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 .
Examiner’s Note
The pending application is examined by a different examiner as the previous examiner is no long with the Office.
Examiner noted that applicant argued that Singh (US 2024/0214454 A1) is not a valid prior art reference because Singh and present application are owed by same assignee Adeia Guides Inc. While it may be true, examiner at the time of the examination would have found it impossible to recognize that, by looking at the publication document (as shown below screenshot), Rovi Guides, Inc. became Adeia Guides Inc. due to a name change in 2022.
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Nevertheless, after a careful review, examiner is issuing a nonfinal office action.
Response to Arguments
Applicant’s arguments filed 12/31/2025 with respect to 103 rejections have been considered but are moot because the new ground of rejection does not rely on a reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Specifically, claim 1 recites “a user device” in preamble. Claim 1 further recites “a user device” in the body of claim 1, third limitation, where “obtaining, via a user device associated with a second user”. It is unclear if the second citation of “a user device” refers to the same or different user device, thus creating ambiguities when interpreting the claim language.
Claim 13 has the similar issue and therefore is rejected for the same reason as above.
Since claims 1 and 13 are rejected, their respective dependent claims are rejected due to dependency.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
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 1-8, 10, 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Balsam et al. (US 11736535 B1, hereinafter Balsam et al.) in view of Chein et al. (US 9756458, hereinafter Chein).
As to claims 1 and 13, Balsam teaches, A method of controlling a user device, the method comprising:
obtaining, via an extended reality (XR) headset, a biometric response of a first user. [Col. 8 line 5-24, Discovery enabling module 308 may be configured to enable a discovery setting by a first user wearing a first artificial reality device. The discovery setting may allow for other users to discover the first user. Discovering the first user may include being alerted as to the first user's nearby presence. In some implementations, the artificial reality device may include an artificial reality headset. The artificial reality headset may be configured to allow the user to access an artificial reality environment (e.g., augmented reality, mixed reality, virtual reality, etc.). The user may interact with the artificial reality environment through one or more of gestures, voice commands, biometric responses, and/or other interactions.]
determining, based on obtained location data, a location of the first user; [col. 9 line 35-40, Location and/or speed detection module 324 may be configured to detect a location and/or speed of the user. The location and/or speed of the user may be used to determine whether the first user is travelling by foot, by car, by boat, by train, by plane, and/or other mode of travel.]
obtaining, via a user device associated with a second user, a location of the second user; [col. 8 line 25-35, Presence detection module 310 may be configured to detect a presence of at least a second user wearing a second artificial reality device. The presence may be within a range of the first user. By way of non-limiting example, the range may be within 10 meters, 25 meters, 50 meters, 100 meters, 200 meters, or 400 meters between the first user and the second user. The range can be controlled by the user. Different methods may be utilized for physically locating other users relative to the user based on a distance of individual ones of the other users to the user.]
determining, using control circuitry, that the first user and the second user are co-located based on the location of the first user and the location of the second user; [col. 8 line 25-35, Presence detection module 310 may be configured to detect a presence of at least a second user wearing a second artificial reality device. The presence may be within a range of the first user. By way of non-limiting example, the range may be within 10 meters, 25 meters, 50 meters, 100 meters, 200 meters, or 400 meters between the first user and the second user. The range can be controlled by the user. Different methods may be utilized for physically locating other users relative to the user based on a distance of individual ones of the other users to the user.]
responsive to determining the first user and the second user are co-located, determining, using control circuitry, a particular familiarity level of the first user based on the biometric response of the first user (col 8, line 5-24, nearby…biometric responses…also see col. 8 line 25-34, range and detect presence; also see col 8, line 52- col. 9 line 3);
generating, using control circuitry and based on determining the particular familiarity level, a user notification indicating a presence of the first user (see col. 9 line 57-64, notification).
Balsam discloses a particular familiarity level but does not specifically disclose a particular interest.
However, in a similar endeavor, Chein discloses a particular interest of the users (see col. 4, line 51-65).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to modify Balsam with Chein, in order to facilitate users to interact with each other when they share common interests, thus promoting direct communication among users based on common interest and location. (see col. 4, line 51-65).
