DETAILED ACTION
The instant application having application No 18/208,630 filed on 12/12/2025 is presented for examination by the examiner.
Response to Argument
Applicant's arguments with respect to claims 1-17, 21-22, 24-37 and 101 have been considered but are moot in view of the new ground(s) of rejection. However, the new ground(s) of rejection is made in view of over Dryer et al. (U.20240103678, Mar. 28, 2024) in view of Bicking et al. (US 20230325002, Oct. 12, 2023).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-5, 8-11, 15-16, 21-22, 24-25, 28-31, 35-36 and 101 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dryer et al. (U.20240103678, Mar. 28, 2024) in view of Bicking et al. (US 20230325002, Oct. 12, 2023).
Regarding Claim 1, Dryer discloses a method comprising identifying a plurality of network devices within a range of a user performing a gesture (page 63, par (0386), line 1-10, the first hand gesture is performed within a first range of distances and a first range of angles relative to the computer system and relative to one or more cameras of the computer system (wherein performing a gesture within the range of the user distance)).
Dryer discloses all aspects of the claimed invention, except performing a selection process for selecting a subset of the plurality of network devices based at least in part on a relative direction of each network device of the plurality of network devices to the user and a directionality of the gesture; based at least in part on the performed selection process performing an operation for detecting the gesture using only the selected subset of the plurality of network devices.
Bicking is the same field of invention teaches performing a selection process for selecting a subset of the plurality of network devices based at least in part on a relative direction of each network device of the plurality of network devices to the user and a directionality of the gesture(page 7, par (0053), line 1-10, the user performs a gesture(e.g., a thumb and index finger pinch gesture) and the gesture is detected by the wrist-wearable device(first network device) the messenger application starting a new message with status message indicating that a microphone is active and awaiting voice inputs from the user while the gesture is held, a microphone on the wrist-wearable device and a microphone on the head-mounted display device(second network device) is activated in accordance with the gesture(performing a selection process for network devices to the user and a directionality of the gesture by thumb and index finger pinch gesture));
based at least in part on the performed selection process performing an operation for detecting the gesture using only the selected subset of the plurality of network devices(page 1, par (0005), line 1-10, the wearable devices configured to detect sequences or patterns of neuromuscular signals based on a user performing a particular in-air hand gesture).
Dryer and Bicking l analogous art because they are from the same field of endeavor of access to a service device.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the performing an operation for detecting the gesture using the selected subset of the plurality of network devices the teaching of Dryer to include the wearable devices configured to detect sequences or patterns of neuromuscular signals based on a user performing a particular in-air hand gesture teaching of Bicking because it is providing visibility into the real world that visually immerses a user in an artificial reality.
Regarding Claim 2, Dryer discloses all aspects of the claimed invention, except the selecting the subset of the plurality of network devices based on the relative direction of each network device of the plurality of network devices to the user and the directionality of the gesture comprises ranking each of the plurality of network devices; and selecting the subset of the plurality of network devices based on the ranking.
Bicking is the same field of invention teaches the selecting the subset of the plurality of network devices based on the relative direction of each network device of the plurality of network devices to the user and the directionality of the gesture comprises ranking each of the plurality of network devices (page 22, par (0005), line 1-10, all available gesture commands are ranked, and the one or more available gesture commands include one or more top-ranked commands, the plurality of actions is different from the plurality of actions in the actions menu); and selecting the subset of the plurality of network devices based on the ranking(page 22, par (0005), line 1-10, all available gesture commands are ranked, and the one or more available gesture commands include one or more top-ranked commands, the plurality of actions is different from the plurality of actions in the actions menu, due to the word-processing application 301 being in a different mode).
Regarding Claim 3, Dryer discloses all aspects of the claimed invention, except the ranking of each of the plurality of network devices is based on a number of independent paths for each of the plurality of network devices.
