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 .
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 11 and 18, states the following limitation “…generate the second virtual background image via altering one of the plurality of virtual background images by altering, for a select one of the plurality of virtual background images in the memory, at least one image characteristic from a group comprising…”. Examiner is unsure what the language of “by altering” in the above stated limitation is referring to alter. Is “by altering” referring to altering one of the plurality of virtual background images in the memory or one of the image characteristics from a group? Thus, claims 11 and 18 are unclear and indefinite. The claim will be examined as best understood by the Examiner.
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) 1-6, 8-10, 12-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Das et al. U.S. Patent Application Publication 20230262102 A1 (hereinafter Das) in view of Springer et al. U.S. Patent Application Publication 20230396736 A1 (hereinafter Springer).
Regarding claim 1, Das teaches an electronic device (Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) comprising:
a memory (Memory Elements 604 or Storage 606 Para. 0099 and 0101-0102) comprising a video communication application (VCA) (Application to communicate with Video Collaboration Sever 102 Para. 0070 such as Webex Para. 0020 or any Online Video Collaboration Service) comprising a plurality of virtual background images (The virtual background images can be stored on endpoint devices or on servers Para. 0023.);
a communications subsystem (Network Processor Units 610, Para. 0103) that links the electronic device (Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) to a communication network (Network I/O Interface 612 Para. 0103 or Network 120 Para. 0019 and 0022); (Fig. 6)
and a processor (Processors 602 Para. 0099-0100) communicatively coupled to the memory (Memory Elements 604 or Storage 606 Para. 0099 and 0101-0102) and the communications subsystem(Network Processor Units 610, Para. 0103), and which executes the VCA(Application to communicate with Video Collaboration Sever 102 Para. 0070 such as Webex Para. 0020 or any Online Video Collaboration Service) to enable a video communication session (Video Collaboration Session Para. 0019-0020) between the electronic device (Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) and one or more second electronic device (Another Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098), the processor further configured to cause the electronic device to: (Fig. 6)
receive a video stream (Feed/Streams Para. 0023) from an image capturing device (Video Camera Para. 0022) positioned to capture a user of the electronic device(Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) during the video communication session(Video Collaboration Session Para. 0019-0020);
detect a virtual background setting (Configuring Settings in the User Interface Para. 0054 and 0058 Fig. 2A and Fig. 2B) of the VCA(Application to communicate with Video Collaboration Sever 102 Para. 0070 such as Webex Para. 0020 or any Online Video Collaboration Service) for the video communication session(Video Collaboration Session Para. 0019-0020) selecting a first virtual background image of the plurality of virtual background images (Para. 0012- 0013); A virtual background can be selected based on a setting set for the video collaboration session Para. 0054 and 0058 Fig. 2A, 2B, 2C, and 2D. As well as during the video collaboration session based on the context of the session Para. 0027 and 0049. Each background image can be tagged/provided with keywords or labels to indicate their intent which contributes to how a background image is used/selected Para. 0030-0031. The background images can have several keywords and labels associated with them and a preference priority can be set Para. 0032-0033.
However, Das fails to explicitly teach:
And in response to determining that a second composite video image received from a second electronic device among the one or more second electronic device matches the first virtual background image, trigger a change from the first virtual background image to a second virtual background image that is not being used by any of the one or more second electronic device.
Das and Springer are analogous to the claimed invention because both of them are in the same field of selecting virtual backgrounds for a video call/session.
Springer teaches:
And in response to determining that a second composite video image received from a second electronic device among the one or more second electronic device matches the first virtual background image (The user determining they share the same background with another user or a rule created by the user is being enacted.), trigger a change from the first virtual background image to a second virtual background image that is not being used by any of the one or more second electronic device. (A user selecting another background.)
Springer teaches creating or automatically generating rules for virtual background selection in a video meeting Para. 0061, and dynamically changes the background during the meeting Para. 0123. The rules created can determine when a virtual background should not be used based on the conditions and parameters of the video meeting Para. 0066. Thus one of ordinary skill in the art could create a rule with Springer where the user does not want anyone using the same background as them. A user who does not want to share the same background with another would need to either choose a different background or change the background of the other users with the same background. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Das’s Dynamic Changing of Backgrounds to incorporate Springer’s Rules to Change Backgrounds that are the Same. Since doing so would provide the benefit of creating user defined rules which increases the flexibility a user has over selecting the background image (Springer et al. Para. 0006).
