual conference by selecting an appropriate user interface element provided by the virtual conference client 104, thereby prompting the invited participants, at their respective devices (e.g., one or more second client devices 102), to accept or decline participation in the virtual conference. When the participant(s) have accepted the invitation (e.g., via the prompt), the virtual conference server system 108 may perform an initialization procedure in which session information is published between the participant client devices 102, including the user who provided the invite. Each of the participant client devices 102 may provide respective session information to the virtual conference server system 108, which in turn publishes the session information to the other participant client devices 102. The session information for each client device 102 may include content stream(s) and/or message content that is made available by the client device 102, together with respective identifiers for the content stream(s) and/or message content. . . .”) ; and
control the first user device to simultaneously mute outgoing audio (see ¶ [0056] “ . . . the controls interface 502 includes user-selectable icons corresponding to controls (e.g., administrative controls) for the virtual space. For example, the controls interface 408 include icons including but not limited to: an edit icon for redirecting to the virtual space design interface 204 to edit the current room; a volume icon for adjusting a volume level for the current room; a share screen icon (e.g., for allowing others to view the room without necessarily joining the room); a microphone icon for muting and unmuting the microphone; a help icon (e.g., getting started, discord, live help, submitting feedback); an invite icon (e.g., for displaying an invite link for participants to visit the virtual space); a settings icon (e.g., for selecting the end user's video and audio devices for the virtual conferencing, and for selecting a user avatar); and/or an exit icon for exiting the virtual space design interface 204. . . .”) and modify outgoing video captured by the first user device (see ¶ [0074] “ . . . the first client device 602 may update display of the participant video element(s) for the third participant(s). For example, the virtual conference client 104 running on the first client device 602 (e.g., in conjunction with the virtual conference server system 108) may gray out, blur, or otherwise obfuscate display of the participant video element(s) for the third participant(s), while not obfuscating display of the participant video element for the second participant. In this manner, the display of the current room (e.g., current room interface 506) on the first client device 602 more clearly indicates the side conversation with the second participant . . . “) ,
Lin fails to explicitly teach,
However Wang teaches
wherein the other devices continue with the virtual meeting while the outgoing audio is muted (see ¶ [0023] “ . . . the electronic device 102 may send and/or receive video (e.g., user web cam video) and/or audio (e.g., microphone audio) in an online meeting. In some examples, video depicting a user may be sent from the electronic device 102 to another device (via a communication interface and/or network, for instance). In some examples, an online meeting application may be instructions (e.g., instructions not shown in FIG. 1, an agent application, etc.) installed on the electronic device 102 (e.g., in storage and/or memory 112 of the electronic device 102). An online meeting application may provide a user interface (UI) for an online meeting. For instance, the online meeting application may provide a UI depicting video from the electronic device 102 and/or video received from another device (via a communication interface and/or network, for example). In some examples, the UI may be displayed on a display panel (e.g., integrated display panel, touchscreen, etc.) and/or display device (e.g., linked monitor). In some examples, the online meeting application may manage an audio stream or streams (e.g., audio accompanying a video or videos and/or independent audio stream(s)). For instance, the online meeting application may enable outputting (e.g., outputting via speakers, linked headphones, etc.) and/or muting an audio stream or audio streams (e.g., muting a received audio stream and/or blocking local audio from transmission). . . .”) and the outgoing video is modified (see ¶ [0047] “ . . . , the application processor 226 may modify video in response to the inference data 224 indicating that the user is leaving the field of view to produce modified video. For instance, if the inference data 224 indicates that the user is leaving the field of view (e.g., if the inference data indicates that a user break is starting and/or that a gesture associated with a user break is detected with greater than threshold probability, etc.), the application processor 226 may replace a portion of the video stream 216 with substitute video. In some examples, the application processor 226 may modify video as described in FIG. 1. For instance, the application processor 226 may replace a portion of the video stream 216 with prerecorded video (from an initial portion of the online meeting, for instance) and/or with an animated avatar. In some examples, the apparatus 230 (e.g., communication interface 229) may include a receiver to receive an audio signal from a remote device (e.g., wireless microphone, smartphone, etc.) when the user is outside of the field of view. The application processor 226 may animate an avatar based on the audio signal to produce the modified video. . . .; see ¶¶ [0063-0064] “ . . . The video stream modification instructions 458 may include instructions when executed cause the processor to modify the video stream to produce a modified video stream separately from the online meeting application. In some examples, modifying the video stream to produce a modified video stream separately from the online meeting application may be performed as described in FIG. 1, FIG. 2, and/or FIG. 3. The online meeting instructions 454 may include instructions when executed cause the processor to send the modified video stream through the online meeting application. In some examples, sending the modified video stream through an online meeting application may be performed as described in FIG. 1, FIG. 2, and/or FIG. 3. For instance, the processor (e.g., camera driver) may provide the modified video stream to a higher-layer online meeting application, which may send the modified video stream (e.g., provide the modified video stream to a communication interface for transmission and/or sharing). . .”)
