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 statement (IDS) submitted on 3/20/2025 has been placed in record and considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. - An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AlA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim limitations “acquisition unit,” “determination unit,” and “display control unit” have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “unit” coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. Claim elements in this application that use the word “unit” are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “unit” are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 1-20 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
• acquisition unit - paragraphs 0049-0061, Fig. 3.
• determination unit - paragraphs 0049-0061, Fig. 3.
• display control unit - paragraphs 0049-0061, Fig. 3.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 103
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.
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.
Claims 1-2, 7-9, 16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over WOO et al. (US 20200082590 hereinafter WOO) in view of Davis et al. (US 9690376 hereinafter Davis).
Referring to claim 1, WOO discloses a display control device ([0050]; Furthermore, the display 150 may display an avatar making different facial expressions based on the emotional state of the user. For example, when the emotion of the user is changed to be positive, the display 150 may display the avatar with a facial expression corresponding to the current emotion of the user under the control of a controller 160, which will be described later, and when the emotion of the user is changed to be negative, the display 150 may display the avatar with an empathetic facial expression to evoke empathy from the user. This will be described in more detail later.) comprising:
an acquisition unit that acquires a behavior of a user in a real space as input information ([0062]; Referring to FIG. 2, the vehicle 100 in accordance with an embodiment may include a detector 110 for detecting at least one of a biological signal of a user, a behavior of the user);
a determination unit that determines whether or not input corresponding to a specific “emotion” registered in advance is included in the input information ([0096]; The controller 160 may compare the obtained current emotion information with the previous emotion information stored in the storage 140 to update the facial expression information of the avatar.); and
a display control unit that reflects the behavior of the user corresponding to the input information in an avatar in a virtual space, and in a case where it is determined that the input information includes the input corresponding to the specific “emotion”, further reflects the specific “emotion” in the avatar in the virtual space to display the avatar in the virtual space ([0224]; The controller 160 displays the avatar 800 based on the updated facial expression information, in 960. Specifically, the controller 160 may control the display 150 to display the avatar 800 based on the updated facial expression information.).
However, WOO does not explicitly disclose input corresponding to a specific motion.
In an analogous art, Davis discloses input corresponding to a specific motion (Davis- Col. 10 lines 60-67; FIG. 5A is a perspective view illustrating a single point of control for a 2D or 3D computing environment on an external networked device 802 using a single finger as a controller 301. FIG. 5B is a perspective view illustrating multiple points of control for a 2D or 3D computing environment on an external networked device 802 using multiple fingers as controllers 301… and Col. 6 lines 38-47; Converting a surface mesh and 3D map of a persons hand or body into a functional character model that can be animated to mirror the movements of the wearer, incorporates a process of mapping the persons joints and assigning joint positions to the matching areas on the 3D model and generating an internal model rigging similar to the skeletal structure in the human body. Then attaching the rigging to the 3D mesh and model and assigning areas of influence to the mesh and surface of the 3D model similar to the effect of muscles and tendons on body motion and the skin.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of Davis to the system of Woo in order to allow the user's motions to be replicated in a virtual computing environment for performing functions.
Referring to claim 2, WOO discloses wherein the acquisition unit receives, from the user, a designation as to whether or not to reflect the specific “emotion” in the avatar, and the determination unit determines whether or not the input corresponding to the specific motion is included in the input information in a case where there is the designation by the user (WOO- [0096]; The controller 160 may compare the obtained current emotion information with the previous emotion information stored in the storage 140 to update the facial expression information of the avatar.). Furthermore, Davis discloses input corresponding to a specific motion (Davis- Col. 10 lines 60-67; FIG. 5A is a perspective view illustrating a single point of control for a 2D or 3D computing environment on an external networked device 802 using a single finger as a controller 301. FIG. 5B is a perspective view illustrating multiple points of control for a 2D or 3D computing environment on an external networked device 802 using multiple fingers as controllers 301… and Col. 6 lines 38-47; Converting a surface mesh and 3D map of a persons hand or body into a functional character model that can be animated to mirror the movements of the wearer, incorporates a process of mapping the persons joints and assigning joint positions to the matching areas on the 3D model and generating an internal model rigging similar to the skeletal structure in the human body. Then attaching the rigging to the 3D mesh and model and assigning areas of influence to the mesh and surface of the 3D model similar to the effect of muscles and tendons on body motion and the skin.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of Davis to the system of Woo in order to allow the user's motions to be replicated in a virtual computing environment for performing functions.
