DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/15/2025 has been entered.
Response to Arguments
Applicant has amended claims 1, 25, and 29; claims 13-24, 27-28, and 30 are withdrawn from further consideration as being drawn to a non-elected species; leaving claims 1-12, 25-26, and 29 currently pending and elected.
Applicant’s arguments filed 9/22/2025 with respect to claim(s) 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Therefore this action is made NON-FINAL.
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.
Claim(s) 1-12, 25-26, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (Pub. No. US20210294427A1) in view of Nabwani (Pub. No. US20180095525A1) and Arai (Pub. No. US20140361985A1).
Regarding claim 25, Zhou discloses An apparatus, comprising: a non-transitory, machine-readable storage medium storing instructions; and at least one processor coupled to the non-transitory, machine-readable storage medium, the at least one processor being configured to: (Zhou ¶7; a memory with stored executable instructions couple to a processor is disclosed. ¶60 example non-transitory memories are disclosed.) receive image data from a camera; (Zhou ¶94; an input frame captured by a camera is disclosed.) detect, based on the image data, an object inserted into a placement area of a hybrid environment (Zhou ¶99; a hand is detected in each generated virtual gesture-space. ¶95-96 describe the virtual gesture-space being generated based off the input frame.) wherein the hybrid environment comprises a real environment and a virtual environment; (Zhou ¶98; overlay of the virtual gesture-space (virtual environment) on top of a live image (representation of a real environment) is disclosed.) based on registering the characteristics of the object with the user, track movement of the object within the hybrid environment based on the characteristics of the object registered in the profile data. (Zhou ¶102; the hand is tracked in the respective virtual gesture-space. Both the region the hand is found and the identification of the hand (specifically mentions primary hand) are used in tracking.)
Although Zhou discloses determining the identity of each found hand, especially a “primary hand” and classifying hand shape and identifying a gesture of the hand (Zhou ¶101 and 84), Zhou does not explicitly disclose generate profile data based on the value of the at least one parameter
Nabwani, however discloses generate profile data based on the at least one parameter (Nabwani ¶18; profiles are created with user’s hands and face associated with the profile.)
It would have been obvious, before the effective filing date of the claimed invention, to one of ordinary skill in the art to modify the apparatus of Zhou with the teachings of Nabwani by including profile generation and registration of hands and faces of users in order to determine if one user is trying to transfer control of the device (Nabwani ¶20).
Although Zhou discloses the identity of each found hand, especially a “primary” hand” as well as a location (¶101), and parameters of hand shape (¶84) and feedback Zhou ¶101; identity of each found hand is determined, especially a “primary hand” as well as a location; feedback is given to the user to move their gestures (i.e. their hand) into the activation region; including the distance and angular position of the user’s hand with respect to the activation region (i.e. the angular position of a user’s hand is recorded ¶208), the combination of Zhou and Nabwani does not explicitly disclose an object inserted into a placement area of a hybrid environment at an angle of insertion or in response to the detection, determine a value of at least one parameter associated with the angle of insertion of the object in the placement area for registering the object with a user for tracking or generate profile data based on the value of the at least one parameter associated with the angle of insertion of the object in the placement area.
Arai, however, discloses an object inserted into a placement area of a hybrid environment at an angle of insertion (Arai ¶53 and 95; an insertion direction of a user’s hand is disclosed.) in response to the detection, determine a value of at least one parameter associated with the angle of insertion of the object in the placement area for registering the object with a user for tracking. (Arai ¶93-96; the insertion direction of the user’s arm is identified. This information is used to estimate the direction of the user. ¶59 the user’s hand is tracked and gestures are recognized.) generate profile data based on the value of the at least one parameter associated with the angle of insertion of the object in the placement area. (Arai ¶95-97; the angle of insertion is used to determine the position of the user. The setting unit designates the forward direction using this information. ¶73 and 82 it is disclosed that the forward direction is utilized in displaying correct information for the user (i.e. part of their profile).)
It would have been obvious, before the effective filing date of the claimed invention, to one of ordinary skill in the art to modify the apparatus of the of Zhou and Nabwani with the teachings of Arai by calculating and including the direction/ angle a hand appears as part of the profile data in order to orient the tracking and recognition area with the user (Arai ¶97-98).
Regarding claim 26, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 25, as described above. They further disclose wherein the at least one processor is configured to: generate a request for a placement of the object in the placement area of the hybrid environment; and (Zhou ¶88; feedback is given to the user to move their gestures (i.e. their hand) into the virtual gesture-space and/or the activation region.) display the request within the virtual environment. (Zhou ¶88; displaying the request to the user is disclosed.)
Regarding claims 1-2, they are the corresponding method claims to claims 25-26 and are rejected for similar reasons.
