DETAILED ACTION
Status of Claims
Claim 26 is new.
Claim 23 is canceled.
Claims 1, 15, 20, 24-25 are amended.
Claims 1-10, 12, 14-16, 18, 20-21, 24-26 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 15, 26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 15, 26 recite the limitation “the second type of human body part is not updated”. No support for this limitation can found or implied by the instant specification. This limitation involves some type of filtering or specific object exclusion that does not seem to be disclosed.
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 1-10, 12, 14-16, 18, 20-21, 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Ilic (WO 2019231850), in view of Perdices-Gonzalez (US 20190324525), and in view of Cho (US11719811).
Regarding Claim 1, Ilic teaches the following limitations:
A body worn device that is worn by a user to track real world objects in a virtual space, the body worn device comprising: (Ilic – [Fig. 1], [0006] the invention provides an augmented reality device including a head-mountable frame, a radar system, a measurement unit, measurement unit filter, a sensor fusion module, a rendering module, an eyepiece and a projector.
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a first RF transceiver system at a first position of the body worn device and configured to capture radar return signals in a first field of view; (Ilic – [Fig. 1], [0027] The radar system 16 may include first, second and third radar devices 30, 32 and 34. Each radar device 30, 32 and 34 may be mounted to the frame 14. Each radar device 30, 32 and 34 has a particular orientation that allows the radar device 30, 32 or 34 to transmit and receive radio waves in a desired direction. Ilic does not teach “transceiver”.)
a second RF transceiver system at a second position of the body worn device and configured to capture radar return signals in a second field of view; (Ilic – [Fig. 1], [0027] Ilic does not teach “transceiver”.)
a third RF transceiver system at a third position of the body worn device and configured to capture radar return signals in a third field of view; (Ilic – [Fig. 1], [0027] Ilic does not teach “transceiver”.)
a fourth RF transceiver system at a fourth position of the body worn device and configured to capture radar return signals in a fourth field of view; and (Ilic – [Fig. 1], [0027] Ilic does not teach “fourth transceiver”.)
an application processor that is configured to receive the captured radar return signals from the first, second, third and fourth RF transceiver systems, (Ilic - [00101] a processor, a computer-readable medium connected to the processor, a set of instructions on the computer-readable medium and executable by the processor to (i) determine first and second pose estimates, the first pose estimate being based on the first set of radar fingerprints relative to the first measurement value and the second pose estimate being based on the second set of radar fingerprints relative to the second measurement value, Ilic does not teach “fourth transceiver”.)
wherein the application processor is configured to: (Ilic - [00101])
cluster the captured radar return signals into one or more localized objects, (Ilic – [0052] The fast time domain provides data regarding the range of different surfaces.)
wherein the radar return signals for the one or more localized objects comprise a radar signature associated with the one or more localized objects; (Ilic – [0060] Each radar device 30, 32 and 34 has captured surfaces and the surfaces may be used to determine a first set of radar fingerprints and a first pose may be calculated by combining the first fingerprints with data from the measurement unit 18.)
evaluate signals from the clusters to identify localized objects as one or more of the real world objects; and (Ilic – [0052] first-fourth matrix)
update tracking position information associated with at least one identified real world object of the real world objects in the virtual space, (Ilic – [0089] updates the desired location of the rendered object in response to the tracking of the change in the second pose.)
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
transceiver… fourth transceiver (Perdices-Gonzalez – [0098] radar detection [0104] The tracking element can include a plurality of transceivers on the physical device.)
