DETAILED ACTION
This action is in response to the initial filing of application no. 18/951,664 on 11/19/2024.
Claims 1 – 5 are still pending, with claim 1 being independent.
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 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: a communicator that receives a first request 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 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 claim limitation recited in claims 1 – 5 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
a communicator that receives a first request message for generating the target character, identified by scanning one of a plurality of information codes, from a user terminal, and transmits a second request message related to second generation information for generating the target character by fine-tuning the basic character in accordance with the user associated with the user terminal character by fine-tuning the basic character in accordance with the user associated with the user terminal.
However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification discloses the following: a communicator (130) may include one or more modules that enable communication between Computing Device (100) and a communication system, between Computing Device (100) and User Terminal (200), or between Computing Device (100) and a network. A module is not sufficient structure to perform the functions of receiving and transmitting messages.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1- 5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1 – 5 recite the following limitations:
a communicator that receives a first request message for generating the target character, identified by scanning one of a plurality of information codes, from a user terminal, and transmits a second request message related to second generation information for generating the target character by fine-tuning the basic character in accordance with the user associated with the user terminal character by fine-tuning the basic character in accordance with the user associated with the user terminal.
As described above, the disclosure does not provide adequate structure to perform the claimed function of receiving and transmitting requests. The specification does not demonstrate that the applicant has made an invention that achieves the claimed function because the invention is not described with sufficient detail such that that one of ordinary skill in the art can reasonably conclude that the inventor has possession
Allowable Subject Matter
Aside from the non-prior rejection, it has been determined that the prior art fails to teach or suggest in reasonable combinations the limitations recited in claim 2. The limitations of claim 2 recite
A computing device comprising at least one processor and configured to provide a conversation with a target character generated using an artificial neural network, a storage that stores a basic command that generates a basic character related to the deceased based on the first generation information of the deceased, which was obtained in advance, and maps the basic command to a pre-designated information code; a communicator that receives a first request message for generating the target character, identified by scanning one of a plurality of information codes, from a user terminal, and transmits a second request message related to second generation information for generating the target character by fine-tuning the basic character in accordance with the user associated with the user terminal; and a character generator that, in response to the first request message, generates the basic character of the deceased using the basic command, and in response to the second request message, generates the customized target character using the second-generation information and a generative artificial neural network when the second generation information is received, wherein the second-generation information includes at least one of: a first command that provides basic background knowledge related to the target character, a second command that determines the role of the target character, a third command that defines the values of the target character, a fourth command that designates a counterpart for the conversation with the target character, and a fifth command that grants memories shared between the target character and the counterpart.
For example, Giagnocavo discloses the limitations recited by claim 1, except the following: wherein the second-generation information includes at least one of: a first command that provides basic background knowledge related to the target character, a second command that determines the role of the target character, a third command that defines the values of the target character, a fourth command that designates a counterpart for the conversation with the target character, and a fifth command that grants memories shared between the target character and the counterpart.
Additionally, Crocco (US 2023/0315778) discloses a computing device (Abstract; Fig.1, 112 and Fig.7) comprising at least one processor (Fig.7, 710) and configured to provide a conversation with a target character (Fig.3, 310; [0039] [0040]) , a storage (memory, Fig.7, 720) that stores a basic command that generates a basic character related to the deceased (long dead, [0029]) based on the first generation information of the deceased ([0028 – 0030] [0032 – 0035] [0037] [0038] [0045]), which was obtained in advance ([0028 – 0030]), and maps the basic command to a pre-designated information code (user access code, Fig.3, 304) ([0039]); a communicator (user access system which is separate from the computer system which provides a virtual conversation, Fig.3, 302; [0039]) that receives a request message for generating the target character from a user terminal (Fig.3, 302; [0039]), and receives a second request (Fig.310) related to second generation information for generating the target character by fine-tuning the basic character in accordance with the user associated with the user terminal (Fig.3, 310, 314 and 316; [0040]); and a component , that, in response to the first request message, generates the basic character of the deceased using the basic command, and in response to the request message, generates the customized target character using the second-generation information and a generative artificial neural network when the second generation information is received, wherein the second-generation information includes at least one of: a first command that provides basic background knowledge related to the target character, a second command that determines the role of the target character, a third command that defines the values of the target character, a fourth command that designates a counterpart for the conversation with the target character (user input associated with counterpart of the conversation comprises parameters including age and relationship, [0040]).
