DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The Amendment filed 10/14/2025 has been entered. Claims 17-19 have been added. Claims 1-19 remain pending in the application. Applicant’s amendments to the Claims have overcome the interpretation under 112(f) set forth in the previous Office Action.
Response to Arguments
Applicant’s arguments filed with the Amendment, with respect to rejections under prior art have been fully considered and are moot upon a new ground(s) of rejection, as necessitated by amendment, as outlined below.
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 3, 4-7, 9, 10, 12-14, and 19 is 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.
Claim 3 recites “a virtual gesture”. However, claim 2 previously introduces “a first virtual gesture” and “a second virtual gesture”. It is not clear whether the “an” refers to the first set of one or more inputs, an input of the first set of one or more inputs, or introduces a new input. This antecedent ambiguity renders the scope of the claim indefinite. Similarly for claims 7, 12-14, 19.
Claim 3 recites “receiving an input”. However, claim 2 previously introduces “a first set of one or more inputs”. It is not clear whether the “an input” refers to the first set of one or more inputs, an input of the first set of one or more inputs, or introduces a new input. This antecedent ambiguity renders the scope of the claim indefinite. Similarly for claims 4-7, 9, 19.
Claim 8 recites “displaying a virtual gestures icon”. However, claim 2 previously introduces “a first icon for a first virtual gesture” and “a second icon for a second virtual gesture”. It is not clear whether the “a virtual gestures icon” refers to the first or second virtual gesture icon or introduces a new virtual gesture icon. This antecedent ambiguity renders the scope of the claim indefinite.
Claim 10 recites “receiving the input”. However, claim 2 previously introduces “a first set of one or more inputs”, and claim 9 previously introduces “an input”. It is not clear whether “the input” is in reference to the “an input” of claim 9 or an input of the first set of one or more inputs of claim 2. This antecedent ambiguity renders the scope of the claim indefinite.
Claim 13 recites “receiving a first input”. However, claim 2 previously recites “a first set of one or more inputs”. It is not clear whether the “first input” refers to the first set of one or more inputs, an input of the first set of one or more inputs, or introduces a new input. This antecedent ambiguity renders the scope of the claim indefinite. Similarly for claim 14.
Prior Art
Listed herein below are the prior art references relied upon in this Office Action:
Mouilleseaux et al. (US Patent Application Publication 2009/0327964), referred to as Mouilleseaux herein [previously presented].
Torning et al. (US Patent Application Publication 2008/0235627), referred to as Torning herein [previously presented].
Fitzmaurice et al. (US Patent Application Publication 2008/0109751), referred to as Fitzmaurice herein.
Simske et al. (US Patent Number 6,385,351), referred to as Simske herein.
Examiner’s Note
Strikethrough notation in the pending claims has been added by the Examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 16 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Fitzmaurice.
Regarding claim 16, Fitzmaurice discloses a method, comprising: at an electronic device with a display (Fitzmaurice, ¶0035 – computer with display, processor, and hardware memory):
displaying, on the display, a first user interface; while displaying the first user interface, receiving a request to display a menu of virtual gestures, wherein the menu of virtual gestures includes a first icon for a first virtual gesture and a second icon for a second virtual gesture that is different from the first virtual gesture (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – press and hold results in a pop-up menu showing virtual icons for receiving input as a corresponding virtual gesture. A first icon can be a position layer icon, a second icon can be a rename layer icon);
while displaying the menu of virtual gestures, detecting a first set of one or more inputs that include a selection of a respective icon for a respective virtual gesture (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – press and hold results in a pop-up menu showing virtual icons for receiving input as a corresponding virtual gesture. A first icon can be a position layer icon, a second icon can be a rename layer icon); and
in response to detecting the first set of one or more inputs; in accordance with a determination that the respective icon corresponds to the first icon for the first virtual gesture, configuring the electronic device to, upon detection of a subsequent input, provide the first virtual gesture as an input that is directed to the first user interface (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the position layer icon the cursor is changed to a dragging hand icon, and the user is able to provide a position layer gesture as input); and
in accordance with a determination that the respective icon for the respective virtual gesture corresponds to the second icon for the second virtual gesture, configuring the electronic device to, upon detection of a subsequent input, provide the second virtual gesture as an input that is directed to the first user interface (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the rename layer icon the system is configured to enable the user to input a layer renaming virtual gesture).
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, 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 negated by the manner in which the invention was made.
Claim(s) 2, 3, 9-10, 15, 17, and 18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Fitzmaurice in view of Simske.
