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 .
DETAILED ACTION
Response to Amendments and Remarks
Applicant's arguments filed 6/4/26 have been fully considered as follows:
Regarding claim 1, Applicant argues:
Skidmore is silent regarding a user selecting an object that is depicted on their client device and then generating a virtual representation of the selected object. Rather, Skidmore merely discloses displaying content generated by AR engines based on what objects are within the frustum of a camera. See Skidmore, [0049]. More substantially, Skidmore makes no mention of displaying a virtual representation of an object "at a different real-world location than the object itself," as claimed. Rather, Skidmore teaches displaying physical objects and their virtual representations as being co-located. See Skidmore, [0059] ("The virtual object ... if displayed in an augmented reality would align with the real building in any augmented view").
(Remarks, Page ).
Applicant’s argument is persuasive.
Regarding claim 8, 15 Applicant argues:
According to claim 8, a client device provides the computing-system performing the method with three things: (1) media content; (2) an indication of a first user; and (3) an indication of a geographic location. The computing system performing the method stores items 2 and 3 in association with item 1. Thus, for a rejection under 35 U.S.C. § 103 to be proper, the prior art must teach these three things being stored in association with each other. The combination of Skidmore and Heizer does not teach this.
As described previously, Skidmore teaches selecting AR content to display based on the frustum of a device's camera. Skidmore, [0049]. Skidmore makes no mention of storing an indication of a particular user in association with virtual content. Further illustrating this point, the Office Action maps the claimed "indication of geographic location" to GPS coordinates for virtual content in Skidmore, but includes no mapping of the claimed "indication of a first user." Office Action, p.8.
To the extent that the examiner might argue that the stored GPS coordinates in Skidmore are both the indication of the first user and the indication of the geographic, such a mapping fails. While GPS coordinates in principle might identify a user, the GPS coordinates stored by Skidmore represent the location of the virtual content and do not identify any particular user. Thus, Skidmore does not teach or suggest "storing the media content in association with the indication of the first user and the indication of the geographic location depicted in the media content," as claimed. At best, Skidmore teaches storing media content in association with an indication of geographic content (which Applicant does not concede), but includes no mention of also storing an indication of a first user.
(Remarks, Page ).
Applicant’s argument is unpersuasive because Skidmore considers user specific varying content: “In some embodiments, the triggered augmentation(s) at block 303 is based on (e.g., dependent on) the user and differs from one user or individual to the next. Different viewers or users may be provided unique augmentations and thus unique or at least different augmented reality experiences. As an example, a difference can be varying levels of detail (e.g., more details or fewer details) offered to a first user as compared to that which is offered to a second user.” (Skidmore, ¶ 61).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Use of indicates a limitation is not explicitly disclosed by the reference alone.
Claim(s) 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Skidmore (US 2019/0244431) in view of Heizer (US Patent 9,645,221)
Claim 8
Skidmore discloses a computer-implemented method comprising:
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receiving, from a first client device, media content (image, video, augmentations), an indication of a first user of a location-based application, and an indication of a geographic location (e.g. GPS coordinates and the like) depicted in the media content (Skidmore, ¶ 59: “As a concrete example, an image of a real world view (i.e., a real world image) may include within its field of view a building with a typical rectangular shape. The building has a particular GPS location. More specifically, each of the four corners of the building that touch the ground has their own GPS coordinates. In a corresponding virtual world, a virtual object in the form of a rectangular prism exists at coordinates which align with the real world GPS coordinates. The virtual object (in this case the rectangular prism) if displayed in an augmented reality would align with the real building in any augmented view so that the two objects—the real world object and the virtual object, align, one superimposed on the other”).
storing the media content in association with the indication of the first user and the indication of the geographic location depicted in the media content (¶ 71: “Associations among virtual markers and the responses they trigger (e.g., the augmentations they cause to be applied to real world content) may be stored”);
receiving an indication of a current location of a second client device associated with a second user of the location-based application (Skidmore, ¶ 64: “When the AR engine detects that the user has visibility of these coordinates in the real world, it accesses the data geocoded with the matching coordinates in the virtual model. The engine then takes the virtual content and uses it to generate an augmentation superimposed on or otherwise incorporated with a user's real world view at coordinates 40.6892° N, 74.0445° W.”);
responsive to the current location being proximate to the geographic location, providing the media content to the second client device for presentation to the second user (Skidmore, ¶ 64: “When the AR engine detects that the user has visibility of these coordinates in the real world, it accesses the data geocoded with the matching coordinates in the virtual model. The engine then takes the virtual content and uses it to generate an augmentation superimposed on or otherwise incorporated with a user's real world view at coordinates 40.6892° N, 74.0445° W.”); and
Skidmore does not explicitly disclose, but Heizer discloses providing, in response to a request from the second client device indicating the second user interacted with the media content, a communication channel between the second client device and the first client device (Heizer, “n an embodiment, the user profile interface 1700 includes an input icon 1724 that triggers the electronic device 200 to send a request to connect or “start a conversation,” as described above. The user interface of the electronic device 200 in one example provides a chat function. The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town). For example, a user may restrict incoming chat messages to those with similar booies by using permissions or filters.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to open a communication channel.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 9
Examiner’s Interpretation:
Display parameters: covers subject matter such as included in dependent claim 10 (e.g. permissions, specific users, etc.)
