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 .
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.
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11860981. Although the claims at issue are not identical, they are not patentably distinct from each other.
The table below helps illustrate the double patenting rejection.
Claim 1 of Instance Application
Claim 1 of U.S. Patent No. 11860981
A method comprising:
identifying, by a computing system, images of a user performing a movement, the images
comprising markerless motion capture data of the user performing the movement;
extracting, by the computing system, a plurality of reference points from the markerless motion capture data of the user performing the movement, the plurality of reference points comprising references points related to a body, a face, and hands of the user performing the movement;
retargeting, by the computing system, the plurality of reference points to a model of an
avatar associated with the user, and wherein retargeting the plurality of reference points animates the model of the avatar to perform the movement performed by the user as the user performs the movement; and
rendering, by the computing system, a video comprising the markerless motion capture
data of the user retargeted to the model of the avatar causing a body, a face, and hands of the avatar to be animated simultaneously to reflect movements of the body, the face, and the hands of the user performing the movement.
A method comprising: capturing, by a camera of a computing system, markerless motion data of a user performing a movement, the capturing comprising: capturing a first portion of the markerless motion data of the user, wherein the first portion of the markerless motion data of the user is captured within a threshold distance of the camera, the capturing comprising identifying a first plurality of points of the user to focus on, and capturing a second portion of the markerless motion data of the user, wherein the second portion of the markerless motion data of the user is capture outside the threshold distance of the camera, the capturing comprising identifying a second plurality of points of the user to focus on, wherein the first plurality of points includes at least one point not included in the second plurality of points and wherein the second plurality of points includes at least one point not included in the first plurality of points; retargeting, by the computing system, the first plurality of points and the second plurality of points to a three-dimensional model of an avatar associated with the user, wherein the avatar is associated with an identity non-fungible token that uniquely represents the user across Web2 environments and Web3 environments, and wherein retargeting the first plurality of points and the second plurality of points animates the three-dimensional model of the avatar to perform the movement performed by the user as the user performs the movement in real-time; in real-time, locally rendering, by the computing system, a video comprising the markerless motion data of the user retargeted to the three-dimensional model of the avatar causing hands, face, and body of the avatar to be animated in real-time; and causing, by the computing system, a non-fungible token to be generated, the non-fungible token uniquely identifying ownership of the video.
As illustrated above, while not identical, claim 1 of the instance application is not patentably distinct from claim 1 of the U.S. Patent because the claims are anticipated/obvious in view of the claims of the U.S. Patent. Claims 2-20 are similarly rejected for at least the reasons above.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12306910. Although the claims at issue are not identical, they are not patentably distinct from each other.
The table below helps illustrate the double patenting rejection.
Claim 1 of Instance Application
Claim 1 of U.S. Patent No. 12306910
A method comprising:
identifying, by a computing system, images of a user performing a movement, the images comprising markerless motion capture data of the user performing the movement;
extracting, by the computing system, a plurality of reference points from the markerless motion capture data of the user performing the movement, the plurality of reference points comprising references points related to a body, a face, and hands of the user performing the movement;
retargeting, by the computing system, the plurality of reference points to a model of an
avatar associated with the user, and wherein retargeting the plurality of reference points animates the model of the avatar to perform the movement performed by the user as the user performs the movement; and
rendering, by the computing system, a video comprising the markerless motion capture
data of the user retargeted to the model of the avatar causing a body, a face, and hands of the avatar to be animated simultaneously to reflect movements of the body, the face, and the hands of the user performing the movement.
A method comprising: capturing, by a camera associated with a computing system, markerless motion data of a user performing a movement, the capturing comprising: capturing a first portion of the markerless motion data of the user, wherein the first portion of the markerless motion data of the user is captured within a threshold distance of the camera, the capturing comprising identifying a first plurality of points of the user to focus on, and capturing a second portion of the markerless motion data of the user, wherein the second portion of the markerless motion data of the user is capture outside the threshold distance of the camera, the capturing comprising identifying a second plurality of points of the user to focus on, wherein the first plurality of points includes at least one point not included in the second plurality of points and wherein the second plurality of points includes at least one point not included in the first plurality of points; retargeting, by the computing system, the first plurality of points and the second plurality of points to a three-dimensional model of an avatar associated with the user, and wherein retargeting the first plurality of points and the second plurality of points animates the three-dimensional model of the avatar to perform the movement performed by the user as the user performs the movement in real-time; and in real-time, locally rendering, by the computing system, a video comprising the markerless motion data of the user retargeted to the three-dimensional model of the avatar causing hands, face, and body of the avatar to be animated in real-time.