Referring to claim 7, WOO discloses wherein the determination unit determines whether or not input corresponding to the specific motion associated with specific emotion is included in the input information, and the display control unit,
in a case where it is determined that the input information includes the specific motion associated with the specific emotion, reflects the specific motion associated with the specific emotion in the avatar and displays the avatar in the virtual space (WOO- [0096]; The controller 160 may compare the obtained current emotion information with the previous emotion information stored in the storage 140 to update the facial expression information of the avatar.).
Referring to claim 8, WOO discloses wherein the determination unit determines whether or not the input corresponding to the specific motion associated with the specific emotion is included in the input information by comparing voiceprint information associated with the specific emotion with the input information, the voiceprint information registered in advance by the user (WOO- [0067] For example, the detector 110 may include at least one of a Galvanic Skin Response (GSR) measurer for measuring a state of the skin of the user, a heart rate (HR) measurer for measuring a heart rate, an Electroencephalogram (EEG) measurer for measuring brain waves of the user, a face analyzer integrated with an image sensor for capturing and analyzing a state of the facial expression of the user, a microphone for analyzing a state of the voice of the user, and an eye tracker integrated with an image sensor for tracking the position of the pupil of the user.).
Referring to claim 9, WOO discloses wherein the display control unit displays the avatar reflecting the specific motion associated with the specific emotion and displays a presentation effect associated with the specific emotion in a vicinity of the avatar (WOO- [0224]; The controller 160 displays the avatar 800 based on the updated facial expression information, in 960. Specifically, the controller 160 may control the display
150 to display the avatar 800 based on the updated facial expression information.).
Referring to claim 16, WOO discloses wherein the acquisition unit acquires, from the user, a request to change an appearance of the avatar, and the display control unit reflects a change based on the request in the avatar to change the appearance of the avatar in the virtual space together with a presentation effect (WOO- [0218], Fig. 9; Specifically, when the current emotion is changed to be more positive than the previous emotion in 930, the vehicle 100 updates the facial expression information of the avatar 800 to an expression corresponding to the current emotion information in 940….and [0224]; The controller 160 displays the avatar 800 based on the updated facial expression information, in 960. Specifically, the controller 160 may control the display 150 to display the avatar 800 based on the updated facial expression information.).
Referring to claim 19, WOO discloses a display control method ([0050]; Furthermore, the display 150 may display an avatar making different facial expressions based on the
emotional state of the user. For example, when the emotion of the user is changed to be
positive, the display 150 may display the avatar with a facial expression corresponding to
the current emotion of the user under the control of a controller 160, which will be
described later, and when the emotion of the user is changed to be negative, the display
150 may display the avatar with an empathetic facial expression to evoke empathy from
the user. This will be described in more detail later.) comprising:
by a computer ([0050]; Furthermore, the display 150 may display an avatar making different facial expressions based on the emotional state of the user. For example, when the emotion of the user is changed to be positive, the display 150 may display the avatar with a facial expression corresponding to the current emotion of the user under the control of a controller 160, which will be described later, and when the emotion of the user is changed to be negative, the display 150 may display the avatar with an empathetic facial expression to evoke empathy from the user. This will be described in more detail later.),
acquiring a behavior of a user in a real space as input information ([0062]; Referring to FIG. 2, the vehicle 100 in accordance with an embodiment may include a detector 110 for detecting at least one of a biological signal of a user, a behavior of the user);
determining whether or not input corresponding to a specific “emotion” registered in advance is included in the input information ([0096]; The controller 160 may compare the obtained current emotion information with the previous emotion information stored in the storage 140 to update the facial expression information of the avatar.); and
reflecting the behavior of the user corresponding to the input information in an avatar in a virtual space, and in a case where it is determined that the input information includes the input corresponding to the specific “emotion”, further reflecting the specific “emotion” in the avatar in the virtual space to display the avatar in the virtual space ([0224]; The controller 160 displays the avatar 800 based on the updated facial expression information, in 960. Specifically, the controller 160 may control the display 150 to display the avatar 800 based on the updated facial expression information.).
