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 .
Status of the Claims
Claims 1-24 have been cancelled and claims 25-44 have been added; as a result, claims 25-44 are currently pending in the present application, with claims 25, 43, and 44 being independent.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 20 December 2024 has been considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 25-44 are 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.
With respect to claims 1, 43, and 44, given the plain and ordinary meaning of the words themselves, when afforded their broadest reasonable interpretation in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to what constitutes the avatar publishing operation? Is it the method of publishing the avatar? Is it an undisclosed step? Furthermore, is published in the context of the claim displaying or is it publishing it to some scene? What is an associated user of the current user? Finally, what constitutes an association action and the state of the status identifier? The examiner respectfully requests the applicant clarify the scope of the claimed limitations.
Claims 43 and 44 recites similar subject matter as to that recited in claim 25 and are accordingly also rejected using substantially similar rationale as to that set forth in claim 25
Claims depending thereon do not cure the noted deficiencies and are also rejected using substantially similar rationale as to that set forth for the claims from which they depend.
With respect to claim 26, given the plain and ordinary meaning of the words themselves, when afforded their broadest reasonable interpretation in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to what constitutes a trigger operation on the target object in a preset page and how the trigger operation causes an avatar setting interface to be displayed. Claim 25 calls for the target object to be displayed and claim 26 calls for the trigger operation to be received on the target object in a preset page. Is the target object from claim 1 displayed in a preset page? Is the avatar attribute interface a new interface in addition to the items already displayed? The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
Claims depending thereon do not cure the noted deficiencies and are also rejected using substantially similar rationale as to that set forth for the claims from which they depend.
With respect to claim 27, given the plain and ordinary meaning of the words themselves, when afforded their broadest reasonable interpretation in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to what is meant by the state of the target status identifier comprising whether a target status identifier in a selected state exists? The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
Claims depending thereon do not cure the noted deficiencies and are also rejected using substantially similar rationale as to that set forth for the claims from which they depend.
With respect to claim 30, given the plain and ordinary meaning of the words themselves, when afforded their broadest reasonable interpretation in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to what constitutes the different level identifiers. For instance, what is a first-level avatar identifier and a second level avatar identifier? The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
Claims depending thereon do not cure the noted deficiencies and are also rejected using substantially similar rationale as to that set forth for the claims from which they depend.
With respect to claim 34, given the plain and ordinary meaning of the words themselves, when afforded their broadest reasonable interpretation in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to how claim 34 fits within claim 25. Claim 34 calls for the displaying the first avatar published by the user in the target object of the preset page. However, claim 25 displays a target object...of at least one associated user of a current user. Does the user in claim 34 relate to the current user or associated user in claim 25 or is a different user? In addition, a preset page has not been previously defined. Finally, how is the first avatar published in the target object? The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
With respect to claim 38, given the plain and ordinary meaning of the words themselves, when afforded their broadest reasonable interpretation in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to how claim 38 fits with claim 25. Claim 38 references back to a limitation which does not appear to be in claim 25, namely publishing the first virtual image performing a target association action. Additionally, it is unclear as to how the virtual image is displayed with the first target profile picture as currently claimed. The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
With respect to claim 39, given the plain and ordinary meaning of the words themselves, when afforded their broadest reasonable interpretation in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to if the one of the following is asking for both items to be displayed or only one of the two items listed. For the purposes of further examination, the examiner is interpreting the claim to require one of each of the two items listed (i.e., both first avatar published by the current user and a user identifier...). In addition, claim 25 does not require that the current user publish the content. Finally, how does claim 39 relate to claim 25, since claim 29 calls for switching a current page to a preset page, but claim 25 does not appear to require displaying in a page. Should claim 25 be displayed in a current page and claim 39 switch the current page to a preset page? What constitutes the preset page? The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
With respect to claim 41, given the plain and ordinary meaning of the words themselves, when afforded their broadest reasonable interpretation in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to how claim 41 fits within claim 25, since claim 25 obtains a first avatar and then publishes the first avatar performing a target associated action and claim 41 sets the profile picture of the user. In addition, it is not clear as to what is meant by the target profile picture being, e.g., a first target profile picture displayed with the first avatar or a second target profile picture displayed with a non-avatar. Does the claim require two items to be in the profile picture, a target profile picture and an avatar or non-avatar? Is a non-avatar, in the context of the claim, background imagery? As arguably, most humanoid/animal items could be considered an avatar. The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
With respect to claim 42, given the plain and ordinary meaning of the words themselves, when afforded their broadest reasonable interpretation in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as how claim 42 fits with claim 25. Second avatar and preset page have not been previously defined. An avatar is used multiple times in the claim. The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 25, 35-37, 39, 43, and 44 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Akram et al. (US PG Publication 2011/0246908).
