CTNF 18/970,425 CTNF 86949 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s rejected on the ground of nonstatutory double patenting as being unpatentable over claim s of U.S. Patent No. 10657695 . Although the claims at issue are not identical, they are not patentably distinct from each other because. Instant Application U.S. Patent No. 10657695 Claim 1 A method comprising: initiating a communication session at a client device; accessing image data at the client device responsive to the initiation of the communication session; generating a 3D avatar based on the image data; and causing display of a messaging interface at the client device, the messaging interface including a display of the 3D avatar at a position within the messaging interface; determining a point of gaze based on the image data; and determining an orientation of the 3D avatar within the messaging interface based on the point of gaze. Claim 1 A method comprising: detecting an initiation of a communication session at a first client device, the communication session between the first client device and a second client device; causing the first client device to capture image data that depicts a face of a user of the first client device, and audio data in response to the detecting the initiation of the communication session; generating a mesh representation of the face of the user based on the image data, the mesh representation including a point-of-gaze indicator; selecting a set of avatar features from among a collection of avatar features based on a user account associated with the first client device, the user account including an identification of the set of avatar features; generating an avatar to be associated with the user of the first client device based on the set of avatar features and the mesh representation; causing display of a communication interface at the second client device in response to the initiation of the communication session, the communication interface comprising a presentation of the avatar associated with the user of the first client device and a display of a chat transcript that comprises a plurality of messages sent during the communication session between the first client device and the second client device; orienting the presentation of the avatar associated with the user within the communication interface based on point-of-gaze indicator of the mesh representation; transcribing the audio data to a text string; translating the text string from a first language to a second language, the second language based on a language preference associated with the second client device; and presenting the text string within the communication interface at a position based on the presentation of the avatar associated with the user. Claim 2 Claim 1 … causing the first client device to capture image data that depicts a face of a user of the first client device, and audio data in response to the detecting the initiation of the communication session; Claim 3 Claim 1 … generating a mesh representation of the face of the user based on the image data, the mesh representation including a point-of-gaze indicator; … generating an avatar to be associated with the user of the first client device based on the set of avatar features and the mesh representation; Claim 5 Claim 7 Claim 7 Claim 1 Claim 8 Claim 13 Claim 1 in view of U.S. Patent No. 10657695 does not disclose 3D avatar . However, Du discloses a 3D avatar (DU[0033], “3-D avatar animation”). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify U.S. Patent No. 10657695 with Du to utilize a 3D avatar. This would have been done to generate an enhanced virtual experience. Claim 8 is rejected similar to claim 1 above . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-3, 5, 7-10, 12, 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Du et al (US 20140055554 A1) in view of Huitema et al (US 20120154510 A1) . Regarding claim 1 , Du discloses a method (Du [0012]) comprising: initiating a communication session at a client device (Du [0055], “communication (session) may be initiated between the device (a client device) and the at least one remote device”); accessing image data at the client device responsive to the initiation of the communication session (Du [0055], “communication (session) may be initiated between the device and the at least one remote device … A camera in the device may then begin capturing images … image analysis may occur starting with detection/tracking of a face/head in the image”) ; generating a 3D avatar based on the image data (Du [0031], “An example of animation for 3-D models includes deforming a 3-D wireframe model, applying a texture mapping, … cause the avatar's features to resemble the features of the user's face.”; [0055], “ A camera in the device may then begin capturing images … image analysis may occur starting with detection/tracking of a face/head in the image” ); and causing display of a messaging interface at the client device, the messaging interface including a display of the 3D avatar at a position within the messaging interface (Du fig. 2 – 214; [0033], “3-D avatar animation”; [0036], “feedback avatar 214 appears as the avatar selected by the user (causing display of a messaging interface at the client device, the messaging interface including a display of the 3D avatar at a position within the messaging interface) ”); determining a point of gaze based on the image data (Du [0046], “The eye detection/tracking … operable to detect and identify … eye gaze or focus of the user in the image.”); and Du does not disclose determining an orientation of the 3D avatar within the messaging interface based on the point of gaze. However, Huitema discloses determining an orientation of the 3D avatar within the messaging interface based on the point of gaze (Huitema [0026], “"gaze direction" data for a frame indicates what the user is looking at … view selection for a user drives the orientation of the corresponding avatar's head.”; [0032], “first-person … 3D chat”). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Du with Huitema to change orientations of an avatar based on user gaze. This would have been done to create a realistic representation of the user. See, for example, Huitema [0032], “first-person 2D or 3D chat or recording experience that is engaging, entertaining, and relatively realistic.”