However, WOO does not explicitly disclose input corresponding to a specific motion.
In an analogous art, Davis discloses input corresponding to a specific motion (Davis- Col. 10 lines 60-67; FIG. 5A is a perspective view illustrating a single point of control for a 2D or 3D computing environment on an external networked device 802 using a single finger as a controller 301. FIG. 5B is a perspective view illustrating multiple points of control for a 2D or 3D computing environment on an external networked device 802 using multiple fingers as controllers 301… and Col. 6 lines 38-47; Converting a surface mesh and 3D map of a persons hand or body into a functional character model that can be animated to mirror the movements of the wearer, incorporates a process of mapping the persons joints and assigning joint positions to the matching areas on the 3D model and generating an internal model rigging similar to the skeletal structure in the human body. Then attaching the rigging to the 3D mesh and model and assigning areas of influence to the mesh and surface of the 3D model similar to the effect of muscles and tendons on body motion and the skin.).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to apply the technique of Davis to the system of
Woo in order to allow the user's motions to be replicated in a virtual computing environment for
performing functions.
Referring to claim 20, WOO discloses a display control program for causing a computer to function as a display control device ([0050]; Furthermore, the display 150 may display an avatar making different facial expressions based on the emotional state of the user. For example, when the emotion of the user is changed to be positive, the display 150 may display the avatar with a facial expression corresponding to the current emotion of the user under the control of a controller 160, which will be described later, and when the emotion of the user is changed to be negative, the display 150 may display the avatar with an empathetic facial expression to evoke empathy from the user. This will be described in more detail later.), wherein the display control device includes:
an acquisition unit that acquires a behavior of a user in a real space as input information ([0062]; Referring to FIG. 2, the vehicle 100 in accordance with an embodiment may include a detector 110 for detecting at least one of a biological signal of a user, a behavior of the user);
a determination unit that determines whether or not input corresponding to a specific “emotion” registered in advance is included in the input information ([0096]; The controller 160
may compare the obtained current emotion information with the previous emotion
information stored in the storage 140 to update the facial expression information of the
avatar.); and
a display control unit that reflects the behavior of the user corresponding to the input information in an avatar in a virtual space, and in a case where it is determined that the input information includes the input corresponding to the specific “emotion”, further reflects the
specific “emotion” in the avatar in the virtual space to display the avatar in the virtual space ([0224]; The controller 160 displays the avatar 800 based on the updated facial
expression information, in 960. Specifically, the controller 160 may control the display
150 to display the avatar 800 based on the updated facial expression information.).
However, WOO does not explicitly disclose input corresponding to a specific motion.
In an analogous art, Davis discloses input corresponding to a specific motion (Davis-
Col. 10 lines 60-67; FIG. 5A is a perspective view illustrating a single point of control for a
2D or 3D computing environment on an external networked device 802 using a single
finger as a controller 301. FIG. 5B is a perspective view illustrating multiple points of
control for a 2D or 3D computing environment on an external networked device 802 using
multiple fingers as controllers 301… and Col. 6 lines 38-47; Converting a surface mesh
and 3D map of a persons hand or body into a functional character model that can be
animated to mirror the movements of the wearer, incorporates a process of mapping the
persons joints and assigning joint positions to the matching areas on the 3D model and
generating an internal model rigging similar to the skeletal structure in the human body.