Regarding claim 29, it is the corresponding non-transitory machine-readable storage medium (Zhou ¶60 example non-transitory memories are disclosed.) claim to claim 25 and is rejected for similar reasons.
Regarding claim 3, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 1, as described above. They further disclose wherein the value of the at least one parameter further comprises a direction of insertion of the object into the placement area. (Arai ¶93-96; the insertion direction of the user’s arm is identified. This information is used to estimate the direction of the user. ¶59 the user’s hand is tracked and gestures are recognized. Wherein, it would have been obvious to include calculating and including the angle the hand appears in the profile data in order to orient tracking and recognition area with the user (Arai ¶97-98).)
Regarding claim 4, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 1, as described above. They further disclose wherein further comprising: determining that the value of the at least one parameter is disposed within a range of values, the range of values being based on a horizon of vision of the user; and (Zhou ¶82; a bounding box is created for a detected face in the frame (i.e. in the FOV of the camera, i.e. the horizon of vision)) generating the profile data based on the determination that the value of the at least one parameter is disposed within the range of values. (Zhou ¶96; a virtual gesture space is generated for each respective detected distinguishing anatomical feature (face). This means the FOV is blocked out based on detected people and that a range of valid values is associated for each profile/ user.)
Regarding claim 5, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 1, as described above. They further disclose further comprising: determining that the value of the at least one parameter is not disposed within a range of values, (Zhou ¶208; it is determined that a hand is performing gestures outside the activation area.) the range of values being based on a horizon of vision of the user; and (Zhou ¶82; a bounding box that the activation area is based on is created for a detected face in the frame (i.e. in the FOV of the camera, i.e. the horizon of vision)) based on the determination that the value of the at least one parameter is not disposed within the range of values, displaying, within the hybrid environment, a request that the user insert the object into the placement area of the hybrid environment. (Zhou ¶208; the user is prompted to move their hand into the activation region. This is done on a display with an image representing a human body showing the activation region (hybrid environment))
Regarding claim 6, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 1, as described above. They further disclose further comprising: generating a request that the user insert the object into the placement area of the hybrid environment in accordance with the angle of insertion; (Zhou ¶208; feedback is given to the user to move their gestures (i.e. their hand) into the activation region. Region feedback includes the distance and angular position of the user’s hand with respect to the activation region.) displaying the request within the hybrid environment; and (Zhou ¶208; the activation region is displayed with distance and angular position of the user’s hand as feedback for the user.) detecting the object inserted into the placement area of the hybrid environment in accordance with the angle of insertion. (Zhou ¶208; feedback is given to the user to move their gestures (i.e. their hand) into the activation region. Region feedback includes the distance and angular position of the user’s hand with respect to the activation region. Therefore the angular position as a user moved their hand into the region would be recorded.)
Regarding claim 7, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 1, as described above. They further disclose further comprising: generating a guidance image identifying one or more insertion angles for inserting the object into the placement area of the hybrid environment; (Zhou ¶208; feedback is given to the user to move their gestures (i.e. their hand) into the activation region. Region feedback includes the distance and angular position of the user’s hand with respect to the activation region.) and displaying the guidance image within the hybrid environment. (Zhou ¶208; the activation region is displayed with distance and angular position of the user’s hand as feedback for the user.)
Regarding claim 8, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 1, as described above. They further disclose wherein the object is a hand of the user. (Zhou ¶99; a hand is detected in each generated virtual gesture-space.)
Regarding claim 9, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 8, as described above. They further disclose wherein the value of the at least one parameter characterizes one or more attributes of the hand of the user. (Zhou ¶84 also discloses classifying hand shape and identifying a gesture of the hand.)
Regarding claim 10, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 9, as described above. They further disclose wherein the one or more attributes of the hand of the user comprises at least one of: palm lines; palm contours; shape; size of fingernails; shape of fingernails; color; multi-point hand outline geometry; or one or more identification marks. (Zhou ¶84 also discloses classifying hand shape and identifying a gesture of the hand.)
Regarding claim 11, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 1, as described above. They further disclose wherein the hybrid environment comprises an environment of an extended reality (XR) system. (Zhou ¶240; augmented reality and virtual reality used of the method is disclosed.)
Regarding claim 12, the combination of Zhou, Nabwani and Arai discloses the claim limitations with regards to claim 1, as described above. They further disclose wherein the hybrid environment comprises an environment of a virtual reality (VR) system. (Zhou ¶240; augmented reality and virtual reality used of the method is disclosed.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEREDITH TAYLOR whose telephone number is (571)270-5805. The examiner can normally be reached M-Th 7:30-5. Examiner’s email is Meredith.taylor@uspto.gov.
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/MEREDITH TAYLOR/ Examiner, Art Unit 2671
/VINCENT RUDOLPH/ Supervisory Patent Examiner, Art Unit 2671
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