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.
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 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.
DETAILED ACTION
Claims 1-20 are pending in this office action.
Priority
Priority is claimed to US provisional application# 63633149, filed 04/12/2024.
Information Disclosure Statement
The information disclosure statements (IDS's) submitted on 08/04/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered 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.
Claims 1-6, 10-13, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nagano et al. (US 2024/0046687 A1, hereinafter Nagano), in view of Silverstein et al. (US 2023/0254300 A1, Silverstein hereinafter).
For claim 1, Nagano teaches a method of receiving media data related to avatars usable in communication associated with authorization, the method comprising: receiving media data representing distinguishing elements of a user associated with an avatar to be presented during a communication session (Fig. 3; para 0043-0044 - avatar generation based on related distinguishing audio/video data corresponding to a user’s identity; avatars are integral part of AR application as also well-known in the art);
extracting authentication features representing the distinguishing elements of the user from the media data to produce extracted authentication features (para 0045 - features extraction corresponding to finger prints as the distinguishing elements of the user for authentication);
comparing the extracted authentication features to stored authentication features to authenticate use of the avatar by the user (para 0045-0046 - finger print matching and user identity verification); and
in response to authenticating use of the avatar by the user, presenting the avatar during the communication session (para 0048 - avatar not transmitted if user verification is not successful, i.e. avatars transmitted when user is verified).
Nagano does not explicitly teach, whereas Silverstein teaches augmented reality (AR) media data related to avatars and usable in AR communication session (para 0025-0026, 0028). Based on Nagano in view of Silverstein, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Silverstein in the system of Nagano, in order to utilize user media data associated with authentication elements and use of avatars, as well-known elements in augmented reality, thereby improving system’s versatility and security during AR applications.
For claim 2, Nagano in view of Silverstein teaches the claimed subject matter as discussed above. Nagano further teaches comparing the extracted authentication features comprises, in response to verifying authenticity of the stored authentication features, comparing the extracted authentication features to the stored authentication features (para 0021, 0045-0046, 0049 - finger print comparison and user identity verification). Although Nagano discloses encryption and secure use of authorization credentials (para 0042-0043), wherein credential and sensitive data security implementation using cryptographic techniques such as public-private key encryption is very commonly known in the art, Nagano does not explicitly disclose, however Silverstein teaches using a public key of the user to verify authenticity of stored authentication features corresponding to the avatar, and in response to verifying authenticity of the stored authentication features, comparing the extracted authentication features to the stored authentication features (para 0003-0005, 0026-0027, 0031, 0034). Based on Nagano in view of Silverstein, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Silverstein in the system of Nagano, in order to utilize a very commonly known security methods of using public key infrastructure for data security, thereby making data exchange mechanisms more robust.
For claim 3, Nagano in view of Silverstein teaches the claimed subject matter as discussed above in the method of claim 2. Although Nagano discloses encryption and secure use of authorization credentials (para 0042-0043), wherein credential and sensitive data security implementation using cryptographic techniques such as public-private key encryption/decryption is very commonly known in the art, Nagano does not explicitly disclose, however Silverstein teaches wherein using the public key of the user to verify the authenticity of the stored authentication features comprises decrypting data corresponding to the stored authentication features using the public key of the user (para 0003, 0026-0027, 0032-0035). Based on Nagano in view of Silverstein, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Silverstein in the system of Nagano, in order to utilize a very commonly known security methods of using public key infrastructure for data security, thereby making data exchange mechanisms more robust.
For claim 4, Nagano in view of Silverstein teaches the claimed subject matter as discussed above. Nagano further teaches wherein the distinguishing elements of the user include one or more of eyes, a mouth, or a face of the user, and wherein extracting the authentication features comprises extracting features representative of the one or more of the eyes, the mouth, or the face of the user from the media data (para 0039-0040, 0079).
For claim 5, Nagano in view of Silverstein teaches the claimed subject matter as discussed above in the method of claim 4. Nagano further teaches receiving data representing additional distinguishing elements of the user, the additional distinguishing elements including one or more of three-dimensional head features, vocal features, or light environment features (para 0039-0040 - landmark detection techniques could be applied to determine the coordinates of facial landmarks of the user within the frames of a video, and audio features include speaker identity features generated based on the audio data, and/or low level features such as pitch, intensity, and performance of a user whose voice is recorded in the audio data).