It would have been obvious to one with ordinary skill in the art before the effective filing date of the applicant’s invention to incorporate a system and method that determines a user has taken a break at a virtual meeting and substitutes modified video and muted audio for the user’s stream to the rest of the participants of the virtual meeting, as taught by Wang, into a system and method to provide in association with a virtual conference among plural participants, a first audio channel for sharing among the plural participants; provide, for each of the plural participants, display of a participant video element which corresponds to the participant and which includes a user-selectable button to initiate a side conversation with the participant, as taught by Lin. Such incorporation enables a user to temporarily pause its stream in the virtual conference and substitute muted audio and modified video for presentation to the other participants.
In regard to claim 22, the combination of Lin and Wang teaches wherein the server is further configured to control the first user device to record an audio-visual segment of the virtual meeting for a first period of time while the outgoing audio is muted and the outgoing video is modified (see Lin ¶¶ [0045-0046] “ . . . An administrator (e.g., corresponding to administrator name 414) may use the various interface elements to design a virtual space. In one or more embodiments, the menu interface 402 includes user-selectable categories (e.g., menu headings) relating to a virtual space (e.g., “workspace”), rooms within the virtual space, and/or elements within a room. For example, the workspace category is user-selectable for presenting options (e.g., via a drop-down list) to manage settings for the virtual space, manage invites for the virtual space, manage versions of a virtual space, publish the virtual space (e.g., for future use by users), manage virtual space publications, and/or to start/manage recordings (e.g., audio and/or video recordings) with respect to the virtual space. The room category of the menu interface 402 is user-selectable for presenting options (e.g., via a drop-down list) to manage settings for a room within the virtual space, set a room background, set an order for the rooms listed in the room list interface 410, create a new room, import a room from a set of available rooms, remove a room, publish a room, manage room publications, and/or to start/manage recordings with respect to a room. . . .”).
In regard to claim 23, the combination of Lin and Wang teaches wherein the server is further configured to control the first user device to make the recorded audio-video segment of the virtual meeting available to a user at a second period of time (see Lin ¶ [0043] “ . . . the virtual spaces table 308 stores associations between its virtual spaces and users (e.g., within the user table 306) who selected those virtual spaces. In this manner, it is possible for a particular user to have one or more virtual spaces associated therewith. Moreover, the database 126 includes a rooms table 310 which may be associated with the virtual spaces within the virtual spaces table 308. As noted above, a room may be newly-created by a user, or may be included within one or more sets (e.g., galleries) of public rooms made available for user selection. The rooms table 310 stores information representing the one or more sets of rooms, as well as any private room(s) created by the user (e.g., in a case where the particular user did not make such room(s) public). The stored information is usable by the virtual conferencing system 100 to create the corresponding rooms for use in a virtual space. In one or more embodiments, the stored information may further include recordings (e.g., audio and/or video recordings) of a particular virtual conference, for subsequent playback by corresponding participants. . . “).
