DETAILED ACTION
Responsive to the Applicant reply filed on 08/13/2026, Applicant' s amendments to claims have been entered and respective arguments carefully considered and responded in following:
On this Office Action, claims 1-15, consisting of independent claims 1, 8, and 15.
Claims 1-15 are pending.
Claims 1-15 are rejected under the 35 USC § 103.
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 .
Response to Amendment
The amendment filed 08/13/2026 has been entered.
Claims 1, 6, 8, 13 and 15 have been amended.
Examiner’s note
Claim 15 recites “a computer readable storage medium.” Upon review of the specification, as reproduced below, the storage medium is construed as “non-transitory computer readable storage medium.”
[0139] A computer-readable storage medium may be provided in the form of a non-transitory storage medium. In this regard, the term ‘non-transitory’ only means that the storage medium does not include a signal and is a tangible device, and the term does not differentiate between where data is semi-permanently stored in the storage medium and where the data is temporarily stored in the storage medium. For example, the ‘non-transitory storage medium’ may include a buffer in which data is temporarily stored.
Response to Arguments
Applicant's arguments filed 08/13/2026 have been fully considered but they are not persuasive.
In response to the Applicant arguments reproduced below:
“Even assuming, arguendo, that Choi's characteristic information corresponds to user context information, Choi fails to disclose or suggest making a separate determination for each characteristic about whether to reflect said characteristic in the avatar or not. Therefore, while the avatar masking in Choi is all or nothing, claim 1 recites ‘set a privacy mode by determining . . whether to publicly disclose each piece of the obtained user context information.’”
The argued limitation recites:
“obtain user context information to be applied to an avatar from among pieces of user context information obtained via the at least one sensor, the camera, or one or more applications.”
Given the broadest reasonable interpretation, the limitation does not require an “all or nothing” determination as argued by Applicant. Choi discloses an object extractor that extracts, for example, a first object and a second object from an image received from an image capturing device, and an object analyzer that extracts characteristic information about the first object and the second object (See paragraph [0081]). Choi further determines whether the extracted object is a masking target based on at least one of a setting value and the characteristic information (See the operation 1230 in paragraph [0121]), and perform masking such that the characteristic information about the object determined as the masking target among objects in the image is reflected in the masking object (See the operation 1240 in paragraph [0121]). Thus, Choi determines whether an extracted object is subjected to masking based on its masking with respect to the object determined as the masking target, rather than applying masking to all objects on an all or nothing basis (See the avatar 310 in Figure 11). Accordingly, Choi discloses extracting respective characteristic information from multiple objects, and Applicant’s argument is unpersuasive.
In response to the Applicant’s arguments reproduced below:
“Choi also makes no mention of additional applications, therefore, it cannot be said to disclose ‘setting a privacy mode by determining, for each of the one or more applications, whether to publicly disclose each piece of the obtained user context information.’”
The argued limitation recites:
“set a privacy mode by determining, for each of the one or more applications, whether to publicly disclose each piece of the obtained user context information.”
Under the broadest reasonable interpretation, the recitation of “one or more applications” encompasses a single application and therefore does not require a plurality of applications as asserted by Applicant. Moreover, Choi expressly states that singular terms such “a,” “an” and “the” are intended to include the plural forms unless the context clearly indicates otherwise (See Choi, paragraph [0029]), and further discloses various numbers of software and/or firmware structures (See Choi, paragraph [0127]). Therefore, the argument is unpersuasive.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 20230360297 A1, hereinafter “Choi”) in view of Nelson et al. (US 20220168644 A1, hereinafter “Nelson”).