As illustrated above, while not identical, claim 1 of the instance application is not patentably distinct from claim 1 of the U.S. Patent because the claims are anticipated/obvious in view of the claims of the U.S. Patent. Claims 2-20 are similarly rejected for at least the reasons above.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 4-9, 12-17, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al. (US 20130100140).
Re claim 1, Ye teaches a method comprising:
identifying, by a computing system, images of a user performing a movement, the images comprising markerless motion capture data of the user performing the movement ([0006] One aspect of the present invention is directed to a 3D camera human body and facial animation system which includes a 3D camera having an image sensor and a depth sensor with a same fixed focal length and image resolution, an equal field of view (FOV) and an aligned image center. A system software for the 3D camera human body and facial animation system includes a user GUI, an animation module and a tracking module. The system software of the animation system provides the following functions: on-line tracking via the User GUI and command process, and tracking and animation integration; and off-line learning via building an avatar (face, character) model, and tracking parameters learning).
extracting, by the computing system, a plurality of reference points from the markerless
motion capture data of the user performing the movement, the plurality of reference points
comprising references points related to a body, a face, and hands of the user performing the
movement (see Fig. 1a, showing reference points on a face of a user), and ([0007] Another aspect of the present invention is directed to an algorithm of object detection for the on-line tracking function of the aforementioned system software for the 3D camera human body and facial animation system which includes the following steps: (1) detecting and assessing a distance of an object in a depth map from a 3D camera; (2) if the object is located near a predefined distance (see FIG. 2) marked "Distance 1" as measured from the 3D camera and is accompanying a very deep background scene, meaning that the background scene comprising scenery occupying regions that are located at a significantly large or lengthy distance away from 3D camera, the object is then recognized and identified as being a face, and a face tracking procedure (for obtaining a face region) is performed; (3) if the object is located near a predefined distance (see FIG. 2) marked "Distance 2" and is recognized to resemble a whole body of a person, the object is then identified as a body, and a body tracking procedure (for obtaining a body region) is performed; and (4) if the object is detected to be located in between Distance 1 and Distance 2, a `face and hand gesture` detection procedure (for obtaining the face region and a hand region) is performed).
retargeting, by the computing system, the plurality of reference points to a model of an
avatar associated with the user, and wherein retargeting the plurality of reference points animates the model of the avatar to perform the movement performed by the user as the user performs the movement ([0006] One aspect of the present invention is directed to a 3D camera human body and facial animation system which includes a 3D camera having an image sensor and a depth sensor with a same fixed focal length and image resolution, an equal field of view (FOV) and an aligned image center. A system software for the 3D camera human body and facial animation system includes a user GUI, an animation module and a tracking module. The system software of the animation system provides the following functions: on-line tracking via the User GUI and command process, and tracking and animation integration; and off-line learning via building an avatar (face, character) model, and tracking parameters learning), ([0003] Recently, 3D camera has become a reality for commercial market adoption. Although 3D camera can capture a depth map and a color 2D image at one snap shot, the current conventional developed usages are mostly focused on the `3D` aspect of the depth map to extract the necessary information. For example, the skeleton of a body (including the joint points of a hand, a leg, etc.) is extracted to drive a full body puppet to be dancing or striking a ball using a bat in a sport gaming animation system), and ([0047] FIGS. 8-11 show the images captured from the image sensor, the depth map captured from the depth sensor and the corresponding image of the animated avatar. Incorporated with FIGS. 8-11, a method for providing avatar or puppet animation is provided. The method for providing avatar or puppet animation includes the following steps: [0048] (a) Assume that an image resolution, an image center and a FOV are aligned in the image and depth sensors. [0049] (b) At a distance D (for example, the Distance 2 in FIG. 2a) with an initial focal length f, the image sensor and the depth sensor can both detect and capture the full body image, but the face portion of such full body image is visibly too small for facial extraction by the image sensor (referring to FIG. 8). [0050] (c) The focal length of the image sensor is then adjusted to f', the depth map still captures the full body region while the focal length is kept at f as shown in FIG. 10, but the face region is enlarged to perform facial detail extraction in the image shown in FIG. 9. [0051] (d) The body region and the face region are then extracted in the depth map shown in FIG. 10. [0052] (e) The face region area extracted from the depth map is being cut out, so as to be replaced by the face region captured in the image sensor (FIG. 8) at f comprising of higher image details, and the face region is then enlarged in size, and by using the equations in FIG. 7, the facial image details are enlarged to form a part of the full body image at f' as shown in FIG. 9. In other words, the facial image details found in the full body image at f' shown in FIG. 9 is extracted from the image data obtained within the mapped face region captured by the image sensor. FIG. 11 shows the animated avatar with the full body and the higher image details face region at focal length f. Here, the animated avatar having a combined full body and higher image details face region is provided for animation).