In regard to claim 24, the combination of Lin and Wang teaches wherein the server is further configured to control the first user device to communicate to the other user devices an indication that the outgoing audio is muted and the outgoing video is modified (see Lin Fig. 6. ¶¶ [0079-0082] “ . . . As described above with respect to FIG. 6, in response to user selection (e.g., by a first participant) of the side conversation button 702 (e.g., presented within the participant video element of a second participant), the virtual conference server system 108 provides for initiating a one-way communication between the first participant and the second participant via a second audio channel. The virtual conference server system 108 may provide a notification 704 to the first participant. The notification confirms, to the first participant, the one-way communication from the first participant to the second participant, while refraining from transmitting the corresponding audio stream to the third participant(s). The notification 704 indicates, to the second participant, that the first participant initiated a side conversation by which the first participant communicates with the second participant and not with third participant(s). In one or more embodiments, the notification 704 includes a button 706 which is selectable by the first participant to exit the side conversation (e.g., thereby terminating communication via the second audio channel). With respect to FIG. 7B, the virtual conference server system 108 further provides a notification 708 to the second participant as described above with respect to FIG. 6. The notification 708 indicates, to the second participant, that the first participant initiated a side conversation. The notification 708 further indicates that the side conversation is one-way, and includes a button 710, which is selectable by the second user to initiate two-way communication, to enable the second participant to communicate back to the first participant at the first client device 602. Moreover, regarding FIG. 7C, the virtual conference server system 108 provides a notification 712 to the second participant, confirming the two-way communication between the first and second participants. The notification 712 includes a button 714 which is selectable by the second participant to exit the side conversation (e.g., thereby terminating two-way communication via the second audio channel). . . “)
In regard to claim 30, the combination of Lin and Wang teaches wherein the server is further configured to control a first set of components of the first user device (see Lin ¶ [0021] “ . . . . The virtual conference server system 108 provides server-side functionality via the network 112 to a particular virtual conference client 104. For example, with respect to transmitting audio and/or video streams, the virtual conference client 104 (e.g., installed on a first client device 102) may facilitate in transmitting streaming content to the virtual conference server system 108 for subsequent receipt by other participant devices (e.g., one or more second client devices 102) running respective instances of the virtual conference client 104 . . .”) , and
wherein the first set of components comprises two or more of an audio capture component (see Lin ¶ [0022] “ . . . The streaming content can correspond to audio and/or video content captured by sensors (e.g., microphones, video cameras) on the client devices 102, for example, corresponding to real-time video and/or audio capture of the users (e.g., faces) and/or other sights and sounds captured by the respective device. The streaming content may be supplemented with other audio/visual data (e.g., animations, overlays, emoticons and the like) and/or message content (e.g., text, stickers, emojis, other image/video data), for example, in conjunction with extension applications and/or widgets associated with the virtual conference client 104. . . .”) , an audio output component (see Lin ¶ [0068] “ .. . the virtual conference server system 108 initiates one-way communication via a second audio channel between the first client device 602 and the second client device 604 (operation 618). The second audio channel is separate from the above-described first audio channel, for sending audio (e.g., an audio stream) that is input at the first client device 602 (e.g., via a microphone) to the second client device 604 for output to the second participant (e.g., via a speaker). As such, the virtual conference server system 108 provides for transmitting the audio stream from the first client device 602 to the second client device 604, while refraining from transmitting the audio stream to the third client device(s) 606 . . .”)., and an image capture component (see Lin ¶ [0095] “ .. . the client device 102 may have a camera system comprising, for example, front cameras on a front surface of the client device 102 and rear cameras on a rear surface of the client device 102. The front cameras may, for example, be used to capture still images and video of a user of the client device 102 (e.g., “selfies”), which may then be augmented with augmentation data (e.g., filters) described above. The rear cameras may, for example, be used to capture still images and videos in a more traditional camera mode, with these images similarly being augmented with augmentation data. In addition to front and rear cameras, the client device 102 may also include a 360° camera for capturing 360° photographs and videos. . . “).