wherein the first type of human body part is identified using the predetermined radar signature for the first type of human body part while the human body part is devoid of attached RF reflectors or RF emitters; (Perdices-Gonzalez – [0042] In certain embodiments, the disclosed technology can provide a sensing element on an input element of a physical human interface device (HID). A position of an appendage of a user relative to the physical HID can be detected via the sensing element. [0045] In certain embodiments, the appendage can include a digit of a hand of a user. The digit can include a finger or a thumb. [0098] The conductive materials 720 could be used to transmit a sensing signal to an electronics block or to processor 101. A radio frequency can be used by the sensing element including an electrode or antenna for detection of an appendage. The detection of the appendage could include contact detection, radar detection, or capacitance detection.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers/sensor detection of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Ilic does not explicitly teach the following limitations, however Cho, in the same field of endeavor, teaches:
compare evaluated signals from the clusters to a set of predetermined radar signatures within a data storage environment, (Cho – [col. 2, ln. 62-67] The obtaining of the input radar data may include: sensing, as the input radar data, radar data associated with at least a portion of a body of a user; and indicating a recognition result of recognizing, based on the output radar data, any one or any combination of any two or more of a gesture of the user, a body part of the user, and an identity of the user. [col. 15, ln. 56-61] In the example of FIG. 8, the radar data processing device uses reference feature data 895 as reference data. For example, the reference feature data 895 may be feature data extracted from a reference radar image using a feature extraction model. The feature extraction model may be a model, for example, a neural network,)
wherein the set of predetermined radar signatures in the data storage environment includes radar signatures for different types of human body parts and localized objects; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
determine that a localized object is a human body part; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
determine that the human body part is a first type of human body part that is differentiated from other types of human body parts; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
identify the localized object as the first type of human body part of the user differentiated from other types of human body parts associated with the user based on the evaluated signals using a predetermined radar signature for the first type of the human body part, (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
wherein the predetermined radar signature for the first type of human body part is from the set of predetermined radar signatures in the data storage environment that includes radar signatures to differentiate different types of human body parts; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
wherein at least one of the real world objects is the first type of human body part of the user differentiated from the other types of human body parts. (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the feature extraction model of Cho in order to identify a body part of the user (Cho – [col. 2, ln. 62-67]).
Regarding Claim 2, Ilic further teaches:
where the first and second RF transceiver systems are positioned on opposite forward facing locations of the body worn device (Ilic – [Fig. 1] 32, 34 Ilic does not teach “transceiver”.)
to configure the first and second fields of view such that the first and second fields of view are substantially forward facing relative to a forward line of sight of the user. (Ilic – [Fig. 1])
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
transceiver (Perdices-Gonzalez – [0098], [0104] The tracking element can include a plurality of transceivers on the physical device.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers/transceiver processing of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Regarding Claim 3, Ilic further teaches:
wherein the first and second RF transceiver systems are configured with substantially matched fields of view of a first matched value in a first range of about 80 degrees to about 120 degrees. (Ilic – [Fig. 1], [0028] Alternatively, the radar system may have a single chip with one or more antenna that may be placed in different locations and pointing in different directions in order to obtain the desired radar signals. Ilic does not teach “transceiver”.)
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
transceiver (Perdices-Gonzalez – [0098], [0104])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Regarding Claim 4, Ilic further teaches:
wherein the first and second RF transceiver systems are configured with substantially overlapped fields of view of a first overlap value in a second range of about 10 degrees to about 30 degrees. (Ilic – [Fig. 1], [0028] Ilic does not teach “transceiver”.)
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
transceiver (Perdices-Gonzalez – [0098], [0104])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Regarding Claim 5, Ilic further teaches:
where the third and fourth RF transceiver system are positioned on opposite downward facing locations of the body worn device (Ilic – [Fig. 1], [0028] Ilic does not teach “transceiver”.)
to configure the third and fourth fields of view such that the third and fourth fields of view are substantially downward facing relative to the forward line of sight of the user. (Ilic – [Fig. 1], [0028])
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
transceiver… fourth transceiver (Perdices-Gonzalez – [0098], [0104])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Regarding Claim 6, Ilic further teaches:
wherein the third and fourth RF transceiver systems are configured to have matched third and fourth fields of view of a second matched value in a third range of about 80 degrees to about 120 degrees. (Ilic – [Fig. 1], [0028] Ilic does not teach “transceiver”.)
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
transceiver… fourth transceiver (Perdices-Gonzalez – [0098], [0104])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Regarding Claim 7, Ilic further teaches:
wherein the third and fourth RF transceiver systems are configured with substantially overlapped fields of view of a second overlap value in a fourth range of about 10 degrees to about 30 degrees. (Ilic – [Fig. 1], [0028] Ilic does not teach “transceiver”.)
