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 .
This office correspondence is in response to “Amendment and Response under 37 C.F.R. 1.111 filed on September 22, 2025 in response to a non-final office action dated March 20,2025.
Claims 1 – 3, 5, and 8 – 17 are pending.
Claims 1 – 3, 5, and 8 – 17 are amended,
Claims 4, 6, 7, and 18 are cancelled.
Claims 1 – 3, 5, and 8 – 17 are rejected.
Response to Arguments
Applicant’s arguments filed on 9/22/2025 have been fully considered:
In regard to claims 1 – 18, which were rejected on the ground of non-provisional non-statutory anticipatory-type over double patenting as being unpatentable over Claims 1 – 13 and 15 – 20 of U.S. Patent 11,943,282, and to claims 1 – 17 which were rejected on the ground of non-provisional non-statutory anticipatory-type over double patenting as being unpatentable over Claims 1 – 13 and 17 – 20 of U.S. Patent 11,522,945, the applicant argues that the amendment of claim 1, modifying the claim from a system claim to a method claim, makes the claim patently distinct from the claims of the parent patents. This argument is not persuasive because for a double patenting rejection, the conflicting claims do not have to be identical, but have to be directed to the same invention. In this case, the method claim of the instant invention is an embodiment of the same invention that are represented by the system claims of the parent patents, and thus a double patenting rejection on the ground of non-provisional non-statutory obviousness-type double patenting is required (as it would be obvious to deploy an algorithm from a method claim into a computerized system or platform). Therein, the anticipatory-type double patenting rejections are withdrawn, but obviousness-type double patenting rejections are applied. The applicant is referred to the claim rejections provided below.
In regard to the pending claims 1 -3, 5, and 8 – 17 that were rejected under 35 U.S.C. 103 as follows:
Claims 1 – 3, 5, 8, 10 – 12 and 14 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (U.S. 2021/0256768 A1; herein referred to as Zhao) in view of Aloisio et al. (U.S. 11,887,505 B1; herein referred to as Aloisio).
Claim 9 is rejected under 35 U.S.C. 103 as being un-patentable over Zhao et al. (U.S. 2021/0256768 A1; herein referred to as Zhao) in view of Alosio et al. (U.S. 11,887,505 B1; herein referred to as Alosio) as applied to claims 1 – 3, 5, 8, 10 – 12 and 14 – 16 in further view of Son et al. (U.S. 2021/0349528 A1; herein referred to as Son).
Claim 13 is rejected under 35 U.S.C. 103 as being un-patentable over Zhao et al. (U.S. 2021/0256768 A1; herein referred to as Zhao) in view of Alosio et al. (U.S. 11,887,505 B1; herein referred to as Alosio) as applied to claims 1 – 3, 5, 8, 10 – 12 and 14 – 16 in further view of Son et al. (U.S. 2021/0349528 A1; herein referred to as Son) in further view of Kiser et al. (U.S. 2020/0320955 A1; herein referred to as Kiser)
Claim 17 is rejected under 35 U.S.C. 103 as being un-patentable over Zhao et al. (U.S. 2021/0256768 A1; herein referred to as Zhao) in view of Alosio et al. (U.S. 11,887,505 B1; herein referred to as Alosio) as applied to claims 1 – 3, 5, 8, 10 – 12 and 14 – 16 in further view of Kiser et al. (U.S. 2020/0320955 A1; herein referred to as Kiser).
The applicant extensively modified independent claim 1, (underlined text indicates claim language that was amended since the last office action), which triggered a new search and consideration for the amended claims and in light of applicant’s arguments (see applicant’s remarks pages 7 – 10), the applicant’s arguments are persuasive, as limitations,
(“wherein processing the localization data comprises synchronously aligning the localization data from each of the AR-capable devices relative to the shared, fixed origin point within the real-world environment,
wherein the shared, fixed origin point comprises position data associated with a specific physical location and orientation within the real-world environment to which AR content is to be associated; and
transmitting, from the AR platform, AR content to each of the AR-capable devices, the AR content configured to be displayed and rendered by each AR-capable device based, at least in part, on the assigned location of each respective AR-capable device, in which visual presentation of the AR content is adapted to each respective user's point of view, including a user’s point of gaze and field of view within the real-world environment, and a physical setting and objects within the real-world environment, as a result of the assigned location within the real-world environment relative to the shared, fixed origin point”)
were found to be distinctive from the cited prior art and other analogous art, so that the claim comprises allowable subject matter. However, the claimed invention is not in condition for allowance as the double patenting rejections are still outstanding.
