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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/14/2025, and 11/12/2025 is considered by the examiner.
Drawings
The drawing submitted on 10/04/2024 is considered by the examiner.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: an encoder configured to, a similarity operator configured to, a voice database configured to, and a video game configured to, in claim 1, a physical characteristics selection interface of the video game configured to, in claim 4.
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 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.
Claim(s) 1-4, 9-12, and 17-18, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones et al.(US 2009/0044113 A1).
Regarding claims 1, and 9, Jones et al. teach: A video game system comprising: an encoder (attribute generator 304) configured to generate a first encoding representative of physical characteristics of a specified entity (paragraphs [0026] - [0034], [0050], [0055], [0066], Figures 1: capture user attributes, e.g., facial features ); a similarity operator (biometric device 302) configured to: determine similarity values between (i) corresponding stored encodings of multiple characters, the stored encodings representative of physical characteristics of respective characters of the multiple characters and (ii) the first encoding(paragraphs [0026]-[0034], [0055], [0065], [0069], [0075]- [0076] : determine differential attributes with respect to normalized models); identify a selected character from the multiple characters based on the similarity values (comparison with one or more of the models from normalized models) (paragraphs [0078]-[0085]: base avatar pre-specified for adaptation in comparison with one or more of the models from normalized models); and provide an identifier of the selected character; a voice database (biometric database) configured to provide audio or a spectrogram of the selected character(paragraphs [0078]- [0085] : base avatar, implicit); and a video game (custom avatar 552 in a game) configured to provide the audio of a player-selected character in a voice of the selected character(paragraphs [0080], base avatar 508 may represent an animated character in a game, where attributes of the animated character are adjustable based on differential attributes 132 to create a custom avatar that reflects those attributes which distinguish a particular user. [0082-[0084] : avatar generator adjusts base avatars to create custom avatar which reflects the distinguishable attributes of a user; voice characteristic adjustment; base avatar represents a character in a game. [0086] avatar generator 506 may generate, from base avatars 508, environment responsive custom avatar 552 and output environment responsive custom avatar 552 into an interactive environment 540. As the condition of data, objects, inputs and outputs and other data changes within interactive environment 540, environment responsive custom avatar 552 detects the current changes 556 and automatically adjusts a current response based on the current conditions.).
Regarding claims 2, and 10, Jones et al. teach: The video game system of claim 1, wherein the physical characteristics represent physical attributes of respective characters in the video game and the entity is a player of the video game (See rejection of claim 1 and paragraphs , [0032] Base avatar 144 and custom avatar 142 may represent multiple types of avatars including, but not limited to, an on-screen in-game persona of a user playing a game,…[0056] For example, stereoscopic image capture system 320 may scan a first three-dimensional capture area which includes a user's face and depth scanning device 322 may scan a larger capture area which also includes a user's torso and arms. [0066]… user physical, structural, and behavioral characteristics which user attribute generator 304 analyzes when creating user attributes 112).
Regarding claims 3, and 11, Jones et al. teach: The video game system of claim 2, wherein the encoder generates the first encoding based on an image of the player (See rejection of claim 1 and [0008] To capture external attributes one or more image capture systems capture images of a user from one or more angles and combine the images to create a three-dimensional representation of the user.[0023] External features may describe features of a user which can be captured from capturing and analyzing visual and sensed images of a user.).
Regarding claims 4, 12, and 18, Jones et al. teach: The video game system of claim 2, further comprising: a physical characteristic selection interface of the video game configured to present physical characteristics to the player and receive, from the player, the physical characteristics of the entity (See rejection of claim 2 and [0033] In the example, any of capture system 110, differential system 130 and avatar creator system 140 may facilitate user adjustment of the contents of user attributes 112, differential attributes 132, or custom avatar 142 to mask or adjust a particular detectable feature from among detectable features 114. In another example, differential system 130 may detect one or more differential attributes for a user which are not symmetric or exceed a maximum range of difference and prompt the user to select whether to include the particular differential attributes or to minimize the particular differential attributes within differential attributes 132. In yet another example, avatar creator system 140 may prompt a user to select which differential attributes from among differential attributes 132 to apply to base avatar 144 or may prompt a user to select whether to apply one or more particular differential attributes which are beyond the normal differences applied to base avatar 144, such as an adornment which distorts a user's appearance more than what is typically detected. [0065] In one example, user attributes generator 304 compares object data with one or more attribute models from attribute models database 308 to select and define one or more specific user attributes from among multiple possible attributes and other data which may be included in the object data. In one example, attribute model database 308 may include attribute models which filter out object data which does not describe a particular attribute, such as filtering out all object data which does not describe the color, position, and movement of a user's hair. In another example, attribute model database 308 may include attribute models which include specifications for combining different types of object data into a more complete representation of a user, such as by combining the movements of the user in three-dimensional images of the user generated by stereoscopic image capture system 320 with the muscular mapping of the user during the same movements as captured by depth scanning system 322.).
Regarding claim 17, Jones et al. teach: A non-transitory machine-readable medium including instructions that, when executed by a machine, cause the machine to perform operations for voice inference in a video game, the operations comprising ([0043] The present invention may be provided as a computer program product, included on a computer or machine-readable medium having stored thereon the executable instructions of a computer-readable program that when executed on computer system 200 cause computer system 200 to perform a process according to the present invention. The terms "computer-readable medium" or "machine-readable medium" as used herein includes any medium that participates in providing instructions to processor 212 or other components of computer system 200 for execution. ): receiving, from an encoder model, a first encoding representative of physical characteristics of a player of the video game; determining similarity values between (i) corresponding stored encodings of multiple characters, the stored encodings representative of physical characteristics of respective characters of the multiple characters and (ii) the first encoding; identifying a selected character of the multiple characters, based on the similarity values, corresponding to a character with character physical characteristics that are most similar to physical characteristics of the player; providing an identifier of the selected character; retrieving, by a voice database, audio or a spectrogram of the selected character; and providing, by the video game and based on the audio or the spectrogram of the character, audio of a player-selected character in a voice of the selected character (See rejection of claim 1).
Allowable Subject Matter
Claims 5-8, 13-16, and 19-20, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The applicant inventive system infers a voice by first mapping the player’s appearance or selected traits to a feature encoding, then finding the most similar stored character encoding [0048]-[0061]. The closest character’s voice is retrieved from a voice database and used as the voice basis for the player or player-selected character. In some embodiments, a trained voice transform model mixes multiple character voices and the player’s voice into a composite spectrogram, which is then converted to output audio [0027]-[0036], [0040]-[0043].
The prior art of records alone or in combination failed to teach the limitation of claims 5, 13, and 19, “ receiving, by a voice transform model, spectrograms of multiple, player-selected characters including a spectrogram of the selected character, the selected character associated with physical characteristics most similar to the physical characteristics of the player; and generating, by the voice transform model, a composite spectrogram that is a mixture of the received spectrograms.”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record Van et al.(US 2007/0218986 A1, “Celebrity Voices In A Video Game”) teach: Virtual environments in which players are able to select synthetic voices for their characters are described. The voices may be celebrity voices or impersonations of celebrity voices. A player may provide a spoken message to the game server, which converts the spoken message into a text message and then outputs the text message in audible form using a celebrity voice.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-5878. The examiner can normally be reached Monday -Friday, EST (IFP).
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/MOHAMMAD K ISLAM/Primary Examiner, Art Unit 2653
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