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 Rejections - 35 USC § 102
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7, 9, 11, 14-18 are rejected under 35 U.S.C. 102 as being anticipated by Post et al. (U.S. Patent No.: 11,200,742 B1).
In regards to claim 1, Post teaches of a system enabling the telepresence of a remote user (Fig. 1, item 112) on a human avatar (Fig. 1, items 140 and 150), comprising: a head-mounted unit (Fig. 1, item 144) configured to be worn by the human avatar (Fig. 1, item 140).
In regards to claim 2, Post teaches of a first electronic device (Fig. 1, item 130) equipped with at least one display (Fig. 1, item 142), at least one microphone, at least one speaker, at least one camera, a processor, memory, a data storage, and hardware configured to enable the first electronic device (Fig. 1, item 130) to communicate with a second electronic device (Fig. 1, item 110), wherein the first electronic device (Fig. 1, item 130) is attached to, or integrated into, the head-mounted unit (Fig. 1, item 144) and is configured to be positioned in front of the human avatar’s face (Fig. 1, items 140, 150, column 4, lines 1-35);
a second electronic device (Fig. 1, item 110) configured to be operated by the remote user (Fig. 1, item 112), wherein the second electronic device comprises at least one display (Fig. 1, item 114), at least one microphone, at least one speaker, at least one camera, a processor, memory, a data storage, and hardware configured to enable the first electronic device to connect to the Internet (column 4, lines 1-35);
a software application executed on the first electronic device (Fig. 1, item 130) and the second electronic device (Fig. 1, item 110), wherein the software application is configured to enable the second electronic device (Fig. 1, item 110) to transmit data containing a live video-audio feed, via the Internet or a cellular network, to the first electronic device (Fig. 1, item 130) and vice-versa (column 6, lines 40-67).
In regards to claim 3, Post teaches of a third electronic device (Fig. 1, item 132) operated by the human avatar (Fig. 1, item 150), wherein the third electronic device (Fig. 1, items 150, 142, 144) comprises at least one display (Fig. 1, items 142, 144), at least one microphone, at least one speaker, at least one camera, a processor, memory, a data storage (column 4, lines 1-15), hardware configured to enable the third electronic device (Fig. 1, item 132) to connect to the Internet and cellular network, and hardware configured to enable the third electronic device (Fig. 1, item 132) to communicate with the first electronic device (Fig. 1, item 144) via short range wireless communication; and, wherein the software application is executed on the third electronic device (Fig. 1, item 132) enabling the human avatar (Fig. 1, item 150) to control the first electronic device (Fig. 1, item 144, column 8, lines 12-15), and transmit data, via the Internet or the cellular network, between the second electronic device (Fig. 1, item 110) used by the remote user, and the third electronic device (Fig. 1, item 132) used by the human avatar (Fig. 1, item 150), enabling the human avatar (Fig. 1, item 150) and the remote user (Fig. 1, item 112) to communicate with each other by audio or text (column 3, lines 9-15).
In regards to claim 4, POST teaches that the software application executed on the second electronic device (Fig. 2, item 240) configured to be used by the remote user (Fig. 2, item 240) includes a “whisper” element enabling the remote user (Fig. 2, item 240) to speak into the microphone to transmit a first audio message to only the third electronic device (Fig. 2, item 250), wherein the human avatar (Fig. 2, item 254) is configured to receive the first audio message through earphones worn by the human avatar (Fig. 2, item 254); and, wherein the software application executed on the third electronic device (Fig. 2, item 250) configured to be operated by the human avatar also includes a “whisper” element enabling the human avatar (Fig. 2, item 250) to speak into the microphone of the third electronic device (Fig. 2, item 250) to transmit a second audio message to the second electronic device (Fig. 2, item 240) operated by the remote user (Fig. 2, item 240) and played back to the remote user through speakers or headphones worn by the remote user or displayed as text on the display (paragraph 30).