Bicking is the same field of invention teaches the ranking of each of the plurality of network devices is based on a number of independent paths for each of the plurality of network devices (page 13, par (0110), line 1-10, the user can define gestures using the learning module(learning module is ranking the first to learn the gesture), the user can enter a training phase in which a user-defined gesture is associated with one or more input commands that when provided to a computing device(one of the Plurality of devices) cause the computing device to perform an action, the one or more input commands associated with the user-defined gesture can be used to cause the wearable device to perform one or more actions locally, the user-defined gesture, once trained(after trained is a second rank), is stored in the memory to the motor actions, the one or more processors can use the detected neuromuscular signals by the sensors to determine that a user-defined gesture was performed by the user, also see par(0105), A motor action is an intended motor action where before the user performs the motor action or before the user completes the motor action the detected neuromuscular signals traveling through the neuromuscular pathways(independent paths for each devices) can be determined to be the motor action).
Regarding Claim 4, Dryer discloses the ranking of each of the plurality of network devices is based on a channel state information (CSI) indicator matrix for each of the plurality of network devices(page 20, par (0149), line 1-10, an optical module including a housing, display assembly coupled to the housing, and a lens coupled to the housing, the housing defines a first aperture or channel and a second aperture or channel, the channels configured to slidably engage respective rails or guide rods of an HMD device to allow the optical module to adjust in position relative to the user's eyes for match the user's interpapillary distance).
Regarding Claim 5, Dryer discloses the ranking of each of the plurality of network devices is based on a principal components analysis of the CSI indicator matrix for each of the plurality of network devices(page 20, par (0149), line 1-10, an optical module including a housing, display assembly coupled to the housing, and a lens coupled to the housing, the housing defines a first aperture or channel and a second aperture or channel, the channels configured to slidably engage respective rails or guide rods of an HMD device to allow the optical module to adjust in position relative to the user's eyes for match the user's interpapillary distance).
Regarding Claim 8, Dryer discloses the selecting the subset of the plurality of network devices based on the relative direction of each network device of the plurality of network devices to the user and the directionality of the gesture comprises prompting the user to perform the gesture(page 63, par (0388), line 1-10, determination that the first hand gesture in front of the face of the user meets the first set of criteria includes a determination that a direction of the first hand gesture satisfies directional criteria direction relative to the face of the user, the first set of criteria includes a gesture direction criterion that is met based on a direction of movement of the hand of the user while the hand is performing the first hand gesture);
and testing each of the plurality of network devices (page 4, par (0021), line 1-10, detecting input devices in response to detecting the first set of conditions of the computer system).
Regarding Claim 9, Dryer discloses all aspects of the claimed invention, except the testing of each of the plurality of network devices comprises testing at least one of a received signal strength indicator (RSSI), a channel state information (CSI) indicator, a Doppler effect, or a frequency shift of each of the plurality of network devices.
Bicking is the same field of invention teaches the testing of each of the plurality of network devices comprises testing at least one of a received signal strength indicator (RSSI), a channel state information (CSI) indicator, a Doppler effect, or a frequency shift of each of the plurality of network devices (page 15, par (0131), line 1-10, the neuromuscular sensors include infrared, pyroelectric, ultrasonic, microphone, laser, optical, Doppler, gyro, accelerometer, resonant LC sensors, capacitive sensors, acoustic sensors, and/or inductive sensors).
Regarding Claim 10, Dryer discloses all aspects of the claimed invention, except the testing of each of the plurality of network devices comprises testing each of the RSSI, the CSI indicator, the Doppler effect, and the frequency shift of each of the plurality of network devices.
Bicking is the same field of invention teaches the testing of each of the plurality of network devices comprises testing each of the RSSI, the CSI indicator, the Doppler effect, and the frequency shift of each of the plurality of network devices (page 15, par (0131), line 1-10, the neuromuscular sensors include infrared, pyroelectric, ultrasonic, microphone, laser, optical, Dopple effect).
Regarding Claim 11, Dryer discloses generating channel data for each of the plurality of network devices based on the testing, wherein the selecting the subset of the plurality of network devices based on the relative direction of each network device of the plurality of network devices to the user and the directionality of the gesture comprises(page 63, par (0388), line 1-10, determination that the first hand gesture in front of the face of the user meets the first set of criteria includes a determination that a direction of the first hand gesture satisfies directional criteria direction relative to the face of the user, the first set of criteria includes a gesture direction criterion that is met based on a direction of movement of the hand of the user while the hand is performing the first hand gesture) selecting the subset of the plurality of network devices based on the generated channel data(page 4, par (0021), line 1-10, detecting input devices in response to detecting the first set of conditions of the computer system).
