DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statements (IDSs) submitted on 12/18/2024, 03/25/2026 and 06/09/2026 ware in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
3. 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.
4. Claims 1-7 and 13-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 13-14 of U.S. Patent No. 12212705.
Although the claims at issue are not identical, they are not patentably distinct from each other because the assignee of all applications of all applications is the same. Claims of the instant application are anticipated by patent claims in those claims of the patent contain all the limitations of claims of the instant application.
For example:
Claims of instant application:
1. A method for controlling a sending side of an augmented call based on a gaze detected on a receiving side of the augmented call, the method comprising:
establishing a communication channel between a sending system associated with a sending call participant and a receiving system associated with a receiving call participant;
receiving, over the communication channel, an indication that the gaze of the receiving call participant is not focused on a representation of the sending call participant;
selecting a moderated manner for capturing or generating user representation data representing the sending call participant based on the indication that the gaze is not focused on the representation of the sending call participant; capturing or generating, according to the selected moderated manner, the user representation data representing the sending call participant; and transmitting the user representation data representing the sending call participant to the receiving system, wherein the receiving system, in response to receiving the user representation data representing the sending call participant, displays a moderated representation of the sending call participant.
2. The method of claim 1, wherein the selected moderated manner specifies a second quality different from a first quality specified when the gaze of the receiving call participant is focused on the representation of the sending call participant; and wherein the user representation data generated with the second quality requires one or both of: i) less bandwidth to transmit than user representation data generated with the first quality or ii) less computing resources to create or render than user representation data generated with the first quality.
3. The method of claim 1, wherein the selected moderated manner includes at least one of reducing a frame rate, two-dimensional rendering, reducing a resolution, dimming, desaturating, pausing capture, foveating, blurring, selecting an alternate image capture device, or any combination thereof.
4. The method of claim 1, wherein the indication is a first indication and wherein the method further comprises: receiving a second indication specifying that the representation of the sending call participant is outside of a field-of-view of the receiving call participant; and in response to the second indication, pausing capture or generation of the user representation data.
5. The method of claim 1, wherein the receiving system is a first receiving system, the receiving call participant is a first receiving call participant, and the user representation data is first user representation data: wherein the establishing the communication channel includes establishing one or more communication channels between the sending system and a second receiving system associated with a second receiving call participant; wherein the method further includes receiving, over the one or more communication channels, an indicator that a gaze of the second receiving call participant is focused on the representation of the sending call participant; and wherein the sending system, in response to the indicator, transmits second user representation data generated without the moderated manner.
6. The method of claim 1, wherein the moderated manner includes pausing execution of a machine learning model used to capture the user representation data.
7. A computer-readable storage medium storing instructions, for adapting an augmented call based on a gaze detected on a receiving side of the augmented call, the instructions, when executed by a computing system, cause the computing system to: establish a communication channel between a sending system associated with a sending call participant and a receiving system associated with a receiving call participant; track, by the receiving system, a gaze of a receiving call participant; send, over the communication channel, an indication that the gaze of the receiving call participant is not focused on a representation of the sending call participant; receive, by the receiving system, user representation data representing the sending call participant, wherein the user representation data was generated by the sending system based on a selected moderated manner for capturing user representation data, selected based on the gaze of the receiving call participant not being focused on the representation of the sending call participant; and display, using the user representation data that was generated based on the selected moderated manner for capturing or user representation data, a representation of the sending call participant.
13. The computer-readable storage medium of claim 7, wherein the moderated manner includes pausing execution of a machine learning model used to capture the user representation data.
14. A computing system, for adapting an augmented call based on a gaze detected on a receiving side of the augmented call, the computing system comprising: one or more processors; and one or more memories storing instructions that, when executed by the one or more processors, cause the computing system to: establish a communication channel between a sending system associated with a sending call participant and a receiving system associated with a receiving call participant; track, by the receiving system, a gaze of a receiving call participant; send, over the communication channel, an indication that the gaze of the receiving call participant is not focused on a representation of the sending call participant; receive, by the receiving system, user representation data representing the sending call participant, wherein the user representation data was generated by the sending system based on a selected moderated manner for capturing user representation data, selected based on the gaze of the receiving call participant not being focused on the representation of the sending call participant; and display, using the user representation data that was generated based on the selected moderated manner for capturing or user representation data, a representation of the sending call participant.
Claims of U.S. Patent No. 12212705:
1. A method for controlling a sending side of an augmented call based on a gaze detected on a receiving side of the augmented call, the method comprising:
establishing a communication channel between a sending system associated with a sending call participant and a receiving system associated with a receiving call participant;
obtaining a hologram representing the receiving call participant; displaying the hologram representing the receiving call participant on the sending system at a world-locked location established for the receiving call participant;
receiving, over the communication channel, an indication that the gaze of the receiving call participant is not focused on a representation of the sending call participant;
selecting a moderated manner for capturing or generating hologram data representing the sending call participant based on the indication that the gaze is not focused on the representation of the sending call participant;
capturing or generating, according to the selected moderated manner, the hologram data representing the sending call participant; and transmitting the hologram data representing the sending call participant to the receiving system, wherein the receiving system, in response to receiving the hologram data representing the sending call participant, displays a moderated representation of the sending call participant.
2. The method of claim 1, wherein the selected moderated manner specifies a second quality different from a first quality specified when the gaze of the receiving call participant is focused on the representation of the sending call participant, and wherein the hologram data generated with the second quality requires one or both of less bandwidth to transmit or less computing resources to create or render than hologram data generated with the first quality.