Regarding independent claim 1, (Currently Amended) Choi discloses an electronic device for providing an avatar, the electronic device comprising (Choi: [0120] FIG. 12 is a flowchart illustrating an image masking method according to an embodiment. Detailed description of the image masking method according to this embodiment corresponds to the detailed descriptions about the monitoring device 1 of FIGS. 1 to 11):
a camera (Choi: [0012] According to an exemplary embodiment, there is provided monitoring device including an input/output interface configured to receive an image captured by a camera);
at least one processor, comprising processing circuitry; and memory storing one or more instructions that, when executed by the at least one processor individually or collectively, cause the electronic device to (Choi: [0126-0127] Examples of the computer readable recoding medium include a read-only memory (ROM), a random access memory (RAM). at least one of these components may include or may be implemented by a processor such as a central processing unit (CPU) that performs the respective functions):
obtain user context information to be applied to an avatar from among pieces of user context information obtained via the at least one sensor, the camera, or one or more applications (Choi: [0121] In operation 1210, an object is extracted from an input image. In operation 1220, characteristic information about the extracted object is obtained by analyzing the extracted object (“obtain user context information”); [0124] in the performing the masking, the masking is performed with respect to the object determined as the masking target using a masking object such as an avatar (“context information to be applied to an avatar”); [0012] According to an exemplary embodiment, there is provided monitoring device including an input/output interface configured to receive an image captured by a camera, and at least one processor. The at least one processor may include: an object extractor configured to extract an object from the image),
set a privacy mode by determining, for each of the one or more applications, whether to publicly disclose each piece of the obtained user context information (Choi: [0121] In operation 1230, it is determined whether the extracted object is a masking target according to at least one of a setting value and the characteristic information (“set a privacy mode”); [0069] the user may set the sensitivity to a region where privacy is to be protected to be high, and the object having even a slight motion may be designated as a masking target; [0127] At least one of the components, elements, modules or units (collectively “components” in this paragraph) represented by a block in the drawings such as FIG. 2 may be embodied as various numbers of hardware, software and/or firmware structures (“for each of the one or more applications”) that execute respective functions described above, according to an exemplary embodiment),
obtain an updated avatar based on the privacy mode (Choi: [0121] In operation 1240, masking is performed such that the characteristic information about the object is reflected to the object determined as the masking target among objects in the image (“an updated avatar based on the set privacy mode”)), and
provide the updated avatar via an application among the one or more applications being executed (Choi: [0121] In operation 1240, masking is performed such that the characteristic information about the object is reflected to the object determined as the masking target among objects in the image; [0124] the masking object may be changed according to a change in characteristic information about the object (“provide updated the avatar”)).
However, Choi does not discloses, Nelson, in a same field of endeavor, teaches the electronic device comprising,
at least one sensor (Nelson: [0075] The live video of a spectator may be captured using various image capturing devices, such as image sensors).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified the elements disclosed by Choi with the teachings of Nelson to include at least one sensor . One of ordinary skill in the art would have been motivated to make this modification because the live video of a spectator is used to identify the facial features from which potential expressions of the spectator may be deduced (para. 0075).
Regarding claim 2, (Original) the combination of Choi and Nelson teaches all elements of the current invention as stated above. Choi discloses the electronic device of claim 1, wherein the one or more instructions are further configured to, when executed by the at least one processor individually or collectively, cause the electronic device to:
register the user context information as avatar management context information for each of the one or more applications (Choi: [0096] The object processor 70 may generate an avatar 210 in which color information of ‘face: yellow, hair: black, top: black, bottom: black’ of the first object 200 is reflected).
Regarding claim 3, (Original) the combination of Choi and Nelson teaches all elements of the current invention as stated above. Choi discloses the electronic device of claim 1, further comprising:
a user input interface configured to receive a user input for determining whether to publicly disclose or keep private each piece of the user context information for each of the one or more applications, wherein the one or more instructions are further configured to, when executed by the at least one processor individually or collectively, cause the electronic device to (Choi: [0058-0059] the object determiner 60 may select a specific object as the masking target from the extracted objects according to the characteristic information acquired by the object analyzer 50 and a setting value input to the monitoring device 2. The setting value may be a pre-input value or a value input by a user through the user interface 90. The setting value may be a value for characteristic information (color, shape, motion, position, size, and/or identity); [0085] The object analyzer 50 may acquire a region where the first object 200 is positioned as position information. In the embodiment, the background of the image 100 is divided into a public space 110 corresponding to a waiting room and a private space 120 corresponding to a care room in the hospital):
determine a public context from the obtained user context information based on the user input received via the user input interface (Choi: [0059] The setting value may be a pre-input value or a value input by a user through the user interface 90. The setting value may be a value for characteristic information (color, shape, motion, position, size, and/or identity)).
Regarding claim 4, (Original) the combination of Choi and Nelson teaches all elements of the current invention as stated above. Choi discloses the electronic device of claim 1, wherein the one or more instructions are further configured to, when executed by the at least one processor individually or collectively, cause the electronic device to:
obtain, for each of the one or more applications, preset information including information about whether the user context information applied to the avatar is public or private (Choi: [0059] The setting value may be a pre-input value or a value input by a user through the user interface 90. The setting value may be a value for characteristic information (color, shape, motion, position, size, and/or identity). The setting value may be a value specifying a specific region in the screen; [0093] In a place such as a hospital divided into a private space where privacy is to be protected and a public space where the privacy is not protected, masking is not applied to the public space to enhance a monitoring function, and the masking is applied to the private space to enhance a privacy protection function), and
determine a public context from the obtained user context information based on the obtained preset information (Choi: [0059] The setting value may be a pre-input value or a value input by a user through the user interface 90. The setting value may be a value for characteristic information (color, shape, motion, position, size, and/or identity)).