Regarding claim 2, Das teaches the electronic device of claim 1, further comprising:
one or more output device (I/O Interfaces 614 Para. 0104, Endpoint Device Para. 0019-0020, or Computing Device 600 Para. 0098) comprising a display (Display Screen Para. 0022) and communicatively coupled to the processor(Processors 602 Para. 0099-0100); (Fig. 6)
and one or more input device(I/O Interfaces 614 Para. 0104, Endpoint Device Para. 0019-0020, or Computing Device 600 Para. 0098) communicatively coupled to the processor(Processors 602 Para. 0099-0100); (Fig. 6)
and wherein, in triggering the change from the first virtual background image (Current Background Image) to the second virtual background image (Another Background Image), the processor is configured to cause the electronic device to: (Changing Background Image based on the Context of the Session Para. 0049) The background image can be changed during the video session based on the context of the session changing. A user could use a different background based on the time Para. 0052 or meeting topic Para. 0047.
present(Prompted User Interface Para. 0048, 0060, or 0111), via the display(Display Screen Para. 0022) a virtual background selection window(Prompted User Interface Para. 0048, 0060, or 0111) containing a recommendation to select the second virtual background image (Another Background Image) to avoid duplicating use of the first virtual background image (Current Background Image) and containing a control (User Accepting or Denying Changing Background Image) enabling selection of the second virtual background image (Another Background Image) by the user via the one or more input device(I/O Interfaces 614 Para. 0104, Endpoint Device Para. 0019-0020, or Computing Device 600 Para. 0098). Das teaches presenting to the user recommendations to change the background image based on the context of the video session and letting the user accept or deny the recommendation Para. 0048, 0060, or 0111.
Regarding claim 3, Das teaches the electronic device of claim 1, wherein, in triggering the change in use from the first virtual background image (Current Background Image) to the second virtual background image (Another Background Image), the processor(Processors 602 Para. 0099-0100) is configured to cause the electronic device (Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) to:
Automatically (Auto-Selected, Para. 0059) change the first composite video image (Background Image with User in Foreground) from including the first virtual background image (Current Background Image) to including the second virtual background image (Another Background Image). Selecting and changing the background image can be automatic Para. 0012, 0059, 0063, and 0096.
Regarding claim 4, Das teaches the electronic device of claim 1, wherein, in triggering the change from the first virtual background image (Current Background Image) to the second virtual background image (Another Background Image), the processor(Processors 602 Para. 0099-0100) is configured to cause the electronic device(Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) to:
generate and render a virtual background notification window(Prompted User Interface Para. 0048, 0060, or 0111) containing a recommendation for the user to select the second virtual background image (Another Background Image); Das teaches presenting to the user recommendations to change the background image based on the context of the video session and letting the user accept or deny the recommendation Para. 0048, 0060, or 0111.
and in response to determining that a change from using the first virtual background image (Current Background Image) to the second virtual background image (Another Background Image) (Auto-Selected, Para. 0059) change from the first virtual background image to the second virtual background image. Selecting and changing the background image can be automatic Para. 0012, 0059, 0063, and 0096.
While Das and Springer do not explicitly disclose a user not responding to the prompt of changing virtual backgrounds has not occurred within a period of time following presentation of the recommendation. Das teaches a live virtual collaboration session Para. 0009 focused on dynamically changing the background of users in the session with little to none manual involvement Para. 0010-0011. Das can achieve this by selecting and changing background images automatically based on the context of the session Para. 0012, 0059, 0063, and 0096. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Das’s Dynamic Changing of Backgrounds altered by Springer’s Rules to incorporate Das’s own teaching of Automatically Changing Backgrounds. Since doing so would provide the benefit of automatically changing the background instead of waiting for a user to respond, which increases the flexibility of the system as manual input is not needed.
Regarding claim 5, Das teaches the electronic device of claim 1, wherein the processor(Processors 602 Para. 0099-0100) is configured to cause the electronic device(Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) to:
receive, via the communications subsystem(Network Processor Units 610, Para. 0103) from the one or more second electronic device(Another Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098), information indicating use of the first virtual background image for a virtual background image. Das’s system knows the current backgrounds of the users in the video collaboration session. As intents/keywords are identified based on the virtual background images in use by the users Para. 0034. Thus, Das’s invention contains information indicating the virtual background images in use.
