DETAILED ACTION
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 § 101
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.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 1 is directed to a method for adjusting an avatar comprising the steps of: generating, receiving, executing and adjusting which are nothing more than software instructions. Software instructions are non-statutory under 35 U.S.C. 101.
Claims 2-15 depend on claim and comprise further steps, for example claim 6 comprises the steps of receiving, evaluating and adjusting, therefore claims 2-15 have the same problem as claim 1 and are rejected under the same rationale.
Allowable Subject Matter
Claims 16-21 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 16 (claim 21 is similar in scope), the prior art doesn’t teach:
execute a machine learning model trained to select one or more of the visual characteristics and the movement capabilities of the avatar to adjust based on available computational resources and computational costs to utilize the available computational resources; and
adjust the one or more of the visual characteristics and the movement capabilities of the avatar outputted by the machine learning model in response to the request.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HAMILTON II (US2016/0162009A1) discloses a system and method for energy conservation in a virtual universe, the method comprising: determining, at a server, available energy conservation options associated with an avatar of the virtual universe; determining, at the server, selected energy conservation options of the available energy conservation options; and applying, at the server, the selected energy conservation options to portions of the virtual universe associated with the avatar; LEVIN (US2025/0322216A1) discloses systems and methods disclosed herein enable dynamic selection of a routing model for generation of an output in response to a provided input (e.g., a prompt for a large-language model). Based on the selected routing model, the data generation platform can evaluate the input and/or other suitable system parameters (e.g., system resource usage) to determine a suitable model for processing the provided input. For example, the routing model can determine a technical application associated with the input and dynamically determine to modify the input prior to generation of the output based on system resource measurement values and/or other suitable information, thereby conferring efficiency, security, and accuracy benefits while preserving system resilience; CALLEGARI (US2019/0371031A1) discloses a virtual skeleton may be adapted based on a capability profile. The virtual skeleton adapted based on a capability profile may be generated from a master virtual skeleton. The adapted virtual skeleton may be less complex than the master virtual skeleton. The adapted virtual skeleton may include fewer virtual skeletal joints than a number of virtual skeletal joints associated with the master virtual skeleton; BHOGAL (US20090271206A1) discloses [0004] The problem that arises with VUs is that it is difficult to control how much load is on any given server. For example, there may be thousands of avatars in one geographic location and only ten avatars in another location. This causes the server with thousands of avatars to overload and the server with only ten avatars to be underutilized. When a server becomes overloaded, the avatar interactions handled by the overloaded server appear slower than normal to the user. Depending on the degree of overload, the user will become frustrated with the slow speed and leave the VU. This results in fewer users and affects the amount of income that can be generated within the VU; CUNICO (US2015/0381939A1) discloses in [0004] The problem that arises with VUs is that it is difficult to control how much load is on any given server. For example, there may be thousands of avatars in one geographic location and only ten avatars in another location. This causes the server with thousands of avatars to overload and the server with only ten avatars to be underutilized. When a server becomes overloaded, the avatar interactions handled by the overloaded server appear slower than normal to the user. Depending on the degree of overload, the user will become frustrated with the slow speed and leave the VU. This results in fewer users and affects the amount of income that can be generated within the VU.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAURICE L MCDOWELL, JR whose telephone number is (571)270-3707. The examiner can normally be reached Mon-Fri: 2pm-10pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Said A. Broome can be reached at 571-272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAURICE L. MCDOWELL, JR/Primary Examiner, Art Unit 2612
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