Regarding claim 25, Akram teaches a method of publishing an avatar, comprising: displaying a target object and a user identifier of at least one associated user of a current user (see for instance, figs. 4-18. When a new avatar joins, each avatar may be identified by a callout, see for instance, paragraph 125 and fig. 14. For example, callout identifies the avatar as being Friend1, see for instance, paragraph 125 and fig. 14);
in response to an avatar creation operation, obtaining a first avatar and a state of a target status identifier corresponding to the first avatar (The user selects the emote menu option to view a menu in user interface which provides a number of emote options as a plurality of selectable emoticons or icons concurrently on the user interface, where each icon represents a different action, see for instance, paragraph 131); and
in response to the avatar publishing operation, publishing the first avatar performing a target association action, wherein the target association action is an association action of the state of the target status identifier corresponding to the first avatar (Fig. 17c depicts the user interface of Fig. 17b after one of the emoticons is selected, showing emoting of a first avatar by clapping, see for instance, paragraph 133. When icon 1722 is selected, the user’s avatar 1704 begins clapping, as indicated by the arms/hands coming together in the user interface 1730, see for instance, paragraph 133).
Regarding claim 35, Akram teaches the method of claim 25 and further teaches wherein the in response to the avatar publishing operation, publishing the first avatar performing a target association action comprises: in response to the avatar publishing operation, publishing a target media content and the first avatar performing the target association action (see for instance, paragraphs 133-136 and figs. 13-18).
Regarding claim 36, Akram teaches the method of claim 35 and further teaches wherein the in response to the avatar publishing operation, publishing a target media content and the first avatar performing the target association action comprises: in response to a media content publishing operation for the first avatar, publishing the target media content and the first avatar performing the target association action, wherein the target media content displays a picture in which the first avatar performs the target association action (see for instance, paragraphs 133-136 and figs. 13-18).
Regarding claim 37, Akram teaches the method of claim 35, and further teaches wherein background music of the target media content is background music associated with the first avatar, and/or wherein a picture background color of the target media content is a background color associated with the first avatar (see for instance, paragraphs 133-136 and figs. 13-18).
Regarding claim 39, Akram teaches the method of claim 25, wherein after the publishing the first avatar performing a target association action, the method further comprises: switching a current page to a preset page, and displaying at least one of the following in the preset page: the first avatar published by the current user and a user identifier of at least one associated user of the current user (see for instance, paragraphs 125, 131-138 and figs. 14-18).
Regarding claim 43, claim 43 is the electronic device claim of the method claim 25 and is accordingly rejected using substantially similar rationale as to that which was set forth for claim 25. In addition, Akram teaches an electronic device, comprising: at least one processor; and a memory communicatively connected to the at least one processor, wherein the memory stores a computer program executable by the at least one processor, and the computer program is executed by the at least one processor to cause the at least one processor to perform acts (see for instance, fig. 1 and paragraphs 56-59).
Regarding claim 44, claim 44 is the non-transitory CRM claim of the method claim 25 and is accordingly rejected using substantially similar rationale as to that which was set forth in claim 25. In addition, Akram teaches a non-transitory computer-readable storage medium storing computer instructions, which, when executed by a processor, are configured to implement acts (see for instance, fig. 1 and paragraphs 56-59).
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.
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akram et al. (US PG Publication 2011/0246908) as applied to claim 25 above, and further in view of Fujioka (US PG Publication 2011/0025707).
Regarding claim 40, Akram teaches the method of claim 25, but does not appear to explicitly teach in response to an update operation for the first avatar, updating a profile picture of the current user to a first target profile picture displayed with the first avatar.
In the same art of avatars, Nims teaches in response to an update operation for the first avatar, updating a profile picture of the current user to a first target profile picture displayed with the first avatar (see for instance, paragraph 87 and fig. 19. A profile of the user is displayed with the first avatar and the user can edit their profile, see for instance, paragraphs 87-89 and fig. 19)
It would have been obvious to one of ordinary skill in the art having the teachings of Akram and Nims in front of them before the effective filing date of the claimed invention to incorporate avatar updates and profiles as taught by Nims into Akram’s interactive system, as being able to update a profile and display the profile with an avatar, such as described by Nims was well known at the time of the effective filing date invention and would have yielded predictable results in combination with Akram.
The modification of Akram with Nims would have explicitly allowed in response to an update operation for the first avatar, updating a profile picture of the current user to a first target profile picture displayed with the first avatar.
The motivation for combining Akram with Nims would have been to improve the user experience, enhance functionality and one way to implement profiles discussed in paragraph 123 of Akram.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J COBB whose telephone number is (571)270-3875. The examiner can normally be reached Monday - Friday, 11am - 7pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Harrington can be reached at 571-272-2330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J COBB/Primary Examiner, Art Unit 2615
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