DETAILED ACTION
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 .
Response to Arguments
Applicant's arguments filed 04 February 2026 have been fully considered but they are not persuasive.
Rejection Under 35 U.S.C. § 103 are not persuasive.
Applicant states the prior art of Nielsen in view of Bicanic do not teach the Applicant’s intended invention. When viewing the claimed invention in the broadest interpretation allowed (MPEP2111.01 it is improper to import claim limitations from the specification), the prior art of Nielsen teaches the rudimentary principles of the invention of maintaining a virtual environment, managing a virtual asset within the virtual environment, mapping a geospatial position of a real vehicle into a position within the virtual environment representative of the geospatial position, and determine a measurement between the position of the real vehicle in the virtual environment to the virtual asset. The prior art of Bicanic provides an obviousness improvement of communicating content representative of the virtual asset to a mixed reality optical system configured for an operator of the real vehicle, wherein the content is presented at a time and position based, at least in part, on the measurement.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, both the Nielsen and Bicanic are in the same field of endeavor of improving a pilot’s interaction levels of their environment (Nielsen [0004] Bicanic [0002]) is similar to that of Applicant’s invention. Nielsen teaches using augmented virtual reality and Bicanic teaches the use of an improvement of communicating content representative of the virtual asset to a mixed reality optical system configured for an operator of the real vehicle.
Therefore, the motivation to use the Bicanic’ s teaching within Nielsen would be to enhance engagement and improve the interaction level of the operator for context-aware alerts by synchronizing and blending digital objects within the real environment so that the operator may react more efficiently to active threats. Further, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Lastly, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Applicant’s arguments, see Rejection Under 35 U.S.C. § 101 (Page 4), filed 04 February 2026, with respect to 35 U.S.C. § 101 have been fully considered and are persuasive. The rejection has been withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Nielsen (US 20100313146 A1) in view of Bicanic (US 20190333404 A1).
Claim 1. Nielsen teaches a computer system, comprising: a memory in communication with a processor ([0026] a processor 104 and a memory 106), the memory storing instructions that when executed by the processor cause the processor to: (a) maintain a virtual environment
([0036] As an example, with reference to FIG. 6 which illustrates a screenshot 312 of at least a portion of operating picture 306, virtual objects 518 displayed in augmented virtual environment 310 may represent the existence of mines sensed by an asset (displayed as virtual icon 516) within real-world environment 202. It should be noted that virtual objects 518 are displayed at positions within augmented virtual environment 310 to represent the existence of mines at associated positions within real-world environment 202.);
(b) manage a virtual asset within the virtual environment
([0036] virtual objects 518 displayed in augmented virtual environment 310 may represent the existence of mines sensed by an asset (displayed as virtual icon 516) within real-world environment 202.);
(c) map a geospatial position of a real vehicle into a position within the virtual environment representative of the geospatial position
([0035] The local aerial imagery may be obtained from one or more image sensors coupled to airplanes, UAVs, or any other aircraft within real-world environment 202 (see FIG. 2)…The virtual data may include virtual items representing assets 204, geospatial data, or any data related to or sensed by assets 204 (i.e., sensor data). [0042] operator control interface 302 may be configured to display a holistic representation... [0040] real-world imagery 500 and virtual color-coded regions 600 and 602 [0045] a view 608 from the perspective of the selected asset, the selected asset's local map 610, and virtual objects (i.e., virtual asset 204' and virtual doors 612) are displayed.);
(d) determine a measurement between the position of the real vehicle in the virtual environment to the virtual asset
([0038][0039] For example, in the embodiment described above wherein sensor 206 comprises a laser,... sensor 206 may be configured to measure a numerical distance from an associated asset 204 to a detected object within real-world environment 202...operator control interface 302 may be configured to, as mentioned above, display a virtual object at a corresponding position in the augmented virtuality environment 310 to represent the detected object located in real-world environment 202.).
Nielsen further discloses a display which generates information related to virtual assets on a map with an airplane and wherein the content is presented at a time and position based, at least in part, on the measurement ([0039]) and implementing and generating color-coded regions of concerns ([0040]) but does not specifically disclose (e) communicate content representative of the virtual asset to a mixed reality optical system configured for an operator of the real vehicle.
However, Bicanic teaches the process of communicating content representative of the virtual asset to a mixed reality optical system configured for an operator of the real vehicle
([0039] Further, the system may be configured to accurately display a high fidelity image to pilots in flight using an augmented reality device (such as a flight helmet, or a special goggles or the cockpit glass). [0069] In some embodiments, the first head mount display may include a first optical marker configured to facilitate determination of one or more of the first user location and the first user orientation.).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use a mixed reality optical system as taught by Bicanic within the system of Nielsen for the purpose of enhancing engagement and improve interaction level of the operator for context-aware alerts by synchronizing and blending digital objects within the real environment so that the operator may react more efficiently to active threats.
Claim 2. Nielsen and Bicanic teach the system of claim 1, wherein the real vehicle is a plane
(Nielsen [0035] airplane).
Claim 3. Nielsen and Bicanic teach the system of claim 2, wherein the user is a pilot of the plane
(Bicanic [0043] operated by a pilot (a user 112)).
Claim 4. Nielsen and Bicanic teach the system of claim 1, wherein the real vehicle is a car
([0038] unmanned ground vehicle,).