As to claim 2 and 14, Balsam teaches, wherein the location of the first user and the location of the second user each comprise GPS data and/or wireless network data. [col. 8, line 5-25, In some implementations, by way of non-limiting example, the artificial reality device may be connected to a wireless network through at least one of Wi-Fi, Bluetooth, or cellular data.]
and wherein determining that the first user and second user are co-located comprises: comparing, using control circuitry, the location of the second user to the location of the first user; [col. 8 line 25-25, Presence detection module 310 may be configured to detect a presence of at least a second user wearing a second artificial reality device. The presence may be within a range of the first user. By way of non-limiting example, the range may be within 10 meters, 25 meters, 50 meters, 100 meters, 200 meters, or 400 meters between the first user and the second user. The range can be controlled by the user. Different methods may be utilized for physically locating other users relative to the user based on a distance of individual ones of the other users to the user.]
and verifying, using control circuitry, that the first user and the second user are co- located when the location of the second user and the location of the first user substantially correspond. [col. 8 line 25-25, Presence detection module 310 may be configured to detect a presence of at least a second user wearing a second artificial reality device. The presence may be within a range of the first user. By way of non-limiting example, the range may be within 10 meters, 25 meters, 50 meters, 100 meters, 200 meters, or 400 meters between the first user and the second user. The range can be controlled by the user. Different methods may be utilized for physically locating other users relative to the user based on a distance of individual ones of the other users to the user.]
As to claims 3 and 15, Balsam teaches, wherein the location of the first user and the location of the second user each comprise auditory data and/or photographic data, [¶ 70, according to an aspect, the process 400 further includes adjusting an audio output of the first artificial reality device to reflect a direction of approach to and/or retreat from the first user by the second user.]
and wherein determining that the first user and second user are co-located comprises: comparing, using control circuitry, the location of the second user to the location of the first user; [ col. 8 line 25-25, Presence detection module 310 may be configured to detect a presence of at least a second user wearing a second artificial reality device. The presence may be within a range of the first user. By way of non-limiting example, the range may be within 10 meters, 25 meters, 50 meters, 100 meters, 200 meters, or 400 meters between the first user and the second user. The range can be controlled by the user. Different methods may be utilized for physically locating other users relative to the user based on a distance of individual ones of the other users to the user.]
and verifying, using control circuitry, that the first user and the second user are co- located when the location of the second user and the location of the first user substantially correspond. [ col. 8 line 25-25, Presence detection module 310 may be configured to detect a presence of at least a second user wearing a second artificial reality device. The presence may be within a range of the first user. By way of non-limiting example, the range may be within 10 meters, 25 meters, 50 meters, 100 meters, 200 meters, or 400 meters between the first user and the second user. The range can be controlled by the user. Different methods may be utilized for physically locating other users relative to the user based on a distance of individual ones of the other users to the user.]
As to claims 4 and 16, Balsam in view of Chein teaches the method according to claim 1, wherein the method further comprises: obtaining other profile data associated with another user of a corresponding other user device, wherein: the other profile data comprises a location of the other user, and the other user is a different user to the first user and the second user; comparing, using control circuitry, the location of the other user to the location of the first user and the location of the second user to determine that the location of the other user substantially corresponds to the location of the first user and the location of the second user and that the other user is co-located with the first and second users; and verifying, using control circuitry, that the first user and the second user are co- located in response to determining that the other user is co-located with the first and second users. (see Balsam, col. 8 lines 5-34)
As to claims 5 and 17, Balsam teaches, wherein the method further comprises: obtaining profile data associated with the second user, the profile data comprising the location of the second user. [col. 8 line 25-25, Presence detection module 310 may be configured to detect a presence of at least a second user wearing a second artificial reality device. The presence may be within a range of the first user. By way of non-limiting example, the range may be within 10 meters, 25 meters, 50 meters, 100 meters, 200 meters, or 400 meters between the first user and the second user. The range can be controlled by the user. Different methods may be utilized for physically locating other users relative to the user based on a distance of individual ones of the other users to the user.]