Regarding claim 2, Fitzmaurice discloses an electronic device, comprising: a display; one or more processors; memory;
displaying, on the display, a first user interface; while displaying the first user interface, receiving a request to display a menu of virtual gestures, wherein the menu of virtual gestures includes a first icon for a first virtual gesture and a second icon for a second virtual gesture that is different from the first virtual gesture (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 –press and hold results in a pop-up menu showing virtual icons for receiving input as a corresponding virtual gesture. A first icon can be a position layer icon, a second icon can be a rename layer icon);
while displaying the menu of virtual gestures, detecting a first set of one or more inputs that include a selection of a respective icon for a respective virtual gesture (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – press and hold results in a pop-up menu showing virtual icons for receiving input as a corresponding virtual gesture. A first icon can be a position layer icon, a second icon can be a rename layer icon); and
in response to detecting the first set of one or more inputs; in accordance with a determination that the respective icon corresponds to the first icon for the first virtual gesture, configuring the electronic device to, upon detection of a subsequent input, provide the first virtual gesture as an input that is directed to the first user interface (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the position layer icon the cursor is changed to a dragging hand icon, and the user is able to provide a position layer gesture as input); and
in accordance with a determination that the respective icon for the respective virtual gesture corresponds to the second icon for the second virtual gesture, configuring the electronic device to, upon detection of a subsequent input, provide the second virtual gesture as an input that is directed to the first user interface (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the rename layer icon the system is configured to enable the user to input a layer renaming virtual gesture).
However, in the same field of endeavor, Simske discloses an input interface including a pop-up menu for selecting a type of virtual gesture to input (Simske, 3:48-4:3 – highlighter tool can be accessed from a pop-up menu, changing the cursor shape to reflect the chosen tool, and enabling subsequent virtual gestures to perform highlighting), including
an electronic device, comprising: a display; one or more processors; memory; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions (Simske, Fig. 1 with, 3:48-4:3, 4:59-5:55 – software programs, stored in memory, executed by a processing element, implementing the user interface displayed on a hardware display).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified computer of Fitzmaurice to include storing software programs implementing the user interface based on the teachings of Simske. The motivation for doing so would have been to provide improved repeatability and ease of access to the interface via well-known computer architectures and operating systems.
Regarding claim 3, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses displaying, on the display, a visual indicator that corresponds to a virtual gesture; and receiving an input, wherein the input moves the visual indicator to a predefined region of the display (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the position layer icon the cursor is changed to a dragging hand icon, and the user is able to provide a position layer gesture as input).
Regarding claim 9, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses detecting selection of the first icon for the first virtual gesture; in response to detecting selection of the first icon for the first virtual gesture, displaying a number of visual indicators that correspond to the first virtual gesture; receiving an input; and in response to receiving the input, providing the first virtual gesture as an input that is directed to the first user interface (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the position layer icon the cursor is changed to a dragging hand icon, and the user is able to provide a position layer gesture as input).
Regarding claim 10, Fitzmaurice as modified discloses the elements of claim 9 above, and further discloses in response to receiving the input, moving the number of visual indicators that correspond to the first virtual gesture to simulate movement of the first virtual gesture on the display (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the position layer icon the cursor is changed to a dragging hand icon, and the user is able to provide a position layer gesture as input).
Regarding claim 15, Fitzmaurice discloses a non-transitory computer readable storage medium
displaying, on the display, a first user interface; and while displaying the first user interface, receiving a request to display a menu of virtual gestures, wherein the menu of virtual gestures includes a first icon for a first virtual gesture and a second icon for a second virtual gesture that is different form the first virtual gesture (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 –press and hold results in a pop-up menu showing virtual icons for receiving input as a corresponding virtual gesture A first icon can be a position layer icon, a second icon can be a rename layer icon);
while displaying the menu of virtual gestures, detecting a first set of one or more inputs that include a selection of a respective icon for a respective virtual gesture (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – press and hold results in a pop-up menu showing virtual icons for receiving input as a corresponding virtual gesture. A first icon can be a position layer icon, a second icon can be a rename layer icon); and
in response to detecting the first set of one or more inputs; in accordance with a determination that the respective icon corresponds to the first icon for the first virtual gesture, configurating the electronic device to, upon detection of a subsequent input, provide the first virtual gesture as an input that is directed to the first user interface (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the position layer icon the cursor is changed to a dragging hand icon, and the user is able to provide a position layer gesture as input); and
in accordance with a determination that the respective icon for the respective virtual gesture corresponds to the second icon for the second virtual gesture, configuring the electronic device to, upon detection of a subsequent input, provide the second virtual gesture as an input that is directed to the first user interface (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the rename layer icon the system is configured to enable the user to input a layer renaming virtual gesture).