Yet, Crocco fails to teach the following: the communicator further receives a first request message for generating the target character, identified by scanning one of a plurality of information codes, from a user terminal; and a character generator that, in response to the first request message, generates the basic character of the deceased using the basic command, and in response to the second request message, generates the customized target character using the second-generation information and a generative artificial neural network when the second generation information is received, wherein the second-generation information includes at least one of: a first command that provides basic background knowledge related to the target character, a second command that determines the role of the target character, a third command that defines the values of the target character, and a fifth command that grants memories shared between the target character and the counterpart.
Aside from the non-prior rejection, it has been determined that the prior art fails to teach or suggest in reasonable combinations the limitations recited in claim 3 (with dependent claims 4 and 5). The limitations of claim 3 recite
A computing device comprising at least one processor and configured to provide a conversation with a target character generated using an artificial neural network, a storage that stores a basic command that generates a basic character related to the deceased based on the first generation information of the deceased, which was obtained in advance, and maps the basic command to a pre-designated information code; a communicator that receives a first request message for generating the target character, identified by scanning one of a plurality of information codes, from a user terminal, and transmits a second request message related to second generation information for generating the target character by fine-tuning the basic character in accordance with the user associated with the user terminal; and a character generator that, in response to the first request message, generates the basic character of the deceased using the basic command, and in response to the second request message, generates the customized target character using the second-generation information and a generative artificial neural network when the second generation information is received, wherein the communicator receives conversation history between the deceased and the user from at least one chat application used by the user terminal, and wherein the character generator generates at least one of: a sixth command that determines the speech style of the target character, a seventh command that provides background knowledge related to the relationship between the target character and the user, an eighth command that assigns values to the target character, and a ninth command that grants memories shared between the target character and the user, and generates the target character using the generated command, the basic character, and the generative artificial neural network.
For example, Giagnocavo discloses the limitations recited by claim 1 including, wherein the character generator generates a sixth command that determines the speech style of the target character ([0164]) and generates the target character using the generated command, the basic character, and the generative artificial neural network ([0164]). Yet, Giagnocavo fails to teach the following: wherein the communicator receives conversation history between the deceased and the user from at least one chat application used by the user terminal, and wherein the character generator generates at least one of: a seventh command that provides background knowledge related to the relationship between the target character and the user, an eighth command that assigns values to the target character, and a ninth command that grants memories shared between the target character and the user, and generates the target character using the generated command, the basic character, and the generative artificial neural network.
Additionally, Crocco (US 2023/0315778) discloses a computing device (Abstract; Fig.1, 112 and Fig.7) comprising at least one processor (Fig.7, 710) and configured to provide a conversation with a target character (Fig.3, 310; [0039] [0040]) , a storage (memory, Fig.7, 720) that stores a basic command that generates a basic character related to the deceased (long dead, [0029]) based on the first generation information of the deceased ([0028 – 0030] [0032 – 0035] [0037] [0038] [0045]), which was obtained in advance ([0028 – 0030]), and maps the basic command to a pre-designated information code (user access code, Fig.3, 304) ([0039]); a communicator (user access system which is separate from the computer system which provides a virtual conversation, Fig.3, 302; [0039]) that receives a request message for generating the target character from a user terminal (Fig.3, 302; [0039]), and receives a second request (Fig.310) related to second generation information for generating the target character by fine-tuning the basic character in accordance with the user associated with the user terminal (Fig.3, 310, 314 and 316; [0040]); and a component , that, in response to the first request message, generates the basic character of the deceased using the basic command, and in response to the request message, generates the customized target character using the second-generation information and a generative artificial neural network when the second generation information is received, wherein the second-generation information includes at least one of: a first command that provides basic background knowledge related to the target character, a second command that determines the role of the target character, a third command that defines the values of the target character, a fourth command that designates a counterpart for the conversation with the target character (user input associated with counterpart of the conversation comprises parameters including age and relationship, [0040]).