In regard to claim 32, Lin teaches a method for controlling a virtual meeting (see abstract as described for the rejection of claim 21 and is incorporated herein) , the method comprising:
controlling a user interface on a first user device and other user devices to display the virtual meeting (see ¶ [0030] as described for the rejection of claim 21 and is incorporated herein) ; and
controlling the first user device to simultaneously mute an outgoing audio (see ¶ [0056] as described for the rejection of claim 21 and is incorporated herein) and modify outgoing video captured by the first user device (see ¶ [0074] as described for the rejection of claim 21 and is incorporated herein) ,
Lin fails to explicitly teach,
However Wang teaches
wherein the other user devices continue with the virtual meeting while the outgoing audio is muted (see ¶ [0023] as described for the rejection of claim 21 and is incorporated herein) and the outgoing video is modified (see ¶ [0047], ¶¶ [0063-0064] as described for the rejection of claim 21 and is incorporated herein).
The motivation to combine Wang with Lin is described for the rejection of claim 21 and is incorporated herein.
In regard to claim 33, the combination of Lin and Wang teaches where the method further comprises controlling the first user device to record an audio-visual segment of the virtual meeting for a first period of time while the outgoing audio is muted and the outgoing video as modified (see Lin ¶¶ [0045-0046] as described for the rejection of claim 22 and is incorporated herein)
In regard to claim 34, the combination of Lin and Wang teaches further comprising controlling the first user device to make the recorded audio-visual segment of the virtual meeting available to a user at a second period of time (see Lin ¶ [0043] as described for the rejection of claim 23 and is incorporated herein)
In regard to claim 35, the combination of Lin and Wang teaches further comprising:
controlling the first user device to communicate an indication to the other user devices that the outgoing audio is muted and the outgoing video is modified (see Lin Fig. 6. ¶¶ [0079-0082] as described for the rejection of claim 24 and is incorporated herein)
In regard to claim 38, Lin teaches a non-transitory computer-readable medium having stored thereon computer implemented instructions which, when executed by a computer (see abstract as described for the rejection of claim 21 and is incorporated herein), cause the computer to execute operations comprising:
controlling a user interface on a first user device, and other user devices to display a virtual meeting (see ¶ [0030] as described for the rejection of claim 21 and is incorporated herein); and
controlling the first user device to simultaneously mute an outgoing audio (see ¶ [0056] as described for the rejection of claim 21 and is incorporated herein) and modify outgoing video captured by the first user device (see ¶ [0056] as described for the rejection of claim 21 and is incorporated herein),
Lin fails to explicitly teach,
However Wang teaches
wherein the other user devices continue with the virtual meeting while the outgoing audio is muted(see ¶ [0023] as described for the rejection of claim 21 and is incorporated herein) and the outgoing video is modified (see ¶ [0047], ¶¶ [0063-0064] as described for the rejection of claim 21 and is incorporated herein).
The motivation to combine Wang with Lin is described for the rejection of claim 21 and is incorporated herein.
Claims 26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (U.S. 2022/0321832 A1; herein referred to as Lin) in view of Wang et al. (U.S. 2024/0121358 A1; herein referred to as Wang) as applied to claims XX in further view of Guzman Suarez et al. (U.S. 2012/0307005 A1; herein referred to as Guzman).