However, in the same field of endeavor, Simske discloses an input interface including a pop-up menu for selecting a type of virtual gesture to input (Simske, 3:48-4:3 – highlighter tool can be accessed from a pop-up menu, changing the cursor shape to reflect the chosen tool, and enabling subsequent virtual gestures to perform highlighting), including
an electronic device, comprising: a display; one or more processors; memory; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions (Simske, Fig. 1 with, 3:48-4:3, 4:59-5:55 – software programs, stored in memory, executed by a processing element, implementing the user interface displayed on a hardware display).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified computer of Fitzmaurice to include storing software programs implementing the user interface based on the teachings of Simske. The motivation for doing so would have been to improve repeatability and ease of access to the interface via well-known computer architectures and operating systems.
Regarding claim 17, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses while the electronic device is configured to provide the first virtual gesture as an input that is directed to the first user interface: providing the first virtual gesture as an input that is directed to the first user interface; and displaying, on the display, a visual indicator for the first virtual gesture as the first virtual gesture is provided as an input that is directed to the first user interface (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the position layer icon the cursor is changed to a dragging hand icon, and the user is able to provide a position layer gesture as input. Simske, 3:48-4:3 – highlighter tool can be accessed from a pop-up menu, changing the cursor shape to reflect the chosen tool, and enabling subsequent virtual gestures to perform highlighting).
Regarding claim 18, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses wherein the visual indicator for the first virtual gesture moves as the first virtual gesture is provided as an input that is directed to the first user interface (Fitzmaurice, Figs. 2 and 11-12 with ¶0026, ¶0031-¶0034, ¶0050 – upon selection of the position layer icon the cursor is changed to a dragging hand icon, and the user is able to move the cursor to provide a position layer gesture as input. Simske, 3:48-4:3 – highlighter tool can be accessed from a pop-up menu, changing the cursor shape to reflect the chosen tool, and enabling subsequent virtual gestures to perform highlighting).
Claim(s) 4, 5, 6, 7, 8, 11-12, and 19 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Fitzmaurice in view of Simske in further view of Mouilleseaux.
Regarding claim 4, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses receiving an input, wherein the input corresponds to activation of a control on a device; and in response to receiving the input,
However, Fitzmaurice as modified appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Mouilleseaux discloses a radial menu (Mouilleseaux, Abstract and title), including
displaying a first menu on the display, the first menu including a virtual gesture selection icon, wherein the menu of virtual gestures is displayed in response to detecting selection of the virtual gesture selection icon (Mouilleseaux, Figs. 1a-1c with ¶0047-¶0050 – selection of a menu item results in a sub-menu corresponding to the selected item to be displayed).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice to include a submenu based on the teachings of Mouilleseaux. The motivation for doing so would have been to enable the menu to effectively manage scenarios which include too many items to display clearly (Mouilleseaux, ¶0058).
Regarding claim 5, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses receiving an input; and in response to receiving the input,
However, Fitzmaurice as modified appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Mouilleseaux discloses a radial menu (Mouilleseaux, Abstract and title), including
displaying a first menu on the display, the first menu including a virtual gesture selection icon, wherein the menu of virtual gestures is displayed in response to detecting selection of the virtual gesture selection icon (Mouilleseaux, Figs. 1a-1c with ¶0047-¶0050 – selection of a menu item results in a sub-menu corresponding to the selected item to be displayed).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice to include a submenu based on the teachings of Mouilleseaux. The motivation for doing so would have been to enable the menu to effectively manage scenarios which include too many items to display clearly (Mouilleseaux, ¶0058).
Regarding claim 6, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses displaying, on the display, a second user interface; receiving an input; and in response to receiving the input,
However, Fitzmaurice as modified appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Mouilleseaux discloses a radial menu (Mouilleseaux, Abstract and title), including
displaying a first menu on the display, the first menu including a virtual gesture selection icon, wherein the menu of virtual gestures is displayed in response to detecting selection of the virtual gesture selection icon (Mouilleseaux, Figs. 1a-1c with ¶0047-¶0050 – selection of a menu item results in a sub-menu corresponding to the selected item to be displayed).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice as modified to include a submenu based on the teachings of Mouilleseaux. The motivation for doing so would have been to enable the menu to effectively manage scenarios which include too many items to display clearly (Mouilleseaux, ¶0058).