Regarding claim 6, Das teaches the electronic device of claim 1, wherein the processor(Processors 602 Para. 0099-0100) is configured to cause the electronic device(Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) to:
receive a second composite video image (Background Image with User in Foreground) containing a second user image (User in Foreground) overlayed on the first virtual background image (Current Background Image); Changing the background keeps the user in the foreground and replaces the background Para. 0023 and 0092.
While Das and Springer do not explicitly disclose and compare the virtual background image of the received second composite video image to the plurality of virtual background images to identify use of the first virtual background image by the second user. Das teaches storing each of the virtual background images and their associated keywords in the video collaboration system Para. 0013 and 0089. Das’s system knows the current backgrounds of the users in the video collaboration session. As intents/keywords are identified based on the virtual background images in use by the users Para. 0034. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Das’s Identification of Current Used Backgrounds altered by Springer’s Rules to incorporate Comparing the Backgrounds with the Stored Backgrounds. Since doing so would provide the benefit of determining which backgrounds are currently in use from the stored backgrounds.
Regarding claim 8, Das teaches the electronic device of claim 1, wherein the processor(Processors 602 Para. 0099-0100) is configured to cause the electronic device(Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) to:
extract a video image of the user from the video stream from the image capturing device; (Para. 0023 and 0030)
and generate a first composite video image (Background Image with User in Foreground) by overlaying the video image of the user on the second virtual background image (Another Virtual Background Image). Changing the background keeps the user in the foreground and replaces the background Para. 0023 and 0092.
Regarding claim 9, Das teaches the electronic device of claim 8, further comprising:
one or more output device(I/O Interfaces 614 Para. 0104, Endpoint Device Para. 0019-0020, or Computing Device 600 Para. 0098) communicatively coupled to the processor(Processors 602 Para. 0099-0100) and comprising a display(Display Screen Para. 0022);
and wherein the processor is configured to cause the electronic device to generate and render, via the display(Display Screen Para. 0022), a video communication session window (User Interface of the Application running the Video Collaboration Session such as Webex Para. 0020 or any Online Video Collaboration Service Application) that comprises the first composite video image(Background Image with User in Foreground). (Para. 0023, 0030, and 0067)
Regarding claim 10, Das teaches the electronic device of claim 8, wherein the processor(Processors 602 Para. 0099-0100) is configured to cause the electronic device(Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) to:
transmit, via the communications subsystem(Network Processor Units 610, Para. 0103), the first composite video image(Background Image with User in Foreground) to the one or more second electronic device (Another Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) that generate and render, via a corresponding display(Display Screen Para. 0022), a video communication session window(User Interface of the Application running the Video Collaboration Session such as Webex Para. 0020 or any Online Video Collaboration Service Application) containing the first composite video image(Background Image with User in Foreground). When a user changes their background in a video collaboration service. It is transmitted to each device in the video collaboration service as the video stream updates.
Regarding claim 12, has similar limitations as of claim 1, therefore it is rejected under the same rationale as claim 1.
Regarding claim 13, has similar limitations as of claim 2, therefore it is rejected under the same rationale as claim 2.
Regarding claim 14, has similar limitations as of claim 4, therefore it is rejected under the same rationale as claim 4.
Regarding claim 15, has similar limitations as of claim 5, therefore it is rejected under the same rationale as claim 5.
Regarding claim 16, has similar limitations as of claim 6, therefore it is rejected under the same rationale as claim 6.
Regarding claim 17, has similar limitations as of claims 8, 9, and 10 combined, therefore it is rejected under the same rationale as claims 8, 9, and 10.
Regarding claim 19, Das teaches a computer program product comprising: a computer readable storage device (Non-Transitory Computer Useable Medium Para. 0109); and program code (Software, Code or Instructions Para. 0108) on the computer readable storage device that when executed by a processor(Processors 602 Para. 0099-0100) associated with an electronic device(Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098), the program code is configured to cause the electronic device to provide functionality of claims 1 and 12, therefore it is rejected under the same rationale as claims 1 and 12.
Regarding claim 20, has similar limitations as of claims 2 and 13, therefore it is rejected under the same rationale as claims 2 and 13.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Das et al. U.S. Patent Application Publication 20230262102 A1 (hereinafter Das) in view of Springer et al. U.S. Patent Application Publication 20230396736 A1 (hereinafter Springer) in further view of Xu et al. Chinese Application CN 115834823 A (hereinafter Xu).
