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 .
DETAILED ACTION
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. US12175570B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the Patent US12175570B2 contain substantially all the limitations of the instant application claims.
Application No. 18946045
Patent No. US12175570B2
1. A system comprising: one or more processors; and a memory storing instructions that, when executed by the one or more processors , configure the system to perform operations comprising: accessing text data; determining first characteristics of the text data; accessing a plurality of personalized avatars, the plurality of personalized avatars generated based on second characteristics and a base avatar, the plurality of personalized avatars comprising text placement areas; filtering the plurality of personalized avatars to generate a filtered plurality of personalized avatars, the filtering comprising excluding from the plurality of personalized avatars each personalized avatar having a text placement area that is unable to accommodate the text data; selecting a personalized avatar of the filtered plurality of personalized avatars for the text data based on matching the first characteristics of the text data with the second characteristics of the plurality of personalized avatars, and based on a text placement area, of the text placement areas, of the selected personalized avatar being able to accommodate the text data; generating a customized avatar based on the text data and the selected personalized avatar; and causing the customized avatar to be displayed on a display of a computing device.
1. A method comprising:
accessing text data;
inputting the text data into one or more first neural networks trained to classify the text data for each of the first characteristics, wherein first outputs of the one or more first neural networks indicate probabilities that the text data has each of the first characteristics;
generating, using a generative adversarial network (GAN) neural network (NN), a plurality of personalized avatars based on second characteristics and a base avatar, each of the personalized avatars comprising a text placement area;
inputting the plurality of personalized avatars into one or more second neural networks trained to classify the plurality of personalized avatars for each of the second characteristics, wherein second outputs of the one or more second neural networks indicate probabilities that each of the plurality of personalized avatars has each of the second characteristics
selecting a personalized avatar of the plurality of personalized avatars for the text data based on matching the probabilities that each of the plurality of personalized avatars has each of the second characteristics with the probabilities that the text data has each of the first characteristics, and based on the text placement area of the selected personalized avatar being able to accommodate the text data;
generating a customized avatar based on the text data and the selected personalized avatar; and
causing the customized avatar to be displayed on a display of a computing device.
17. A non-transitory computer-readable storage medium, the non-transitory computer-readable storage medium including instructions that when executed by a computer, cause the computer to perform operations comprising: accessing text data; determining first characteristics of the text data; accessing a plurality of personalized avatars, the plurality of personalized avatars generated based on second characteristics and a base avatar, the plurality of personalized avatars comprising text placement areas; filtering the plurality of personalized avatars to generate a filtered plurality of personalized avatars, the filtering comprising excluding from the plurality of personalized avatars each personalized avatar having a text placement area that is unable to accommodate the text data; selecting a personalized avatar of the filtered plurality of personalized avatars for the text data based on matching the first characteristics of the text data with the second characteristics of the plurality of personalized avatars, and based on a text placement area, of the text placement areas, of the selected personalized avatar being able to accommodate the text data; generating a customized avatar based on the text data and the selected personalized avatar; and causing the customized avatar to be displayed on a display of a computing device.
9. A system comprising:
one or more processors; and
a memory storing instructions that, when executed by the one or more processors, configure the system to perform operations comprising:
accessing text data;
inputting the text data into one or more first neural networks trained to classify the text data for each of the first characteristics, wherein first outputs of the one or more first neural networks indicate probabilities that the text data has each of the first characteristics;
generating, using a generative adversarial network (GAN) neural network (NN), a plurality of personalized avatars based on second characteristics and a base avatar, each of the personalized avatars comprising a text placement area;
inputting the plurality of personalized avatars into one or more second neural networks trained to classify the plurality of personalized avatars for each of the second characteristics, wherein second outputs of the one or more second neural networks indicate probabilities that each of the plurality of personalized avatars has each of the second characteristics
selecting a personalized avatar of the plurality of personalized avatars for the text data based on matching the probabilities that each of the plurality of personalized avatars has each of the second characteristics with the probabilities that the text data has each of the first characteristics, and based on the text placement area of the selected personalized avatar being able to accommodate the text data;
generating a customized avatar based on the text data and the selected personalized avatar; and
causing the customized avatar to be displayed on a display of a computing device.
19. A method comprising: accessing text data; determining first characteristics of the text data; accessing a plurality of personalized avatars, the plurality of personalized avatars generated based on second characteristics and a base avatar, the plurality of personalized avatars comprising text placement areas; filtering the plurality of personalized avatars to generate a filtered plurality of personalized avatars, the filtering comprising excluding from the plurality of personalized avatars each personalized avatar having a text placement area that is unable to accommodate the text data; selecting a personalized avatar of the filtered plurality of personalized avatars for the text data based on matching the first characteristics of the text data with the second characteristics of the plurality of personalized avatars, and based on a text placement area, of the text placement areas, of the selected personalized avatar being able to accommodate the text data; generating a customized avatar based on the text data and the selected personalized avatar; and causing the customized avatar to be displayed on a display of a computing device.
Dependent claims 2-16, 18, 20 recite similar matter as claim 2-8 and 11 of Patent US12175570B2 and are rejected for the same reason.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU CHEN whose telephone number is (571)270-7951. The examiner can normally be reached on Monday - Friday, 8AM - 5PM, Alternate Friday, EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao Wu can be reached on 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YU CHEN/
Primary Examiner, Art Unit 2613
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