Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a generation unit, a determination unit, a parameter acquisition, a display unit, a parameter storage unit, a list information storage unit and a history information storage unit in claims 1-5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 1-5 are objected to because of the following informalities:
The claim numbers are recited in brackets (e.g., [claim 1], [claim 2], etc.) rather than being presented as claim numbers followed by a period.
Appropriate correction is required.
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.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Khorshid (US 2024/0045704) in view of Lee et al. (US 2020/0265234).
Regarding claim 1, Khorshid discloses a virtual object generation device (Khorshid, [0034], “an AR/VR system 130 may be any suitable electronic device including hardware, software, or embedded logic components, or a combination of two or more such components, and may be capable of carrying out the functionalities implemented or supported by an AR/VR system 130”) comprising:
a generation unit configured to generate a virtual object usable in a plurality of services that provide a virtual space to a user (Khorshid, [0158], “the user is switching from the first XR application to the second XR application on the same device. As an example and not by way of limitation, the user may be using a VR headset and switching from a VR tennis game to a VR travelling application. In particular embodiments, switching from the first XR application to the second XR application may mean closing the first XR application and opening the second XR application. Switching from the first XR application to the second XR application may be one type of change of context”. In addition, in paragraph [0195], “computer system 1500 includes a processor”. The generation unit is interpreted as a function performed by the processor);
a determination unit configured to determine a target service that is one of the plurality of services (Khorshid, [0166], “FIG. 12C shows that the user 1210 switched from the virtual conferencing application to a virtual zoo-touring application”. In addition, in paragraph [0195], “computer system 1500 includes a processor”. The determination unit is interpreted as a function performed by the processor);
a parameter acquisition unit configured to acquire a drawing parameter indicating a drawing condition applied to the virtual object in the target service (Khorshid, [0141], “the XR assistant avatar may be based on one or more of voice, speech, emotion, tone, pitch, appearance, size, shape, clothing, orientation, position, depth, movement, gesture, facial expression, color, shading, outline, brightness, luminescence, or transparency”. In addition, in paragraph [0143], “the customization of the XR assistant avatar may be triggered by the AR/VR system 130 responsive to the change of context. In particular embodiments, the change of context may comprise one or more of a change in an application state associated with a first application, a change from the first application to a second application”. In addition, in paragraph [0195], “computer system 1500 includes a processor”. The parameter acquisition unit is interpreted as a function performed by the processor);
a display unit (Khorshid, [0038], “an AR/VR display device 137”) configured to generate and display an image showing the virtual object corresponding to the target service by applying the drawing parameter acquired by the parameter acquisition unit to the virtual object generated by the generation unit (Khorshid, [0166], “the XR assistant avatar 1220 may be rendered as a companion guiding the user 1210 through the venue…Upon detecting such change of context, the AR/VR system 130 may change the morphing of the XR assistant avatar 1220. The XR assistant avatar 1220 may be rendered as a smaller icon inside an assistant panel 1230 to avoid confusion…FIG. 12C shows that the user 1210 switched from the virtual conferencing application to a virtual zoo-touring application. Accordingly, the XR assistant avatar 1220 may be rendered as an animal guiding the user 1210 through the zoo to make the user experience more interesting”);
Khorshid does not expressly disclose “a preview image”;
Lee et al. (hereinafter Lee) discloses a preview image (Lee, [0129], “receive selection for an item of the virtual character (e.g., selection for an item of clothing) from the user, thereby applying the same to the virtual character 443, as shown in screen example 440. For example, the electronic device 300 may output selection items 445 for selecting or changing an item, and may receive a user input”. In addition, in paragraph [0139], “select the type of character in the virtual character image output in the face area through an interface 621 for changing the type of virtual character in screen example 620”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the virtual assistants switching function of Khorshid to incorporate the preview selection interface as taught by Lee. The motivation for doing so would have been improving user selection efficiency and providing intuitive comparison between virtual assistants.
Regarding claim 3, Khorshid disclose provides an object generation environment to determine an appearance of the virtual object to the user based on operations by the user (Khorshid, [0166], “the XR assistant avatar 1220 may be rendered as a companion guiding the user 1210 through the venue…Upon detecting such change of context, the AR/VR system 130 may change the morphing of the XR assistant avatar 1220. The XR assistant avatar 1220 may be rendered as a smaller icon inside an assistant panel 1230 to avoid confusion…FIG. 12C shows that the user 1210 switched from the virtual conferencing application to a virtual zoo-touring application. Accordingly, the XR assistant avatar 1220 may be rendered as an animal guiding the user 1210 through the zoo to make the user experience more interesting”), the determination unit acquires, when the object generation environment transitions from a first state to a second state where the user uses the object generation environment (Khorshid, [0166], “the XR assistant avatar 1220 may be rendered as a companion guiding the user 1210 through the venue…Upon detecting such change of context, the AR/VR system 130 may change the morphing of the XR assistant avatar 1220. The XR assistant avatar 1220 may be rendered as a smaller icon inside an assistant panel 1230 to avoid confusion…FIG. 12C shows that the user 1210 switched from the virtual conferencing application to a virtual zoo-touring application. Accordingly, the XR assistant avatar 1220 may be rendered as an animal guiding the user 1210 through the zoo to make the user experience more interesting”);
Khorshid as modified by Lee with the same motivation from claim 1 discloses service information indicating a service used by the user in the first state and determines the service indicated by the service information as the target service (Lee, [0145-0146], “FIG. 8 is a diagram illustrating a user interface screen outputting a virtual character image in a figurine mode in an electronic device according to an embodiment…if it is determined that the external object in the preview image is not a person (or does not include a face), the electronic device 300 may perform photography in the figurine mode. For example, the electronic device 300 may detect a plane area 812 of the external object in the preview image, and may output a photographed screen displaying a specified virtual character image 811 at the position corresponding to the plane area 812”. Figs. 7-8 illustrate a service used by the user in the first state and determines the service indicated by the service information as the target service).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Khorshid (US 2024/0045704) in view of Lee et al. (US 2020/0265234), as taught by claim 1, in further view of Dawson et al. (US 2010/0083140).