For claim 6, Nagano in view of Silverstein teaches the claimed subject matter as discussed above. Nagano further teaches wherein the extracted authentication features are represented by a three-dimensional model having points at three-dimensional coordinates corresponding to the extracted authentication features, and wherein comparing comprises calculating distances between the points corresponding to the extracted authentication features and comparing the calculated distances to pre-determined distances from the stored authentication features (para 0039-0040, 0049, 0067-0068 - feature extraction based on multi-dimensional model (6D in this case), distance computations, and comparison with predetermined or threshold distances).
For claim 10, Nagano in view of Silverstein teaches the claimed subject matter as discussed above. Nagano further teaches receiving animation data for the avatar, wherein presenting the avatar comprises animating the avatar according to the animation data (para 0039, 0043-0044- avatar extraction from video, and avatar comprising video implying animation data).
For claim 11, Nagano teaches a method of sending media data, the method comprising:
encrypting data representing authentication features corresponding to distinguishing elements of a first user associated with an avatar to be presented during a communication session (Fig. 3; para 0040, 0042-0044 - avatar generation based on related distinguishing audio/video data corresponding to a user’s identity, encryption and secure use of authorization credentials);
sending the encrypted data and the avatar to a second user (para 0042, 0064, 0077-0078, 0086, 0088-0089 - encrypted data transmittal to other application user); and
sending media streams of the distinguishing elements of the first user to the second user (para 0039, 0043-0044, 0076-0078 - identifier media including video may be sent to the second user).
Nagano does not explicitly teach, whereas Silverstein teaches augmented reality (AR) media data related to avatars and usable in AR communication session (para 0025-0026, 0028). Based on Nagano in view of Silverstein, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Silverstein in the system of Nagano, in order to utilize user media data associated with authentication elements and use of avatars, as well-known elements in augmented reality, thereby improving system’s versatility and security during AR applications.
For claim 12, Nagano in view of Silverstein teaches the claimed subject matter as discussed above. Nagano further teaches wherein the distinguishing elements of the user include one or more of eyes, a mouth, or a face of the first user, and wherein the authentication features comprise features extracted from media data corresponding to the one or more of the eyes, mouth, or face of the first user (para 0039-0040, 0079).
For claim 13, Nagano in view of Silverstein teaches the claimed subject matter as discussed above in the method of claim 12. Nagano further teaches sending data representing additional distinguishing elements of the first user, the additional distinguishing elements including one or more of three-dimensional head features, vocal features, or light environment features (para 0039-0040 - landmark detection techniques could be applied to determine the coordinates of facial landmarks of the user within the frames of a video, and audio features include speaker identity features generated based on the audio data, and/or low level features such as pitch, intensity, and performance of a user whose voice is recorded in the audio data).
For claim 17, Nagano in view of Silverstein teaches the claimed subject matter as discussed above. Nagano further teaches receiving one or more inputs from the first user representing movements of the first user; determining animation data corresponding to the movements of the first user; and sending the animation data to the second user (para 0039, 0043-0044- avatar extraction from received video comprising user movements, and avatar comprising video implying animation data; para 0042, 0064, 0077-0078, 0086, 0088-0089 - avatar data transmittal to other application user).
For claim 18, Nagano teaches a device for exchanging augmented reality media data, the device comprising: a memory configured to store AR media data; and a processing system comprising one or more processors implemented in circuitry (Fig. 1-2; para 0025, 0034) and configured to: receive media data representing distinguishing elements of a user associated with an avatar to be presented during a communication session (Fig. 3; para 0043-0044 - avatar generation based on related distinguishing audio/video data corresponding to a user’s identity; avatars are integral part of AR application as also well-known in the art);
extract authentication features representing the distinguishing elements of the user from the media data to produce extracted authentication features (para 0045 - features extraction corresponding to finger prints as the distinguishing elements of the user for authentication);
compare the extracted authentication features to stored authentication features to authenticate use of the avatar by the user (para 0045-0046 - finger print matching and user identity verification); and
in response to authenticating use of the avatar by the user, presenting the avatar during the communication session (para 0048 - avatar not transmitted if user verification is not successful, i.e. avatars transmitted when user is verified).
Nagano does not explicitly teach, whereas Silverstein teaches augmented reality (AR) media data related to avatars and usable in AR communication session (para 0025-0026, 0028). Based on Nagano in view of Silverstein, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Silverstein in the system of Nagano, in order to utilize user media data associated with authentication elements and use of avatars, as well-known elements in augmented reality, thereby improving system’s versatility and security during AR applications.