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
transceiver… fourth transceiver (Perdices-Gonzalez – [0098], [0104])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Regarding Claim 8, Ilic further teaches:
wherein the first, second, third and fourth RF transceiver systems positioned about the body worn device to configure the first, second, third and fourth fields of view such that: (Ilic – [Fig. 1], [0028] Ilic does not teach “transceiver”.)
the first and second fields of view are forward facing relative to a forward line of sight of the user and matched to a first matched value in a first field range of about 80 degrees to about 120 degrees; (Ilic – [Fig. 1], [0028])
the third and fourth fields of view are downward facing relative to the forward line of sight of the user and matched to a second matched value in a second field range of about 80 degrees to about 120 degrees; (Ilic – [Fig. 1], [0028])
the first and second fields are overlapped with a first overlap value in a first overlap range of about 10 degrees to about 30 degrees; (Ilic – [Fig. 1], [0028])
the third and fourth fields are overlapped with a second overlap value in a second overlap range of about 10 degrees to about 30 degrees; (Ilic – [Fig. 1], [0028])
the first and third fields are overlapped with a third overlap value in a third overlap range of about 10 degrees to about 30 degrees; and (Ilic – [Fig. 1], [0028])
the second and fourth fields are overlapped with a fourth overlap value in a fourth overlap range of about 10 degrees to about 30 degrees. (Ilic – [Fig. 1], [0028])
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
transceiver… fourth transceiver (Perdices-Gonzalez – [0098], [0104])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Regarding Claim 9, Ilic further teaches:
further comprising at least one camera device that is at a fifth position of the body worn device, (Ilic – [Fig. 1] 28 [0026] a visual camera 28 that may be mounted to the frame 14.)
wherein the at least one camera device is configured to capture camera images, and (Ilic – [0033] The visual camera 28 captures images of the real world objects 38 on a continual basis.)
wherein the application processor is further configured to evaluate measurements associated with the captured camera images to resolve identification of the localized objects as the human body part associated with the user. (Ilic – [0041] The image processing module 72 processes the visual map 86 to determine objects within the visual map 86. Ilic does not explicitly teach “identification of the localized objects as the human body part associated with the user”.)
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
identification of the localized objects as the human body part associated with the user. (Perdices-Gonzalez – [0042], [0045], [0098])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers/sensor detection of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Regarding Claim 10, Ilic further teaches:
further comprising at least one inertial measurement unit (IMU) at a fifth position of the body worn device, (Ilic – [0029] The measurement unit 18 may be an inertial measurement unit (IMU). The measurement unit 18 may include one or more accelerometers, a gyroscope and a magnetometer.)
wherein the at least one inertial measurement unit (IMU) is configured to capture inertial measurements, and (Ilic – [0029] measures acceleration, the acceleration may be integrated to determine velocity, and the velocity may be integrated to determine position.)
wherein the application processor is further configured to evaluate the captured inertial measurements to resolve identification of the localized objects of the human body part associated with the user. (Ilic – [00101], [0052] Background subtraction in the third matrix allows for objects in the foreground to be isolated so that a moving object can be identified. [0060] Each radar device 30, 32 and 34 has captured surfaces and the surfaces may be used to determine a first set of radar fingerprints and a first pose may be calculated by combining the first fingerprints with data from the measurement unit 18. [0061] The process continues through 112 where the RX channels are read, 114 where the IMU data may be read,)
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
identification of the localized objects the human body part associated with the user. (Perdices-Gonzalez – [0042], [0045], [0098])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers/sensor detection of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Regarding Claim 12, Ilic further teaches:
wherein the application processor is configured to communicate radar return signals to leverage a cloud based processor to cluster the radar return signals, evaluate the signals from the clusters, and/or update the tracking position information. (Ilic – [00101], [0039] The cloud database 42 may be connected to the mapping and map management module 68 so that the radar maps 90 and the visual maps 92 can be stored in or be downloaded from the cloud database 42. It is implicit that a cloud based processor would be used to perform this connection)
Regarding Claim 14, Ilic further teaches:
wherein each of the first, second, third and fourth RF transceiver systems correspond to a system on a chip implemented as a MMIC with (Ilic – [Fig. 1], [0028] Ilic does not teach “transceiver”.)
at least one millimeter waveband transmitter, receiver, and antenna. (Ilic – [0028])
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
transceiver… fourth transceiver (Perdices-Gonzalez – [0098], [0104])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Regarding Claim 15, Ilic teaches the following limitations:
An application processor in a body worn device that is configured to track real world objects in a virtual space, (Ilic – [Fig. 1], [0006], [00101])
wherein the application processor is configured by computer readable instructions to: (Ilic – [00101])
capture radar sensor data from multiple beams directed in a direction relative to the user; (Ilic – [Fig. 1], [0027])
cluster the captured radar sensor data into one or more localized objects; (Ilic – [0052])
wherein the radar return signals for the one or more localized objects comprise a radar signature associated with the one or more localized objects; (Ilic – [0060])
evaluate radar sensor data from the clusters to identify localized objects as one or more of the real world objects; (Ilic – [0052])
update tracking position information associated with each identified real world object of the real world objects in the virtual space, (Ilic – [0089])
wherein the tracking position information of the second localized object associated with the second human body part is not updated. (Ilic – [0055] The only objects that are included in the radar fingerprint are the ones with zero velocity. By way of example, the stationary wall is included in the fingerprint, but not a hand of the user 12 or any effects due to movement of the user 12. Ilic does not explicitly teach “second human body part”.)