Regarding Claim 15, Dryer discloses the identifying the plurality of network devices within the range of the user performing the gesture includes filtering the identified devices based on a proximity to the transmitter(page 62, par (0380), line 1-10, computer system detects, via the one or more input Devices (plurality of network devices), a first-hand gesture (e.g., one or more hand gestures, one or more air gestures, a first set of hand gestures, and a first set of air gestures) in front of a face of a user of the computer system).
Regarding Claim 16, Dryer discloses the identifying the plurality of network devices within the range of the user performing the gesture includes filtering the identified devices based on a strength of a signal(page 62, par (0380), line 1-10, computer system detects, via the one or more input Devices (plurality of network devices), a first-hand gesture (e.g., one or more hand gestures, one or more air gestures, a first set of hand gestures, and a first set of air gestures) in front of a face of a user of the computer system).
18.-20. (Cancelled)
Regarding Claim 21, Dryer discloses a method comprising identifying a plurality of network devices within a range of a user performing a gesture (page 63, par (0386), line 1-10, the first hand gesture is performed within a first range of distances and a first range of angles relative to the computer system and relative to one or more cameras of the computer system (wherein performing a gesture within the range of the user distance)).
Dryer discloses all aspects of the claimed invention, except performing a selection process for selecting a subset of the plurality of network devices based at least in part on a relative direction of each network device of the plurality of network devices to the user and a directionality of the gesture; based at least in part on the performed selection process performing an operation for detecting the gesture using only the selected subset of the plurality of network devices.
Bicking is the same field of invention teaches performing a selection process for selecting a subset of the plurality of network devices based at least in part on a relative direction of each network device of the plurality of network devices to the user and a directionality of the gesture(page 7, par (0053), line 1-10, the user performs a gesture(e.g., a thumb and index finger pinch gesture) and the gesture is detected by the wrist-wearable device(first network device) the messenger application starting a new message with status message indicating that a microphone is active and awaiting voice inputs from the user while the gesture is held, a microphone on the wrist-wearable device and a microphone on the head-mounted display device(second network device) is activated in accordance with the gesture(performing a selection process for network devices to the user and a directionality of the gesture by thumb and index finger pinch gesture));
based at least in part on the performed selection process performing an operation for detecting the gesture using only the selected subset of the plurality of network devices(page 1, par (0005), line 1-10, the wearable devices configured to detect sequences or patterns of neuromuscular signals based on a user performing a particular in-air hand gesture).
Dryer and Bicking l analogous art because they are from the same field of endeavor of access to a service device.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the performing an operation for detecting the gesture using the selected subset of the plurality of network devices the teaching of Dryer to include the wearable devices configured to detect sequences or patterns of neuromuscular signals based on a user performing a particular in-air hand gesture teaching of Bicking because it is providing visibility into the real world that visually immerses a user in an artificial reality.
Regarding Claim 22, Dryer discloses all aspects of the claimed invention, except the circuitry configured to select the subset of the plurality of network devices based on the relative direction of each network device of the plurality of network devices to the user and the directionality of the gesture is configured to rank each of the plurality of network devices; and select the subset of the plurality of network devices based on the ranking.
Bicking is the same field of invention teaches the circuitry configured to select the subset of the plurality of network devices based on the relative direction of each network device of the plurality of network devices to the user and the directionality of the gesture is configured to rank each of the plurality of network devices(page 22, par (0005), line 1-10, all available gesture commands are ranked, and the one or more available gesture commands include one or more top-ranked commands, the plurality of actions is different from the plurality of actions in the actions menu); and select the subset of the plurality of network devices based on the ranking (page 22, par (0005), line 1-10, all available gesture commands are ranked, and the one or more available gesture commands include one or more top-ranked commands, the plurality of actions is different from the plurality of actions in the actions menu, due to the word-processing application 301 being in a different mode).
23(canceled).
Regarding Claim 24, Dryer discloses the ranking of each of the plurality of network devices is based on a channel state information (CSI) indicator matrix for each of the plurality of network devices(page 20, par (0149), line 1-10, an optical module including a housing, display assembly coupled to the housing, and a lens coupled to the housing, the housing defines a first aperture or channel and a second aperture or channel, the channels configured to slidably engage respective rails or guide rods of an HMD device to allow the optical module to adjust in position relative to the user's eyes for match the user's interpapillary distance).
