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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
Double Patenting
The nonstatutory 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 nonstatutory 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 nonstatutory 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-6, 8, 12, 14-15, 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-5, 8, 12-13, 15 of U.S. Patent No. 12,184,708 (hereinafter referred to as Patent ‘708) in view of Yerli (US Patent No. 11,218,522).
Regarding claim 1, the Patent ‘708 claim 1 teaches “providing a video conference session in a virtual environment that is a three-dimensional virtual space and includes respective digital representations of conference participants of the video conference session” functionally similar to “providing, in a video conference session, a virtual environment that is three-dimensional and that includes digital representations of video conference participants” recited in claim 1 of the present invention; the Patent ‘708 claim 1 teaches “placing a three-dimensional representation of a first conference participant of the conference participants in the virtual environment, wherein the first conference participant is an augmented or a virtual reality (AR/VR) conference participant” functionally similar to “providing, in the virtual environment, a representation of a first participant as an augmented or virtual reality (AR/VR) participant in three dimensions” recited in claim 1 of the present invention; the Patent ‘708 claim 1 teaches “receiving a video stream of a second video conference participant of the conference participants, wherein the second video conference participant is a non-AR/VR conference participant, and wherein the video stream is two-dimensional” functionally similar to “receiving a two-dimensional video stream of a second participant who is not in AR/VR” recited in claim 1 of the present invention; the Patent ‘708 claim 1 teaches “determining a boundary about the second video conference participant in the video stream, wherein the boundary has an interior portion and an exterior portion, the interior portion being a two-dimensional depiction of the second video conference participant and the exterior portion depicting a background of the second video conference participant” functionally similar to “defining a boundary around the second participant within the two-dimensional video stream to separate an interior depiction of the second participant from an exterior background” recited in claim 1 of the present invention. The Patent ‘708 claim 1 teaches “processing the video stream to generate a modified video stream comprising the interior portion depicting the second video conference participant without the exterior portion depicting the background; providing the modified video stream in the virtual environment as a digital representation of the second video conference participant, the digital representation being two-dimensional, and the virtual environment including the digital representation that is two-dimensional and the three-dimensional representation” which is obviously for displaying to the user functionally similar to “the interior depiction of the second participant and the representation of the first participant within the virtual environment” recited in claim 1 of the present invention, but Patent ‘708 claim 1 does not explicitly teach “displaying” the interior depiction of the second participant and the representation of the first participant within the virtual environment. Also, Claim 1 of the present invention does not recite “providing in the video conference session a second video stream of the virtual environment captured by a virtual camera located at a viewpoint of the digital representation of the second video conference participant in the virtual environment” as recited in claim 1 of Patent ‘708.
However, in the similar field, Yerli teaches “displaying the interior depiction of the second participant (client video/ video cut out with background removed) and the representation of the first participant (client video/ video cut out without background removed) within the virtual environment” (col. 9 ll. 12-col. 10 ll. 39 various embodiments of client video without background and representation of other client video feeds in virtual environment displayed, col. 30 ll. 5-31, col. 55 ll. 64-col. 56 ll. 51 and other embodiments elsewhere in the art).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Patent ‘708 claim 1 to explicitly display the interior depiction of the second participant and the representation of the first participant within the virtual environment as taught by Yerli so that “The multimedia streams may be viewed, e.g., in first person within the virtual environment 1212 by the users through their user graphical representations 1222 via their client devices 1210.” (Yerli, col. 56 ll. 41-44).
Regarding claim 3, it is rejected against claim 4 of Patent ‘708.
Regarding claim 4, it is rejected against claim 5 of Patent ‘708.
Regarding claim 5, it is rejected against claim 1 of Patent ‘708.
Regarding claim 6, it is rejected against claim 1 of Patent ‘708.