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
wherein the first type of human body part is identified using the predetermined radar signature for the first type of human body part while the human body part is devoid of attached RF reflectors or RF emitters; (Perdices-Gonzalez – [0042], [0045], [0098])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers/sensor detection of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Ilic does not explicitly teach the following limitations, however Cho, in the same field of endeavor, teaches:
compare evaluated signals from the clusters to a set of predetermined radar signatures within a data storage environment, wherein the set of predetermined radar signatures in the data storage environment includes radar signatures for different types of human body parts and localized objects; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
determine that a first localized object is a human body part; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
determine that the human body part of the first localized object is a first type of human body part that is differentiated from other types of human body parts; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
determine that a second localized object is a second human body part; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
determine that the second human body part of the second localized object is a second type of human body part that is differentiated from the first type of human body part; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
identify the first localized object as the first type of human body part of the user differentiated from other types of human body parts associated with the user based on the evaluated signals using a predetermined radar signature for the first type of the human body part, (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
wherein the predetermined radar signature for the first type of human body part is from the set of predetermined radar signatures in the data storage environment that includes radar signatures to differentiate different types of human body parts; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
wherein at least one of the real world objects is the first type of human body part of the user differentiated from the other types of human body parts, and (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the feature extraction model of Cho in order to identify a body part of the user (Cho – [col. 2, ln. 62-67]).
Regarding Claim 16, Ilic further teaches:
wherein the application processor is further configured to identify the localized objects as either the human body part or a non-human object based on a backscatter pattern associated with the radar sensor data from the clusters. (Ilic – [0052], [00101])
Regarding Claim 18, Ilic further teaches:
wherein the application processor is configured to evaluate radar sensor data from the clusters to identify a localized object by a radar signature. (Ilic – [0052], [00101])
Regarding Claim 20, Ilic teaches the following limitations:
A method for an application processor to track real world objects in a virtual space with a body worn device, the method comprising: (Ilic – [Fig. 1], [0006], [00101], [0009] method of displaying rendered content.)
capturing radar return signals from multiple antenna beams, wherein each of the multiple antenna beams includes a different field of view relative to a position on the body worn device; (Ilic – [Fig. 1], [0027])
clustering the captured radar return signals into one or more localized objects based on measurements made in their field of view; (Ilic - [0052])
wherein the radar return signals for the one or more localized objects comprise a radar signature associated with the one or more localized objects; (Ilic – [0060])
evaluating signals from the clusters to identify real world objects based on radar signature characteristics associated with one or more of the real world objects; (Ilic - [0052])
updating tracking position information associated with each identified real world object of the real world objects in the virtual space. (Ilic - [0089])
Ilic does not explicitly teach the following limitations, however Perdices-Gonzalez, in the same field of endeavor, teaches:
wherein the first type of human body part is identified using the predetermined radar signature for the first type of human body part while the human body part is devoid of attached RF reflectors or RF emitters; (Perdices-Gonzalez – [0042], [0045], [0098])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the plurality of transceivers/sensor detection of Perdices-Gonzalez in order to receive information from at least one of a sensing element (Perdices-Gonzalez – [0104]).
Ilic does not explicitly teach the following limitations, however Cho, in the same field of endeavor, teaches:
comparing evaluated signals from the clusters to a set of predetermined radar signatures within a data storage environment, wherein the set of predetermined radar signatures in the data storage environment includes radar signatures for different types of human body parts and localized objects; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
determining that a localized object is a human body part; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
determining that the human body part is a first type of human body part that is differentiated from other types of human body parts; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
identifying the localized object as the first type of human body part of the user differentiated from other types of human body parts associated with the user based on the evaluated signals using a predetermined radar signature for the first type of the human body part, (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
wherein the predetermined radar signature for the first type of human body part is from the set of predetermined radar signatures in the data storage environment that includes radar signatures to differentiate different types of human body parts; (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
wherein at least one of the real world objects is the first type of human body part of the user. (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the feature extraction model of Cho in order to identify a body part of the user (Cho – [col. 2, ln. 62-67]).