As to claims 6 and 18, Balsam in view of Chein teaches wherein the profile data associated with the second user further comprises identification data associated with the second user.(see Chein, col. 6, lines 33-53)
As to claims 7 and 19, Balsam in view of Chein teaches wherein the identification data associated with the second user and/or the situational data each comprise at least one of: biometric data, wireless network data, auditory data, or photographic data. (see Chein, col. 20 lines 5-26)
As to claims 8 and 20, Balsam in view of Chein teaches wherein the method further comprises: obtaining other profile data associated with another user of a corresponding other user device, wherein: the other profile data comprises identification data associated with the other user, and the other user is a different user to the first user and the second user. (see Chein, fig. 1. Other users; col. 6, lines 33-53)
As to claim 10, Balsam teaches, wherein the method further comprises: determining, using control circuitry, a distance between the first user and the second user based on the location of the first user and the location of the second user; [col. 8 line 5-25, Presence detection module 310 may be configured to detect a presence of at least a second user wearing a second artificial reality device. The presence may be within a range of the first user. By way of non-limiting example, the range may be within 10 meters, 25 meters, 50 meters, 100 meters, 200 meters, or 400 meters between the first user and the second user. The range can be controlled by the user. Different methods may be utilized for physically locating other users relative to the user based on a distance of individual ones of the other users to the user.]
determining, using the control circuitry, if the first user is within a predetermined distance of the second user based on the determined distance; [col. 8 line 5-25, Presence detection module 310 may be configured to detect a presence of at least a second user wearing a second artificial reality device. The presence may be within a range of the first user. By way of non-limiting example, the range may be within 10 meters, 25 meters, 50 meters, 100 meters, 200 meters, or 400 meters between the first user and the second user. The range can be controlled by the user. Different methods may be utilized for physically locating other users relative to the user based on a distance of individual ones of the other users to the user.]
and only upon determining the first user is located within a predetermined distance of the second user, determining, using control circuitry, the particular interest of the first user. [col. 8 line 5-25, Familiarity level determination module 312 may be configured to determine a familiarity level of the first user with the second user. By way of non-limiting example, the familiarity level may be based on one or more of social media, contacts, or message history. The familiarity threshold may be based on a number of interactions between the first user and the second user. By way of non-limiting example, the number of interactions may be based on one or more of a frequency and/or recency of past messages and/or calls, a frequency and/or recency of real-world contacts, a relationship closeness and/or category, a number and/or closeness of common social connections, a sentiment analysis of past interactions, or a duration of past interactions.]
As to claim 12, Balsam in view of Chein teaches, wherein the method further comprises: transmitting to the user device associated with the second user, using control circuitry, the user notification indicating the presence of the first user and indicating the first user is attracted to the second user. (see Chein, col 20, lines 27-45)
Claims 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Balsam in view of Chein, and further in view of Purves et al. (US 20150073907, hereinafter Purves).
As to claim 9, Balsam in view of Chein fails to teach wherein determining the particular interest of the first user comprises: comparing, using control circuitry, the biometric response of the first user to a threshold; and identifying, using control circuitry, the particular interest if the biometric response meets the threshold.
However, in a similar endeavor, Purves discloses a biometric meets a threshold and determines the user is interested in something if user’s biometric meets a threshold ([0171]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's claimed invention to modify Balsam in view of Chein, in order to gauge users interest level based on biometric responses meeting a certain threshold, thus creating an additional way to assess users’ interest. (see Purves [0171]).
As to claim 11, Balsam in view of Chein and Purves teaches wherein: the particular interest of the first user indicates the first user is attracted to the second user based on the biometric response of the first user (see Purves [0171] consumer is interested/attracted to something based on biometric meeting a threshold).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHY W WANG-HURST whose telephone number is (571)270-5371. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
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/KATHY W WANG-HURST/Supervisory Patent Examiner, Art Unit 2644
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