Regarding claim 8, the Patent ‘708 claim 15 teaches “provide a video conference session in a virtual environment that is a three-dimensional virtual space and includes respective digital representations of conference participants of the video conference session” functionally similar to “provide, in a video conference session, a virtual environment that is three-dimensional and that includes digital representations of video conference participants” recited in claim 8 of the present invention; the Patent ‘708 claim 15 teaches “place a three-dimensional representation of a first conference participant of the conference participants in the virtual environment, wherein the first conference participant is an augmented or a virtual reality (AR/VR) conference participant” functionally similar to “provide, in the virtual environment, a representation of a first participant as an augmented or virtual reality (AR/VR) participant in three dimensions” recited in claim 8 of the present invention; the Patent ‘708 claim 15 teaches “receive a video stream of a second video conference participant of the conference participants, wherein the second video conference participant is a non-AR/VR conference participant, and wherein the video stream is two-dimensional” functionally similar to “receive a two-dimensional video stream of a second participant who is not in AR/VR” recited in claim 8 of the present invention; the Patent ‘708 claim 15 teaches “determine a boundary about the second video conference participant in the video stream, wherein the boundary has an interior portion and an exterior portion, the interior portion being a two-dimensional depiction of the second video conference participant and the exterior portion depicting a background of the second video conference participant” functionally similar to “define a boundary around the second participant within the two-dimensional video stream to separate an interior depiction of the second participant from an exterior background” recited in claim 8 of the present invention. The Patent ‘708 claim 15 teaches “process the video stream to generate a modified video stream comprising the interior portion depicting the second video conference participant without the exterior portion depicting the background; provide the modified video stream in the virtual environment as a digital representation of the second video conference participant, the digital representation being two-dimensional, and the virtual environment including the digital representation that is two-dimensional and the three-dimensional representation;” which is obviously for displaying to the user functionally similar to “the interior depiction of the second participant and the representation of the first participant within the virtual environment” recited in claim 8 of the present invention, but Patent ‘708 claim 15 does not explicitly teach “display” the interior depiction of the second participant and the representation of the first participant within the virtual environment. Also, Claim 8 of the present invention does not recite “provide in the video conference session a second video stream of the virtual environment captured by a virtual camera located at a viewpoint of the digital representation of the second video conference participant in the virtual environment” as recited in claim 15 of Patent ‘708.
However, in the similar field, Yerli teaches to “display the interior depiction of the second participant (client video/ video cut out with background removed) and the representation of the first participant (client video/ video cut out without background removed) within the virtual environment” (col. 9 ll. 12-col. 10 ll. 39 various embodiments of client video without background and representation of other client video feeds in virtual environment displayed, col. 30 ll. 5-31, col. 55 ll. 64-col. 56 ll. 51 and other embodiments elsewhere in the art).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Patent ‘708 claim 1 to explicitly display the interior depiction of the second participant and the representation of the first participant within the virtual environment as taught by Yerli so that “The multimedia streams may be viewed, e.g., in first person within the virtual environment 1212 by the users through their user graphical representations 1222 via their client devices 1210.” (Yerli, col. 56 ll. 41-44).
Regarding claim 12, it is rejected against claim 13 of Patent ‘708. Claim 15 of Patent 708 recites “video conference session in a virtual environment that is a three-dimensional virtual space” obviously any space including conference room.
Regarding claim 14, it is rejected against claim 15 modified with functionality of claim 13 of Patent ‘708. Also, Yerli teaches to provide, in the video conference session, a second video stream of the virtual environment (Fig. 10B environment in addition to Fig. 10A environment).
Regarding claim 15, the Patent ‘708 claim 8 teaches “providing a video conference session in a virtual environment that is a three-dimensional virtual space and includes respective digital representations of conference participants of the video conference session” functionally similar to “providing, in a video conference session, a virtual environment that is three-dimensional and that includes digital representations of video conference participants” recited in claim 15 of the present invention; the Patent ‘708 claim 8 teaches “placing a three-dimensional representation of a first conference participant of the conference participants in the virtual environment, wherein the first conference participant is an augmented or a virtual reality (AR/VR) conference participant” functionally similar to “providing, in the virtual environment, a representation of a first participant as an augmented or virtual reality (AR/VR) participant in three dimensions” recited in claim 15 of the present invention; the Patent ‘708 claim 8 teaches “receiving a video stream of a second video conference participant of the conference participants, wherein the second video conference participant is a non-AR/VR conference participant, and wherein the video stream is two-dimensional” functionally similar to “receiving a two-dimensional video stream of a second participant who is not in AR/VR” recited in claim 15 of the present invention; the Patent ‘708 claim 8 teaches “determining a boundary about the second video conference participant in the video stream, wherein the boundary has an interior portion and an exterior portion, the interior portion being a two-dimensional depiction of the second video conference participant and the exterior portion depicting a background of the second video conference participant” functionally similar to “defining a boundary around the second participant within the two-dimensional video stream to separate an interior depiction of the second participant from an exterior background” recited in claim 15 of the present invention. The Patent ‘708 claim 8 teaches “processing the video stream to generate a modified video stream comprising the interior portion depicting the second video conference participant without the exterior portion depicting the background; providing the modified video stream in the virtual environment as a digital representation of the second video conference participant, the digital representation being two-dimensional, and the virtual environment including the digital representation that is two-dimensional and the three-dimensional representation” which is obviously for displaying to the user functionally similar to “the interior depiction of the second participant and the representation of the first participant within the virtual environment” recited in claim 15 of the present invention, but Patent ‘708 claim 8 does not explicitly teach “displaying” the interior depiction of the second participant and the representation of the first participant within the virtual environment. Also, Claim 15 of the present invention does not recite “providing in the video conference session a second video stream of the virtual environment captured by a virtual camera located at a viewpoint of the digital representation of the second video conference participant in the virtual environment” as recited in claim 8 of Patent ‘708.
