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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 7-9, 15-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over CHEN et al (US 12688628) in view of MANDEL et al (US 20230252709).
As per claim 1, Chen teaches the claimed “interaction method”, comprising: “displaying a setting interface for a user, wherein the setting interface displays, in a first region, a set of static representations corresponding to a set of avatars, and the set of avatars are generated based on obtained image of the user” (Chen, column 5, lines 34-52 - In some examples set forth herein, static (non-moving) avatar poses and static avatar stickers are discussed; column 8, lines 56-64 - The interface can be a surface or entry way for customization of an avatar sticker. The interface can include an option 302 for the user to create or customize an avatar pose. The interface also can include a listing 304 of avatar poses. The listing 304 of avatar poses can include any number of avatar poses. For example, the listing 304 of avatar poses can be scrollable by the user to facilitate their consideration by the user; column 8, lines 4-25 - The interface can include a shutter button to allow the user to generate or capture an image (or video) from the presented avatar of the user. The customization module 106 can create a static avatar pose based on capture of an image and a dynamic (or animated) avatar pose based on capture of a video); “displaying, based on a selection of a target static representation in the set of static representations, in a second region of the setting interface, a target dynamic representation corresponding to the target static representation, wherein the target static representation and the target dynamic representation are associated with a target avatar” (Chen, column 5, lines 34-52 - The present technology also can apply to dynamic (moving) or animated avatar poses and dynamic or animated avatar stickers; column 8, lines 56-64 - The interface also can include a listing 304 of avatar poses. The listing 304 of avatar poses can include any number of avatar poses; column 8, lines 4-25 - The interface can include a shutter button to allow the user to generate or capture an image (or video) from the presented avatar of the user. The customization module 106 can create a static avatar pose based on capture of an image and a dynamic (or animated) avatar pose based on capture of a video) (Noted: the dynamic avatar can be created from the selected static avatar; e.g., see Mandel, [0025] - The extracted portions of the user image may then be embodied in an avatar(s) and animated according to the form of animation chosen by the user, and an animated sequence may be assembled by compositing the avatar and animation of the extracted portions of the composite image with the background scene chosen by the user); and “associating the target avatar to the user” (Chen, column 2, lines 25-41 - An increasingly popular form of online self expression is through use of an avatar. Instead of a traditional profile picture to represent oneself, a user may instead choose an avatar. An avatar representing the user can convey various features and characteristics of the user, including physical and non-physical traits of the user. An avatar typically can be a digital character representation of the user). Thus, it would have been obvious, in view of Mandel, to represent a list of static avatars and their corresponding dynamic avatars created from the static avatar. The motivation is to improve the representative characteristic of the selected avatar through its animation.
Claim 2 adds into claim 1 “presenting at least one of the target static representation or the target dynamic representation on a page associated with the user” (Chen, column 5, lines 34-52 - In some examples set forth herein, static (non-moving)
avatar poses and static avatar stickers are discussed. The present technology also can apply to dynamic (moving) or animated avatar poses and dynamic or animated avatar
stickers; column 8, lines 56-64 - The interface also can include a listing 304 of avatar poses. The listing 304 of avatar poses can include any number of avatar poses).
Claim 7 adds into claim 1 “in response to a second posting request received in the setting interface, posting a second content item associated with the target avatar” (Chen, column 6, lines 39-61 - The interface also can include a listing 214 of pre-generated avatar stickers. In some instances, the listing 214 of pre-generated avatar stickers can include tens, hundreds, or even thousands of avatar stickers… The avatar stickers in the listing 214 of pre-generated avatar stickers are not limited to any type, portion, or subset of avatar stickers available to or associated with the user through the content sharing or communication platform or system).
Claim 8 adds into claim 1 “wherein the target static representation comprises a target image frame of a plurality of image frames of the target dynamic representation” (Chen, column 8, lines 22-25 – The customization module 106 can create a static avatar pose based on capture of an image and a dynamic ( or animated) avatar pose based on capture of a video; Mandel, [0025] - The extracted portions of the user image may then be embodied in an avatar(s) and animated according to the form of animation chosen by the user, and an animated sequence may be assembled by compositing the avatar and animation of the extracted portions of the composite image with the background scene chosen by the user). Thus, it would have been obvious, in view of Mandel, to represent a list of static avatars and their corresponding dynamic avatars created from the static avatar. The motivation is to improve the representative characteristic of the selected avatar through its animation.
