DETAILED ACTION
The non-final office action is responsive to the filing of U.S. Patent Application 19/207,724 on 05/14/2025. Claims 1-20 are pending; claims 1-20 are rejected.
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 08/18/2025 was filed before the mailing date of the non-final office action. The submission is 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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12,363,056 B2 (hereinafter P056). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 1 of P056
A system comprising:
A system comprising:
at least one processor; and
at least one processor; and
memory coupled to the at least one processor and storing instructions that, when executed by the at least one processor, cause the at least one processor to perform operations comprising:
memory coupled to the at least one processor and storing instructions that, when executed by the at least one processor, cause the at least one processor to perform operations comprising:
accessing an image or video from a camera;
accessing an image from a camera;
identifying an article of clothing or an accessory in the image or video using image recognition;
identifying an article of clothing or an accessory in the image and a corresponding design of the clothing or accessory;
modifying an avatar by:
modifying an avatar by:
identifying an avatar associated with a user profile of a user; and
identifying user information of a user; customizing the avatar based on the identified user information; and
modifying an avatar clothing or avatar accessory worn by the avatar to include a digital representation of the article of clothing or the accessory; and
modifying an avatar clothing or avatar accessory worn by the avatar to include the design in the avatar clothing or avatar accessory;
causing to be displayed on a display screen the avatar wearing the modified avatar clothing or avatar accessory.
causing to be displayed on a display screen the avatar wearing the modified avatar clothing or avatar accessory; and
generating an updated image by causing the avatar performing an action and wearing the modified avatar clothing or avatar accessory to be overlaid on the image that includes the article of clothing.
Claims 1 of the instant application is obviously disclosed by patent claim 1 in that claim 1 of the patent obviously contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-20, claims 1-20 of P056 obviously disclose all limitations of claims 2-20 of the instant application. Accordingly, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,870,743 B1 (hereinafter P743). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 2 of P743
A system comprising:
A system comprising:
(Note: all limitations are from claim 1 unless specifically marked)
at least one processor; and
at least one processor; and
memory coupled to the at least one processor and storing instructions that, when executed by the at least one processor, cause the at least one processor to perform operations comprising:
memory coupled to the at least one processor and storing instructions that, when executed by the at least one processor, cause the at least one processor to perform operations comprising:
accessing an image or video from a camera;
accessing an image from a camera;
identifying an article of clothing or an accessory in the image or video using image recognition;
identifying an article of clothing in the image and a corresponding design of the clothing;
modifying an avatar by:
modifying an avatar associated with a user, wherein modifying the avatar comprises modifying an avatar outfit worn by the avatar to include the design in the clothing;
identifying an avatar associated with a user profile of a user; and
(from claim 2)The system of claim 1, wherein the operations further comprise: identifying a location associated with the user, a velocity associated with the user, an altitude associated with the user, mood or sentiment of previous messages associated with the user, or a past purchase made by the user.
modifying an avatar clothing or avatar accessory worn by the avatar to include a digital representation of the article of clothing or the accessory; and
modifying an avatar associated with a user, wherein modifying the avatar comprises modifying an avatar outfit worn by the avatar to include the design in the clothing;
modifying an avatar associated with a user, wherein modifying the avatar comprises modifying an avatar outfit worn by the avatar to include the design in the clothing;
causing to be displayed on a display screen the avatar wearing the modified avatar clothing or avatar accessory.
causing to be displayed on a display screen a plurality of selectable items, each of the plurality of selectable items including the avatar, wherein the avatar in each of the selectable items is wearing the modified avatar outfit and is depicted as performing individual actions, wherein each of the individual actions is different, a first avatar of a first selectable item being depicted as performing a first action of the individual actions;
Claims 1 of the instant application is obviously disclosed by patent claim 2 in that claim 2 of the patent obviously contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-20, claims 1-20 of P743 obviously disclose all limitations of claims 2-20 of the instant application. Accordingly, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 10,454,857 B1 (hereinafter P857). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 6 of P857
A system comprising:
A system comprising:
(Note: all limitations are from claim 1 unless specifically marked)
at least one processor; and
a processor;
a user interface coupled to the processor, the user interface comprising an input device and a display screen; and
memory coupled to the at least one processor and storing instructions that, when executed by the at least one processor, cause the at least one processor to perform operations comprising:
memory coupled to the processor and storing instructions that, when executed by the processor, cause the processor to perform operations comprising:
accessing an image or video from a camera;
(from claim 6) The system of claim 1, wherein the memory further stores instructions for causing the processor to perform operations comprising identifying the real-world factor by: receiving an image of the user; and identifying an article of clothing worn by the user in the image, wherein modifying the characteristic of the avatar comprises modifying an avatar outfit worn by the avatar, wherein the avatar outfit corresponds to the article of clothing worn by the user.
identifying an article of clothing or an accessory in the image or video using image recognition;
(from claim 6) The system of claim 1, wherein the memory further stores instructions for causing the processor to perform operations comprising identifying the real-world factor by: receiving an image of the user; and identifying an article of clothing worn by the user in the image, wherein modifying the characteristic of the avatar comprises modifying an avatar outfit worn by the avatar, wherein the avatar outfit corresponds to the article of clothing worn by the user.
modifying an avatar by:
modifying a characteristic of an avatar associated with the user based on the real-world factor, wherein modifying the characteristic of the avatar includes modifying an avatar outfit worn by the avatar, wherein the avatar outfit is associated with the first sports team; and
identifying an avatar associated with a user profile of a user; and
identifying a real-world factor associated with a user, wherein identifying the real-world factor includes: determining a geolocation associated with the user, identifying a sporting event venue associated with the geolocation, determining a first sports team and a second snorts team that are scheduled to appear at the sporting event venue within a threshold period from a current time, determining a residence location of the user, and determining that the first sports team is associated with the residence location of the user;
modifying an avatar clothing or avatar accessory worn by the avatar to include a digital representation of the article of clothing or the accessory; and
modifying a characteristic of an avatar associated with the user based on the real-world factor, wherein modifying the characteristic of the avatar includes modifying an avatar outfit worn by the avatar, wherein the avatar outfit is associated with the first sports team; and
causing to be displayed on a display screen the avatar wearing the modified avatar clothing or avatar accessory.
causing the avatar to be displayed on the display screen of the user interface.
Claims 1 of the instant application is obviously disclosed by patent claim 6 in that claim 6 of the patent contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-20, claims 1-20 of P857 obviously disclose all limitations of claims 2-20 of the instant application. Accordingly, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Allowable Subject Matter
Claims 1-20 are allowable over prior art references.
Note: the ODP rejections need to be overcome in order to allow the case.
The following is an examiner’s statement of reasons for allowance: the prior art references on record do not disclose “identifying an article of clothing or an accessory in the image or video using image recognition; modifying an avatar by: identifying an avatar associated with a user profile of a user; and modifying an avatar clothing or avatar accessory worn by the avatar to include a digital representation of the article of clothing or the accessory; and causing to be displayed on a display screen the avatar wearing the modified avatar clothing or avatar accessory.”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUOLEI ZONG whose telephone number is (571)270-7522. The examiner can normally be reached Monday-Friday 8:30AM-4:30PM IFP.
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/RUOLEI ZONG/Primary Examiner, Art Unit 2449 8/7/2026
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