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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 9 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 22 and 26 of U.S. Patent No. 12,182,325 in view of Stoyles et al., U.S. Patent Publication Number 2020/0201444 A1. It is noted that the patented claims fail to disclose while presenting the computer-generated environment including the representation of the captured portion of the real-world environment, in accordance with a determination that one or more first criteria are satisfied, and the input selection. Stoyles discloses paragraph 0050, determined whether hand gesture satisfies one or more predetermined criteria associated with a function of the external device. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include in the Patent 12,182,325, the predetermined criteria being satisfied, to determine whether to perform the function, in that Stoyles discloses the determined establishes, for example, whether the user intends to cause the external device to perform the function.
18/587739
1. A method comprising: at a first electronic device in communication with one or more displays and one or more input devices:
capturing, via the one or more input devices, at least a portion of a real-world environment including a second electronic device that is displaying, via one or more second displays, a first representation of a user interface of the second electronic device;
presenting, via the one or more displays, a three-dimensional environment including a representation of the captured portion of the real-world environment; while presenting the three-dimensional environment including the representation of the captured portion of the real-world environment, in accordance with a determination that one or more first criteria are satisfied: presenting, via the one or more displays, a first affordance associated with a representation of the second electronic device; while presenting the three-dimensional environment including the representation of the captured portion of the real-world environment and the first affordance, receiving, via the one or more input devices, an input corresponding to a selection of the first affordance; and presenting, in the three-dimensional environment, a second representation of the user interface of the second electronic device different than the first representation of the user interface, in accordance with the input corresponding to the selection of the first affordance, while maintaining presentation of the captured portion of the real-world environment that includes the first representation of the user interface of the second electronic device that is being displayed via the one or more second displays.
9. A first electronic device comprising: one or more processors; memory; and one or more programs stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions for performing a method comprising: capturing, via one or more input devices, at least a portion of a real-world environment including a second electronic device that is displaying, via one or more second displays a first representation of a user interface of the second electronic device; presenting, via one or more displays, a three-dimensional environment including a representation of the captured portion of the real-world environment; while presenting the three-dimensional environment including the representation of the captured portion of the real-world environment, in accordance with a determination that one or more first criteria are satisfied: presenting, via the one or more displays, a first affordance associated with a representation of the second electronic device; while presenting the three-dimensional environment including the representation of the captured portion of the real-world environment and the first affordance, receiving, via the one or more input devices, an input corresponding to a selection of the first affordance; and presenting, in the three-dimensional environment, a second representation of the user interface of the second electronic device different than the first representation of the user interface, in accordance with the input corresponding to the selection of the first affordance, while maintaining presentation of the captured portion of the real-world environment that includes the first representation of the user interface of the second electronic device that is being displayed via the one or more displays.
17. A non-transitory computer readable storage medium storing one or more programs, the one or more programs comprising instructions, which when executed by one or more processors of a first electronic device, cause the first electronic device to perform a method comprising: capturing, via one or more input devices, at least a portion of a real-world environment including a second electronic device that is displaying, via one or more second displays, a first representation of a user interface of the second electronic device; presenting, via one or more displays, a three-dimensional environment including a representation of the captured portion of the real-world environment; while presenting the three-dimensional environment including the representation of the captured portion of the real-world environment, in accordance with a determination that one or more first criteria are satisfied: presenting, via the display, a first affordance associated with a representation of the second electronic device; while presenting the three-dimensional environment including the representation of the captured portion of the real-world environment and the first affordance, receiving, via the one or more input devices, an input corresponding to a selection of the first affordance; and presenting, in the three-dimensional environment, a second representation of the user interface of the second electronic device different than the first representation of the user interface, in accordance with the input corresponding to the selection of the first affordance, while maintaining presentation of the captured portion of the real-world environment that includes the first representation of the user interface of the second electronic device that is being displayed via the one or more second displays.
