DETAILED ACTION
1. This Office Action is responsive to claims filed for App. 17/552,399 on April 9, 2026. Claims 1-7 are pending.
America Invents Act
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
3. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 23, 2026 has been entered.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kamath et al.
( US 2020/0104038 A1 ) in view of Deck et al. ( US 2022/0189126 A1 ).
Kamath teaches in Claim 1:
A method for using a controlling device to control a movement of a one of a AR content or a VR content being provided to a display device ( Figure 6A, [0192] discloses device 500a (read as a controlling device) to communicate with device 500b, which can then alter the content on display screen 504b (read as a display device). As for AR or VR content, please note the combination below ), comprising:
receiving by the controlling device from the content delivery device a radio frequency signal ( Figures 6A-6F, [0194] disclose aspects of communication between devices 500a and 500b (read as a content delivery device; see example of a set-top box) via communication link 602. [0084]+ disclose aspects of these wireless communication, such as RF circuitry, etc );
providing from the controlling device to the content delivery device [raw data associated with a receipt of the radio frequency signal] by the controlling device; using by the content delivery device [the raw data] received from the controlling device to determine at least an orientation of the controlling device relative to the content delivery device ( [0195]+ discloses a motion gesture sequence of 500a which can be determined by 500b. [0248] discloses details on orientation of 500a relative to 500b and the goal is to determine gestures based on the orientation/position of 500a, such as to adjust the volume. As for the raw data and indication of a receipt of the radio frequency, etc., please note the combination below );
using by the content delivery device the raw data received from the controlling device to determine at least an orientation of the controlling device relative to the content delivery device ( As disclosed above, 500b receives the orientation/gesture data from 500a. Figures 6C-6G provide examples of different orientations which result in different signals being interpreted by 500b and adjustments are made on the display as a result ); and
controlling by the content delivery device the movement of the one of the AR content or the VR content on the display device as a function of the determined at least the orientation of the controlling device relative to the content delivery device ( [0197] discloses a volume indication 608 of the display is adjusted in response to the detection in the change of motion );
wherein the controlling device is separate from the display device ( Figures 6A-6G disclose 500a is separate from 504b ); but
Kamath does not explicitly teach of “raw data associated with a receipt of the radio frequency signal by the controlling device”. In addition, Kamath does not teach of AR or VR content on the display device. Furthermore, an emphasis on the raw data being used to determine the orientation of the devices will also be detailed below as well.
Initially, Examiner would like to note “raw data associated with a receipt of the radio frequency” is fairly broad language and the simple wireless communication link between 500a and 500b (namely from 500a to 500b) allowing for orientation data to be transmitted could be reasonably interpreted as raw data associated with a receipt. For reference, Applicant’s own disclosure at [0025] details these aspects of angle of arrival direction finding functionality and angle of departure direction finding functionality.
In the same field of endeavor, communication between devices, Deck teaches of a similar setup with a portable device 100 which can be communicate with equipment 30, ( Deck, Figure 1, [0051] ). Deck teaches in [0032], [0073] of the communication between these two elements, using an angle of arrival (AoA). Furthermore, Deck teaches in [0034], [0074] of also determining the angle of departure (AoD) and by using these values, a pose/orientation of the portable device can be determined relative to the equipment 30, [0074]. [0055] discloses examples of radio frequency signals which can use AoA and AoD signals (read as examples of a measurable characteristic). Furthermore, Deck teaches in [0063] of a server 160 which can process the data (including the above angles, etc) to store/provide information associated with real objects, such as the identity, status or characteristic of the object. To clarify, the data transmitted between the portable device 100 (read as akin to 500a of Kamath) and the remote server 160 (read as akin to 500b of Kamath) can be a radio frequency data indicating angles of arrival/departure (read as raw data). Deck teaches in [0024]-[0026] of using the signals to determine the object of interest and positioning of the object in images using algorithms, the AoA/AoD, etc. As combined with Kamath, who also teaches of radio frequency, AoA and AoD characteristics can be used to also determine the orientation of the elements relative to each other, namely 500a and 500b. Furthermore, Applicant’s disclosure at [0020] notes the raw data can be provided from the controlling device 10 the signaling device, the content delivery device, and/or other devices. In the same way, Kamath teaches in Figure 6B of transmission of data to and from the various devices and one of ordinary skill in the art would realize processing of such data could be done at a variety of devices in the system, essentially rendering this a design choice issue.