. Regarding claim 2 , Du in view of Huitema discloses the method of claim 1, wherein the accessing the image data comprises: activating a camera of the client device in response to detecting the initiation of the communication session (Du [0055], “communication (session) may be initiated between the device and the at least one remote device … A camera in the device may then begin capturing images”); and capturing the image data via the camera (Du [0055], “communication may be initiated between the device and the at least one remote device … A camera in the device may then begin capturing images”) . Regarding claim 3 , Du in view of Huitema discloses the method of claim 1, further comprising: generating a mesh representation of a face of a user based on the image data (Du [0026], “The face detection module 204 … to identify, at least to a certain extent, one or more facial characteristics in the image.”; [0031], “The device 102 may further include an avatar control module 210 configured to generate parameters for animating an avatar … An example of animation for 3-D models includes deforming a 3-D wireframe model … A change in position of the detected face and/or facial characteristic 206, including facial features, may be may converted into parameters that cause the avatar's features to resemble the features of the user's face.” Paragraphs 26 and 31 disclose a mesh representation of the face of the user based on the captured image data ) ; and generating the 3D avatar based on the mesh representation (Du [0026], “The face detection module 204 … to identify, at least to a certain extent, one or more facial characteristics in the image.”; [0031], “The device 102 may further include an avatar control module 210 configured to generate parameters for animating an avatar … An example of animation for 3-D models includes deforming a 3-D wireframe model … A change in position of the detected face and/or facial characteristic 206, including facial features, may be may converted into parameters that cause the avatar's features to resemble the features of the user's face.” Du [0055], “detected face/head position and/or facial characteristics are converted into Avatar parameters. Avatar parameters are used to animate the selected avatar” Paragraphs 26, 31 and 55 disclose generating the 3D avatar based on the mesh representation ) . Regarding claim 5 , Du in view of Huitema discloses the method of claim 1, wherein the accessing the image data at the client device responsive to the initiation of the communication session includes: receiving a request to join the communication session (Du [0053], “Device 112' may then receive the connection establishment request”) ; receiving a selection of the request (Du [0053], “ Should the user of device 112' accept the connection ( receiving a selection of the request ) (e.g., accept the video call) the connection may be established” ); and detecting the initiation of the communication session based on the selection of the request (Du [0053], “ Should the user of device 112' accept the connection (e.g., accept the video call) the connection may be established ( detecting the initiation of the communication session based on the selection of the request ) ” ). Regarding claim 7 , Du in view of Huitema discloses the method of claim 1, wherein the initiating the communication session at the client device includes initiating the communication session at a first client device and a second client device (Du [0055], “communication (session) may be initiated between the device (a first device) and the at least one remote device (a second device) ”). Claim 8 recites a system which corresponds to the function performed by the method of claim 1. As such, the mapping and rejection of claim 1 above is considered applicable to the system of claim 8 . Additionally, Du discloses A system (Du [0021], “system 126”) comprising: a memory (Du [0061], “memory”); and at least one hardware processor coupled to the memory and comprising instructions that causes the system to perform operations (Du [0061]). Claim 9 recites a system which corresponds to the function performed by the method of claim 2. As such, the mapping and rejection of claim 2 above is considered applicable to the system of claim 9 . Claim 10 recites a system which corresponds to the function performed by the method of claim 3. As such, the mapping and rejection of claim 3 above is considered applicable to the system of claim 10 . Claim 12 recites a system which corresponds to the function performed by the method of claim 5. As such, the mapping and rejection of claim 5 above is considered applicable to the system of claim 12 . Claim 14 recites a system which corresponds to the function performed by the method of claim 7. As such, the mapping and rejection of claim 7 above is considered applicable to the system of claim 14 . Claim 15 recites a non-transitory machine-readable storage medium which corresponds to the function performed by the method of claim 1. As such, the mapping and rejection of claim 1 above is considered applicable to the non-transitory machine-readable storage medium of claim 15 . Additionally, Du discloses A non-transitory machine-readable storage medium comprising instructions that, when executed by one or more processors of a machine, cause the machine to perform operations (Du [0061]). Claim 16 recites a non-transitory machine-readable storage medium which corresponds to the function performed by the method of claim 2. As such, the mapping and rejection of claim 2 above is considered applicable to the non-transitory machine-readable storage medium of claim 16 . Claim 17 recites a non-transitory machine-readable storage medium which corresponds to the function performed by the method of claim 3. As such, the mapping and rejection of claim 3 above is considered applicable to the non-transitory machine-readable storage medium of claim 17 . Claim 18 recites a non-transitory machine-readable storage medium which corresponds to the function performed by the method of claim 3. As such, the mapping and rejection of claim 3 above is considered applicable to the non-transitory machine-readable storage medium of claim 18 . Claim 19 recites a non-transitory machine-readable storage medium which corresponds to the function performed by the method of claim 5. As such, the mapping and rejection of claim 5 above is considered applicable to the non-transitory machine-readable storage medium of claim 19 . 