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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/08/2026, 01/15/2025, 10/15/2025, and 03/28/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent 12229860. This is a nonstatutory double patenting rejection.
Regarding claim 1:
19/018848
US 12229860
1. A method comprising:
retrieving a first movement vector that includes a recorded sequence of a plurality of poses previously performed by a second user at a first time that precedes a second time;
combining a second movement vector, representing movement of a first user, with the first movement vector to generate a combined movement vector; and
animating an object to mimic movement defined by the combined movement vector representing movements of different users comprising the first user and the second user over time, wherein the object is animated based on a first portion of information in the combined movement vector corresponding to the first movement vector, representing movement of the second user, for a first period of time and is animated based on a second portion of the information in the combined movement vector corresponding to the second movement vector, representing movement of the first user, for a second period of time.
1. A method comprising:
receiving, by a device associated with a first user, a communication comprising a first movement vector representing three-dimensional (3D) movement of a set of skeletal joints of a second user, the first movement vector comprising a recorded sequence of a plurality of poses previously performed by the second user at a first time;
receiving, by the device associated with the first user, at a second time, a selection of an option to open the communication received from the second user;
in response to the device associated with the first user receiving the selection of the option to open the communication, retrieving the first movement vector that includes the recorded sequence of the plurality of poses previously performed by the second user at the first time that precedes the second time when the selection of the option to open communication was received;
combining a second movement vector, representing movement of the first user, with the first movement vector to generate a combined movement vector; and
animating an object to mimic movement defined by the combined movement vector representing movements of different users comprising the first user and the second user over time, wherein the object is animated based on a first portion of information in the combined movement vector corresponding to the first movement vector, representing movement of the second user, for a first period of time and is animated based on a second portion of the information in the movement vector corresponding to the second movement vector, representing movement of the first user, for a second period of time.
Although the conflicting claims are not identical, they are not patentably distinct from each other (see the comparison between claim 1 of the instant invention and claim 1 of the US 12229860).
Likewise instant dependent claims 2-17 are anticipated by dependent claims 2-17 of the US 12229860, and is not patentably distinct from claims 2-17 of the US 12229860.
Regarding claim 18:
19/018848
US 12229860
18. A system comprising: one or more processors configured to perform operations comprising:
retrieving a first movement vector that includes a recorded sequence of a plurality of poses previously performed by a second user at a first time that precedes a second time;
combining a second movement vector, representing movement of a first user, with the first movement vector to generate a combined movement vector; and
animating an object to mimic movement defined by the combined movement vector representing movements of different users comprising the first user and the second user over time, wherein the object is animated based on a first portion of information in the combined movement vector corresponding to the first movement vector, representing movement of the second user, for a first period of time and is animated based on a second portion of the information in the combined movement vector corresponding to the second movement vector, representing movement of the first user, for a second period of time.
18. A system comprising: one or more processors configured to perform operations comprising:
receiving, by a device associated with a first user, a communication comprising a first movement vector representing three-dimensional (3D) movement of a set of skeletal joints of a second user, the first movement vector comprising a recorded sequence of a plurality of poses previously performed by the second user at a first time;
receiving, by the device associated with the first user, at a second time, a selection of an option to open the communication received from the second user;
in response to the device associated with the first user receiving the selection of the option to open the communication, retrieving the first movement vector that includes the recorded sequence of the plurality of poses previously performed by the second user at the first time that precedes the second time when the selection of the option to open communication was received;
combining a second movement vector, representing movement of the first user, with the first movement vector to generate a combined movement vector; and
animating an object to mimic movement defined by the combined movement vector representing movements of different users comprising the first user and the second user over time, wherein the object is animated based on a first portion of information in the combined movement vector corresponding to the first movement vector, representing movement of the second user, for a first period of time and is animated based on a second portion of the information in the movement vector corresponding to the second movement vector, representing movement of the first user, for a second period of time.
Although the conflicting claims are not identical, they are not patentably distinct from each other (see the comparison between claim 18 of the instant invention and claim 18 of the US 12229860).
Regarding claim 19:
19/018848
US 12229860
19. A non-transitory machine-readable storage medium including an augmented reality system that includes instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising:
retrieving a first movement vector that includes a recorded sequence of a plurality of poses previously performed by a second user at a first time that precedes a second time;
combining a second movement vector, representing movement of a first user, with the first movement vector to generate a combined movement vector; and
animating an object to mimic movement defined by the combined movement vector representing movements of different users comprising the first user and the second user over time, wherein the object is animated based on a first portion of information in the combined movement vector corresponding to the first movement vector, representing movement of the second user, for a first period of time and is animated based on a second portion of the information in the combined movement vector corresponding to the second movement vector, representing movement of the first user, for a second period of time.
19. A non-transitory machine-readable storage medium including an augmented reality system that includes instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising:
receiving, by a device associated with a first user, a communication comprising a first movement vector representing three-dimensional (3D) movement of a set of skeletal joints of a second user, the first movement vector comprising a recorded sequence of a plurality of poses previously performed by the second user at a first time;
receiving, by the device associated with the first user, at a second time, a selection of an option to open the communication received from the second user; in response to the device associated with the first user receiving the selection of the option to open the communication, retrieving the first movement vector that includes the recorded sequence of the plurality of poses previously performed by the second user at the first time that precedes the second time when the selection of the option to open communication was received;
combining a second movement vector, representing movement of the first user, with the first movement vector to generate a combined movement vector; and
animating an object to mimic movement defined by the combined movement vector representing movements of different users comprising the first user and the second user over time, wherein the object is animated based on a first portion of information in the combined movement vector corresponding to the first movement vector, representing movement of the second user, for a first period of time and is animated based on a second portion of the information in the movement vector corresponding to the second movement vector, representing movement of the first user, for a second period of time.
Although the conflicting claims are not identical, they are not patentably distinct from each other (see the comparison between claim 19 of the instant invention and claim 19 of the US 12229860).
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 (nonstatutory double patenting rejection), set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The cited prior art fails to teach the combination of elements recited in claims 1 and 18-19, including " wherein the object is animated based on a first portion of information in the combined movement vector corresponding to the first movement vector, representing movement of the second user, for a first period of time and is animated based on a second portion of the information in the movement vector corresponding to the second movement vector, representing movement of the first user, for a second period of time” (same allowable subject matter as US12229860).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jin Ge whose telephone number is (571)272-5556. The examiner can normally be reached 8:00 to 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Chan can be reached at (571)272-3022. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JIN . GE
Examiner
Art Unit 2619
/JIN GE/Primary Examiner, Art Unit 2619
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