Regarding Claim 25, Dryer discloses the ranking of each of the plurality of network devices is based on a principal components analysis of the CSI indicator matrix for each of the plurality of network devices(page 20, par (0149), line 1-10, an optical module including a housing, display assembly coupled to the housing, and a lens coupled to the housing, the housing defines a first aperture or channel and a second aperture or channel, the channels configured to slidably engage respective rails or guide rods of an HMD device to allow the optical module to adjust in position relative to the user's eyes for match the user's interpapillary distance).
Regarding Claim 28, Dryer discloses the circuitry configured to select the subset of the plurality of network devices based on the relative direction of each network device of the plurality of network devices to the user and the directionality of the gesture is configured to prompt the user to perform the gesture(page 63, par (0388), line 1-10, determination that the first hand gesture in front of the face of the user meets the first set of criteria includes a determination that a direction of the first hand gesture satisfies directional criteria direction relative to the face of the user, the first set of criteria includes a gesture direction criterion that is met based on a direction of movement of the hand of the user while the hand is performing the first hand gesture); and test each of the plurality of network devices(page 4, par (0021), line 1-10, detecting input devices in response to detecting the first set of conditions of the computer system).
Regarding Claim 29, Dryer discloses all aspects of the claimed invention, except the testing of each of the plurality of network devices comprises testing at least one of a received signal strength indicator (RSSI), a channel state information (CSI) indicator, a Doppler effect, or a frequency shift of each of the plurality of network devices.
Bicking is the same field of invention teaches the testing of each of the plurality of network devices comprises testing at least one of a received signal strength indicator (RSSI), a channel state information (CSI) indicator, a Doppler effect, or a frequency shift of each of the plurality of network devices (page 15, par (0131), line 1-10, the neuromuscular sensors include infrared, pyroelectric, ultrasonic, microphone, laser, optical, Doppler, gyro, accelerometer, resonant LC sensors, capacitive sensors, acoustic sensors, and/or inductive sensors).
Regarding Claim 30, Dryer discloses all aspects of the claimed invention, except the testing of each of the plurality of network devices comprises testing each of the RSSI, the CSI indicator, the Doppler effect, and the frequency shift of each of the plurality of network devices.
Bicking is the same field of invention teaches the testing of each of the plurality of network devices comprises testing each of the RSSI, the CSI indicator, the Doppler effect, and the frequency shift of each of the plurality of network devices (page 15, par (0131), line 1-10, the neuromuscular sensors include infrared, pyroelectric, ultrasonic, microphone, laser, optical, Dopple effect).
Regarding Claim 31, Dryer discloses the circuitry is configured to: generate channel data for each of the plurality of network devices based on the testing, wherein the circuitry configured to select the subset of the plurality of network devices based on the relative direction of each network device of the plurality of network devices to the user and the directionality of the gesture(page 63, par (0388), line 1-10, determination that the first hand gesture in front of the face of the user meets the first set of criteria includes a determination that a direction of the first hand gesture satisfies directional criteria direction relative to the face of the user, the first set of criteria includes a gesture direction criterion that is met based on a direction of movement of the hand of the user while the hand is performing the first hand gesture) is configured to select the subset of the plurality of network devices based on the generated channel data(page 4, par (0021), line 1-10, detecting input devices in response to detecting the first set of conditions of the computer system).
Regarding Claim 35, Dryer discloses the circuitry configured to identify the plurality of network devices within the range of the user performing the gesture is configured to filter the identified devices based on a proximity to the transmitter(page 62, par (0380), line 1-10, computer system detects, via the one or more input Devices (plurality of network devices), a first-hand gesture (e.g., one or more hand gestures, one or more air gestures, a first set of hand gestures, and a first set of air gestures) in front of a face of a user of the computer system).
Regarding Claim 36, Dryer discloses the circuitry configured to identify the plurality of network devices within the range of the user performing the gesture is configured to filter the identified devices based on a strength of a signal(page 62, par (0380), line 1-10, computer system detects, via the one or more input Devices (plurality of network devices), a first-hand gesture (e.g., one or more hand gestures, one or more air gestures, a first set of hand gestures, and a first set of air gestures) in front of a face of a user of the computer system).
