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 .
1. This action is responsive to communications: Amendment, filed on 05/05/2026.
2. Claims 1-8, 10-24, 26-27, 33-34, 36-52, 54-79 are pending in the case. Claims 1, 24 and 45 are independent claims. Claims 1, 2, 6, 8, 11, 12, 15, 18, 24, 26, 34, 36-38, 40, 45, 46, 50, 52, 55, 56, 59, and 61 have been amended. Claims 25, 28-32, 35, 44, and 80-83 are canceled.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 10-24, 26-27, 33-34, 36-52, 54-79 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.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 14/151,664, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The original filed Application’s Specification does not disclose “virtual object” or “finger-based” as claimed by the present application. Therefore, claims 1-8, 10-24, 26-27, 33-34, 36-52, 54-79 are not entitled to the benefit of the prior application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8, 10-24, 26-27, 33-34, 36-52, 54-79 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The claims (1, 11, 12, 15, 18, 24, 34, 38, 40, 45, 55-56, 59, and 61) recite “virtual object” which is not supported by Applicant’s Specification. Correction is required.
The claims (1, 3, 24, 26, 36, 45 and 47) recite “finger-based” which is not supported by Applicant’s Specification that discloses (Para 28) capturing an image of a finger or (Para 35) detecting a recognized gesture by processing a captured image of a tip of a finger. Correction is required.
Accordingly, claims 2-8, 10-23, 26-27, 33-34, 36-44, 46-52, 54-79 are rejected based on dependency from a rejected base claim.
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 1-8, 10-24, 26-27, 33-34, 36-52, 54-79 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.
Claims 1, 24 and 45 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: a virtual object associated with a coordinate location in a scene or an environment as disclosed by Applicant’s Specification (Para 8) teaching an AR device having a HMD identifies a portion of an object in a field of view of the HMD; a finger-based gesture detected from a captured image obtained from a camera as disclosed by Applicant’s Specification teaching (Para 28) capturing an image of a finger or (Para 35) detecting a recognized gesture by processing a captured image of a tip of a finger; and user selection of an icon to launch an application as disclosed by Applicant’s Specification teaching (Para 36) an application icon displayed on a HMD and visible in a field of view is interacted with, by a user, to select the icon and launch an application. Correction is required.
Accordingly, claims 2-8, 10-23, 26-27, 33-34, 36-44, 46-52, 54-79 are rejected based on dependency from a rejected base claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANTE HARRISON whose telephone number is (571)272-7659. The examiner can normally be reached Monday - Friday 8:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Harrington can be reached at 571-272-2330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHANTE E HARRISON/Primary Examiner, Art Unit 2615
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