Regarding claim 5, (Original) the combination of Choi and Nelson teaches all elements of the current invention as stated above. Choi discloses the electronic device of claim 1, wherein the one or more instructions are further configured to, when executed by the at least one processor individually or collectively, cause the electronic device to:
change at least one of an appearance, a size, a posture, and a location of the avatar by using pieces of the user context information determined as a public context according to the privacy mode (Choi: [0093] In a place such as a hospital divided into a private space where privacy is to be protected and a public space where the privacy is not protected, masking is not applied to the public space to enhance a monitoring function, and the masking is applied to the private space to enhance a privacy protection function; [0096] The object processor 70 may generate an avatar 210 in which color information of ‘face: yellow, hair: black, top: black, bottom: black’ of the first object 200 is reflected. In addition, the avatar 210 changed according to a change in the motion of the first object 200 may be generated by reflecting motion information about the first object 200).
Regarding claim 6, (Currently Amended) the combination of Choi and Nelson teaches all elements of the current invention as stated above. Choi discloses the electronic device of claim 1, wherein the one or more instructions are further configured to, when executed by the at least one processor individually or collectively, cause the electronic device to:
identify, from among pieces of the user context information determined as a public context according to the privacy mode, changed user context information that is changed by at least one of information obtained from the one or more applications (Choi: [0121] In operation 1230, it is determined whether the extracted object is a masking target according to at least one of a setting value and the characteristic information; [0085] The object analyzer 50 (“one or more applications”) may acquire a region where the first object 200 is positioned as position information. In the embodiment, the background of the image 100 is divided into a public space 110 corresponding to a waiting room and a private space 120 corresponding to a care room in the hospital (“Identify changed user context information from a public context according to the privacy mode”, See [0093]); [0127] At least one of the components, elements, modules or units (collectively “components” in this paragraph) represented by a block in the drawings such as FIG. 2 may be embodied as various numbers of hardware, software and/or firmware structures (“the one or more applications”, See paragraph [0032] regarding ‘a component for capturing an image’ or [0039] regarding ‘I/O interface 10 may including any one or any combination of a digital modem, a radio frequency (RF) modem, a WiFi chip, and related software and/or firmware’) that execute respective functions described above, according to an exemplary embodiment), and
update the avatar by using the changed user context information (Choi: [0121] In operation 1240, masking is performed such that the characteristic information about the object is reflected to the object determined as the masking target among objects in the image).
Regarding claim 7, (Original) the combination of Choi and Nelson teaches all elements of the current invention as stated above. Choi discloses the electronic device of claim 1, further comprising a display,
wherein the one or more instructions are further configured to, when executed by the at least one processor individually or collectively, cause the electronic device to:
based on to the application being executed, provide data of the updated avatar to the application being executed (Choi: [0121] In operation 1240, masking is performed such that the characteristic information about the object is reflected to the object determined as the masking target among objects in the image), and
display, on the display, the updated avatar via the application being executed (Choi: [0096] The object processor 70 may generate an avatar 210 in which color information of ‘face: yellow, hair: black, top: black, bottom: black’ of the first object 200 is reflected. In addition, the avatar 210 changed according to a change in the motion of the first object 200 may be generated by reflecting motion information about the first object 200).
Regarding independent claims 8 and 15, (Currently Amended) they are a method and a non-transitory readable storage medium having a plurality of computer executable instructions that respectively corresponds to claim 1. Therefore, the claims are rejected for at least the same reasons as a system of claim 1.
Regarding claim 9, (Original) it is a method claim that corresponds to claim 2. Therefore, the claim is rejected for at least the same reasons as the an electronic device of claim .
Regarding claim 10, (Currently Amended) it is a method claim that corresponds to claim 3. Therefore, the claim is rejected for at least the same reasons as the an electronic device of claim 3.
Regarding claim 11, (Original) it is a method claim that corresponds to claim 4. Therefore, the claim is rejected for at least the same reasons as the an electronic device of claim 4.
Regarding claim 12, (Original) it is a method claim that corresponds to claim 5. Therefore, the claim is rejected for at least the same reasons as the an electronic device of claim 5.
Regarding claim 13, (Currently Amended) it is a method claim that corresponds to claim 6. Therefore, the claim is rejected for at least the same reasons as the an electronic device of claim 6.
Regarding claim 14, (Original) it is a method claim that corresponds to claim 7. Therefore, the claim is rejected for at least the same reasons as the an electronic device of claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Abbas (US 20170080346 A1): [0163] the privacy component 3004 may limit display of the mini-feed to only users of the SOCNET. In various embodiments, the privacy component 3004 may limit display of selected biometric items according to a privacy profile stored in the profile database 2902 for the subject user. Alternatively, the privacy component 3004 may limit the mini-feed display to selected users according to the privacy profile stored in the profile database 2902 for the subject user. In some embodiments, the privacy component may filter the activities available for display according to a privacy profile. The privacy component 3004 may limit display of the mini-feed according to default privacy settings. Other components and/or modules may also limit the display.
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW SUH whose telephone number is (571)270-5524. The examiner can normally be reached 9:00 AM- 5:00 PM.
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, Carl Colin can be reached at (571) 272-3862. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SUH/Primary Examiner, Art Unit 2493