However, in the similar field, Yerli teaches “displaying the interior depiction of the second participant (client video/ video cut out with background removed) and the representation of the first participant (client video/ video cut out without background removed) within the virtual environment” (col. 9 ll. 12-col. 10 ll. 39 various embodiments of client video without background and representation of other client video feeds in virtual environment displayed, col. 30 ll. 5-31, col. 55 ll. 64-col. 56 ll. 51 and other embodiments elsewhere in the art).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Patent ‘708 claim 8 to explicitly display the interior depiction of the second participant and the representation of the first participant within the virtual environment as taught by Yerli so that “The multimedia streams may be viewed, e.g., in first person within the virtual environment 1212 by the users through their user graphical representations 1222 via their client devices 1210.” (Yerli, col. 56 ll. 41-44).
Regarding claim 18, it is rejected against claim 15 modified with functionality of claim 12 of Patent ‘708..
Regarding claim 19, it is rejected against claim 8 of Patent ‘708..
Regarding claim 20, it is rejected against claim 8 of Patent ‘708.
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 1-2, 4-6, 8-12, 14-16, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yerli (US Patent No. 11,218,522)., and further in view of Zimmerman (US Patent Application Publication No. 2021/0312684).
Regarding claim 1, Yerli teaches a method, comprising:
providing, in a video conference session (Figs. 9, 10A-10B, 12 conference session), a virtual environment that is three-dimensional and that includes digital representations of video conference participants (Figs. 9, 10A-10B virtual environment, Fig. 12 item 1222 user graphical representations) (col. 28 ll. 55-66, col. 52 ll. 24-col. 53 ll. 28, col. 54 ll. 29-col. 56 ll. 51);
providing, in the virtual environment, a representation of a first participant as an augmented or virtual reality (AR/VR) participant in three dimensions (Fig. 12 item 1222, col. 29 ll. 3-10 user with head mounted display, col. 53 ll. 26-34 user video with background removed, or user 3D cut out from live video feed, col. 54 ll. 60-col. 55, ll. 1);
receiving a two-dimensional video stream of a second participant who is not in AR/VR (col. 29 ll. 3-10 user with mobile device i.e. not AR/VR, col. 54 ll. 51-59, col. 55 l.. 64-col. 56 ll. 4 video from home camera i.e. not AR/VR);
determining a boundary around the second participant within the two-dimensional video stream to separate an interior depiction of the second participant from an exterior background (col. 31 ll. 43-col. 32 ll. 5, col. 32 ll. 14-col. 33 ll. 6); and
displaying the interior depiction of the second participant and the representation of the first participant within the virtual environment (Fig. 12 item 1212, col. 2 ll. 42-col. 3 ll. 19, col. 31 ll. 61-col. 32 ll. 5, col. 33 ll. 7-14 displaying graphical representations in variety of manners, col. 61 ll. 31-col. 62 ll. 3) (col. 1 ll. 57-col. 25 ll. 50, col. 27 ll. 14-col. 64 ll. 8 for complete details).
Yerli teaches determining a boundary around the second participant within the two-dimensional video stream, but Yerli does not specifically teach defining a boundary around the second participant within the two-dimensional video stream.
However, in the similar field, Zimmerman teaches defining a boundary around the second participant within the two-dimensional video stream (Paragraphs 0245-0246 manually indicating region of interest for face).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Yerli to include defining a boundary around the second participant within the two-dimensional video stream as taught by Zimmerman so that “a viewer of the wearable system can specify a size of the social triangle, and the wearable system can determine a region of the face that meets the specified size as the social triangle (such as, e.g., by placing the triangle on the face such that the eyes, nose, or mouth fit within it)” (Zimmerman, Paragraph 0246).