Regarding Claim 21, Ilic further teaches:
wherein the application processor is further configured to determine a height of the user based on a determined distance and position of the floor relative to the user, wherein the height is determined without any additional calibration. (Ilic - [0033] The user’s head pose and position can be determined by processing imagery from the visual system using a Simultaneous Localization and Mapping (SLAM) and visual odometry procedure.)
Regarding Claim 24, Ilic further teaches:
wherein the radar signature comprises one or more of a radar backscatter pattern, a radar cross-section, a distance, an angle of arrival, a Doppler shift, a signal strength, a signal phase, an estimated direction, or an estimated position. (Ilic – [00101], [0048] slow time/fast time chart, a windowed Fourier Fast Transform (FFT), and background subtraction. [0055] Radar fingerprinting is an approach that renders a set of values that may be characteristic for given positions in a room. Of particular importance are the distances and angles to static objects. The radar fingerprint is the range-Doppler map wherein the range-Doppler map is corrected for ego motion.)
Regarding Claim 25, Ilic does not explicitly teach the following limitations, however Cho, in the same field of endeavor, teaches:
wherein the human body part associated with the user with a known radar signature comprises one or more of a hand, a finger, a thumb, a palm, a wrist, a forearm, an elbow, a bicep, a shoulder, a foot, a toe, a heel, an ankle, a calf, a knee, a thigh, a hip, a waist, or a torso. (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61]) (See 112(b) section.)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the feature extraction model of Cho in order to identify a body part of the user (Cho – [col. 2, ln. 62-67]).
Regarding Claim 25, Ilic further teaches:
wherein the tracking position information of the second localized object associated with the second type of human body part is not updated. (Ilic – [0055] Ilic does not explicitly teach “second human body part”.)
Ilic does not explicitly teach the following limitations, however Cho, in the same field of endeavor, teaches:
wherein a second localized object is a second type of human body part is differentiated from the first type of human body part associated with the user, (Cho – [col. 2, ln. 62-67], [col. 15, ln. 56-61])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the augmented reality device of Ilic with the feature extraction model of Cho in order to identify a body part of the user (Cho – [col. 2, ln. 62-67]).
Response to Arguments
Applicant’s arguments, see Page 10, filed 10/30/2025, with respect to the rejection under 35 U.S.C. §112 (b) have been fully considered and are persuasive. The rejection under 35 U.S.C. §112 (b) has been withdrawn.
Applicant’s arguments, see Pages 11-14, filed 10/30/2025, with respect to the rejection under 35 U.S.C. §103 have been fully considered but are not persuasive. The applicant argues “the combination of ILIC, PERDICES- GONZALEZ, and CHO do not teach or suggest a system that identifies and differentiates a type of human body part of the user from other types of human body parts to track objects in a virtual space”. The examiner disagrees, Cho specifically teaches “radar data associated with at least a portion of a body of a user; and indicating a recognition result of recognizing, based on the output radar data, any one or any combination of any two or more of a gesture of the user, a body part of the user, and an identity of the user. It is then the combination of ILIC, PERDICES- GONZALEZ, and CHO that makes this body part recognition obvious when combining the embodiment of PERDICES- GONZALEZ concerning tracking specific body parts in a digital environment. The applicant argues “updating tracking position information for the first type of human body part whilst not updating tracking position information for the second type of human body part identified by the system”. The examiner disagrees, Ilic specifically teaches “The only objects that are included in the radar fingerprint are the ones with zero velocity. By way of example, the stationary wall is included in the fingerprint, but not a hand of the user 12 or any effects due to movement of the user 12” which would be obvious to combine with the human body part recognition of Cho, allowing differentiation between body part tracking. Further, this limitation is now rejected under 35 U.S.C. §112 (b) for new matter.
Applicant’s arguments, see Page 14, filed 10/30/2025, with respect to the rejection under 35 U.S.C. §103 regarding the dependent claims have been fully considered but they are not persuasive. Applicant states that these claims are patentable due to their dependency from their respective independent claims. The examiner disagrees due to the rejections made in the office action.
Applicant's remaining arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims is understandable and distinguishable from other inventions.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure or directed to the state of art is listed on the enclosed PTO-892.
The following is a brief description for relevant prior art that was cited but not applied:
Miller (US 20200192094) describes a device for facilitating augmented/virtual reality using various sensor methods to include radar.
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/BRANDON JAMES HENSON/Examiner, Art Unit 3645
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3645