In regards to claim 5, POST teaches that the software application executed on the second electronic device (Fig. 2, item 240) configured to be used by the remote user (Fig. 2, item 240) includes a “whisper” element enabling the remote user (Fig. 2, item 240) to send a first text message, by speaking into the microphone or typing, to only the third electronic device (Fig. 2, item 250), wherein the human avatar (Fig. 2, item 254) is configured to receive the first text message on the third electronic device (Fig. 2, item 240); and, wherein the software application executed on the third electronic device (Fig. 2, item 240) configured to be operated by the human avatar (Fig. 2, item 250) also includes a “whisper” element enabling the human avatar (Fig. 2, item 250) to send a second text message, by speaking into the microphone or typing, back to the second electronic device operated by the remote user and played back to the remote user (Fig. 2, item 240) through speakers or headphones worn by the remote user or displayed as text on the display.
In regards to claim 6, POST teaches that the first electronic device (Fig. 2, item 212) attached to, or integrated into, the head-mounted unit and the third electronic device (Fig. 2, item 250) configured to be used by the human avatar (Fig. 2, item 254) are logically paired to communicate with each other by the third electronic device (Fig. 2, item 250) by the human avatar (Fig. 2, item 254) signing into each device with their specific system user credentials (paragraph 0).
In regards to claim 7, POST teaches that the head-mounted unit (Fig. 1, item 144) is a vehicle helmet which protects the human avatar (Fig. 1, item 150) during transit, and the first electronic device (Fig. 1) attached to, or integrated into, the head-mounted unit (Fig. 1, item 144) is connected to a swivel mechanism mounted on both sides of the head-mounted unit, enabling the first electronic device (Fig. 1, item 140) to move between a first position in front of the human avatar’s face (Fig. 1, item 142) and a second position above the human avatar’s head (Fig. 1, item 144).
In regards to claim 9, POST teaches that the first electronic device (Fig. 1, item 140) attached to, or integrated into, the head-mounted unit (Fig. 1, item 144) displays video of the remote user (Fig. 1, item 140) and video of the local user simultaneously on the at least one display (Fig. 142, 144).
In regards to claim 11, POST teaches that there is at least one camera on the head-mounted unit (Fig. 1, item 144) or first electronic device, that transmits data in the form of video to personal video viewing glasses worn by the human avatar (Fig. 1, item 150) to enable the human avatar to have pass-through vision to view their surroundings (paragraph 48).
In regards to claim 14, POST teaches of at least one display of the first electronic device (Fig. 1, item 140) is a plurality of displays (Fig. 1, item 142, 144), with each display positioned on a different location on the head-mounted unit (Fig. 1, item 144), and the second electronic device (Fig. 1, item 110) configured to be used by the remote user (Fig. 1, item 110) is configured to produce a 3D face model of the remote user (Fig, 1, item 110) and transmit data containing the 3D face model to the first electronic device, and the software application executed on the first electronic device is configured to use the 3D face model to display portions of the remote user’s face (Fig. 1, item 110) on the plurality of displays of the first electronic device to provide a realistic 3D video image of the remote user’s face to the local user (Fig. 1, item 140, paragraph 44).
In regards to claim 15, Post teaches that the at least one display of the first electronic device is a shape with a rear-projection film applied (Fig. 1, item 144), wherein the at least one display is attached to, or integrated into, the head-mounted unit (Fig. 1, item 144) and positioned in front of the human avatar’s face (Fig. 1, item 144), and the second electronic device (Fig. 1, item 114) configured to create a 3D face model of the remote user (Fig. 1, item 112) and transmit data containing the 3D face model to the first electronic device (Fig. 1, item 144), and the first electronic device configured to transmit data to a short-throw projector positioned inside the head-mounted unit (Fig. 1, item 144), and the short-throw projector configured to transmit light to the at least one display to display a video image of the remote user (Fig. 1, item 112) on the at least one display for viewing by the local user (Fig. 1, item 140), and the first electronic device (Fig. 1, item 144) configured to use the 3D face model to make adjustments of the video image based on the shape of the at least one display to provide an accurate appearance of the remote user’s face (Fig. 1, item 112) to the local user (Fig. 1, item 140), and wherein the at least one display is tinted such that the local user (Fig. 1, item 140) is not able to see the face of the human avatar (Fig. 1, item 150, column 6, lines 40-65).