Regarding claim 2, Zimmerman teaches providing a user interface control for selecting a location of the interior depiction of the second participant in the virtual environment (Paragraphs 0245-0246).
Regarding claim 4, Yerli teaches wherein displaying the interior depiction of the second participant and the representation of the first participant within the virtual environment comprises: generating a three-dimensional mesh based on the interior depiction of the second participant; and displaying the interior depiction of the second participant on the three-dimensional mesh (col. 2 ll. 62-col. 3 ll. 14, col. 31 ll. 7-17, ll. 43-65, col. 32 ll. 65-col. 33 ll. 6).
Zimmerman teaches wherein displaying the interior depiction of the second participant and the representation of the first participant within the virtual environment comprises: generating a three-dimensional mesh based on the interior depiction of the second participant; and displaying the interior depiction of the second participant on the three-dimensional mesh (Paragraphs 0124, 0145, 0149, 0187).
Regarding claim 5, Yerli teaches providing, in the video conference session, a second video stream of the virtual environment (Fig. 10B environment in addition to Fig. 10A environment, Figs. 12-14 multiple video streams of multiple users and broadcast video stream).
Regarding claim 6, Yerli teaches wherein the second video stream of the virtual environment is captured by a virtual camera located in the virtual environment (Fig. 12 video stream captured by item 1214, col. 55 ll. 50-63).
Regarding claim 8, Yerli teaches a system, comprising:
one or more processors configured to perform instructions (Fig. 16, col. 60 ll. 22-col. 62 ll. 3) to:
provide, in a video conference session (Figs. 9, 10A-10B, 12 conference session), a virtual environment that is three-dimensional and that includes digital representations of video conference participants (Figs. 9, 10A-10B virtual environment, Fig. 12 item 1222 user graphical representations) (col. 28 ll. 55-66, col. 52 ll. 24-col. 53 ll. 28, col. 54 ll. 29-col. 56 ll. 51);
provide, in the virtual environment, a representation of a first participant as an augmented or virtual reality (AR/VR) participant in three dimensions (Fig. 12 item 1222, col. 29 ll. 3-10 user with head mounted display, col. 53 ll. 26-34 user video with background removed, or user 3D cut out from live video feed, col. 54 ll. 60-col. 55, ll. 1);
receive a two-dimensional video stream of a second participant who is not in AR/VR (col. 29 ll. 3-10 user with mobile device i.e. not AR/VR, col. 54 ll. 51-59, col. 55 l.. 64-col. 56 ll. 4 video from home camera i.e. not AR/VR);
determine a boundary around the second participant within the two-dimensional video stream to separate an interior depiction of the second participant from an exterior background (col. 31 ll. 43-col. 32 ll. 5, col. 32 ll. 14-col. 33 ll. 6); and
display the interior depiction of the second participant and the representation of the first participant within the virtual environment (Fig. 12 item 1212, col. 2 ll. 42-col. 3 ll. 19, col. 31 ll. 61-col. 32 ll. 5, col. 33 ll. 7-14 displaying graphical representations in variety of manners, col. 61 ll. 31-col. 62 ll. 3) (col. 1 ll. 57-col. 25 ll. 50, col. 27 ll. 14-col. 64 ll. 8 for complete details).
Yerli teaches to determine a boundary around the second participant within the two-dimensional video stream, but Yerli does not specifically teach to define a boundary around the second participant within the two-dimensional video stream.
However, in the similar field, Zimmerman teaches to define a boundary around the second participant within the two-dimensional video stream (Paragraphs 0245-0246 manually indicating region of interest for face).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Yerli to include defining a boundary around the second participant within the two-dimensional video stream as taught by Zimmerman so that “a viewer of the wearable system can specify a size of the social triangle, and the wearable system can determine a region of the face that meets the specified size as the social triangle (such as, e.g., by placing the triangle on the face such that the eyes, nose, or mouth fit within it)” (Zimmerman, Paragraph 0246).
Regarding claim 9, Yerli wherein the one or more processors further configured to perform instructions to: generate volumetric information about a face of the second participant based on the interior depiction of the second participant; generating a three-dimensional mesh based on the volumetric information; and providing the interior depiction of the second participant on the three-dimensional mesh (col. 2 ll. 62-col. 3 ll. 14, col. 31 ll. 7-17, ll. 43-65, col. 32 ll. 65-col. 33 ll. 6).