Claim 5. Nielsen and Bicanic teach the system of claim 1, wherein the virtual asset is an obstacle within an obstacle course
(Bicanic [0002][0039] an airborne flight training system is disclosed (e.g. obstacle course) [0076] virtual objects)
Claim 6. Nielsen and Bicanic teach the system of claim 5, wherein the processor further determines if there is a collision between a portion of the mapped position of the real vehicle in the virtual environment and the obstacle based on the measurement
(Nielsen [0050] and adapt its path plan in light of any changes in order to avoid any obstructions or collisions while navigating within real-world environment 202. ).
Claim 7. Nielsen and Bicanic teach the system of claim 6, wherein the processor further communicates a collision attribute representative of the collision to the operator of the real vehicle
(Nielsen [0050] For example, a ground asset 204 may sense changes within real-world environment 202 (e.g., moving obstacles or moving people) and adapt its path plan in light of any changes in order to avoid any obstructions or collisions while navigating within real-world environment 202. Additionally, it should be noted that it is not required that asset 204 receive an externally generated path plan in order to perform reactive local navigation. As such, asset 204 may be configured to sense its surrounding environment and generate a path plan in real-time as it navigates through real-world environment 202. [0042] virtual icons 932 representing hazardous areas within real-world environment 202 sensed by at least one or more other assets, and a path 934 of an airborne asset (not shown) may be displayed simultaneously in operating picture 306. Accordingly, an operator's situational awareness of real-world environment 202 may be increased, which may increase an operator's ability to plan and carry out a desired mission.).
Claim 8. Nielsen and Bicanic teach the system of claim 7, wherein the collision attribute is presented as mixed reality content to the mixed reality optical system
(Nielsen Fig. 11[0042] virtual icons 932 representing hazardous areas within real-world environment 202 sensed by at least one or more other assets, and a path 934 of an airborne asset (not shown) may be displayed simultaneously in operating picture 306. Accordingly, an operator's situational awareness of real-world environment 202 may be increased, which may increase an operator's ability to plan and carry out a desired mission.).
Claim 9. Nielsen and Bicanic teach the system of claim 7, wherein the collision attribute is presented as audio feedback
(Bicanic [0072] In some embodiments, the at least one first presentation data may include one or more of a first visual data, a first audio data and a first haptic data. ).
Claim 10. Nielsen and Bicanic teach the system of claim 7, wherein the collision attribute 1s presented as haptic feedback
(Bicanic [0072] In some embodiments, the at least one first presentation data may include one or more of a first visual data, a first audio data and a first haptic data. ).
Claim 11. Nielsen teaches a method comprising:
maintaining a virtual environment
([0036] As an example, with reference to FIG. 6 which illustrates a screenshot 312 of at least a portion of operating picture 306, virtual objects 518 displayed in augmented virtual environment 310 may represent the existence of mines sensed by an asset (displayed as virtual icon 516) within real-world environment 202. It should be noted that virtual objects 518 are displayed at positions within augmented virtual environment 310 to represent the existence of mines at associated positions within real-world environment 202.);
managing a virtual asset within the virtual environment
([0036] virtual objects 518 displayed in augmented virtual environment 310 may represent the existence of mines sensed by an asset (displayed as virtual icon 516) within real-world environment 202.);
mapping a geospatial position of a real vehicle into a position within the virtual environment representative of the geospatial position
([0035] The local aerial imagery may be obtained from one or more image sensors coupled to airplanes, UAVs, or any other aircraft within real-world environment 202 (see FIG. 2)…The virtual data may include virtual items representing assets 204, geospatial data, or any data related to or sensed by assets 204 (i.e., sensor data). [0042] operator control interface 302 may be configured to display a holistic representation... [0040] real-world imagery 500 and virtual color-coded regions 600 and 602 [0045] a view 608 from the perspective of the selected asset, the selected asset's local map 610, and virtual objects (i.e., virtual asset 204' and virtual doors 612) are displayed.);
determining a measurement between the position of the real vehicle in the virtual environment to the virtual asset
([0038][0039] For example, in the embodiment described above wherein sensor 206 comprises a laser,... sensor 206 may be configured to measure a numerical distance from an associated asset 204 to a detected object within real-world environment 202...operator control interface 302 may be configured to, as mentioned above, display a virtual object at a corresponding position in the augmented virtuality environment 310 to represent the detected object located in real-world environment 202.).
Nielsen further discloses a display which generates information related to virtual assets on a map with an airplane and wherein the content is presented at a time and position based, at least in part, on the measurement ([0039]) and implementing and generating color-coded regions of concerns ([0040]) but does not specifically disclose communicate content representative of the virtual asset to a mixed reality optical system configured for an operator of the real vehicle
However, Bicanic teaches the process of communicating content representative of the virtual asset to a mixed reality optical system configured for an operator of the real vehicle
([0039] Further, the system may be configured to accurately display a high fidelity image to pilots in flight using an augmented reality device (such as a flight helmet, or a special goggles or the cockpit glass). [0069] In some embodiments, the first head mount display may include a first optical marker configured to facilitate determination of one or more of the first user location and the first user orientation.).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use a mixed reality optical system as taught by Bicanic within the system of Nielsen for the purpose of enhancing engagement and improve interaction level of the operator for context-aware alerts by synchronizing and blending digital objects within the real environment so that the operator may react more efficiently to active threats.
Claim 12. Nielsen and Bicanic teach the system of claim 11, wherein the real vehicle is a plane
(Nielsen [0035] airplane).
Claim 13. Nielsen and Bicanic teach the system of claim 12, wherein the user is a pilot of the plane
(Bicanic [0043] operated by a pilot (a user 112)).
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUFUS C POINT whose telephone number is (571)270-7510. The examiner can normally be reached 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUFUS C POINT/Primary Examiner, Art Unit 2689
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