In regards to claim 16, Post teaches of one or more cameras are mounted on the head-mounted unit or the first electronic device and are configured to monitor and transmit the position of the local user’s eyes to the first electronic device (Fig. 1, item 144), wherein the first electronic device using the 3D face model renders an accurate video image of the remote user’s face (Fig. 1, item 112) at a vantage point of the local user and produces the video image on the at least one display using the short-throw projector to create the video image on the at least one display with the rear-projection film applied (Fig. 1, item 150, column 6, lines 40-65).
In regards to claim 17, Post teaches that the 3D face model is an alternate 3D face model of a face different than that of the remote user, including another human face or a cartoon face (column 6, lines 40-65).
In regards to claim 18, POST teaches that the 3D face model is stored locally on the memory of the first electronic device and vector coordinates of facial movements of the remote user are captured by the second electronic device and transmitted to the first electronic device and are used by the first electronic device with the locally stored 3D face model to modify the video image of the remote user to be displayed to the local user (column 4, lines 13-30).
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) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Post et al. (U.S. Patent No.: 11,200,742 B1) in view of Blackburn (U.S. Publication No.: 2019/0318319 A1).
In regards to claim 21, POST fails to teach of a system enabling a digital marketplace for human avatars, comprising:
a web server with attached data storage, connected to the internet;
a mobile application configured to connect a human avatar and a remote user to the web server through a mobile electronic device;
the mobile application able to detect the location of the human avatar through the GPS capability of the mobile electronic device of the human avatar;
the mobile application able to display the location of the human avatar to other users on the mobile application;
the mobile application further able to display a rating, a photo, a price and an alias for the human avatar, as well as a travel time for the human avatar to reach the current location of the remote user wishing to hire a human avatar;
the mobile application enabling the remote user to book the human avatar for an assignment; and
the mobile application enabling the remote user to join a videoconference with a local user, and the videoconference being facilitated by a head-mounted unit configured to be worn by the human avatar.
Blackburn teaches of the concept of having a system enabling a digital marketplace for human avatars, comprising:
a web server with attached data storage, connected to the internet;
a mobile application configured to connect a human avatar and a remote user to the web server through a mobile electronic device;
the mobile application able to detect the location of the human avatar through the GPS capability of the mobile electronic device of the human avatar;
the mobile application able to display the location of the human avatar to other users on the mobile application;
the mobile application further able to display a rating, a photo, a price and an alias for the human avatar, as well as a travel time for the human avatar to reach the current location of the remote user wishing to hire a human avatar;
the mobile application enabling the remote user to book the human avatar for an assignment; and
the mobile application enabling the remote user to join a videoconference with a local user, and the videoconference being facilitated by a head-mounted unit configured to be worn by the human avatar (Fig. 1).
It would have been obvious to one with ordinary skills in the art to incorporate the marketplace application of Blackburn within the device of Post in order to enables users to easily vet and select hired help.
Claim(s) 8, 10, 13, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Post et al. (U.S. Patent No.: 11,200,742 B1) in view of Kubu et al. (U.S. Publication No.: 20240389256 A1).
In regards to claim 8, POST fails to explicitly teach of a portion of the head-mounted unit is made of a darkly-tinted, two-way transparent mirrored material through which the human avatar can see and the local user cannot.
Kubo teaches of the concept of having a portion of the head-mounted unit is made of a darkly-tinted, two-way transparent mirrored material through which the human avatar can see and the local user cannot (section [0827]]).
It would have been obvious to one with ordinary skills in the art to utilize the concept of having two-way transparent mirrored materials as shown by Kubo with the head-mount display unit of Post, in order to allow remote workers to selectively show materials as they deem relevant.