38.-100. (Cancelled)
Regarding Claim 101, Dryer discloses a method comprising: identifying a plurality of network devices within a range of a user performing a gesture (page 63, par (0386), line 1-10, the first hand gesture is performed within a first range of distances and a first range of angles relative to the computer system and relative to one or more cameras of the computer system (wherein performing a gesture within the range of the user distance)).
Dryer discloses all aspects of the claimed invention, except selecting a subset of the plurality of network devices based at least in part on a relative direction of each network device of the plurality of network devices to the user and a directionality of the gesture, wherein the selecting comprises ranking each of the plurality of network devices based at least in part on a number of independent paths for each of the plurality of network devices; and performing an operation for detecting the gesture using the selected subset of the plurality of network devices.
Bicking is the same field of invention teaches selecting a subset of the plurality of network devices based at least in part on a relative direction of each network device of the plurality of network devices to the user and a directionality of the gesture(page 7, par (0053), line 1-10, the user performs a gesture(e.g., a thumb and index finger pinch gesture) and the gesture is detected by the wrist-wearable device(first network device) the messenger application starting a new message with status message indicating that a microphone is active and awaiting voice inputs from the user while the gesture is held, a microphone on the wrist-wearable device and a microphone on the head-mounted display device(second network device) is activated in accordance with the gesture(performing a selection process for network devices to the user and a directionality of the gesture by thumb and index finger pinch gesture)),
wherein the selecting comprises ranking each of the plurality of network devices based at least in part on a number of independent paths for each of the plurality of network devices(page 13, par (0110), line 1-10, the user can define gestures using the learning module(learning module is ranking the first to learn the gesture), the user can enter a training phase in which a user-defined gesture is associated with one or more input commands that when provided to a computing device(one of the Plurality of devices) cause the computing device to perform an action, the one or more input commands associated with the user-defined gesture can be used to cause the wearable device to perform one or more actions locally, the user-defined gesture, once trained(after trained is a second rank), is stored in the memory to the motor actions, the one or more processors can use the detected neuromuscular signals by the sensors to determine that a user-defined gesture was performed by the user, also see par(0105), A motor action is an intended motor action where before the user performs the motor action or before the user completes the motor action the detected neuromuscular signals traveling through the neuromuscular pathways(independent paths for each devices) can be determined to be the motor action);
and selecting the subset of the plurality of network devices based at least in part on the ranking(page 13, par (0110), line 1-10, the user can define gestures using the learning module(learning module is ranking the first to learn the gesture), the user can enter a training phase in which a user-defined gesture is associated with one or more input commands that when provided to a computing device(one of the Plurality of devices) cause the computing device to perform an action, the one or more input commands associated with the user-defined gesture can be used to cause the wearable device to perform one or more actions locally, the user-defined gesture, once trained(after trained is a second rank), is stored in the memory to the motor actions);
and performing an operation for detecting the gesture using the selected subset of the plurality of network devices (page 1, par (0005), line 1-10, the wearable devices configured to detect sequences or patterns of neuromuscular signals based on a user performing a particular in-air hand gesture).
Dryer and Bicking l analogous art because they are from the same field of endeavor of access to a service device.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the performing an operation for detecting the gesture using the selected subset of the plurality of network devices the teaching of Dryer to include the wearable devices configured to detect sequences or patterns of neuromuscular signals based on a user performing a particular in-air hand gesture teaching of Bicking because it is providing visibility into the real world that visually immerses a user in an artificial reality.
Examiner Notice
Claim 1 would be allowable if (i) claims 6 or 7 or 12 or 13 or 14 or 17 are incorporated into the independent claim 1.
Claim 21 would be allowable if (i) claims 26 or 27 or 29 or 32 or 33 or 34 are incorporated into the independent claim 21.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IQBAL ZAIDI whose telephone number is (571)270-3943. The examiner can normally be reached on M to Thu 8.a.m to 6.p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Q Ngo can be reached on 57-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IQBAL ZAIDI/
Primary Examiner, Art Unit 2464