Zimmerman teaches wherein the one or more processors further configured to perform instructions to: generate volumetric information about a face of the second participant based on the interior depiction of the second participant; generating a three-dimensional mesh based on the volumetric information; and providing the interior depiction of the second participant on the three-dimensional mesh (Paragraphs 0124, 0145, 0149, 0187).
Regarding claim 10, Yerli teaches wherein the one or more processors further configured to perform instructions to: capture a video stream of the virtual environment from a viewpoint of the displayed interior depiction; and provide the video stream of the virtual environment in the video conference session (col. 55 ll. 50-63).
Regarding claim 11, Yerli teaches wherein the one or more processors further configured to perform instructions to: dynamically adjust the boundary based on movements of the second participant within the two-dimensional video stream (col. 31 ll. 35-54, col. 32 ll. 22-32, col. 37 ll. 53-58).
Zimmerman teaches wherein the one or more processors further configured to perform instructions to: dynamically adjust the boundary based on movements of the second participant within the two-dimensional video stream (Paragraphs 0045, 0096, 0124, 0144-0146, 0151-0152, 0157, 0162-0163, 0242 tracking user movement for corresponding face with its boundary).
Regarding claim 12, Yerli teaches wherein the virtual environment includes a background setting that reflects a conference room (Figs. 9, 10A-10B).
Regarding claim 14, Yerli teaches wherein the one or more processors further configured to perform instructions to: provide, in the video conference session, a second video stream of the virtual environment (Fig. 10B environment in addition to Fig. 10A environment, Figs. 12-14 multiple video streams of multiple users and broadcast video stream).
Regarding claim 15, Yerli teaches a non-transitory computer-readable medium storing instructions operable to cause one or more processors to perform operations (col. 63 ll. 50-col. 64 ll. 8) comprising:
providing, in a video conference session (Figs. 9, 10A-10B, 12 conference session), a virtual environment that is three-dimensional and that includes digital representations of video conference participants (Figs. 9, 10A-10B virtual environment, Fig. 12 item 1222 user graphical representations) (col. 28 ll. 55-66, col. 52 ll. 24-col. 53 ll. 28, col. 54 ll. 29-col. 56 ll. 51);
providing, in the virtual environment, a representation of a first participant as an augmented or virtual reality (AR/VR) participant in three dimensions (Fig. 12 item 1222, col. 29 ll. 3-10 user with head mounted display, col. 53 ll. 26-34 user video with background removed, or user 3D cut out from live video feed, col. 54 ll. 60-col. 55, ll. 1);
receiving a two-dimensional video stream of a second participant who is not in AR/VR (col. 29 ll. 3-10 user with mobile device i.e. not AR/VR, col. 54 ll. 51-59, col. 55 l.. 64-col. 56 ll. 4 video from home camera i.e. not AR/VR);
determining a boundary around the second participant within the two-dimensional video stream to separate an interior depiction of the second participant from an exterior background (col. 31 ll. 43-col. 32 ll. 5, col. 32 ll. 14-col. 33 ll. 6); and
displaying the interior depiction of the second participant and the representation of the first participant within the virtual environment (Fig. 12 item 1212, col. 2 ll. 42-col. 3 ll. 19, col. 31 ll. 61-col. 32 ll. 5, col. 33 ll. 7-14 displaying graphical representations in variety of manners, col. 61 ll. 31-col. 62 ll. 3) (col. 1 ll. 57-col. 25 ll. 50, col. 27 ll. 14-col. 64 ll. 8 for complete details).
Yerli teaches determining a boundary around the second participant within the two-dimensional video stream, but Yerli does not specifically teach defining a boundary around the second participant within the two-dimensional video stream.
However, in the similar field, Zimmerman teaches defining a boundary around the second participant within the two-dimensional video stream (Paragraphs 0245-0246 manually indicating region of interest for face).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Yerli to include defining a boundary around the second participant within the two-dimensional video stream as taught by Zimmerman so that “a viewer of the wearable system can specify a size of the social triangle, and the wearable system can determine a region of the face that meets the specified size as the social triangle (such as, e.g., by placing the triangle on the face such that the eyes, nose, or mouth fit within it)” (Zimmerman, Paragraph 0246).
Regarding claim 16, Yerli teaches wherein the interior depiction of the second participant is provided as a video sprite in the virtual environment (col. 2 ll. 46-49, col. 2 ll. 62-col. 3 ll. 2, col. 14 ll. 9-12, col. 16 ll. 19-21, col. 27 ll. 35-37, col. 30 ll. 59-65, col. 31 ll. 7-15, ll. 43-54, col. 41 ll. 40-48, col. 53 ll. 26-30 graphical representation with static expressions from photo).