Claim Mapping:
Skidmore does not explicitly disclose, but Heizer discloses further comprising: receiving, from the first client device, one or more content display parameters associated with the media content; and storing the content display parameters in association with the media content, wherein the media content is provided for display to the second client device subject to the one or more content display parameters (Heizer, “n an embodiment, the user profile interface 1700 includes an input icon 1724 that triggers the electronic device 200 to send a request to connect or “start a conversation,” as described above. The user interface of the electronic device 200 in one example provides a chat function. The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town). For example, a user may restrict incoming chat messages to those with similar booies by using permissions or filters.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to open a communication channel based on permissions and the like.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 10
Skidmore does not explicitly disclose, but Heizer discloses wherein the one or more content display parameters include one or more of: an identification of one or more other users of the location-based application to whom the media content may be displayed, an indication that the media content may be displayed to any other users of the location-based application, and an expiration date or other time-based restriction for display of the media content (Heizer, “n an embodiment, the user profile interface 1700 includes an input icon 1724 that triggers the electronic device 200 to send a request to connect or “start a conversation,” as described above. The user interface of the electronic device 200 in one example provides a chat function. The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town). For example, a user may restrict incoming chat messages to those with similar booies by using permissions or filters.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to open a communication channel based on permissions and the like.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 11
Skidmore does not disclose, but Heizer discloses further comprising: receiving, from the first client device, an identification of the second user as a recipient of the media content and a message from the first user to the second user; and responsive to determining that the second client device is proximate to the geographic location depicted in the media content, providing the media content and the message to the second client device for presentation to the second user (Heizer, “n an embodiment, the user profile interface 1700 includes an input icon 1724 that triggers the electronic device 200 to send a request to connect or “start a conversation,” as described above. The user interface of the electronic device 200 in one example provides a chat function. The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town). For example, a user may restrict incoming chat messages to those with similar booies by using permissions or filters.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to open a communication channel based on permissions and the like.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 12
Skidmore does not disclose, but Heizer discloses further comprising: providing for display on the second client device a map interface including indications of media content captured at geographic locations within a threshold distance of the second client device; and responsive to receiving user input comprising a selection of a displayed indication of media content, providing the media content to the second client device for presentation to the second user (Heizer, Fig. 4: “urning to FIG. 4, the electronic device 200 in one example provides a user interface 400 on the display 210. The user interface 400 allows interaction with a visible booie to view additional user information, as described above. The user interface 400 may include a two-dimensional display or a three-dimensional display, such as a map, captured image, or virtual environment. The 2D/3D map function allows a user to scan their surroundings using the electronic device 200. Locations of other users are displayed with respective booies around them. In one example, a user is displayed as an anchor with that user's booie attached to the anchor. The user interface 400 also allows the user to select filters to show only desired users or booie.”)
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Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to use a map interface.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 13
Skidmore does not disclose, but Heizer discloses wherein the second user provides input to initiate a communication with the first user and wherein the communication channel is opened responsive to the first user providing input to acknowledge the communication (Heizer, “n an embodiment, the user profile interface 1700 includes an input icon 1724 that triggers the electronic device 200 to send a request to connect or “start a conversation,” as described above. The user interface of the electronic device 200 in one example provides a chat function. The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town). For example, a user may restrict incoming chat messages to those with similar booies by using permissions or filters.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to use consider a permission request and approval.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 14
Skidmore does not disclose, but Heizer discloses wherein the communication channel remains open until terminated by the first user or the second user (e.g. a change of permission would correspond to terminating chat; “For example, a user may restrict incoming chat messages to those with similar booies by using permissions or filters.”), until a threshold amount of time has passed since a most recent communication between the first user and the second user, or until the second client device is no longer proximate to the geographic location (Heizer, “The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town).”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to consider termination conditions such as when to end the chat.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 15
Skidmore discloses a computer-implemented method comprising:
receiving, from a first client device of a first user of a location-based application, media content, an indication of a geographic location associated with the media content (Skidmore, ¶ 59: “As a concrete example, an image of a real world view (i.e., a real world image) may include within its field of view a building with a typical rectangular shape. The building has a particular GPS location. More specifically, each of the four corners of the building that touch the ground has their own GPS coordinates. In a corresponding virtual world, a virtual object in the form of a rectangular prism exists at coordinates which align with the real world GPS coordinates. The virtual object (in this case the rectangular prism) if displayed in an augmented reality would align with the real building in any augmented view so that the two objects—the real world object and the virtual object, align, one superimposed on the other”),
storing the media content in association with the first user and the geographic location associated with the media content (¶ 71: “Associations among virtual markers and the responses they trigger (e.g., the augmentations they cause to be applied to real world content) may be stored”);
Skidmore does not disclose, but Heizer discloses indication of a second user intended as a recipient of the media content (Heizer, “The identifiers in one example are permission-based augmented reality identifiers. The communication system 100 allows the user to select which identifiers are displayed or made available to other users.”)