Claim 9 adds into claim 1 “wherein the set of avatars are generated through: obtaining at least one reference image based on an operation of the user; acquiring a visual model based on the at least one reference image; generating, based on the visual model, a plurality of dynamic image contents corresponding to a plurality of actions; and constructing the set of avatars based on the plurality of dynamic image contents” (Mandel, [0025] - The extracted portions of the user image may then be embodied in an avatar(s) and animated according to the form of animation chosen by the user, and an animated sequence may be assembled by compositing the avatar and animation of the extracted portions of the composite image with the background scene chosen by the user). Thus, it would have been obvious, in view of Mandel, to represent a list of static avatars and their corresponding dynamic avatars created from the static avatar. The motivation is to improve the representative characteristic of the selected avatar through its animation.
Claim 15 adds into claim 1 “generating a set of materials associated with the set of avatars; and displaying the set of materials with a highlighted outline” (Chen, column 9, lines 54-62 - In FIG. 4, a view 400 of the interface of the application can be presented to the user. The interface can be a surface or entry way for customization of an avatar sticker through capture of a selfie image (or video). The interface can include an option 402 for the user to select a selfie mode. As shown, the option 402 is highlighted because the selfie mode has been selected).
Claims 16-17, 20 claim a device and a non-transitory computer readable storage medium based on the method of claims 1-2, 7-9, and 15; therefore, they are rejected under a similar rationale.
Claims 3-6 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over CHEN et al (US 12688628) in view of MANDEL et al (US 20230252709), and further in view of GEIGER et al (US 10169897).
Claim 3 adds into claim 1 “receiving a sliding operation associated with the second region; and in response to the sliding operation, switching a first background from a first background style to a second background style, wherein the first background is associated to a target region of at least one of the target static representation or the target dynamic representation” which Chen suggests in his avatar’s background creation (e.g. Chen, column 9, lines 23-32 - The interface can provide a section 332 containing a variety of backgrounds. The backgrounds can include stock backgrounds and backgrounds (e.g., images) selected or generated by the user. The user can select a particular background from the section 332 to use as a background for the avatar sticker. Once the background is selected, a button 334 can be selected to advance in the process to customize an avatar sticker); furthermore, it is noted that Chen does not teach “a slide” for changing the avatar’s background; however, Geiger teach the use of a slide for interactively changing the object’s parameters (Geiger, column 41, lines 28-33 - In some embodiments, the modifying the sticker 256 in accordance with block 646 comprises adding a background scene 266 to the sticker 256 using the affordance. FIG. 15 illustrates one such background scene 266, which is highlighted with a dotted line (which is not part of the sticker 256); column 38, lines 60-64 - Referring to block 638 of FIG. 6G, in some embodiments, the client application 236 provides, at a time after receiving the first electronic communication 252, a second affordance (e.g., a check box, a radio button, a slide bar, an input field, a radio button, a drop-down menu, a shopping cart, etc.); column 44, lines 55-61 - The bridge tool 1902 serves as a way to acquire assets from commercial packages that serve as the props 262, foreground elements 264, and background 266 of scenes). Noted: Geiger’s slide bar (e.g., column 38, lines 60-64), conventionally known for adjusting parameters of image representation (e.g., Geiger’s emotional slide 1602, column 34, line 62 to column 35, line 10 - First user selection of each different portion 1604 of the emotion slide bar 1602 displays a different emotion on the first avatar in the sticker from a discrete set of emotions. In some embodiments, the slide bar includes five or more portions each representing a different emotion, ten or more portions each representing a different emotion, or 25 or more portions each representing a different emotion. Responsive to receiving a user swipe of the emotion slide bar, the different emotion displayed on the version 258 of the first avatar in the sticker is changed to the emotion associated with the different portion of the emotion slide bar in which the user swipe ended. For instance, referring to FIG. 16, portion 1604-1 of the emotion slide bar 1602 is associated with the emotion “angry” while portion 1604-2 of the emotion slide bar 1602 is associated with some other emotion other than angry) suggests an implementation of a background bar to modify the avatar’s background representation by changing its parameters and/or characteristics. Specifically, based on the teaching of Geiger’s emotional slide 1602, a background slide can be similarly implemented such as “different portion of the background slide bar associates the display a different background on the first avatar; responsive to receiving a user swipe of the background slide bar, the different background displayed on the avatar in the sticker is changed to a background associated with the different portion of the background slide bar in which the user swipe ended. Thus, it would have been obvious, in view of Mandel and Geiger, to configure Chen’s as claimed by using an interactive slide to change the background of the avatar’s representation. The motivation is to improve the user’s interaction on editing the avatar’s image.