Furthermore, Ye obviously teaches rendering, by the computing system, a video comprising the markerless motion capture data of the user retargeted to the model of the avatar causing a body, a face, and hands of the avatar to be animated simultaneously to reflect movements of the body, the face, and the hands of the user performing the movement ([0031] FIGS. 3a.about.3b shows an example of facial animation according to an embodiment of the present invention. In FIG. 3a, face tracking is applied on an inputted 2D image captured with the 3D camera 20. In FIG. 3b, the extracted face shape is used to drive a Na'vi movie character face image from the movie called Avatar to act upon the same facial expressions and to be displayed on a screen (to be overlapped on a depth map which is captured with the same 3D camera 20), ([0032] FIGS. 4a.about.4b show an example of body animation according to an embodiment of the present invention. Referring to FIG. 4a, an animated puppet with a same posture as that of an extracted body is shown. The extracted body as obtained from the depth map of the 3D camera 20 is shown in FIG. 4b), and (see [0047], in reference to Fig. 11, wherein FIG. 11 shows the animated avatar with the full body and the higher image details face region at focal length f. Here, the animated avatar having a combined full body and higher image details face region is provided for animation). Ye obviously teaches, in another embodiment, a video comprising the markerless motion capture data of the user retargeted to the model of the avatar causing a body, a face, and hands of the avatar to be animated simultaneously to reflect movements of the body, the face, and the hands of the user performing the movement.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ye’s system of markerless motion capture to explicitly include rendering, by the computing system, a video comprising the markerless motion capture data of the user retargeted to the model of the avatar causing a body, a face, and hands of the avatar to be animated simultaneously to reflect movements of the body, the face, and the hands of the user performing the movement, as taught in an embodiment of Ye, as it is pertinent to the problem of motion capture of a user for rendering. An advantage of the modification is that it achieves the result of rendering the markerless motion capture for further viewing and processing based on the needs of the user, as well as combining other modification embodiments to realize the system taught by Ye.
Re claim 4, Ye teaches claim 1. Furthermore, Ye teaches wherein the plurality of reference points comprises a first set of reference points captured using a first modality and a second set of reference points captured using a second modality ([0007] Another aspect of the present invention is directed to an algorithm of object detection for the on-line tracking function of the aforementioned system software for the 3D camera human body and facial animation system which includes the following steps: (1) detecting and assessing a distance of an object in a depth map from a 3D camera; (2) if the object is located near a predefined distance (see FIG. 2) marked "Distance 1" as measured from the 3D camera and is accompanying a very deep background scene, meaning that the background scene comprising scenery occupying regions that are located at a significantly large or lengthy distance away from 3D camera, the object is then recognized and identified as being a face, and a face tracking procedure (for obtaining a face region) is performed; (3) if the object is located near a predefined distance (see FIG. 2) marked "Distance 2" and is recognized to resemble a whole body of a person, the object is then identified as a body, and a body tracking procedure (for obtaining a body region) is performed; and (4) if the object is detected to be located in between Distance 1 and Distance 2, a `face and hand gesture` detection procedure (for obtaining the face region and a hand region) is performed). For motivation, see claim 1.
Re claim 5, Ye teaches claim 4. Furthermore, Ye teaches wherein the first modality is based on the user being within a threshold distance of a camera capturing the images of the user ([0007] Another aspect of the present invention is directed to an algorithm of object detection for the on-line tracking function of the aforementioned system software for the 3D camera human body and facial animation system which includes the following steps: (1) detecting and assessing a distance of an object in a depth map from a 3D camera; (2) if the object is located near a predefined distance (see FIG. 2) marked "Distance 1" as measured from the 3D camera and is accompanying a very deep background scene, meaning that the background scene comprising scenery occupying regions that are located at a significantly large or lengthy distance away from 3D camera, the object is then recognized and identified as being a face, and a face tracking procedure (for obtaining a face region) is performed; (3) if the object is located near a predefined distance (see FIG. 2) marked "Distance 2" and is recognized to resemble a whole body of a person, the object is then identified as a body, and a body tracking procedure (for obtaining a body region) is performed; and (4) if the object is detected to be located in between Distance 1 and Distance 2, a `face and hand gesture` detection procedure (for obtaining the face region and a hand region) is performed). Ye teaches a first modality based on the user being within a first distance. For motivation, see claim 1.