Yet, Crocco fails to teach the following: the communicator further receives a first request message for generating the target character, identified by scanning one of a plurality of information codes, from a user terminal; and a character generator that, in response to the first request message, generates the basic character of the deceased using the basic command, and in response to the second request message, generates the customized target character using the second-generation information and a generative artificial neural network when the second generation information is received, wherein the communicator receives conversation history between the deceased and the user from at least one chat application used by the user terminal, and wherein the character generator generates at least one of: a sixth command that determines the speech style of the target character, a seventh command that provides background knowledge related to the relationship between the target character and the user, an eighth command that assigns values to the target character, and a ninth command that grants memories shared between the target character and the user, and generates the target character using the generated command, the basic character, and the generative artificial neural network.
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giagnocavo et al. (US 2024/0265827) (“Giagnocavo”) in view of Sem et al. (US 2024/0427830) (“Sem”).
For claim 1, Giagnocavo discloses a computing device (computing system) (Fig.1, 105a and Fig.6, 600; [0038] [0085] [0167] [0168]) comprising at least one processor (Fig.1,110; [0038] [0085]) and configured to provide a conversation with a target character (avatar/AI/ML -driven persona adapted for observable characteristics of a user, [0028] [0034]) generated using an artificial neural network (Fig.1, 125a; [0085] [0086]), a storage (non-transitory computer readable medium) that stores a basic command that generates a basic character (avatar/AI/ML -driven persona)([0029 – 0031] [0038]) related to the deceased (deceased celebrity, [0029] [0089]), based on the first generation information (set personality) of the deceased ([0031]), which was obtained in advance (The AI/ML-driven persona being selected by a user and caused to interact with a user via a UI implies that the AI/ML driven persona is obtained in advanced., [0033] [0138]); a communicator (Fig.6, 630; [0167] [0170]) that transmits (The communicator exchanges data with another computer such as a user terminal., [0085] [0090] [0170]) a second request message related to second generation information for generating the target character by fine-tuning the basic character in accordance with the user associated with the user terminal (Information obtained during a conversation between a user and at least on AI/ML-driven persona is interpreted as a request to adjust/adapt, or fine-tune, the basic, AI/ML-driven persona to match to a determined corresponding interaction characteristic of the user, [0031] [0041] [0139 – 0142] [0164]); and a character generator (user interactive system(s), Fig.1, 115a) that generates the basic character of the deceased using the basic command (Fig.5A, 502a -512a and Fig.5G, 544 - 548; [0033] [0138] [0161]) and in response to the second request message, generates the customized target character using the second-generation information and a generative artificial neural network when the second generation information is received (Fig.5g, 554 and 556; [0034] [0164]).
Yet, Giagnocavo fails to teach the following: the basic command is mapped to a pre-designated information code; first request message for generating the target character, identified by scanning one of a plurality of information codes, from a user terminal is received by the communicator; and the basic character is generated by the character generator.
However, Sem discloses a method for providing enhanced augmented reality and/or virtual reality content bot a user based on a physical media item such as a book, poster, museum display, etc. (Abstract), comprising the following: a pre-designated information code (marker such as a QR code) is mapped to a digital content items (avatars of historical figures, [0043]) ([0038] [0039] [0043]); a request for generating a basic character (historical figure) is identified by scanning one of a plurality of information codes (markers) ([0041] [0042]); and the basic character is presented on a user’s device ([0042]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to improve Giagnocavo’s invention in the same way that Sem’s invention has been improved to achieve the following, predictable results for the purpose of improving the engagement of a user by enhancing physical media items (books, posters, etc.) by integrating virtual reality/augmented reality content (Sem,[0002] [0013] [0014]): the basic command that generates a basic character (digital content item/avatar) is further mapped to a pre-designated information code; a request for generating the basic character is further identified by scanning one of a plurality of information codes; and the basic character is presented at the user terminal (wherein presenting the basic character at the user terminal necessarily comprises: the communicator receiving a first request for generating the basic character; and the character generating further generating the basic character).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Abramson et al. (US 2018/0293483) (A system and methods of creating a conversational chat bot of a specific person), Palamadai et al. (US 2024/0212223) (A device and method for adaptive simulation of celebrity and legacy avatars), Harrison et al. (US 2022/0019886) ( A computer-implemented bond network system provides for a software configuration (e.g., software application such as an “app”) that allows members of a bond network to communicate with each other, irrespective of whether all of the members are living, or some of the members are living and others are deceased),
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONIA L GAY whose telephone number is (571)270-1951. The examiner can normally be reached Monday-Friday 9-5 ET.
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/SONIA L GAY/Primary Examiner, Art Unit 2657
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