Regarding claim 7, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses the one or more programs further including instructions for: displaying, on the display, a visual indicator that corresponds to a virtual gesture; receiving an input; and in response to receiving the input:
However, Fitzmaurice as modified appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Mouilleseaux discloses a radial menu (Mouilleseaux, Abstract and title), including
displaying a first menu on the display, the first menu including a virtual gesture selection icon, wherein the menu of virtual gestures is displayed in response to detecting selection of the virtual gesture selection icon; and displaying the visual indicator in a center region of the first menu (Mouilleseaux, Figs. 1a-1c with ¶0047-¶0050 – selection of a menu item results in a sub-menu corresponding to the selected item to be displayed around the cursor).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice as modified to include a submenu based on the teachings of Mouilleseaux. The motivation for doing so would have been to enable the menu to effectively manage scenarios which include too many items to display clearly (Mouilleseaux, ¶0058).
Regarding claim 8, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses displaying a virtual gestures icon; detecting selection of the virtual gestures icon; in response to detecting selection of the virtual gestures icon, 12 with ¶0031-¶0034, ¶0050 – Pop-up menu corresponding to a virtual gesture. The pop-up menu includes icons that correspond to the virtual gesture to be input. Fig. 11 with ¶0050 - at least eight virtual gestures are listed).
However, Fitzmaurice as modified appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Mouilleseaux discloses a radial menu (Mouilleseaux, Abstract and title), including
in response to detecting selection of the virtual gestures icon, displaying a second menu of virtual gestures, the second menu of virtual gestures including a plurality of icons representing types of virtual gestures; detecting selection of a virtual gesture icon in the second menu of virtual gestures, wherein the virtual gesture icon in the second menu of virtual gestures corresponds to a third virtual gesture; and in response to detecting selection of the respective virtual gesture icon in the second menu of virtual gestures (Mouilleseaux, Figs. 1a-1c with ¶0047-¶0050 – selection of a menu item results in a sub-menu corresponding to the selected item to be displayed).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice as modified to include a submenu based on the teachings of Mouilleseaux. The motivation for doing so would have been to enable the menu to effectively manage scenarios which include too many items to display clearly (Mouilleseaux, ¶0058).
Regarding claim 11, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses displaying a virtual device icon; detecting selection of the virtual device icon; in response to detecting selection of the virtual device icon,
detecting selection of a respective virtual device operation icon in the menu of virtual device operations; and in response to detecting selection of the respective virtual device operation icon in the menu of virtual device operations, performing an action that corresponds to the respective virtual device operation (Fitzmaurice, Figs. 2 and 11-12 with ¶0031-¶0034, ¶0050 – upon selection of the position layer icon the cursor is changed to a dragging hand icon, and the user is able to provide a position layer gesture as input (virtual device device).
However, Fitzmaurice as modified appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Mouilleseaux discloses a radial menu (Mouilleseaux, Abstract and title), including
displaying a virtual device icon; detecting selection of the virtual device icon; in response to detecting selection of the virtual device icon, displaying a menu of virtual device operations, the menu of virtual device operations including a plurality of icons representing types of virtual device operations (Mouilleseaux, Figs. 1a-1c with ¶0047-¶0050 – selection of a menu item results in a sub-menu corresponding to the selected item to be displayed. Fig. 10b with ¶0052 and ¶0090 – performing the command).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice as modified to include a submenu based on the teachings of Mouilleseaux. The motivation for doing so would have been to enable the menu to effectively manage scenarios which include too many items to display clearly (Mouilleseaux, ¶0058).
Regarding claim 12, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses displaying on the display, a visual indicator that corresponds to a virtual gesture,
However, Fitzmaurice appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Mouilleseaux discloses a radial menu (Mouilleseaux, Abstract and title), including
displaying on the display, a visual indicator that corresponds to a virtual gesture, and while displaying a menu on the display, constraining movement of the visual indicator such that the visual indicator remains on the menu (Mouilleseaux, ¶0048, ¶0056 – highlighting menu selections such that every direction from the center results in the indicator remaining on the menu).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice as modified to include a submenu based on the teachings of Mouilleseaux. The motivation for doing so would have been to enable the user to more easily select menu items, especially when the user may not be actively looking at the menu (Mouilleseaux, ¶0092).
Regarding claim 19, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses displaying, on the display, a visual indicator that corresponds to a virtual gesture; receiving an input; and in response to receiving the input, d
However, Fitzmaurice as modified appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Mouilleseaux discloses a radial menu (Mouilleseaux, Abstract and title), including
displaying a first menu on the display, the first menu including a virtual gesture selection icon, wherein the menu of virtual gestures is displayed in response to detecting selection of the virtual gesture selection icon (Mouilleseaux, Figs. 1a-1c with ¶0047-¶0050 – selection of a menu item results in a sub-menu corresponding to the selected item to be displayed).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice as modified to include a submenu based on the teachings of Mouilleseaux. The motivation for doing so would have been to enable the menu to effectively manage scenarios which include too many items to display clearly (Mouilleseaux, ¶0058).
