DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-30 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The limitation “the at least one first object respectively corresponding to at least one pre-constructed first spatial building block avatar;” is incomplete and appears to be part of the first limitation, although recited as a separated limitation. This render the claims indefinite.
For examination purposes, it is interpreted as part of the first limitation as segmenting a target image to obtain at least one first object and second objects respectively corresponding to each first object, the at least one first object respectively corresponding to at least one pre-constructed first spatial building block avatar;
Claim Rejections - 35 USC § 103
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 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.
Claims 11, 13, 15-16, 18, 20, 22-23, 25, 27, 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Soederberg et al (US 20180264365 A1), and further in view of Guan (US 20220180594 A1).
RE claim 11, Soederberg teaches A method for rendering a virtual avatar (Abstract, Figs 7, 18, 21), comprising:
segmenting a target image to obtain at least one first object and second objects (Figs 2, 4-6, [0024], [0155]); the at least one first object respectively corresponding to at least one pre-constructed first spatial building block avatar (Fig 6, abstract, [0029]- [0031]);
constructing, based on a mapping relationship between the at least one first object and the at least one first spatial building block avatar respectively corresponding to the at least one first object, second spatial building block avatars of second objects (Figs 6, 21-22, 29, [0039], [0022], [0024], [0028]- [0031], [0132], [0161], [0172]); and
rendering each of the first spatial building block avatars and each of the second spatial building block avatars (Figs 7, 14,30, [0092], [0004]-[0006]).
Soederberg is silent RE: second objects respectively corresponding to each first object. However Guan teaches in Fig 4A, [0046], [0049], [0063] in order to associate finer details of each of the components of a detected first object.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include in Soederberg a system and method of identifying second objects respectively corresponding to each first object, as suggested by Guan, in order to associate finer details of each of the components for each of the detected first objects and thereby increasing system effectiveness and user experience.
When Soederberg is modified by Guan as set forth above it would construct the second spatial building block avatars of second objects respectively corresponding to each first object mapping the corresponding second building blocks corresponding to each first object in order to effectively generating the avatar with body parts.
RE claim 13, Soederberg as modified by Guan teaches wherein rendering each of the first spatial building block avatars and each of the second spatial building block avatars comprises: dynamically building building blocks in each of the first spatial building block avatars and building blocks in each of the second spatial building block avatars based on a predetermined building sequence (Soederberg [0031]-[0032], [0095], [0238]).
RE claim 15, Soederberg as modified by Guan teaches wherein the method further comprises: in a process of the dynamic building, rotating and presenting the process of the dynamic building based on a predetermined rotation parameter (Soederberg [0031]-[0032], [0238], [0244]).
RE claim 16, Soederberg as modified by Guan teaches wherein the method further comprises: after obtaining the at least one first object and the second objects respectively corresponding to each first object, determining color information of the at least one first object and color information of the second objects respectively corresponding to each first object; rendering each of the first spatial building block avatars and each of the second spatial building block avatars comprises: rendering each of the first spatial building block avatars and each of the second spatial building block avatars based on the color information of the at least one first object and the color information of the second object respectively corresponding to each first object (Soederberg Figs 7,21, 30, [0083], [0094]).
Claims 18, 20, 22-23 recite limitations similar in scope with limitations of claims 11, 13, 15-16 respectively and therefore rejected under the same rationale. In addition Soederberg teaches An electronic device, comprising: one or more processors; a storage device, configured to store at least one program ([0027]).
Claims 25, 27, 29-30, recite limitations similar in scope with limitations of claims 11, 13, 15-16 respectively and therefore rejected under the same rationale. In addition Soederberg teaches A non-transitory computer readable storage medium comprising computer-executable instructions ([0113]).
Claims 12, 14, 19, 21, 26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Soederberg as modified by Guan, and further in view of Ebrahimi et al (US 20220187841 A1).
RE claim 12, Soederberg as modified by Guan teaches wherein constructing, based on the mapping relationship between the at least one first object and the at least one first spatial building block avatar respectively corresponding to the at least one first object, the second spatial building block avatars of the second objects respectively corresponding to each first object comprises: for each of the first objects, determining a sliding window and a step size based on a mapping relationship between a pixel size of the first object and the number of building blocks in the first spatial building block avatar corresponding to the first object (Soederberg [0238]-[0239] and Guan Figs 5-7, [0070] wherein); determining a grid graph of a second object by sliding on the second object corresponding to the first object using the sliding window and the step size; and constructing the second spatial building block avatar of the second object based on the grid graph (Soederberg Fig 21, [0185]-[0193], [0238]-[0239], and Guan Figs 5-7, [0070] wherein the evolving bricks evolution following paths by a tree structures is a sliding window that can be equally applied to the second objects utilizing the corresponding bounding boxes for each of the component, typically known in image processing/segmentation (see Ebrahimi [1104])).
RE claim 14, Soederberg as modified by Guan teaches wherein the method further comprises: after determining the grid graphs of the second object, determining, based on a position relationship between the second object and the corresponding first object, a to-be-constructed second spatial building block avatar corresponding to the grid graph, and a position relationship with the corresponding first spatial building block avatar; constructing and rendering the second spatial building block avatar comprises: determining a current to-be-built building block based on a predetermined building sequence and a position relationship between the to-be-constructed second spatial building block avatar and the corresponding first spatial building block avatar; in response to the current to-be-built building block belonging to the second spatial building block avatar, constructing and rendering the building block (Soederberg Figs 7,21, 30, [0083], [0094], [0185]-[0193], [0238]-[0239]).
Claims 19 and 21 recite limitations similar in scope with limitations of claims 12, 14 respectively and therefore rejected under the same rationale.
Claims 26 and 28 recite limitations similar in scope with limitations of claims 12, 14 respectively and therefore rejected under the same rationale.
Claims 17 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Soederberg as modified by Guan, and further in view of Kolen et al (US 20200306640 A1).
RE claim 17, Soederberg as modified by Guan teaches wherein the target image comprises a whole-body image, the method further comprises: after obtaining the second objects respectively corresponding to each first object, determining at least one of the following attribute information of the object: type information and pattern information; and rendering the second spatial building block avatar comprises: rendering the second spatial building block avatar corresponding to the object based on the attribute information of the object (Soederberg Figs, 2-3, 7,21, 30, [0083], [0094], Guan Figs [0016]-[0017]).
Soederberg as modified by Guan is silent RE: and the second object comprises a clothing object.
However Kolen teaches in Figs 3-4, [0087] in order to associate the user worn items to tune the avatar.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include in Soederberg as modified by Guan a system and method of wherein the second object comprises a clothing object, as suggested by Kolen, in order to associate the user worn items to further tune the avatar and thereby increase user experience.
When Soederberg as modified by Guan and Kolen further teaches determining at least one of the following attribute information of the clothing object: type information and pattern information; and rendering the second spatial building block avatar comprises: rendering the second spatial building block avatar corresponding to the clothing object based on the attribute information of the clothing object (Kolen Figs 3-4, 6, [0087], [0071]).
Claim 24 recites limitations similar in scope with limitations of claim 17 and therefore rejected under the same rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (See attached 892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SULTANA MARCIA ZALALEE whose telephone number is (571)270-1411. The examiner can normally be reached Monday- Friday 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kent Chang can be reached at (571)272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sultana M Zalalee/ Primary Examiner, Art Unit 2614
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