In regard to claim 26, the combination of Lin, Wang, and Guzman teaches wherein the server is further configured to control the first user device to modify the outgoing video by at least one of: blurring a captured image of the outgoing video (see Guzman ¶ [0073] “ . . . The special effects handler 332 applies one or more special effects to the captured video pictures before they are displayed when the video has to be shown with such special effects. In some embodiments, this handler also applies such effects to the copies of the captured video pictures that are used for generating the reflected images, applies such effects to the reflected images, or applies such effects to the earlier versions of the reflected images (where the earlier versions include the sampled image, the sampled and blurred image, or the sampled, blurred, and masked image). Performing the special effects in an image processing pipeline that generates a reflection ensures that the generated reflection accounts for the application of the special effects to the video picture. In other words, given that the generated reflections are supposedly the reflections of the video content onto nearby objects, the system 305 of some embodiments generates the reflections to account for the special effects to make the simulated reflections seem as if they are produced by the video content. Without accounting for the special effects, there might be a difference between the displayed video (which has the special effects) and the generated reflections (which would not account for the special effects). . . “) , modifying a transparency of a captured image of the outgoing video (see Guzman ¶ [0043] “ . . . The fourth stage 180 illustrates another example of the video conferencing application modifying the resolution of the reflected images to match the reflective properties of the nearby objects . . .”) , or modifying a color of a captured image of the outgoing video (see Guzman ¶ [0072] “ . . . The color space converter 330 performs color space conversion on the video pictures when the system needs to modify the color format of the video pictures for one or more of its image processing operations. For instance, in some embodiments, the system 305 receives a video frame in a YCbCr format, which differs from an RGB format that it uses for compositing several layers of the final display. For such embodiments, the configurator 325 configures the color space converter to convert the video picture from its received format into a desired format for one or more of its image processing operations. The color space converter retrieves each video picture from the storage buffer 315 and stores the results of its color space conversion operation in the storage buffer 370. The storage buffer 370 is used by each of the modules 330-355 to retrieve the results of a previous image processing stage and to store the results of its image processing operation. . . . “) , and
wherein communicating an indication that the outgoing audio is muted and the outgoing video is modified to the other devices comprises communicating the blurred captured image, the captured image with modified transparency, or the captured image with modified color (see Wang ¶ [0048] “ . . . the application processor 226 may provide the modified video to an online meeting application. For instance, the application processor 226 may execute a camera driver that produces the modified video. The camera driver may supply the modified video to the online meeting application that is being executed by the application processor 226. In some examples, the modified video may be provided to the communication interface 229 (by the online meeting application, for instance) to be transmitted to and/or shared with another device or devices. . . .”).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the applicant’s invention to incorporate a system and method for transforming a set of images in a video stream from appearing as a third dimensional display for a virtual meeting, as taught by Guzman, into a system and method to provide in association with a virtual conference among plural participants, a first audio channel for sharing among the plural participants; provide, for each of the plural participants, display of a participant video element which corresponds to the participant and which includes a user-selectable button to initiate a side conversation with the participant, and substitutes modified video and muted audio for the user’s stream to the rest of the participants of the virtual meeting, as taught by the combination of Lin and Wang. Such incorporation provides that the user image can be transformed as represented in the virtual meeting.
In regard to claim 28, the combination of Lin, Wang, and Guzman teaches wherein the user interface comprises a virtual environment to facilitate the virtual meeting (see Lin ¶ [0037] “ . . . the virtual space creation system 202 and the virtual space participation system 206 provide for an end user (e.g., an administrator) to create different types of environments (e.g., virtual spaces with rooms) for virtual conferencing, and for participants to engage in virtual conferencing within such environments. Examples of such virtual conferencing include, but are not limited to: business meetings, seminars, presentations, classroom lectures, teacher office hours, concerts, reunions, virtual dinners, escape rooms, and the like . . .”) , and