Then attaching the rigging to the 3D mesh and model and assigning areas of influence to
the mesh and surface of the 3D model similar to the effect of muscles and tendons on
body motion and the skin.).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to apply the technique of Davis to the system of
Woo in order to allow the user's motions to be replicated in a virtual computing environment for
performing functions.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over WOO et al. (US 20200082590 hereinafter WOO) in view of Davis et al. (US 9690376 hereinafter Davis), and Chang et al. (US 20230085330 hereinafter Chang).
Referring to claim 3, WOO in view of Davis as applied above does not specifically disclose wherein the acquisition unit acquires a position from an imaging device when the behavior of the user is photographed, and
the determination unit does not determine whether or not the input corresponding to the specific motion is included in the input information in a case where the position from the imaging device is apart by a distance greater than a predetermined distance and determines whether or not the input corresponding to the specific motion is included in the input information in a case where the position from the imaging device is within the predetermined distance.
In an analogous art, Chang discloses wherein the acquisition unit acquires a position from an imaging device when the behavior of the user is photographed, and
the determination unit does not determine whether or not the input corresponding to the specific motion is included in the input information in a case where the position from the imaging device is apart by a distance greater than a predetermined distance and determines whether or not the input corresponding to the specific motion is included in the input information in a case where the position from the imaging device is within the predetermined distance (Chang- [0047]; At step 306, the computing system is configured to determine if the user input motion is fast (e.g., greater than a threshold velocity) and/or a long movement (e.g., greater than a threshold distance). If so, then at step 308, the computing system increases the smoothing value and applies the updated smoothing value to the user input motion. Alternatively, at step 310, the computing system determines if the user input motion is slow (e.g., less than a threshold velocity) and/or is a precise movement (e.g., less than a threshold distance). If so, then at step 312, the computing system decreases the smoothing value and applies the updated smoothing value to the user input motion. Such dynamic stability control optimization operations may be performed to dynamically compensate for jitter, for example, when users have issues with shaky hands or when a computing system's refresh rate or resolution is too high. In other words, the movement of the displayed cursor may be influenced at least in part by the initial jitter smoothing value, and an updated jitter smoothing value that is calculated based on one or both of the distance of the movement of the user hand, and a speed of the movement of the user hand.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of Chang to the system of WOO in view of Davis in order to ensure simple and accurate input detection method to activate a gesture.
Referring to claim 4, WOO in view of Davis as applied above does not specifically disclose wherein the acquisition unit acquires behaviors of a plurality of users as input information, the determination unit determines liveliness of an interaction between the plurality of users in the virtual space on a basis of the behaviors of the plurality of users, and the display control unit displays a presentation effect depending on the liveliness of the interaction in a vicinity of the plurality of users.
In an analogous art, Chang discloses wherein the acquisition unit acquires behaviors of a plurality of users as input information, the determination unit determines liveliness of an interaction between the plurality of users in the virtual space on a basis of the behaviors of the plurality of users, and the display control unit displays a presentation effect depending on the liveliness of the interaction in a vicinity of the plurality of users (Chang- [0030]; More generally, the plurality of user intent parameters may include any of the following non-limiting examples. The plurality of user intent parameters may include a number of different detected human users in the plurality of images. For instance, depending on the use case, some scenarios call for only one hand and one user—e.g., a surgeon manipulating images during surgery—or the scenario may call for multiple users and multiple hands—e.g., in a multiplayer gaming scenario. Thus, in various cases, the gesture input activation condition may only be met if only one user is visible (e.g., a surgeon performing an operation), or the condition may only be met if two or more users are visible (e.g., a multiplayer gaming scenario).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of Chang to the system of WOO in view of Davis in order to ensure simple and accurate input detection method to activate a gesture.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over WOO et al. (US 20200082590 hereinafter WOO) in view of Davis et al. (US 9690376 hereinafter Davis), and Beaver et al. (US 20200110805 hereinafter Beaver).