Re claim 6, Ye teaches claim 5. Furthermore, Ye teaches wherein the second modality is based on the user being outside the threshold distance of the camera capturing the images of the user. ([0007] Another aspect of the present invention is directed to an algorithm of object detection for the on-line tracking function of the aforementioned system software for the 3D camera human body and facial animation system which includes the following steps: (1) detecting and assessing a distance of an object in a depth map from a 3D camera; (2) if the object is located near a predefined distance (see FIG. 2) marked "Distance 1" as measured from the 3D camera and is accompanying a very deep background scene, meaning that the background scene comprising scenery occupying regions that are located at a significantly large or lengthy distance away from 3D camera, the object is then recognized and identified as being a face, and a face tracking procedure (for obtaining a face region) is performed; (3) if the object is located near a predefined distance (see FIG. 2) marked "Distance 2" and is recognized to resemble a whole body of a person, the object is then identified as a body, and a body tracking procedure (for obtaining a body region) is performed; and (4) if the object is detected to be located in between Distance 1 and Distance 2, a `face and hand gesture` detection procedure (for obtaining the face region and a hand region) is performed). Ye teaches a second modality based on the user being at distance 2, outside the first Distance 1. For motivation, see claim 1.
Re claim 7, Ye teaches claim 6. Furthermore, Ye teaches wherein the first set of reference points comprises at least one reference point not included in the second set of reference points and wherein the second set of reference points includes at least one reference points not included in the first set of reference points (see Fig. 1a, facial reference points) and . ([0007] Another aspect of the present invention is directed to an algorithm of object detection for the on-line tracking function of the aforementioned system software for the 3D camera human body and facial animation system which includes the following steps: (1) detecting and assessing a distance of an object in a depth map from a 3D camera; (2) if the object is located near a predefined distance (see FIG. 2) marked "Distance 1" as measured from the 3D camera and is accompanying a very deep background scene, meaning that the background scene comprising scenery occupying regions that are located at a significantly large or lengthy distance away from 3D camera, the object is then recognized and identified as being a face, and a face tracking procedure (for obtaining a face region) is performed; (3) if the object is located near a predefined distance (see FIG. 2) marked "Distance 2" and is recognized to resemble a whole body of a person, the object is then identified as a body, and a body tracking procedure (for obtaining a body region) is performed; and (4) if the object is detected to be located in between Distance 1 and Distance 2, a `face and hand gesture` detection procedure (for obtaining the face region and a hand region) is performed). Ye teaches a first set of reference points comprises at least one reference point not included in the second set of reference points (distance 1 face tracking procedure performed on at least one reference point not associated with distance 2) and wherein the second set of reference points includes at least one reference points not included in the first set of reference points (distance 2 body tracking procedure performed on at least one reference point not associated with distance 1). For motivation, see claim 1.
Re claim 8, Ye teaches claim 1. Furthermore, Ye teaches merging, by the computing system, the first set of reference points and the second set of reference points ([0046] Moreover, according to another embodiment of a 3D camera human body and facial animation system, the 3D animation system includes a zoom lens 3D camera. The zoom lens 3D camera includes an image sensor with an adjustable focal length and a depth sensor with a fixed focal length. A strategy for maintaining a distance (D) of the object (O) to be unchanged or constant located at a far distance away from the zoom lens 3D camera for obtaining a combined simultaneous full body and detailed face tracking is achieved in the another embodiment of the present invention. Referring to FIG. 6, in this embodiment, image formation with different focal lengths obtained via the zoom lens 3D camera is shown. When the object is found to be located at a far distance (i.e., Distance 2 in FIG. 2a), a combined image comprising of facial image details as well as the full body posture is derived and produced. The issues caused by the conventional 3D camera having the fixed focal length as shown in FIG. 2a is that the face shown is visibly too small, and a significant amount of the feature details for the face region are lost when detecting the facial shape at the extended far reaching distance. To overcome the aforementioned issues, this embodiment of the present invention is configured with a 3D camera having a zoom lens (for imaging only) to zoom in on the object to capture significant amount of detailed face feature data (facial image details). To maintain the Distance (D) of the object (O) to remain unchanged and to have the face feature details as shown in FIG. 6, an image formation equation for zoomed focal length (f) and resized image (I') is applied as shown in FIG. 7, where I represents the face size at a focal length f, and I' represents the face size at a focal length f' which becomes large enough for performing face tracking). For motivation, see claim 1.