Regarding claim 7, Das teaches the electronic device of claim 1, further comprising (Processors 602 Para. 0099-0100) is configured to cause the electronic device(Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) to identify a respective background image in each composite video image(Background Image with User in Foreground) received respectively from the one or more second electronic device(Another Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) Das’s system knows the current backgrounds of the users in the video collaboration session. As intents/keywords are identified based on the virtual background images in use by the users Para. 0034.
However, Das and springer fail to teach an artificial intelligence (Al) engine trained to identify a background image in a video.
Das, Springer, and Xu are analogous to the claimed invention because all of them are in the same field of changing backgrounds in a video call.
Xu teaches an artificial intelligence (Al) engine(AI Human Scene Separation Technology, Page 1 Section: Background and Page 2) trained to identify a background image in a video(Real Background in Video, Page 2). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Das’s Video Collaboration System altered by Springer’s rules to incorporate Xu’s AI Human Scene Separation Technology. Since doing so would provide the benefit of leveraging AI to separate the background from the user in video session.
Claims 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Das et al. U.S. Patent Application Publication 20230262102 A1 (hereinafter Das) in view of Springer et al. U.S. Patent Application Publication 20230396736 A1 (hereinafter Springer) in further view of Zhu et al. U.S. Patent Application Publication 20230421719 A1 (hereinafter Zhu).
Regarding claim 11, Das teaches the electronic device of claim 1, further comprising a display(Display Screen Para. 0022) communicatively coupled to the processor, and wherein the processor(Processors 602 Para. 0099-0100) is configured to cause the electronic device(Endpoint Device Para. 0019-0020 or Computing Device 600 Para. 0098) to: (Fig. 6)
in response to determining that each of the plurality of virtual background images in the memory (Stored Virtual Background images Para. 0013) to are being used as a virtual background image by the one or more second electronic device: Das’s system knows the current backgrounds of the users in the video collaboration session. As intents/keywords are identified based on the virtual background images in use by the users Para. 0034. Thus, if enough people are in the video collaboration session and there are few stored virtual background images. All virtual background images could be in use. A user can create and upload their own virtual background images Para. 0032 and 0034. Thus, a user could join a virtual collaboration session and want a unique background to them, so the create a new background image which is not in use by other participants.
and present, via the display(Display Screen Para. 0022), a virtual background selection window(Prompted User Interface Para. 0048, 0060, or 0111) containing a selection control(User Accepting or Denying Changing Background Image) and the second virtual background image (Newly Created/Uploaded Background Image) with an indication that the second virtual background image(Newly Created/Uploaded Background Image) does not duplicate a virtual background image being used by one of the second electronic devices (A user creating/uploading their own background image not included in the stored virtual background images. Is an indication that the Created/Uploaded Background Image is not a duplicate virtual background currently in use.), the selection control (User Accepting or Denying Changing Background Image) enabling user selection of the second virtual background image. Das teaches presenting to the user recommendations to change the background image based on the context of the video session and letting the user accept or deny the recommendation Para. 0048, 0060, or 0111.
However, Das and Springer fail to teach:
generate the second virtual background image via altering one of the plurality of virtual background images by altering, for a select one of the plurality of virtual background images in the memory, at least one image characteristic from a group comprising: (i) color; (ii) horizontal mirroring; and (iii) focus;
Das, Springer, and Zhu are analogous to the claimed invention because all of them are in the same field of changing virtual background in a virtual session.
Zhu teaches:
generate the second virtual background image (Generating a Background Image) via altering one of the plurality of virtual background images by altering (Adding content to background image based on context data Para. 0004-0005 and 0020 or Generating a Background Image based on Context Data and Background), for a select one of the plurality of virtual background images in the memory (Predetermine Backgrounds in Data Store Para. 0054), at least one image characteristic from a group comprising: (i) color; (Para. 0054 and 0061) (ii) horizontal mirroring; and (iii) focus; Zhu teaches virtual backgrounds can be generated based on context data Para. 0061 and can have content added to the virtual background Para. 0004-0005.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Das’s Video Collaboration System altered by Springer’s rules to incorporate Zhu’s Generation of Background Images. Since doing so would provide the benefit of generating background images in several ways by utilizing previous backgrounds and adding content to them.
Regarding claim 18, has similar limitations as of claim 11, therefore it is rejected under the same rationale as claim 11.
Conclusion
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/BRIANNA RENAE COCHRAN/ Examiner, Art Unit 2615
/ALICIA M HARRINGTON/ Supervisory Patent Examiner, Art Unit 2615
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