For claim 19, Nagano in view of Silverstein teaches the claimed subject matter as discussed above. Nagano further teaches wherein the avatar comprises a first avatar, the user comprises a first user, the distinguishing elements comprise first distinguishing elements, and the authentication features comprise first authentication features (Fig. 3; para 0040, 0042-0044 - avatar generation based on related distinguishing audio/video data corresponding to a first user’s identity, encryption and secure use of authorization credentials), and wherein the processing system is further configured to: encrypt second data representing authentication features corresponding to second distinguishing elements of a second user associated with a second avatar to be presented during the communication session to form second encrypted authentication features, the second user being a user of the device (Fig. 3; para 0040, 0042-0044 - avatar generation based on related distinguishing audio/video data corresponding to a user’s identity, encryption and secure use of authorization credentials);
send the second encrypted data and the second avatar to the first user (para 0042, 0064, 0077-0078, 0086, 0088-0089 - encrypted data transmittal to other application user); and
send media streams of the second distinguishing elements of the second user to the first user (para 0039, 0043-0044, 0076-0078 - identifier media including video may be sent to the second user).
Nagano does not explicitly teach, whereas Silverstein teaches augmented reality (AR) media data related to avatars and usable in AR communication session (para 0025-0026, 0028). Based on Nagano in view of Silverstein, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Silverstein in the system of Nagano, in order to utilize user media data associated with authentication elements and use of avatars, as well-known elements in augmented reality, thereby improving system’s versatility and security during AR applications.
For claim 20, Nagano in view of Silverstein teaches the claimed subject matter as discussed above. Nagano further teaches comparing the extracted authentication features comprises, in response to verifying authenticity of the stored authentication features, comparing the extracted authentication features to the stored authentication features (para 0021, 0045-0046, 0049 - finger print comparison and user identity verification). Although Nagano discloses encryption and secure use of authorization credentials (para 0042-0043), wherein credential and sensitive data security implementation using cryptographic techniques such as public-private key encryption/decryption is very commonly known in the art, Nagano does not explicitly disclose, however Silverstein teaches using a public key of the user to verify authenticity of the stored authentication features corresponding to the avatar, and in response to verifying authenticity of the stored authentication features, compare the extracted authentication features to the stored authentication features, wherein to use the public key to of the user to verify the authenticity of the stored authentication features (para 0003-0005, 0026-0027, 0031, 0034), and decrypting data corresponding to the stored authentication features using the public key of the user (para 0003, 0026-0027, 0032-0035). Based on Nagano in view of Silverstein, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Silverstein in the system of Nagano, in order to utilize a very commonly known security methods of using public key infrastructure for data security, thereby making data exchange mechanisms more robust.
Claims 7-9, 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Nagano et al. (US 2024/0046687 A1, hereinafter Nagano), in view of Silverstein et al. (US 2023/0254300 A1, Silverstein hereinafter), and further in view of Schwarz et al. (US 2023/0059516 A1, Schwarz hereinafter).
For claim 7, Nagano in view of Silverstein teaches the claimed subject matter as discussed above. Nagano discloses media file including the stored authentication features (para 0045-0046, 0049). Nagano in view of Silverstein does not explicitly disclose, however Schwarz teaches receiving an ISO base media file format (ISO BMFF)-formatted file including the stored authentication features (Fig. 7a; para 0131-0132, 0137, 0266, 0274-0275 - various elements of user features and content authorization via user control of media which is in ISO BMFF format).
For claim 8, Nagano in view of Silverstein and Schwarz teaches the claimed subject matter as discussed above in the method of claim 7. Although Nagano discloses the stored authentication features are included in an encrypted form with encryption and secure use of authorization credentials (para 0042-0043), and Silverstein also teaches wherein the stored authentication features are included in an encrypted form (para 0003-0005, 0026-0027, 0031, 0034), Nagano and Silverstein do not explicitly disclose, however Schwarz teaches wherein the media with author features data is included in an encoded metadata item box of the ISO BMFF-formatted file, which is ISO base media file format (ISO BMFF)-formatted file (Fig. 7a; para 0076-0077, 0131-0132, 0134-0137, 0266, 0274-0275 - various elements of user features and content authorization via user control of media which may be encoded and in ISO BMFF format, including media item metadata). Based on Nagano in view of Silverstein and Schwarz, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Silverstein and Schwarz in the system of Nagano, in order to utilize a very commonly known security methods of using public key infrastructure for data security, thereby making data exchange mechanisms more robust, together with utilizing a very commonly known media format of ISO BMFF in the field of encoded media presentation and control, thereby improving system’s features and security.
