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 § 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.
Independent Claims 1, 9, and 17 recite “specified posture”, which is a subjective term lacking objective boundaries for determining its scope. The specification does not provide sufficient guidance as to what constitutes the “specified posture”. Additionally, the claims recite “a second position...corresponding to the first position using the camera”, which is unclear because the nature of the correspondence is not defined.
Further, the claims recite “a path of the body part” and “in a state of moving”, which are vague and fail to provide a clear standard for determining when these limitations are met. Accordingly, the scope of the independent claims 1, 9, and 17 are not reasonably certain.
Dependent claims are further rejected under 35 U.S.C. 112 second paragraph, for being dependent upon rejected base independent claims.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SONG et al. (US Pub. 2017/0235372 A1, hereinafter "Song").
Claim 1: Song teaches A wearable device (Abstract, [0049], Figs. 1 and 2, an interactive 3D display apparatus), comprising:
a camera (“Song”, [0049]-[0050], Figs. 1 and 2, an interactive 3D display apparatus includes a hand sensing module 10 (camera));
a display (“Song”, [0052], [0088], Figs. 1 and 2, a 3D display 200);
memory storing instructions (“Song”, [0013], [0054], Figs. 1 and 2, a storage 140); and
at least one processor, comprising processing circuitry, individually and/or collectively (“Song”, [0047], [0099], Figs. 1 and 2), configured to cause the wearable device to:
identify, while displaying a virtual object within a virtual space through the display, a body part in a field-of-view (FoV) of the camera (“Song”, Figs. 1 and 2, [0049], [0069], detects user hand and acquires hand image while system generates and displays virtual object);
display, based on identifying the body part in a specified posture for moving the virtual object, the virtual object moved along a path of the body part moved in the FoV (“Song”, Figs. 1 and 2 [0055], [0058], user interaction module analyzes hand posture and generates virtual object adjustment parameter reflecting intended movement);
in a state of moving the virtual object along the path, display, based on identifying the body part moved outside of the FoV through a first position of an edge of the FoV, the virtual object in a second position within the virtual space corresponding to the first position using the camera (“Song”, Figs. 4A-4B, [0062]-[0064], rendering updates corresponding to user movement); and
based on displaying the virtual object in the second position, display, based on identifying the body part in the specified posture moved inside of the FoV, the virtual object moved from the second position and moved along a path of the body part within the FoV (“Song”, Figs. 4A-4B, [0066], [0079], [0098], when hand is detected again, interaction resumes and updated parameters continue to control virtual object).
Claim 2: Song teaches the wearable device of claim 1, wherein at least one processor, individually and/or collectively, is configured to cause the wearable device to:
based on displaying the virtual object in the second position, determine, based on information with respect to an area where the body part moved outside of the FoV is movable, whether the body part moved inside of the FoV identified using the camera corresponds to the body part which was moved outside of the FoV (“Song”, Figs. 4-6, [0049], [0055], [0062], [0069], [0098], detects user hand and acquires hand image while system generates and displays virtual object).
Claim 3: Song teaches the wearable device of claim 1, wherein at least one processor, individually and/or collectively, is configured to cause the wearable device to:
while displaying the virtual object connected to an external space of an area currently displayed through the display in the virtual space, disable a connection between the virtual object and the external space based on identifying that the body part of the specified posture is moved inside of the FoV (“Song”, Figs. 4-6, [0062]-[0064], [0079]-[0084], sensing region defines detection limits; when hand is not detected, input updates cease);
while the body part is moved outside of the FoV, maintain the second position in the display of the virtual object independently from movement of the wearable device to the external space from the currently displayed area (“Song”, Figs. 4-6, [0062]-[0064], [0098], display reflects intended changes and maintains scene consistency regardless of temporary sensing interruptions).
Claim 4: Song teaches the wearable device of claim 3, wherein at least one processor, individually and/or collectively, is configured to cause the wearable device to:
based on displaying the virtual object in the second position, change, based on identifying the body part having a distinct posture different from the specified posture within the FoV, a position of the virtual object from the second position to a third position of the external space based on at least one of a path before the body part is moved outside of the FoV, information with respect to an area where the body part is movable, a movement speed of the body part (“Song”, Figs. 4-6, [0012], [0055], [0098]).
Claim 5: Song teaches the wearable device of claim 3, wherein at least one processor, individually and/or collectively, is configured to cause the wearable device to:
based on displaying the virtual object in the second position (“Song”, Figs. 4-6, [0062]-[0064], maintains and displays virtual object state based on prior interaction parameters), cease to display the virtual object in the second position based on identifying the body part having a distinct posture different from the specified posture in the FoV (“Song”, Figs. 4-6, [0055], hand sensing module 10 analyzes hand posture and determine user intent; [0079]-[0084], system modifies display of the virtual object based on posture recognition and including changing or removing displayed virtual objects); and
store information with respect to the virtual object in the memory (“Song”, [0013], [0027]-[0028], [0054], [0098]).
