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 .
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-8 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2007/0006889 A1 to Kobal et al.
As to claim 1, Kobal discloses a method of outputting a virtual smoke image, performed by an electronic device, the method comprising:
outputting target image content selected by a user through a display of an electronic device (Fig. 4A and 4B, paragraphs 0036-0038, where an image is displayed on viewing device (410) of HMD (400));
receiving sensing information about a state of an aerosol generating device connected to the electronic device from the aerosol generating device (Fig. 3-5, paragraphs 0047-0052, where sensor tracker (510) of computer (500) receives sensing information from the sensor (340) of cigarette model (300));
generating a virtual smoke image based on weather information corresponding to the target image content and the sensing information (Fig. 3-5, paragraphs 0047-0052, where image generator (520) generates a virtual smoke image), wherein the target image content is content produced in advance to include the weather information corresponding to a scene in the target image content (Fig. 3-4D, paragraphs 0036-0038, where the live environment and scenery, which includes the weather in the live environment, is produced in advance by mixer (430) as the live environment is superimposed with augmented reality); and
outputting the virtual smoke image through the display of the electronic device (Fig. 3-5, paragraphs 0047-0052, where image transmitter (530) outputs an image to viewing device (410)).
As to claim 3, Kobal discloses the method, wherein the virtual smoke image is output to be synthesized with the scene in the target image content (Fig. 6 and 7, paragraphs 0054-0058, where smoke emission (620) is a virtual smoke image).
As to claim 4, Kobal discloses the method, wherein the generating of the virtual smoke image based on the weather information corresponding to the target image content and the sensing information comprises:
determining the weather information further based on a scene in the target image content (Fig. 3-5, paragraphs 0049-0058, where through the combined use of sensor (340) and sensor tracker (510) the environment information is determined); and
generating the virtual smoke image based on the weather information and the sensing information (Fig. 3-7, paragraphs 0049-0058, where the image generator (520) generates a virtual or augmented image of the smoke (620) based on the sensed environment information).
As to claim 5, Kobal discloses the method, wherein the generating of the virtual smoke image based on the weather information corresponding to the target image content and the sensing information comprises:
determining the weather information further based on location information related to the target image content (Fig. 3-7, paragraphs 0049-0058, where through the combined use of sensor (340) and sensor tracker (510) the environment information in the location is determined); and
generating the virtual smoke image based on the weather information and the sensing information (Fig. 3-7, paragraphs 0049-0058, where the image generator (520) generates a virtual or augmented image of the smoke (620) based on the sensed environment information).
As to claim 6, Kobal discloses the method, wherein the outputting of the virtual smoke image through the display of the electronic device comprises outputting the virtual smoke image to be superimposed on the target image content being output by the electronic device (Fig. 3-7, paragraphs 0049-0058, where smoke (620) is outputted through viewing device (410) in an augmented reality manner by mixer (430)).
As to claim 7, Kobal discloses the method of claim 1, wherein the generating of the virtual smoke image based on the weather information corresponding to the target image content and the sensing information comprises:
determining a property of virtual smoke based on the weather information and the sensing information, wherein the property of virtual smoke comprises at least one of a size, a shape, and a duration of the virtual smoke (Fig. 3-7, paragraphs 0049-0058, where the property of the virtual smoke (620) is determined by ambient room conditions so as to change the size, shape, and duration of the virtual smoke (620)); and
generating the virtual smoke image based on the property of the virtual smoke (Fig. 3-7, paragraphs 0049-0058, where image generator (520) generates the virtual smoke (620)).
As to claim 8, Kobal discloses the method, wherein the outputting of the virtual smoke image through the display of the electronic device comprises:
determining an expiration timepoint at which the user of the aerosol generating device starts expiration based on the sensing information (Fig. 6 and 7, paragraphs 0054-0059, where the expiration timepoint is based on the inhale and exhale durations, puff volumes, and profiles); and
outputting the virtual smoke image at the expiration timepoint (Fig. 6 and 7, paragraphs 0054-0059, where the virtual smoke (620) is outputted based on the sensed inhaling and exhaling).
As to claim 12, Kobal discloses the method, wherein a request for the connection is received through a dongle connected to the electronic device from the aerosol generating device establishing a wireless communication channel with the dongle (Fig. 2-5, paragraphs 0032-0052, where the cigarette (300), HMD (400), and computer (500) communicate with each other wirelessly).
As to claim 13, Kobal discloses the method, wherein the electronic device and the aerosol generating device directly establish a wireless communication channel (Fig. 2-5, paragraphs 0032-0052, where cigarette (300), HMD (400), and computer (500) communicate with each other wirelessly), and
the sensing information is received from the aerosol generating device through the wireless communication channel (Fig. 2-5, paragraphs 0047-0051, where sensing information from sensor (340) is received by computer (500) via sensor tracker (510)).
As to claim 14, Kobal discloses a computer-readable storage medium storing a program for performing the method of claim 1 (Fig. 5, paragraph 0047, where computer (500) has a computer-readable storage medium).
As to claim 15, Kobal discloses limitations similar to claim 1. In addition, Kobal discloses an electronic device comprising:
a display (Fig. 4A and 4B, paragraphs 0036-0038, where an image is displayed on viewing device (410) of HMD (400));
a memory configured to store a program for outputting a virtual smoke image (Fig. 5, paragraph 0047, where computer (500) has a memory); and
a processor configured to execute the program (Fig. 5, paragraph 0047, where computer (500) has a processor).
Allowable Subject Matter
Claims 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record alone, or in combination, fail to teach, disclose, or render obvious, ““wherein the determining of the expiration timepoint at which the user of the aerosol generating device starts expiration based on the sensing information comprises determining the expiration timepoint based on a first time when a distance between one side of the aerosol generating device and a body part of the user, detected by the aerosol generating device, reaches within a first threshold value and a second time when the distance between the one side of the aerosol generating device and the body part of the user exceeds a second threshold value after the first time”, in combination with the other limitations set forth in claim 9.
The prior art of record alone, or in combination, fail to teach, disclose, or render obvious, “wherein the determining of the expiration timepoint at which the user of the aerosol generating device starts expiration based on the sensing information comprises determining the expiration timepoint based on a change in capacitance of the aerosol generating device”, in combination with the other limitations set forth in claim 10.
Claim 11 is dependent on claim 10.
Response to Arguments
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive.
Applicant argues, with respect to claim 1, on pages 7-8, lines 6-12, Kobal fails to disclose, “wherein the target image content is content produced in advance to include the weather information corresponding to a scene in the target image content”. Examiner disagrees as Kobal discloses, “wherein the target image content is content produced in advance to include the weather information corresponding to a scene in the target image content” (Fig. 3-4D, paragraphs 0036-0038, where the live environment and scenery, which includes the weather in the live environment, is produced in advance by mixer (430) as the live environment is superimposed with augmented reality).
Applicant argues, with respect to claim 15, on page 8, lines 13-15, it is patentable for similar reasons as claim 1. Applicant also argues claims 3-14 are patentable based on their dependencies. Examiner disagrees for the reasons stated above.
Applicant argues, on pages 8-9, lines 20-2, the application is in condition for allowance. Examiner disagrees for the reasons stated above.
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 ANEETA YODICHKAS whose telephone number is (571)272-9773. The examiner can normally be reached Monday-Friday 9-5.
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ANEETA YODICHKAS
Primary Examiner
Art Unit 2627
/ANEETA YODICHKAS/Primary Examiner, Art Unit 2627