receiving an indication of a current location of a second client device associated with the second user (Heizer, “The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town).”); and
responsive to the current location being proximate to the geographic location, providing the media content to the second client device for presentation to the second user (Heizer, Fig. 4: “urning to FIG. 4, the electronic device 200 in one example provides a user interface 400 on the display 210. The user interface 400 allows interaction with a visible booie to view additional user information, as described above. The user interface 400 may include a two-dimensional display or a three-dimensional display, such as a map, captured image, or virtual environment. The 2D/3D map function allows a user to scan their surroundings using the electronic device 200. Locations of other users are displayed with respective booies around them. In one example, a user is displayed as an anchor with that user's booie attached to the anchor. The user interface 400 also allows the user to select filters to show only desired users or booie.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to use consider user associated location based content.
One of ordinary skill in the art would have motivation to facilitate interaction between users based on filters, permissions, and the like. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 16
Skidmore does not disclose, but Heizer discloses wherein the media content is a message from the first user to the second user (Heizer, “The electronic device 200 may send identifiers upon receipt of a message (e.g., a discovery request from another electronic device), upon a status change or event, or at pre-selected times, such as a time received in a message or on a schedule for the electronic devices 200 of the communication system 100.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to use consider user messaging.
One of ordinary skill in the art would have motivation to facilitate interaction between users based on filters, permissions, and the like. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 17
Examiner’s Interpretation:
Display parameters: covers subject matter such as included in dependent claim 10 (e.g. permissions, specific users, etc.)
Claim Mapping:
Skidmore does not disclose, but Heizer discloses further comprising:
receiving, from the first client device, one or more content display parameters associated with the media content; and storing the content display parameters in association with the media content, wherein the media content is provided for display to the second client device subject to the one or more content display parameters (Heizer, “n an embodiment, the user profile interface 1700 includes an input icon 1724 that triggers the electronic device 200 to send a request to connect or “start a conversation,” as described above. The user interface of the electronic device 200 in one example provides a chat function. The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town). For example, a user may restrict incoming chat messages to those with similar booies by using permissions or filters.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to open a communication channel based on permissions and the like.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 18
Skidmore does not disclose, but Heizer discloses further comprising: providing, in response to a request from the second client device indicating the second user interacted with the media content, a communication channel between the second client device and the first client device (Heizer, “n an embodiment, the user profile interface 1700 includes an input icon 1724 that triggers the electronic device 200 to send a request to connect or “start a conversation,” as described above. The user interface of the electronic device 200 in one example provides a chat function. The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town). For example, a user may restrict incoming chat messages to those with similar booies by using permissions or filters.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to open a communication channel based on permissions and the like.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 19
Skidmore does not disclose, but Heizer discloses wherein the second user provides input to initiate a communication with the first user and wherein the communication channel is opened responsive to the first user providing input to acknowledge the communication (Heizer, “n an embodiment, the user profile interface 1700 includes an input icon 1724 that triggers the electronic device 200 to send a request to connect or “start a conversation,” as described above. The user interface of the electronic device 200 in one example provides a chat function. The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town). For example, a user may restrict incoming chat messages to those with similar booies by using permissions or filters.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to open a communication channel based on permissions and the like.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Claim 20
Skidmore does not disclose, but Heizer discloses wherein the communication channel remains open until terminated by the first user or the second user (e.g. a change of permission would correspond to terminating chat; “For example, a user may restrict incoming chat messages to those with similar booies by using permissions or filters.”), until a threshold amount of time has passed since a most recent communication between the first user and the second user, or until the second client device is no longer proximate to the geographic location (Heizer, “The chat function may be specific to a booie or to users in proximity to each other (e.g., within 100 meters, in a same town).”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to consider termination conditions.
One of ordinary skill in the art would have motivation to facilitate interaction between users. One of ordinary skill in the art would have had a reasonable expectation of success because both references are directed to augmented reality.
Allowable Subject Matter
Claim(s) 1-7 allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Skidmore does not disclose data describing user-selection… enabled to display the virtual representation of the object at a different real-world location than the object itself.
Skidmore instead discloses selection of objects in the image, but not to display a virtual representation in a different location.
Additional Prior Art
Additional prior art relevant to Applicant’s disclosure but not relied upon:
Smith (US Patent 10,474,336) considers display of real objects in a virtual setting:
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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 extension fee 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 RYAN M GRAY whose telephone number is (571)272-4582. The examiner can normally be reached on Monday through Friday, 9:00am-5:30pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kee Tung can be reached on (571)272-7794. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN M GRAY/Primary Examiner, Art Unit 2611
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