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 .
Application Status
This office action is responsive to the amendments filed on 09/22/2026 to Application No: 19/030,804 filed on 08/09/2025 (Priority Date: 08/07/2015).
Claims 1-17, and 20-22 are pending and presented for examination.
This action has been made FINAL.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on application EP15180273.3 filed on 08/07/2015. It is noted, however, that applicant has not filed a certified copy, as required by 37 CFR 1.55.
Response to Arguments
Applicant's arguments filed 09/22/2026 have been fully considered but they are not persuasive.
The Applicant alleges the following: “The Office action acknowledges that Nelson fails to disclose animating an avatar. Hughes discloses an "animated avatar." (Hughes at col. 28.) However, Hughes fails to disclose animating an avatar based on a biometric characteristic measured "in advance of a virtual meeting" and another biometric characteristic measured "repeatedly" "during the virtual meeting" as recited in claim 1.” The examiner is not persuaded. The combination of NELSON and Hughes discloses the Applicant’s claim language. More specifically, Hughes abstract recites “control of verbal and non-verbal activities of a set of virtual characters or avatars.” Hughes goes on to disclose a database of animations in Column 7, Lines 40-50. Meanwhile, Nelson discloses “an avatar representing the first user based on the first value of the first biometric characteristic and the plurality of second values second biometric characteristic” in Paragraphs 0033; 0040; 0053; 0064. MPEP § 2106 states Office personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed Cir. 1997). Accordingly, the examiner maintains the rejection.
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) 1-17, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over NELSON, US 20160306429 in view of Hughes, US 9381426.
Claim 1:
NELSON discloses a method (See NELSON Abstract). NELSON discloses an avatar in NELSON Paragraphs 0033; 0040; 0053 but fails to explicitly disclose animating an avatar and a virtual meeting. Hughes disclosed this feature in Column 6, Lines 60-67 and Column 7, Lines 40-50. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified NELSON by the teachings of Hughes to enable improved generation of avatar by using animation in a virtual meeting, more effectively (See Hughes FIELD OF INVENTION). Additionally, both references teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, providing interactive avatars in a virtual space. This close relation between both of the references highly suggests an expectation of success.
As modified:
The combination of NELSON and Hughes discloses the following:
storing a first value of a first biometric characteristic of a first user (See NELSON Paragraphs 0033; 0040; 0053; 00641) in advance of a virtual meeting (See Hughes Column 6, Lines 60-672);
determining a plurality of second values by repeatedly determining a respective value of a second biometric characteristic of the first user (See NELSON Paragraphs 0033; 0040; 0053; 00643);
animating (See Hughes Column 7, Lines 40-50) an avatar (See NELSON Paragraphs 0033; 0040; 0053) representing the first user based on the first value of the first biometric characteristic and the plurality of second values second biometric characteristic (See NELSON Paragraphs 0033; 0040; 0053; 0064);
and causing presentation of the avatar representing the first user (See NELSON Paragraphs 0033; 0040; 0053) in a virtual meeting space of the virtual meeting (See Hughes Column 6, Lines 60-674).
Claim 2:
The combination of NELSON and Hughes discloses wherein the first biometric characteristic of the first second user (See NELSON Paragraphs 0033; 0040; 0053; 0064) is a facial characteristic (See NELSON Paragraph 0023) of the first user (See NELSON Paragraphs 0033; 0040; 0053; 0064).
Claim 3:
The combination of NELSON and Hughes discloses wherein the facial characteristic (See NELSON Paragraph 0023) of the first user is a face geometry of the first user (See NELSON Paragraphs 0020-00215).
Claim 4:
The combination of NELSON and Hughes discloses wherein the second biometric characteristic (See NELSON Paragraphs 0033; 0040; 0053; 0064) of the first user is an eye feature of the first user (See NELSON Paragraphs 0006; 0020).
Claim 5:
The combination of NELSON and Hughes discloses wherein the eye feature of the first user is a gaze direction (See Hughes Column 10, Lines 5-10).
Claim 6:
The combination of NELSON and Hughes discloses wherein the eye feature of the first user is a blinking state (See Hughes Column 5, Lines 10-27).
Claim 7:
The combination of NELSON and Hughes discloses wherein the second biometric characteristic of the first user (See NELSON Paragraphs 0033; 0040; 0053; 0064) is a head pose of the first user (See Hughes Column 3, Lines 1-60).