Regarding claim 2, Khorshid discloses a parameter storage unit configured to store the drawing parameters corresponding to each of the plurality of services in association with each of the plurality of services (Khorshid, [0135], “The XR assistant avatar may have a first form and a first pose with respect to the first user…The XR assistant avatar may be morphed to have a second form and a second pose with respect to the first user responsive to determining to morph the XR assistant avatar based on the detected change in the context of the first user”. Figs. 8 and 9A. In addition, in paragraph [0196], “processor 1502 may retrieve (or fetch) the instructions from an internal register, an internal cache, memory 1504, or storage 1506; decode and execute them; and then write one or more results to an internal register, an internal cache, memory 1504, or storage 1506”), acquires the drawing parameter corresponding to the target service from the parameter storage unit by referring to the parameter storage unit using the target service (Khorshid, [0007], “The customization of the XR assistant avatar may be triggered by the system responsive to different informative cues. As an example and not by way of limitation, such informative cues may include changes in application/game state, changes in the real-world or virtual environment, or the user's actions or context”. In addition, in paragraph [0196], “processor 1502 may retrieve (or fetch) the instructions from an internal register, an internal cache, memory 1504, or storage 1506; decode and execute them; and then write one or more results to an internal register, an internal cache, memory 1504, or storage 1506”);
Khorshid as modified by Lee does not expressly disclose “key information”;
Dawson et al. (hereinafter Dawson) discloses using a key information (Dawson, [0022], “a key recognizer component 202 configured to recognize keys associated with a virtual universe user avatar and an appearance selector component 204 configured to look-up an appearance associated with the recognized key”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to associate information with keys as taught by Dawson to retrieve assistant avatar parameters as taught by Khorshid. The motivation for doing so would have been facilitating efficient storage and retrieval of avatar configuration data.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Khorshid (US 2024/0045704) in view of Lee et al. (US 2020/0265234), as taught by claim 1, in further view of Mao (US 2023/0409192).
Regarding claim 4, Khorshid discloses services usable by the user among the plurality of services (Khorshid, [0037], “A user at an AR/VR system 130 may use the AR/VR applications 136 to interact with the AR/VR platform 180 or the assistant system 140”), allows the user to specify one of the services (Khorshid, [0151], “if the user changes from a studying application to a gaming application”), determines the one of the services specified by the user as the target service (Khorshid, [0156], “The AR/VR system 130 may then receive an indication that the first user is switching from the first XR application to a second XR application. The AR/VR system 130 may then access a second rendering specification associated with the second XR application”);
Khorshid as modified by Lee does not expressly disclose “store list information indicating a list of services”;
Mao discloses a list information storage unit configured to store list information indicating a list of services (Mao, [0118], “After the user taps the operating mode selection control 1202, a my operating mode selection list 1203 is displayed. The my operating mode selection list 1203 may include a plurality of option controls such as a virtual cinema mode selection control 1204, a virtual PC mode selection control 1205, and a screen sharing mode selection control 1204 (as shown in FIG. 12(b))”. In addition, in paragraph [0106], “The internal memory 121 may include a program storage area and a data storage area”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Khorshid to manage a plurality of applications using a mode selection control including a selection list, as taught by Mao. The motivation for doing so would have been facilitating navigation among multiple applications.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Khorshid (US 2024/0045704) in view of Lee et al. (US 2020/0265234), as taught by claim 1, in further view of Lee et al. (US 2017/0011557) hereinafter Lee 557.
Regarding claim 5, Khorshid teaches the plurality of services and determines the target service (Khorshid, [0156], “The AR/VR system 130 may then receive an indication that the first user is switching from the first XR application to a second XR application. The AR/VR system 130 may then access a second rendering specification associated with the second XR application”);
Khorshid as modified by Lee does not expressly disclose “store history information regarding usage history”;
Lee 557 discloses a history information storage unit configured to store history information regarding usage history of a user (Lee 557, [0134], “determine the display mode 1150, based on the user behavior pattern 1120. For example, the electronic device 101 may analyze a display mode usage pattern about an object to be executed. If a specific display mode has been used more than a given rate, the electronic device 101 may recommend the specific display mode to a user or automatically execute the specific display mode”. In addition, in paragraph [0080], “The resource manager 344 may manage resources, such as a source code, a memory, a storage space, and/or the like of at least one of the applications 370”);
determine a service based on the history information (Lee 557, [0134], “determine the display mode 1150, based on the user behavior pattern 1120. For example, the electronic device 101 may analyze a display mode usage pattern about an object to be executed. If a specific display mode has been used more than a given rate, the electronic device 101 may recommend the specific display mode to a user or automatically execute the specific display mode”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select a particular application of Khorshid using the usage pattern as taught by Lee 557. The motivation for doing so would have been enabling fast access to frequently used applications.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ZHAI whose telephone number is (571)270-3740. The examiner can normally be reached 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at (571) 272 - 7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE ZHAI/Primary Examiner, Art Unit 2611
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