3. The method of claim 1, wherein the selected moderated manner includes at least one of reducing a frame rate, two-dimensional rendering, reducing a resolution, dimming, desaturating, pausing capture, foveating, blurring, selecting a lower power capture device, or any combination thereof.
4. The method of claim 1, wherein the indication is a first indication and wherein the method further comprises: receiving a second indication specifying that the representation of the sending call participant is outside of a field-of-view of the receiving call participant, and in response to the second indication, pausing capture or generation of the hologram data.
5. The method of claim 1, wherein the receiving system is a first receiving system, the receiving call participant is a first receiving call participant, and the hologram data is first hologram data: wherein the establishing the communication channel includes establishing the communication channel between the sending system, the first receiving system, and a second receiving system associated with a second receiving call participant, wherein the method further includes receiving, over the communication channel, an indicator that the gaze of the second receiving call participant is focused on the representation of the sending call participant, and wherein the sending system, in response to the indicator, transmits second hologram data generated without the moderated manner.
6. The method of claim 1, wherein the moderated manner includes pausing execution of a machine learning model used to capture the hologram data.
7. A non-transitory computer-readable storage medium storing instructions that, when executed by a computing system, cause the computing system to perform a process for controlling a sending side of an augmented call based on a gaze detected on a receiving side of the augmented call, the process comprising: establishing a communication channel between a sending system associated with a sending call participant and a receiving system associated with a receiving call participant; receiving, over the communication channel, an indication that the gaze of the receiving call participant is not focused on a representation of the sending call participant; selecting a moderated manner for capturing or generating hologram data representing the sending call participant based on the indication that the gaze is not focused on the representation of the sending call participant; capturing or generating, according to the selected moderated manner, the hologram data representing the sending call participant; and transmitting the hologram data representing the sending call participant to the receiving system, wherein the receiving system, in response to receiving the hologram data representing the sending call participant, displays a moderated representation of the sending call participant.
13. The non-transitory computer-readable storage medium of claim 7, wherein the moderated manner includes pausing execution of a machine learning model used to capture the hologram data.
14. A computing system for controlling a sending side of an augmented call based on a gaze detected on a receiving side of the augmented call, the computing system comprising: one or more processors; and one or more memories storing instructions that, when executed by the one or more processors, cause the computing system to perform a process comprising: establishing a communication channel between a sending system associated with a sending call participant and a receiving system associated with a receiving call participant; receiving, over the communication channel, an indication that the gaze of the receiving call participant is not focused on a representation of the sending call participant; selecting a moderated manner for capturing or generating hologram data representing the sending call participant based on the indication that the gaze is not focused on the representation of the sending call participant; capturing or generating, according to the selected moderated manner, the hologram data representing the sending call participant; and transmitting the hologram data representing the sending call participant to the receiving system, wherein the receiving system, in response to receiving the hologram data representing the sending call participant, displays a moderated representation of the sending call participant.
Claims of the instant application therefore are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting. To the extent that the instant claims are broaden and therefore generic to the claimed invention of U.S. Patent No. 12212705, in re Goodman 29 USPQ 2d 2010 CAFC 1993, states that a generic claim cannot be issued without a terminal disclaimer, if a species claim has been previously been claimed in a co-pending application.
Claim Rejections - 35 USC § 101
5. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
6. Claims 7-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Regarding claim 7:
In claim 7, a "computer-readable storage medium" is being recited; the broadest reasonable interpretation of a claim drawn to a computer readable storage medium typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable storage media. Therefore, a transitory computer readable storage medium would reasonably be interpreted by one of ordinary skill in the art as signal, per se. Thus, this subject matter "computer-readable storage medium" is not limited to that which falls within a statutory category of invention because it is limited to a process, machine, manufacture, or a composition of matter. Signal per se is a function descriptive material and a function descriptive material is non-statutory subject matter.
Regarding claims 8-13:
In claims 8-13, a "computer-readable storage medium" is being recited; the broadest reasonable interpretation of a claim drawn to a computer readable storage medium typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable storage media. Therefore, a transitory computer readable storage medium would reasonably be interpreted by one of ordinary skill in the art as signal, per se. Thus, this subject matter "computer-readable storage medium" is not limited to that which falls within a statutory category of invention because it is limited to a process, machine, manufacture, or a composition of matter. Signal per se is a function descriptive material and a function descriptive material is non-statutory subject matter.
Allowable Subject Matter
7. Claims 1-20 would be allowable if rewritten to overcome the above 35 USC 101 rejection and nonstatutory double patenting rejection.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Diao et al. (US 9369667) disclose a method for virtual conferencing and more particularly to virtual conferencing capable of conveying gaze information.
Cabral et al. (US 11302063) disclose a method of communication pipeline between multiple devices for implementing three-dimensional (“3D”) conversations.
HARO et al. (US 20230146178) disclose a method for generating and applying audio adjustments at compute devices associated with a virtual environment, based on detected attention(s) of participants within the virtual environment.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR A TIMORY whose telephone number is (571)270-1674. The examiner can normally be reached Mon-Fri 7:00 AM-3:00 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, Hannah S Wang can be reached at 571-272-9018. 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.
/KABIR A TIMORY/Primary Examiner, Art Unit 2631
Prosecution Insights