Claim 4 adds into claim 3 “wherein the first background style or the second background style indicates at least one of a background color or a background pattern displayed within the target region” (Chen, column 9, lines 23-32 - The interface can provide a section 332 containing a variety of backgrounds. The backgrounds can include stock backgrounds and backgrounds (e.g., images) selected or generated by the user. The user can select a particular background from the section 332 to use as a background for the avatar sticker. Once the background is selected, a button 334 can be selected to advance in the process to customize an avatar sticker) (Mandel, [0025] - The user may then choose the form of animation (e.g., climbing, running, walking, playing) they desire, and may choose a background scene in which they wish their image to appear… an animated sequence may be assembled by compositing the avatar and animation of the extracted portions of the composite image with the background scene chosen by the user; Geiger, Figures 20-21; column 45, lines 14-39 - The designer can use the bridge tool 1902 tool once the sticker 256 is ready to be sent out to users so that such users can get the electronic communication 252 conveying the event and the proposed sticker 256 that shows the altered avatar 258 reacting to the event, within their respective client applications 236; column 43, line 64 to column 44, line 6 - Panels 1920 “User Avatar” and 1922 “Friend Avatar” allow the designer to input the data from a commercial software package to position an avatar 238 to thereby form altered avatar 258. For instance, the designer can use panels 1920 and 1922 to adjust avatar body positions (e.g., place the avatar's arm up, place the avatar's leg up, etc.) The designer, illustrator, and/or animator can also upload other assets to do some facial modification. The designer, illustrator, and/or animator can also upload full avatar body movement/animations). Thus, it would have been obvious, in view of Mandel and Geiger, to configure Chen’s as claimed by using background color or pattern of the avatar’s representation to indicate the background’s style. The motivation is to improve the user’s interaction on editing the avatar’s image.
Claim 5 adds into claim 4 “wherein the target region has a shape corresponding to a component of the target avatar, and the component is configured to display at least one of the target static representation or the target dynamic representation with the second background style applied” (Geiger, Figures 20-21 - collectively illustrate stickers in which components within the sticker are animated in accordance with an embodiment of the present disclosure; column 41, lines 28-33 - In some embodiments, the modifying the sticker 256 in accordance with block 646 comprises adding a background scene 266 to the sticker 256 using the affordance. FIG. 15 illustrates one such background scene 266, which is highlighted with a dotted line (which is not part of the sticker 256). The background scene 266 of FIG. 15, by way of illustration, includes birds being targeted with guns; Mandel, [0025] - The user may then choose the form of animation (e.g., climbing, running, walking, playing) they desire, and may choose a background scene in which they wish their image to appear… an animated sequence may be assembled by compositing the avatar and animation of the extracted portions of the composite image with the background scene chosen by the user). Thus, it would have been obvious, in view of Mandel and Geiger, to configure Chen’s as claimed by interactively modifying background of the avatar’s representation including object’s shape. The motivation is to improve the user’s interaction on editing the avatar’s image.