Therefore, it would have been obvious to one of ordinary skill in the art, at the effective filed date of the invention, to implement the AoA and AoD aspects, as taught by Deck, with the motivation that more precise positioning of acquired images (of the elements) can be determined, ( Deck, [0013] ).
Kamath teaches in Claim 2:
The method as recited in claim 1, wherein the display device comprises a television. ( [0192] discloses display screen 504b and [0194] discloses 500b is a set-top box in communication with display 504b. Respectfully, a set-top box is often associated with televisions. [0262], [0003] mentions televisions as well as an example of display devices. Furthermore, the type of display device is a design choice issue as well )
Kamath teaches in Claim 3:
The method as recited in claim 1, wherein the display device comprises a projector. ( [0262], [0003] mentions several examples of display devices. Respectfully, the type of display device is a design choice issue and Examiner asserts Official Notice to projectors being a well known type of display )
Kamath teaches in Claim 4:
The method as recited in claim 2, wherein the controlling device comprises a hand-held, remote control device. ( [0193] discloses 500a can transmit motion gesture information from user action and Figures 6A-6G show the handheld nature )
Kamath teaches in Claim 5:
The method as recited in claim 3, wherein the controlling device comprises a hand- held, remote control device. ( [0193] discloses 500a can transmit motion gesture information from user action and Figures 6A-6G show the handheld nature )
7. Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kamath et al.
( US 2020/0104038 A1 ) in view of Deck et al. ( US 2022/0189126 A1 ), as applied to
Claim 1, further in view of Mars et al. ( US 2021/0312025 A1 ).
As per Claim 6:
Kamath does not explicitly teach “wherein the radio frequency connection comprises a Bluetooth low-energy communications connection.”
However, the Bluetooth protocol has several well known variations. To emphasize, in the same field of endeavor, Bluetooth communication between devices, Mars teaches of a wireless interface to provide wireless data transfers between a computing device and external sources, ( Mars, Figure 1, [0077] ), similar to Kamath. In particular, [0077] discloses various examples of wireless protocols, such as Bluetooth Low Energy (BLE), Ultra-Wide Band (UWB), Wi-Fi, etc.
Therefore, it would have been obvious to one of ordinary skill in the art, at the effective filed date of the invention, to implement the various types of Bluetooth protocols, with the motivation that these are well known protocols and Kamath can implement this as one of the protocols of Bluetooth which Kamath already uses, ( Mars, [0077] ).
As per Claim 7:
Kamath does not explicitly teach “wherein the radio frequency connection comprises an ultra-wide band communications connection.”
However, the Bluetooth protocol has several well known variations. To emphasize, in the same field of endeavor, Bluetooth communication between devices, Mars teaches of a wireless interface to provide wireless data transfers between a computing device and external sources, ( Mars, Figure 1, [0077] ), similar to Kamath. In particular, [0077] discloses various examples of wireless protocols, such as Bluetooth Low Energy (BLE), Ultra-Wide Band (UWB), Wi-Fi, etc.
Therefore, it would have been obvious to one of ordinary skill in the art, at the effective filed date of the invention, to implement the various types of Bluetooth protocols, with the motivation that these are well known protocols and Kamath can implement this as one of the protocols of Bluetooth which Kamath already uses, ( Mars, [0077] ).
Response to Arguments
8. Applicant’s arguments considered, but are respectfully moot in view of new grounds of rejection(s).
Please note the reliance on a new reference, Kamath. As a result, Applicant’s arguments are moot at this time.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS P JOSEPH whose telephone number is (571)270-1459. The examiner can normally be reached Monday - Friday 5:30 - 3:30 EST.
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/DENNIS P JOSEPH/Primary Examiner, Art Unit 2621
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