07-21-aia AIA Claim s 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Du in view of Huitema and further view of Cuetos et al (US 6754373 B1) and further view of Gillo et al (US 20080214253 A1) . Regarding claim 4 , Du in view of Huitema discloses the method of claim 3, further comprising: detecting a change in the mesh representation of the face of the user (Du [0031], “deforming a 3-D wireframe model … cause the avatar's features to resemble the features of the user's face”); capturing audio data via the microphone (Du [0053], “Microphones 106' and 116' may be configured to then start recording audio from each user.”); Du in view of Huitema does not disclose activating a microphone of the client device in response to the change; capturing audio data via the microphone; transcribing the audio data into a text string; and causing display of a presentation of the text string based on the position of the 3D avatar. However, Cuetos discloses activating a microphone of the client device in response to the change (Cuetos col. 2, l. 30, , “acquiring a current image of a face, updating face parameters when the current image of the face indicates a change from a previous image of the face (a change) … activating a microphone for inputting speech when the visual speech activity has been determined (activating a microphone associated with the client device in response to a change) ”) It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Du further with Cuetos to enable a microphone based on user facial tracking. This would have been done to conserve power by enabling a microphone only when necessary. Du, Huitema and Cuetos do not disclose transcribing the audio data into a text string; and causing display of a presentation of the text string based on the position of the 3D avatar. However, Gillo discloses transcribing the audio data into a text string (Gillo [0077], “user's spoken speech 265 may be translated to text (transcribing audio data into a text string) ”); and causing display of a presentation of the text string based on the position of the 3D avatar (Gillo [0077], “The resulting text may appear on the display 104 as text bubbles 264 proximate the … avatar”). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Du further with Gillo to translate speech to text before presenting the text. This would have been done to enable a textual presentation of words as spoken by users without limiting them. Claim 11 recites a system which corresponds to the function performed by the method of claim 4. As such, the mapping and rejection of claim 4 above is considered applicable to the system of claim 11 . 07-21-aia AIA Claim s 6, 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Du in view of Huitema and further view of Kaleal et al (US 20150037771 A1) . Regarding claim 6 , Du in view of Huitema discloses the method of claim 1, wherein the generating the 3D avatar is based on the image data (Du [0031], “An example of animation for 3-D models includes deforming a 3-D wireframe model, applying a texture mapping, … cause the avatar's features to resemble the features of the user's face.”; [0055], “ A camera in the device may then begin capturing images … image analysis may occur starting with detection/tracking of a face/head in the image” ) and But does not disclose user profile data associated with the client device(Kaleal [0060], “Avatar guidance platform 202 is configured to receive (access a user profile associated with a client device) and process these various inputs 234 about a user's physical state and … various other personal and contextual information … the avatar is configured to function as an intelligent being that has been specifically trained to … respond to a user's … profile information (a user profile) ”; [0035], “an avatar response is determined, the avatar displayed to the user performs the response (causing display of a presentation of the 3D avatar) .”). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Du with Kaleal to access user profile and generate a corresponding 3D avatar. This would have been done to provide a user with an enhanced avatar and thus improving user experience. Claim 13 recites a system which corresponds to the function performed by the method of claim 6. As such, the mapping and rejection of claim 6 above is considered applicable to the system of claim 13 . Claim 20 recites a non-transitory machine-readable storage medium which corresponds to the function performed by the method of claim 6. As such, the mapping and rejection of claim 6 above is considered applicable to the non-transitory machine-readable storage medium of claim 20 . Conclusion See the notice of references cited (PTO-892) for prior art made of record, including art that is not relied upon but considered pertinent to applicant's disclosure. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JITESH PATEL/Primary Examiner, Art Unit 2612 Application/Control Number: 18/970,425 Page 2 Art Unit: 2612 Application/Control Number: 18/970,425 Page 3 Art Unit: 2612 Application/Control Number: 18/970,425 Page 4 Art Unit: 2612 Application/Control Number: 18/970,425 Page 5 Art Unit: 2612 Application/Control Number: 18/970,425 Page 6 Art Unit: 2612 Application/Control Number: 18/970,425 Page 7 Art Unit: 2612 Application/Control Number: 18/970,425 Page 8 Art Unit: 2612 Application/Control Number: 18/970,425 Page 9 Art Unit: 2612 Application/Control Number: 18/970,425 Page 10 Art Unit: 2612 Application/Control Number: 18/970,425 Page 11 Art Unit: 2612 Application/Control Number: 18/970,425 Page 12 Art Unit: 2612 Application/Control Number: 18/970,425 Page 13 Art Unit: 2612 Application/Control Number: 18/970,425 Page 14 Art Unit: 2612 Application/Control Number: 18/970,425 Page 15 Art Unit: 2612 Application/Control Number: 18/970,425 Page 16 Art Unit: 2612 Application/Control Number: 18/970,425 Page 17 Art Unit: 2612 Application/Control Number: 18/970,425 Page 18 Art Unit: 2612 Application/Control Number: 18/970,425 Page 19 Art Unit: 2612 Application/Control Number: 18/970,425 Page 20 Art Unit: 2612 Application/Control Number: 18/970,425 Page 21 Art Unit: 2612 Application/Control Number: 18/970,425 Page 22 Art Unit: 2612
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