Claim 6: Song teaches the wearable device of claim 5, wherein at least one processor, individually and/or collectively, is configured to cause the wearable device to:
based on a posture of the body part moved inside of the FoV, display the virtual object corresponding to the information in the display based on identifying an input indicating to display the information stored in the memory (“Song”, Figs. 4A-4B, [0055], [0062]-[0064], [0066], [0098]).
Claim 7: Song teaches the wearable device of claim 1, wherein at least one processor, individually and/or collectively, is configured to cause the wearable device to:
based on identifying that the body part is moved outside of the FoV from the first position with a first speed, move the virtual object using the first speed (“Song”, Figs. 4A-4B, [0012]-[0014], [0055], [0098]).
Claim 8: Song teaches the wearable device of claim 1, wherein at least one processor, individually and/or collectively, is configured to cause the wearable device to:
identify the specified posture based on an application executed by the processor (“Song”, Figs. 4-6, [0049]-[0051], [0055], hand sensing module 10 analyzes hand posture and determine user intent).
Claim 9: claim 9 is directed to a method of a wearable device for implementing the method steps of claim 1. Therefore, claim 9 is rejected under similar rationale.
Claim 10: claim 10 is directed to the method of claim 9 for implementing the method steps of claim 2. Therefore, claim 10 is rejected under similar rationale.
Claim 11: claim 11 is directed to the method of claim 9 for implementing the method steps of claim 3. Therefore, claim 11 is rejected under similar rationale.
Claim 12: claim 12 is directed to the method of claim 11 for implementing the method steps of claim 4. Therefore, claim 12 is rejected under similar rationale.
Claim 13: claim 13 is directed to the method of claim 11 for implementing the method steps of claim 5. Therefore, claim 13 is rejected under similar rationale.
Claim 14: claim 14 is directed to the method of claim 13 for implementing the method steps of claim 6. Therefore, claim 14 is rejected under similar rationale.
Claim 15: claim 15 is directed to the method of claim 9 for implementing the method steps of claim 7. Therefore, claim 15 is rejected under similar rationale.
Claim 16: claim 10 is directed to the method of claim 9 for implementing the method steps of claim 8. Therefore, claim 16 is rejected under similar rationale.
Claim 17: Song teaches A wearable device (Abstract, [0049], Figs. 1 and 2, an interactive 3D display apparatus), comprising:
a camera (“Song”, [0049]-[0050], Figs. 1 and 2, an interactive 3D display apparatus includes a hand sensing module 10 (camera));
a display (“Song”, [0052], [0088], Figs. 1 and 2, a 3D display 200);
memory storing instructions (“Song”, [0013], [0054], Figs. 1 and 2, a storage 140); and
at least one processor, comprising processing circuitry, individually and/or collectively (“Song”, [0047], [0099], Figs. 1 and 2), configured to cause the wearable device to:
based on the camera, identify a body part moved into a field-of-view (FoV) of the camera at a first timing (“Song”, Figs. 1 and 2, [0049], [0055], [0069], hand sensing module detects a hand and acquires hand image upon entry into sensing region);
based on identifying that a posture of the body part moved into the FoV at the first timing corresponds to a specified posture, identify at least one virtual object which was connected to the body part at a second timing before the first timing (“Song”, Figs. 1 and 2, [0055], [0062]-[0064], [0069], [0098], hand sensing module detects a hand and acquires hand image upon entry into sensing region); and
display, based on a position of the body part in the FoV, the at least one virtual object in the display timing (“Song”, Figs. 1 and 2, [0055], [0069], hand sensing module detects a hand and acquires hand image upon entry into sensing region).
Claim 18: Song teaches the wearable device of claim 17, wherein at least one processor, individually and/or collectively, is configured to cause the wearable device to:
using information with respect to an area where the body part is movable, identify the posture of the body part corresponds to the specified posture (“Song”, Figs. 4-6, [0049]-[0055]).
Claim 19: Song teaches the wearable device of claim 17, wherein at least one processor, individually and/or collectively, is configured to cause the wearable device to:
based on identifying the body part moved outside of the FoV at the second timing, display the at least one virtual object in an edge of the FoV where the body part is moved (“Song”, Figs. 4-6, [0049]-[0055], [0062]-[0064]).
Claim 20: Song teaches the wearable device of claim 17, wherein at least one processor, individually and/or collectively, is configured to cause the wearable device to:
based on the camera, identify a path where the body part is moved within the FoV; and
change a position of the at least one virtual object in the display based on the path (“Song”, Figs. 4-6, [0067]-[0073]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Faulkner et al. (U.S. 2021/0096726 A1) discloses devices, methods, and graphical user interfaces for interacting with 3D environment.
Schwarz et al. (U.S. 2020/0225757 A1) discloses hand motion and orientation-aware buttons and grabbable objects in mixed reality.
Examiner has cited particular columns and line and/or paragraph numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
The examiner requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Point of Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG H NGUYEN whose telephone number is (571)270-1300. The examiner can normally be reached M-F 9:30-4:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Bashore can be reached at 571-272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHUONG H NGUYEN/Primary Examiner, Art Unit 2174
Prosecution Insights