Claim 6 adds into claim 3 “in response to the sliding operation, switching a second background of the setting interface from a third background style to a fourth background style” (Geiger, column 41, lines 28-33 - In some embodiments, the modifying the sticker 256 in accordance with block 646 comprises adding a background scene 266 to the sticker 256 using the affordance. FIG. 15 illustrates one such background scene 266, which is highlighted with a dotted line (which is not part of the sticker 256). The background scene 266 of FIG. 15, by way of illustration, includes birds being targeted with guns) (Noted: Geiger’s slide, conventionally known for adjusting parameters of image representation (e.g., Geiger’s emotional slide 1602), suggests a background bar used to modify the avatar’s background representation by changing its parameters); “in response to a preview request, presenting an editing interface of a first content item, the first content item comprising: a third background corresponding to the fourth background style, and at least one of the target static representation or the target dynamic representation with the second background style applied; and posting the first content item in response to a first posting request received in the editing interface” (Geiger, Figures 20-21 - collectively illustrate stickers in which components within the sticker are animated in accordance with an embodiment of the present disclosure; Martal, [0025] - The user may then choose the form of animation ( e.g., climbing, running, walking, playing) they desire (for avatar), and may choose a background scene in which they wish their image to appear). Thus, it would have been obvious, in view of Mandel and Geiger, to configure Chen’s as claimed by interactively modifying background of the avatar’s representation including background’s styles. The motivation is to improve the user’s interaction on editing the avatar’s image.
Claims 18-19 claim a device based on the method of claims 3-6; therefore, they are rejected under a similar rationale.
Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over CHEN et al (US 12688628) in view of MANDEL et al (US 20230252709), and further in view of GEIGER et al (US 10169897) and PEREZ et al (StyleAvatar: Stylizing Animatable Head Avatars).
Claim 10 adds into claim 9 “wherein the image is generated based on the constructed set of avatars” (Martal, [0025] - The user may then choose the form of animation ( e.g., climbing, running, walking, playing) they desire (for avatar), and may choose a background scene in which they wish their image to appear; Geiger, Figures 20-21 - collectively illustrate stickers in which components within the sticker are animated in accordance with an embodiment of the present disclosure; column 36, lines 16-24 - In some embodiments, the one or more avatars in the sticker are reacting to the headline 270 in a way that is characteristic of the users represented by the avatars. For instance, if the user is politically conservative, the avatar of the first user in a given sticker 256 would be reacting negatively to events that would generally be regarded as advancements in liberal policy and would be reacting positively to events that would generally be regarded as advancements in conservative policy) (see also Perez, Figure 6 - StyleAvatar control of identity preservation—stylization strength). Thus, it would have been obvious, in view of Mandel, Geiger, and Perez, to configure Chen’s as claimed by generating images based on the set of avatars. The motivation is to improve the user’s interaction on editing the avatar’s image.
Claim 11 adds into claim 1 “wherein the set of avatars comprise a plurality of avatars corresponding to a plurality of expressing states of the user” (Geiger, Figures 20-21 - collectively illustrate stickers in which components within the sticker are animated in accordance with an embodiment of the present disclosure; column 35, lines 6-26 - For instance, referring to FIG. 16, portion 1604-1 of the emotion slide bar 1602 is associated with the emotion “angry” while portion 1604-2 of the emotion slide bar 1602 is associated with some other emotion other than angry… For example, as illustrated in FIG. 16, to convey the emotion “angry,” the default (base) avatar 238 of the user is taken and the lips and eyebrows positions are changed to form an altered avatar 258 (of the default avatar 238) that conveys anger. In some embodiments, the lips and eyebrows positions are changed by overlaying layers onto the base avatar 238 with lips and eyebrows in altered positions to thereby form the altered avatar) (see also Perez, Figure 5 - Appearance consistency across viewpoints and facial expressions. StyleAvatar provides consistent appearance when the avatar is … (ii) exhibiting (intense) facial expressions; Figure 6 - StyleAvatar control of identity preservation—stylization strength). Thus, it would have been obvious, in view of Mandel, Geiger, and Perez, to configure Chen’s as claimed by generating the set of avatars according to the expressing states of users. The motivation is to improve the user’s interaction on editing the avatar’s image.