wherein the virtual environment is a three-dimensional virtual environment (see Guzman ¶ [0033] “ . . . Near the display area 105, the video conferencing application displays the walls 110 and 115 and the table 120 that form a virtual conference room for the conference. On one or more of these objects, the application displays reflections from the content of each video frame or each of several video frames, in order to give the virtual conference room a 3D appearance to the viewer of the application. To project reflections from content of a video frame onto a nearby object, the video conferencing application of some embodiments generates a reflection from the content of a portion of the frame that is close to the nearby object. . . .”) , and the virtual meeting is at least one of: a video conferencing meeting (see Guzman ¶ [0034] “ . . . FIG. 1 illustrates examples of such reflections on the nearby objects by presenting four stages 165-180 during a video conference. In the first stage 165, the application displays a video frame from the video conference. In this video frame, one of the participants 130 of the video conference is shown in the center of the display area 105, too far from each of the nearby objects 110, 115, and 120 to cast a reflection on any of them. The display area 105 does not display any other content in any of the video frames that are shown in the first stage 165 or any of the other stages 170-180. This lack of other content is a simplification that is made in this example, as the video feed of a participant typically includes content from the environment surrounding the participant. But this simplification is made in this example in order to simplify the description of this example . . .”) , a virtual audio-visual meeting in the three dimensional virtual environment that is shared among users of a plurality of user devices (see Wang ¶ [0023] “ . . . . An online meeting application may provide a user interface (UI) for an online meeting. For instance, the online meeting application may provide a UI depicting video from the electronic device 102 and/or video received from another device (via a communication interface and/or network, for example). In some examples, the UI may be displayed on a display panel (e.g., integrated display panel, touchscreen, etc.) and/or display device (e.g., linked monitor). In some examples, the online meeting application may manage an audio stream or streams (e.g., audio accompanying a video or videos and/or independent audio stream(s)). For instance, the online meeting application may enable outputting (e.g., outputting via speakers, linked headphones, etc.) and/or muting an audio stream or audio streams (e.g., muting a received audio stream and/or blocking local audio from transmission). . . .”) , or an augmented reality-based virtual meeting (see Wang ¶ [0037] “ . . . . the substitute video may include an avatar. For example, the processor 110 may create and/or animate an avatar of the user for the substitute video. For instance, the processor 110 may create video frames including an avatar as the substitute video. An avatar may be a model (e.g., a two-dimensional (2D) or three-dimensional (3D) model) that may represent a user. For example, an avatar may be a cartoon model (e.g., 2D or 3D human model, animal model, etc.), a realistic model (e.g., 2D or 3D realistic model that depicts the user), or a combination thereof (e.g., augmented caricatures). . . “).
The motivation to combine the references are described for the rejections of claim 21 and claim 26. Additionally, the three references are analogous art directed to virtual meetings and displays in a three dimensional user space.
Claims 31 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (U.S. 2022/0321832 A1; herein referred to as Lin) in view of Wang et al. (U.S. 2024/0121358 A1; herein referred to as Wang) as applied to claims XX in further view of Jones et al. (U.S. 2011/0271208 A1; herein referred to as Jones)
In regard to claim 31, the combination of Lin and Wang fails to explicitly teach,
However Jones teaches wherein the server is further configured to unsubscribe the other user devices from the outgoing audio from the first user device (see Jones ¶ [0223] “ . . . An Unsubscribe( ) call may be made to unsubscribe the user from the web services when the conferencing notification application 5002 is closed. The call may terminate the session with the conferencing system 106. Further interactions with the conferencing system 106 may require a subsequent Subscribe( ) call to be made by the conferencing notification application . . .”)
It would have been obvious to one with ordinary skill in the art before the effective filing date of the applicant’s invention to incorporate a system and method for providing a virtual conference where users can use a graphical user interface to display, pause and participate in various entertainment options during the conference, as taught by Jones, into a system and method to provide in association with a virtual conference among plural participants, a first audio channel for sharing among the plural participants; provide, for each of the plural participants, display of a participant video element which corresponds to the participant and which includes a user-selectable button to initiate a side conversation with the participant, and substitutes modified video and muted audio for the user’s stream to the rest of the participants of the virtual meeting, as taught by the combination of Lin and Wang. Such incorporation enables unsubscribing from the virtual conference.
In regard to claim 36, the combination of Lin, Wang and Jones teaches further comprising:
unsubscribing the other user devices from the outgoing audio from the first user device (see Jones ¶ [0223] as described for the rejection of claim 31 and is incorporated herein.)
The motivation to combine Jones with the combination of Lin and Wang is described for the rejection of claim 31 and is incorporated herein.
Conclusion
There are prior art made of record which are not relied upon but are considered pertinent to applicant’s disclosure. They are listed on the PTO-892 accompanying this action
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 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 date of this final action.
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/JAMES N FIORILLO/Primary Examiner, Art Unit 2444
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