Claim 9 claims limitations in scope to claim 1 and is rejected for at least the reasons above.
Claim 12-16 claims limitations in scope to claim 4-8 and is rejected for at least the reasons above.
Claim 17 claims limitations in scope to claim 1 and is rejected for at least the reasons above.
Claim 20 claims limitations in scope to claim 4 and is rejected for at least the reasons above.
Claim(s) 2, 10, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al. (US 20130100140) in view of Chen et al. (US 20190035149).
Re claim 2, Ye teaches claim 1. Ye does not explicitly teach generating, by the computer system, a second video having a higher quality than the rendered video.
However, Chen teaches generating, by the computer system, a second video having a higher quality than the rendered video ([0016] The method may be one wherein the at least one 2D image of the user's face is acquired via the network communication, from a smartphone including a camera), ([0233] Generating a good appearance model (i.e. the texture map) is another challenging task. A high quality texture map plays an important role in realistic rendering. For example the perceived render quality of a less accurate 3D model can be easily improved by attaching a high quality texture map. Similarly, an inadequate texture map can deteriorate the result significantly even though underlying geometry is good enough), ([0362] The second approach we provide is to use an interactive UI to help users refine their 3D body avatar and edit their own body tone easily. The UI is built based on a dimension reduction algorithm (e.g. PCA), which models the distribution of 3D modelling error of the body shape regressor and allows the users to fill in their missing body shape variation efficiently).
Ye and Chen teaches claim 2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ye’s animation of a user using markerless motion capture to explicitly include generating a second video having a higher quality than a rendered video, as taught by Chen, as the references are in the analogous art of markerless motion capture for animation. An advantage of the modification is that it achieves the result of using allowing for generation of videos of varying qualities for cost-based rendering, such as higher quality videos that look better versus lower quality videos that are smaller in size and quicker to process.
Claim 10 claims limitations in scope to claim 1 and is rejected for at least the reasons above.
Claim 18 claims limitations in scope to claim 1 and is rejected for at least the reasons above.
Claim(s) 3, 11, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al. (US 20130100140) in view of Butcher et al. (US 20210382544).
Re claim 3, Ye teaches claim 1. Ye does not explicitly teach wherein rendering, by the computing system, a video comprising the markerless motion capture data of the user retargeted to the model of the avatar causing the body, the face, and the hands of the avatar to be animated simultaneously to reflect movements of the body, the face, and the hands of the user performing the movement comprises:
generating a preview of content in the video.
However, Butcher teaches wherein rendering, by the computing system, a video comprising the markerless motion capture data of the user retargeted to the model of the avatar causing the body, the face, and the hands of the avatar to be animated simultaneously to reflect movements of the body, the face, and the hands of the user performing the movement comprises:
generating a preview of content in the video ([0130] In some embodiments, display generation component 730 enables display of CGR environment 720 and avatar 725 for a user of the computer system. In some embodiments, the computer system further displays, via display generation component 730, preview 735, which includes a representation of the appearance of the user of the computer system in CGR environment 720. In other words, preview 735 shows the user of the computer system how they appear in CGR environment 720 to other users viewing CGR environment 720. In the embodiment shown in FIG. 7C, preview 735 shows the user of the computer system (e.g., a user different from user 701) that they appear as a female avatar character having variable display characteristics).
Ye and Butcher teaches claim 3. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ye’s animation of a user to present an avatar to explicitly include generating a preview of content in the video, as taught by Butcher, as the references are in the analogous art of avatar generation of a user. An advantage of the modification is that it achieves the result generating a preview to show a user how they will appear as an avatar, such as a female avatar.
Claim 11 claims limitations in scope to claim 3 and is rejected for at least the reasons above.
Claim 19 claims limitations in scope to claim 3 and is rejected for at least the reasons above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Peter Hoang whose telephone number is (571)270-1346. The examiner can normally be reached Monday-Friday 8:00 am - 5:00 pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hajnik F. Daniel can be reached at (571) 272-7642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER HOANG/Primary Examiner, Art Unit 2616
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