In regards to claim 10, POST fails to explicitly teaches of at least one display of the first electronic device is a curved screen.
Kubu teaches of the concept that at least one display of the first electronic device is a curved screen.
It would have been obvious to one with ordinary skills in the art to have the display of Post be curved as shown in Kubu so that the display easier fits the user’s head as intended.
In regards to claim 13, POST fails to explicitly teach that the first electronic device attached to, or integrated into, the head-mounted unit has two displays, a first display above and a second display below a horizontally-oriented two-way mirror strip through which the human avatar can see in front of themselves without their eyes being seen by the local user.
Kubo teaches of the concept that the first electronic device attached to, or integrated into, the head-mounted unit has two displays, a first display above and a second display below a horizontally-oriented two-way mirror strip through which the human avatar can see in front of themselves without their eyes being seen by the local user (section [1101]).
It would have been obvious to one with ordinary skills in the art to have the displays of Post utilize the two way mirror as demonstrated by Kubo to better cater the user experience so that the remote worker can selectively display relevant materials.
In regards to claim 19, POST teaches that the display of the first electronic device (Fig. 1, item 144) is a transparent electronic screen capable of displaying a video image of a remote user (Fig. 1, item 112) using a technology.
Post fails to explicitly teach that the display technology is not limited to transparent OLED and transparent microLED.
Kubo teaches that the display technology is not limited to transparent OLED and transparent microLED (section [1122]).
It would have been obvious to one with ordinary skills in the art to have the display of Post be OLED as taught by Kubo because it’s a well known reliable display.
Claim(s) 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Post et al. (U.S. Patent No.: 11,200,742 B1) in view of Poltorak (U.S. Publication No.: 2017/0221484 A1).
In regards to claim 12, POST fails to explicitly teaches of at least one display of the first electronic device is attached to, or integrated into, a bottom portion of a front visor on the head-mounted unit and oriented to face downwards, and the video image on the at least one display reflects off of a two-way mirror attached to the head-mounted unit and extending downwards in front of the human avatar’s face and oriented at an angle to reflect the video image into an eyeline of the local user.
Poltorak teaches of the concept of teaches of at least one display of the first electronic device is attached to, or integrated into, a bottom portion of a front visor on the head-mounted unit and oriented to face downwards, and the video image on the at least one display reflects off of a two-way mirror attached to the head-mounted unit and extending downwards in front of the human avatar’s face and oriented at an angle to reflect the video image into an eyeline of the local user. (Fig. 1).
It would have been obvious to one with ordinary skills in the art to have the display unit of Post utilize a robot as taught by Poltorak in order to better enable virtual users to have a more human like experience.
In regards to claim 20, POST fails to explicitly teach that the head-mounted unit with the attached or integrated first electronic device is configured to be docked on a robotic upper body and serve as the robotic head of the robotic upper body, and the head-mounted unit able to connect to an electronic controller integrated into the robotic upper body for the transmission of data as well as power to charge the head-mounted unit, and the robotic upper body having a stepper motor which receives data and power from said electronic controller, and said stepper motor able to move the robotic head of the robotic upper body according to data received from the electronic controller based on data received from the head-mounted unit.
Poltorak teaches that the head-mounted unit with the attached or integrated first electronic device is configured to be docked on a robotic upper body and serve as the robotic head of the robotic upper body, and the head-mounted unit able to connect to an electronic controller integrated into the robotic upper body for the transmission of data as well as power to charge the head-mounted unit, and the robotic upper body having a stepper motor which receives data and power from said electronic controller, and said stepper motor able to move the robotic head of the robotic upper body according to data received from the electronic controller based on data received from the head-mounted unit (Fig. 1).
It would have been obvious to one with ordinary skills in the art to have the display unit of Post utilize a robot as taught by Poltorak in order to better enable virtual users to have a more human like experience.
Conclusion
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/TAMMY GODDARD/Supervisory Patent Examiner, Art Unit 2611
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