Claim(s) 13-14 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Fitzmaurice in view of Simske in further view of Mouilleseaux in further view of Torning.
Regarding claim 13, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses displaying, on the display, a visual indicator that corresponds to a virtual gesture; receiving a first input; in response to receiving the first input,
However, Fitzmaurice as modified appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Mouilleseaux discloses a radial menu (Mouilleseaux, Abstract and title), including
displaying a first menu on the display, the first menu including a virtual gesture selection icon, wherein the menu of virtual gestures is displayed in response to detecting selection of the virtual gesture selection icon (Mouilleseaux, Figs. 1a-1c with ¶0047-¶0050 – selection of a menu item results in a sub-menu corresponding to the selected item to be displayed).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice to include a submenu based on the teachings of Mouilleseaux. The motivation for doing so would have been to enable the menu to effectively manage scenarios which include too many items to display clearly (Mouilleseaux, ¶0058).
However, Fitzmaurice as modified appears not to expressly disclose waiting to receive input for more than a predefined time period; and in response to waiting to receive input for more than the predefined time period, ceasing to display the first menu.
However, Fitzmaurice as modified appears not to expressly disclose while displaying the first menu on the display, receiving a second input from the adaptive input device when the first visual indicator is displayed off the first menu; and, in response to the second input, ceasing to display the first menu
However, in the same field of endeavor, Torning discloses a radial menu (Torning, Abstract), including
while displaying the first menu on the display, receiving a second input from the adaptive input device when the first visual indicator is displayed off the first menu; and, in response to the second input, ceasing to display the first menu (Torning, Fig. 6 with ¶0033 and ¶0049-¶0050 – tapping away from the menu or a period of inactivity causes the menu to be canceled and removed from the screen).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice as modified to include menu cancellation based on the teachings of Torning. The motivation for doing so would have been to enable the user to conveniently stop or cancel unwanted or mistaken menu inputs (Torning, ¶0033).
Regarding claim 14, Fitzmaurice as modified discloses the elements of claim 2 above, and further discloses displaying, on the display, a visual indicator that corresponds to a virtual gesture; receiving a first input; in response to receiving the first input, gesture. The pop-up menu includes icons that correspond to the virtual gesture to be input. Additionally, upon selection of the position layer icon a cursor visual indicator is changed to a dragging hand icon).
However, Fitzmaurice as modified appears not to expressly disclose the limitations in strikethrough above. However, in the same field of endeavor, Mouilleseaux discloses a radial menu (Mouilleseaux, Abstract and title), including
displaying a first menu on the display, the first menu including a virtual gesture selection icon, wherein the menu of virtual gestures is displayed in response to detecting selection of the virtual gesture selection icon (Mouilleseaux, Figs. 1a-1c with ¶0047-¶0050 – selection of a menu item results in a sub-menu corresponding to the selected item to be displayed).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice to include a submenu based on the teachings of Mouilleseaux. The motivation for doing so would have been to enable the menu to effectively manage scenarios which include too many items to display clearly (Mouilleseaux, ¶0058).
However, Fitzmaurice as modified appears not to expressly disclose waiting to receive input for more than a predefined time period; and in response to waiting to receive input for more than the predefined time period, ceasing to display the first menu.
However, in the same field of endeavor, Torning discloses a radial menu (Torning, Abstract), including
while displaying the first menu on the display, waiting to receive input from the adaptive input device for more than a predefined time period; and, in response to waiting to receive input from the adaptive input device for more than the predefined time period, ceasing to display the first menu. (Torning, Fig. 6 with ¶0033 and ¶0049-¶0050 – tapping away from the menu or a period of inactivity causes the menu to be canceled and removed from the screen).
Therefore, at the time of the invention, it would have been obvious to one of ordinary skill in the art to have modified the gesture menu of Fitzmaurice as modified to include menu cancellation based on the teachings of Torning. The motivation for doing so would have been to enable the user to conveniently stop or cancel unwanted or mistaken menu inputs (Torning, ¶0033).
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 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 DANIEL W PARCHER whose telephone number is (303)297-4281. The examiner can normally be reached Monday - Friday, 9:00am - 5:00pm, Mountain Time.
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/DANIEL W PARCHER/Primary Examiner, Art Unit 2174