Claim 8:
The combination of NELSON and Hughes discloses wherein the second biometric characteristic of the first user (See NELSON Paragraphs 0033; 0040; 0053; 0064) is a facial expression of the first user (See Hughes Column 10, Lines 5-10).
Claim 9:
The combination of NELSON and Hughes discloses wherein the second biometric characteristic of the first user (See NELSON Paragraphs 0033; 0040; 0053; 0064) is an arm movement of the first user (See Hughes Column 7, Lines 35-40).
Claim 10:
The combination of NELSON and Hughes discloses wherein repeatedly determining the respective value of the second biometric characteristic (See NELSON Paragraphs 0033; 0040; 0053; 0064) and animating (See Hughes Column 7, Lines 40-50) the avatar are performed continuously to provide a live animation (See Hughes Column 16, Lines 20-30) of the avatar representing the first user (See NELSON Paragraphs 0033; 0040; 0053).
Claim 11:
The combination of NELSON and Hughes discloses wherein causing presentation of the avatar (See NELSON Paragraphs 0033; 0040; 0053) representing the first user includes causing presentation of the avatar (See NELSON Paragraphs 0033; 0040; 0053) representing the first user to a second user in the virtual meeting space (See NELSON Paragraph 0017).
Claim 12:
The combination of NELSON and Hughes discloses determining a plurality of third values by repeatedly determining a respective value of a third biometric characteristic of the first user (See NELSON Paragraphs 0033; 0040; 0053; 0064), wherein animating (See Hughes Column 7, Lines 40-50) the avatar (See NELSON Paragraphs 0033; 0040; 0053) representing the first user is further based on the plurality of third values of the third biometric characteristic (See NELSON Paragraphs 0033; 0040; 0053; 0064).
Claims 13-14:
Claims 13-14 are rejected on the same basis as claims 1-2.
Claim 15:
Claim 15 is rejected on the same basis as claim 4.
Claims 16-17:
Claims 16-17 are rejected on the same basis as claim 7-8.
Claim 20:
Claim 20 is rejected on the same basis as claim 1.
Claim 21:
The combination of NELSON and Hughes discloses causing presentation of an avatar representing a second user in the virtual space of the virtual meeting (See Hughes Column 6, Lines 60-676).
Claim 22:
The combination of NELSON and Hughes discloses wherein the avatar representing the first user is a photo realistic representation of the first user (See Hughes Column 19, Lines 25-387).
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20120293506 relates in general to avatar-based virtual collaborative assistance, and in greater detail to creation of a working, training, and assistance environment by means of techniques of augmented reality.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEREE N BROWN whose telephone number is (571)272-4229. The examiner can normally be reached M-F 5:30-2:00 PM EST.
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, SAID 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.
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.
/SHEREE N BROWN/Primary Examiner, Art Unit 2612 October 13, 2026
1 NELSON Paragraph 0064 recites “[0064] At an operation 202, values derived from biometric samples may be obtained. A first value may be derived from a first biometric sample of a first user. A second value may be derived from a second biometric sample of a second user. The first value may be different from the second value. The first value may be different from the second value due to physical differences between the first user and the second user. Operation 202 may be performed by one or more processors configured to execute a seed value component that is the same as or similar to seed value component 22, in accordance with one or more implementations.”
2 Hughes Column 6, Lines 60-67 recites a “virtual classroom,” in which is the same as a virtual meeting.
3 NELSON Paragraph 0064 recites “[0064] At an operation 202, values derived from biometric samples may be obtained. A first value may be derived from a first biometric sample of a first user. A second value may be derived from a second biometric sample of a second user. The first value may be different from the second value. The first value may be different from the second value due to physical differences between the first user and the second user. Operation 202 may be performed by one or more processors configured to execute a seed value component that is the same as or similar to seed value component 22, in accordance with one or more implementations.”
4 Hughes Column 6, Lines 60-67 recites a “virtual classroom,” in which is the same as a virtual meeting.
5 Note: The examiner interprets Applicant’s teachings of “geometry” as being the same as “measurements” as taught by Nelson.
6 Hughes Column 6, Lines 60-67 recites a “virtual classroom,” in which is the same as a virtual meeting.
7 Hughes Column 19, Lines 25-38 recites “realistic natural motion of the avatar” in which is the same as the Applicant’s teaching of “photo realistic representation.”