Regarding claim 18, Yerli teaches to provide the interior depiction of the second participant on a three-dimensional mesh generated based on the interior depiction (col. 2 ll. 62-col. 3 ll. 14, col. 31 ll. 7-17, ll. 43-65, col. 32 ll. 65-col. 33 ll. 6).
Zimmerman teaches to provide the interior depiction of the second participant on a three-dimensional mesh generated based on the interior depiction (Paragraphs 0124, 0145, 0149, 0187).
Regarding claim 19, Yerli teaches wherein the video conference session includes a second video stream of the virtual environment (Fig. 10B environment in addition to Fig. 10A environment, Figs. 12-14 multiple video streams of multiple users and broadcast video stream).
Regarding claim 20, Yerli teaches wherein the second video stream is captured by a virtual camera located in the virtual environment (Fig. 12 video stream captured by item 1214, col. 55 ll. 50-63).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yerli and Zimmerman as applied to claim 1 above, and further in view of Copley (US Patent Application Publication No. 2020/0322395).
Regarding claim 3, Yerli and Zimmerman do not teach the interior depiction of the second participant is displayed on a flat shape in the virtual environment.
However, in the similar field, Copley teaches the interior depiction of the second participant is displayed on a flat shape in the virtual environment (Fig. 4B item 432, Paragraphs 0068-0069).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Yerli and Zimmerman to include the interior depiction of the second participant displayed on a flat shape in the virtual environment as taught by Copley so that “The orientation representation of a client-side user using a desktop, smartphone, or other non-HMD type of client-side can be provide by rotating their video feed in 3D space, e.g., as shown in FIG. 4B with reference to the rotatable floating screen 432. This provides a way to indicate where client-side user of the non-HMD type of client device is “looking”.” (Copley, Paragraph 0069).
Claims 7, 13, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Yerli and Zimmerman as applied to claims 1, 8, 15 above, and further in view of Hauenstein (US Patent Application Publication No. 2019/0065027).
Regarding claim 7, Yerli and Zimmerman do not teach adjusting an opacity associated with the second participant to enhance visual integration within the virtual environment.
However, in the similar field, Hauenstein teaches adjusting an opacity associated with the second participant to enhance visual integration within the virtual environment (Paragraphs 0082 providing graphical components to adjust transparency (opacity) od displayed objects, 0400 adjusting transparency of displayed objects including foreground object).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Yerli and Zimmerman to include adjusting an opacity associated with the second participant to enhance visual integration within the virtual environment as taught by Hauenstein to enable “changing the visual impact (e.g., brightness, transparency, saturation, contrast or other visual property) of graphics that are displayed” (Hauenstein, Paragraph 0082).
Regarding claim 13, Yerli and Zimmerman do not teach to apply a transparency effect to the exterior background
However, in the similar field, Hauenstein teaches to apply a transparency effect to the exterior background (Paragraphs 0082 providing graphical components to adjust transparency (opacity) od displayed objects, 0400 adjusting transparency of displayed objects including background object).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Yerli and Zimmerman to include to apply a transparency effect to the exterior background as taught by Hauenstein to enable “changing the visual impact (e.g., brightness, transparency, saturation, contrast or other visual property) of graphics that are displayed” (Hauenstein, Paragraph 0082).
Regarding claim 17, Yerli and Zimmerman do not teach a transparency control setting is provided to a user for adjusting a transparency with respect to the second participant
However, in the similar field, Hauenstein teaches a transparency control setting is provided to a user for adjusting a transparency with respect to the second participant (Paragraphs 0082 providing graphical components to adjust transparency (opacity) od displayed objects, 0400 adjusting transparency of displayed objects including foreground object).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to modify Yerli and Zimmerman to include a transparency control setting provided to a user for adjusting a transparency with respect to the second participant as taught by Hauenstein to enable “changing the visual impact (e.g., brightness, transparency, saturation, contrast or other visual property) of graphics that are displayed” (Hauenstein, Paragraph 0082).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEMANT PATEL whose telephone number is (571)272-8620. The examiner can normally be reached M-F 8:00 AM - 4:30 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached at 571-272-7547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
HEMANT PATEL
Primary Examiner
Art Unit 2694
/HEMANT S PATEL/ Primary Examiner, Art Unit 2694
Prosecution Insights