Claim 12 adds into claim 11 “wherein the expressing states comprise at least one of an action process or a static expression, and wherein: a plurality of dynamic representations of the plurality of avatars correspond to different action processes of the user; a plurality of static representations of the plurality of avatars correspond to different static expressions of the user” (Geiger, Figures 20-21 - collectively illustrate stickers in which components within the sticker are animated in accordance with an embodiment of the present disclosure; column 35, lines 6-26 - For instance, referring to FIG. 16, portion 1604-1 of the emotion slide bar 1602 is associated with the emotion “angry” while portion 1604-2 of the emotion slide bar 1602 is associated with some other emotion other than angry… For example, as illustrated in FIG. 16, to convey the emotion “angry,” the default (base) avatar 238 of the user is taken and the lips and eyebrows positions are changed to form an altered avatar 258 (of the default avatar 238) that conveys anger. In some embodiments, the lips and eyebrows positions are changed by overlaying layers onto the base avatar 238 with lips and eyebrows in altered positions to thereby form the altered avatar). Thus, it would have been obvious, in view of Mandel, Geiger, and Perez, to configure Chen’s as claimed by generating the set of avatars according to the expressing states of users. The motivation is to improve the user’s interaction on editing the avatar’s image.
Claim 13 adds into claim 11 “obtaining reference information associated with the user; determining, from the plurality of expressing states, a target expressing state that matches the reference information; and associating an avatar corresponding to the target expressing state to the user” (Geiger, Figures 20-21 - collectively illustrate stickers in which components within the sticker are animated in accordance with an embodiment of the present disclosure; column 36, lines 16-24 - In some embodiments, the one or more avatars in the sticker are reacting to the headline 270 in a way that is characteristic of the users represented by the avatars. For instance, if the user is politically conservative, the avatar of the first user in a given sticker 256 would be reacting negatively to events that would generally be regarded as advancements in liberal policy and would be reacting positively to events that would generally be regarded as advancements in conservative policy) (see also Perez, Figure 5 - Appearance consistency across viewpoints and facial expressions. StyleAvatar provides consistent appearance when the avatar is … (ii) exhibiting (intense) facial expressions). Thus, it would have been obvious, in view of Mandel, Geiger, and Perez, to configure Chen’s as claimed by generating the set of avatars according to the expressing states of users. The motivation is to improve the user’s interaction on editing the avatar’s image.
Claim 14 adds into claim 1 “determining, based on a type of the page, a style for the avatar presented on the page from the target static representation and the target dynamic representation” (Geiger, column 2, line 65 to column 3, line 11 - In some embodiments, the first trait is one of skin color, hair style, a nose style, a lip style, a teeth style, a shoe style, worn by the first avatar; Figures 20-21 - collectively illustrate stickers in which components within the sticker are animated in accordance with an embodiment of the present disclosure; column 45, lines 14-39 - The designer can use the bridge tool 1902 tool once the sticker 256 is ready to be sent out to users so that such users can get the electronic communication 252 conveying the event and the proposed sticker 256 that shows the altered avatar 258 reacting to the event, within their respective client applications 236; column 43, line 64 to column 44, line 6 - Panels 1920 “User Avatar” and 1922 “Friend Avatar” allow the designer to input the data from a commercial software package to position an avatar 238 to thereby form altered avatar 258. For instance, the designer can use panels 1920 and 1922 to adjust avatar body positions (e.g., place the avatar's arm up, place the avatar's leg up, etc.) The designer, illustrator, and/or animator can also upload other assets to do some facial modification. The designer, illustrator, and/or animator can also upload full avatar body movement/animations) (see also Perez, Figure 6 - StyleAvatar control of identity preservation—stylization strength; Figure 9 (1st - 4th rows) - a method for artistic stylization of images). Thus, it would have been obvious, in view of Mandel, Geiger, and Perez, to configure Chen’s as claimed by determining the avatar’s style based on the page’s type generated by static and dynamic avatars. The motivation is to improve the user’s interaction on editing the avatar’s image.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU K NGUYEN whose telephone number is (571)272-7645. The examiner can normally be reached M-F 8-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel F. Hajnik 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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/PHU K NGUYEN/Primary Examiner, Art Unit 2616
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