Referring to claim 10, WOO in view of Davis as applied above does not specifically disclose wherein the display control unit displays words uttered by the avatar on a basis of the input information and further displays a history of the words in such a manner as to transition upward starting from the avatar.
In an analogous art, Beaver discloses wherein the display control unit displays words uttered by the avatar on a basis of the input information and further displays a history of the words in such a manner as to transition upward starting from the avatar (Beaver- [0093], Fig. 5A; In addition, the response 222 included the link (e.g., a hyperlink) 230 associated with the query and entitled “Request Upgrade”. When the user 102 selects the link 230, the electronic device 104 may navigate to a page at which the user 102 may request to upgrade her seat on her next flight. The audio content 232, meanwhile, may comprise the same content as the text 228, or may comprise different content in other examples. In some instances, the avatar (i.e., the visual representation of the virtual assistant) may appear to utter the audible content 232, either based on the tone of the content 232 and/or based on the avatar appearing to speak the words within the content 232.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of Beaver to the system of WOO in view of Davis in order to allow the system for identifying relational segments allow for interaction between virtual assistants and end users that more closely mirror human-to-human interactions.
Referring to claim 11, Beaver discloses wherein the display control unit displays a word uttered by the avatar as an icon on a basis of semantic content included in the input information, the icon representing the semantic content with a picture (Beaver- [0093], Fig. 5A; In addition, the response 222 included the link (e.g., a hyperlink) 230 associated with the query and entitled “Request Upgrade”. When the user 102 selects the link 230, the electronic device 104 may navigate to a page at which the user 102 may request to upgrade her seat on her next flight. The audio content 232, meanwhile, may comprise the same content as the text 228, or may comprise different content in other examples. In some instances, the avatar (i.e., the visual representation of the virtual assistant) may appear to utter the audible content 232, either based on the tone of the content 232 and/or based on the avatar appearing to speak the words within the content 232.).
Claim Objections
Claims 5-6, 12-15, and 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Referring to claim 5, the following is a statement of reasons for the indication of allowable subject matter: the prior arts fail to suggest limitation “wherein the determination unit determines the liveliness of the interaction on a basis of a number of users participating in the interaction, a frequency of conversation between the users, and a degree of overlapping of voices of the plurality of users”.
Referring to claim 6 is objected upon dependent on claim 5.
Referring to claim 12, the following is a statement of reasons for the indication of allowable subject matter: the prior arts fail to suggest limitation “wherein the determination unit determines a distance between a position in the virtual space for observing display of the word and a position of an avatar that utters the word, and the display control unit displays a history of the word or the icon as a presentation effect not including the word nor the semantic content of the icon on the basis of the determined distance”.
Referring to claim 13, the following is a statement of reasons for the indication of allowable subject matter: the prior arts fail to suggest limitation “wherein the determination unit determines a positional relationship between a position in the virtual space for observing display of the word and a position of an avatar that utters the word, and the display control unit determines a display angle and a three-dimensional display of the word observed in the virtual space on a basis of the determined positional relationship”.
Referring to claim 14, the following is a statement of reasons for the indication of allowable subject matter: the prior arts fail to suggest limitation “wherein the determination unit determines whether or not a first avatar is included within an area recognized by a second avatar in the virtual space, and the display control unit adjusts a travelling path of the first avatar such that the first avatar approaches the second avatar in a case where it is determined that the first avatar is included in the area recognized by the second avatar”.
Referring to claim 15 is objected upon dependent on claim 14.
Referring to claim 17, the following is a statement of reasons for the indication of allowable subject matter: the prior arts fail to suggest limitation “wherein the acquisition unit acquires, from the user, a request to exchange any of a plurality of objects associated with a first avatar with a second avatar, and the display control unit displays a list of the plurality of objects associated with the first avatar in a vicinity of the first avatar when the request is acquired”.
Referring to claim 18 is objected upon dependent on claim 17.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT D AU whose telephone number is (571)272-5948. The examiner can normally be reached M-F. General 8am-5pm.
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/SCOTT D AU/Examiner, Art Unit 2624
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