For claim 9, Nagano in view of Silverstein and Schwarz teaches the claimed subject matter as discussed above in the method of claim 7. Nagano further discloses formatted media file including the stored authentication features, wherein the media includes an item protection box indicating that the media includes the stored authentication features (para 0040, 0045-0046, 0049). Nagano in view of Silverstein does not explicitly disclose, however Schwarz teaches receiving an ISO base media file format (ISO BMFF)-formatted file including indication of the stored author-related features (Fig. 7a; para 0131-0132, 0134-0137, 0266, 0274-0275 - various elements of user features and content authorization via user control of media which is in ISO BMFF format, wherein the media with author features data is included in metadata item box of the ISO BMFF-formatted file, which is ISO base media file format (ISO BMFF)-formatted file, including media item metadata). Based on Nagano in view of Silverstein and Schwarz, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Schwarz in the system of Nagano in view of Silverstein, in order to utilize a very commonly known methods of utilizing media format of ISO BMFF in the field of encoded media presentation and control, thereby improving system’s features and security.
For claim 14, Nagano in view of Silverstein teaches the claimed subject matter as discussed above. Nagano further discloses wherein sending the encrypted data and the avatar comprises sending the encrypted authentication features and the avatar (para 0042-0043 - stored authentication features are provided in an encrypted form with encryption and secure use of authorization credentials), and Silverstein also teaches wherein the stored authentication features are included in an encrypted form (para 0003-0005, 0026-0027, 0031, 0034), Nagano and Silverstein do not explicitly disclose, however Schwarz teaches wherein the media with author features data is encoded and included in an encoded ISO base media file format (ISO BMFF)-formatted file (Fig. 7a; para 0076-0077, 0131-0132, 0134-0137, 0266, 0274-0275 - various elements of user features and content authorization via user control of media which may be encoded and in ISO BMFF format, including media item metadata).
For claim 15, Nagano in view of Silverstein and Schwarz teaches the claimed subject matter as discussed above in the method of claim 14. Although Nagano discloses the stored authentication features are included in an encrypted form with encryption and secure use of authorization credentials (para 0042-0043 - stored authentication features are provided in an encrypted form with encryption and secure use of authorization credentials), and Silverstein also teaches wherein the stored authentication features are included in an encrypted form (para 0003-0005, 0026-0027, 0031, 0034), Nagano and Silverstein do not explicitly disclose, however Schwarz teaches wherein the media with author features data is included in an encoded metadata item box of the ISO BMFF-formatted file, which is ISO base media file format (ISO BMFF)-formatted file (Fig. 7a; para 0076-0077, 0131-0132, 0134-0137, 0266, 0274-0275 - various elements of user features and content authorization via user control of media which may be encoded and in ISO BMFF format, including media item metadata). Based on Nagano in view of Silverstein and Schwarz, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Silverstein and Schwarz in the system of Nagano, in order to utilize a very commonly known security methods of using public key infrastructure for data security, thereby making data exchange mechanisms more robust, together with utilizing a very commonly known media format of ISO BMFF in the field of encoded media presentation and control, thereby improving system’s features and security.
For claim 16, Nagano in view of Silverstein and Schwarz teaches the claimed subject matter as discussed above in the method of claim 14. Nagano further discloses formatted media file including the stored authentication features, wherein the media includes an item protection box indicating that the media includes the encrypted stored authentication features (para 0040, 0045-0046, 0049). Nagano in view of Silverstein does not explicitly disclose, however Schwarz teaches receiving an ISO base media file format (ISO BMFF)-formatted file including indication of the stored encoded author-related features (Fig. 7a; para 0131-0132, 0134-0137, 0266, 0274-0275 - various elements of user features and content authorization via user control of media which is in ISO BMFF format, wherein the media with author features data is included in metadata item box of the ISO BMFF-formatted file, which is ISO base media file format (ISO BMFF)-formatted file, including media item metadata). Based on Nagano in view of Silverstein and Schwarz, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to utilize teachings of Schwarz in the system of Nagano in view of Silverstein, in order to utilize a very commonly known methods of utilizing media format of ISO BMFF in the field of encoded media presentation and control, thereby improving system’s features and security.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (1) Alberto - US 20240163284 A1 (A system for authenticating an avatar associated with a user within a metaverse using biometric indicators); (2) Patel - US 20230344829 A1 (Multifactor authentication for information security within a metaverse); (3) Cova - EP 4629647 A1 (Carriage format for avatar mapping and animation) - are cited to show methods, computer program products and systems pertinent to secure use of avatars in augmented reality.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAYESH JHAVERI whose telephone number is (571)270-7584. The examiner can normally be reached on Mon-Fri 9 AM to 5 PM.
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/JAYESH M JHAVERI/ Primary Examiner, Art Unit 2433
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