12182325 B2
1. A method comprising: at a first electronic device in communication with a display and one or more input devices of the first electronic device:
capturing, via the one or more input devices, at least a portion of a real-world environment including a second electronic device with a display configured to display a first representation of a first user interface of the second electronic device;
presenting, via the display, a computer-generated environment including a representation of the captured portion of the real-world environment and a first affordance associated with a representation of the second electronic device; while presenting the computer-generated environment including the representation of the captured portion of the real-world environment and the first affordance, receiving, via the one or more input devices, an input corresponding to a selection of the first affordance; in response to receiving the input, presenting, in the computer-generated environment, a second representation of a second user interface of the second electronic device different than the first representation of the first user interface; while presenting the computer-generated environment that includes the second representation of the second user interface, detecting a first indication of first respective input received via one or more input devices of the second electronic device; and in response to detecting the first indication: in accordance with a determination that a gaze of a user of the first electronic device is directed to the first representation of the first user interface, causing the second electronic device to perform a first operation directed to the first user interface in accordance with the first respective input; and in accordance with a determination that the gaze is directed to the second representation of the second user interface, performing a second operation directed to the second representation of the second user interface in accordance with the first respective input.
22. A first electronic device comprising: one or more processors; memory; and one or more programs stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions for performing a method comprising: capturing, via one or more input devices, at least a portion of a real-world environment including a second electronic device with a display configured to display a first representation of a first user interface of the second electronic device; presenting, via a display, a computer-generated environment including a representation of the captured portion of the real-world environment and a first affordance associated with a representation of the second electronic device; while presenting the computer-generated environment including the representation of the captured portion of the real-world environment and the first affordance, receiving, via the one or more input devices, an input corresponding to a selection of the first affordance; in response to receiving the input, presenting, in the computer-generated environment, a second representation of a second user interface of the second electronic device different than the first representation of the first user interface; while presenting the computer-generated environment that includes the second representation of the second user interface, detecting a first indication of first respective input received via one or more input devices of the second electronic device; and in response to detecting the first indication: in accordance with a determination that a gaze of a user of the first electronic device is directed to the first representation of the first user interface, causing the second electronic device to perform a first operation directed to the first user interface in accordance with the first respective input; and in accordance with a determination that the gaze is directed to the second representation of the second user interface, performing a second operation directed to the second representation of the second user interface in accordance with the first respective input.
26. A non-transitory computer readable storage medium storing one or more programs, the one or more programs comprising instructions, which when executed by one or more processors of a first electronic device, cause the first electronic device to perform a method comprising: capturing, via one or more input devices, at least a portion of a real-world environment including a second electronic device with a display configured to display a first representation of a first user interface of the second electronic device; presenting, via a display, a computer-generated environment including a representation of the captured portion of the real-world environment and a first affordance associated with a representation of the second electronic device; while presenting the computer-generated environment including the representation of the captured portion of the real-world environment and the first affordance, receiving, via the one or more input devices, an input corresponding to a selection of the first affordance; in response to receiving the input, presenting, in the computer-generated environment, a second representation of a second user interface of the second electronic device different than the first representation of the first user interface; while presenting the computer-generated environment that includes the second representation of the second user interface, detecting a first indication of first respective input received via one or more input devices of the second electronic device; and in response to detecting the first indication: in accordance with a determination that a gaze of a user of the first electronic device is directed to the first representation of the first user interface, causing the second electronic device to perform a first operation directed to the first user interface in accordance with the first respective input; and in accordance with a determination that the gaze is directed to the second representation of the second user interface, performing a second operation directed to the second representation of the second user interface in accordance with the first respective input.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Giwnewer et al., U.S. Patent Number 10,310,265 B2
Giwnewer discloses a presentation unit. The presentation unit of logic housing 109 can be hardware, or software, or a combination thereof. The presentation unit of logic housing 109 is used coalesce all the data from the other logical units that reside in logic housing 109, and to create the final visual representation of at least one of virtual displays 107A-B and the computer-generated information from the coalesced data. The final visual representation of virtual displays 107A-B and the computer-generated information that is created by the presentation unit is presented to a user of head mounted display 105 on see-through display 111.
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.
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MOTILEWA . GOOD JOHNSON
Primary Examiner
Art Unit 2616
/MOTILEWA GOOD-JOHNSON/Primary Examiner, Art Unit 2619