The applicant recommends that the applicant file a terminal disclaimer referencing the U.S. Patents 11,943,282 and 11,522,945 to advance prosecution of the case. The applicant is invited to contact the examiner for an interview to discuss how to move the prosecution forward.
Authorization for Internet Communications
The examiner encourages Applicant to submit an authorization to communicate with the examiner via the Internet by making the following statement (from MPEP 502.03):
“Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.”
Please note that the above statement can only be submitted via Central Fax (not Examiner's Fax), Regular postal mail, or EFS Web using PTO/SB/439.
Priority
This application is claiming the benefit of prior filed application 18/075329 (now U.S. Patent 11,943,282) which in turn claimed benefit to application 17/075443 (now U.S. Patent 11,522,945) under 35 U.S.C. 120, 121, 365(c), or 386(c). Co-pendency between the current application and the prior application 18/075329 is required. Since the applications were co-pending at the time of the filing date of the current application, the applicant is entitled to the benefit claim to the prior-filed application, which is a priority date of October 20, 2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 5, 2025 was filed after the mailing date of the non-final office action on March 20, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 – 3 , 5, and 8 – 17 are rejected on the ground of non-provisional non-statutory obviousness type double patenting as being unpatentable over Claims 1 – 13 and 15 – 20 of U.S. Patent 11,943,282 (herein referred to as ‘282) in view of Zhao et al. (U.S. 2021/0256768 A1; herein referred to as Zhao). Although the conflicting claims are not identical, they are not patently distinct from each other because both sets of claims are directed to the same invention. This is a non-provisional non-statutory obviousness type double patenting rejection since the claims directed to the same invention have in fact been patented.
In regard to claim 1:
Application 18/615309
U.S. Patent 11,943,282
1. A method for providing synchronized sharing of augmented reality (AR) content, the method comprising:
1. An augmented reality (AR) platform configured to communicate and exchange data with a plurality of augmented reality (AR)-capable devices over a network,
providing at least AR-capable devices for providing respective users with an augmented view of a real-world environment, wherein the AR-capable devices comprise at least one of a smartphone, a tablet, and a wearable headset or eyewear, wherein each of the at least two AR-capable devices comprises an associated localization system that is specific to a platform of the respective AR-capable device, wherein the real-world environment comprises a teaching-based environment and the respective users comprise at least one instructor and one or more students;
the plurality of AR-capable devices provide respective users with an augmented view of a real-world environment and each comprises an associated localization system that is specific to a platform of the respective AR-capable device,
Claim 2: wherein the AR-capable devices comprise at least one of a smartphone, a tablet, and a wearable headset or eyewear.
Claim 3: wherein the AR platform is configured to receive additional data from each of the AR-capable devices associated with at least one of, a point of gaze of the associated user within the real-world environment, a field of view of the user within the real-world environment, and a physical setting and objects within the real-world environment
wherein the AR platform is configured to synchronize sharing of augmented reality content in real time across the plurality of AR-capable devices within the real-world environment, the AR platform comprising a hardware processor coupled to non-transitory, computer-readable memory containing instructions executable by the processor to cause the AR platform to:
for each AR-capable device, running a platform-specific localization algorithm to thereby localize the respective AR-capable device within the real-world environment and generate localization data being associated with an anchor-based system and/or an image tracking-based system for establishing a location of a respective AR-capable device within the real-world environment, wherein at least two of the AR-capable devices comprise different respective platform-specific localization systems running different associated localization algorithms;
receive, from each of the plurality of AR-capable devices, localization data for establishing a location of a respective AR-capable device within the real-world environment, wherein the localization data is based on a platform-specific localization algorithm run by each AR-capable device to thereby localize the respective AR-capable device within the real-world environment,
wherein at least a first AR-capable device provides localization data associated with an anchor-based system and at least a second AR-capable device provides localization data associated with an image tracking-based system;
transmitting, from each AR-capable device, associated localization data to an AR platform configured to communicate and exchange data with each AR-capable device over a network;
processing, via the AR platform, the localization data and assigning a location of each AR-capable device relative to a shared, fixed origin point within the real-world environment,
wherein processing the localization data comprises synchronously aligning the localization data from each of the AR-capable devices relative to the shared, fixed origin point within the real-world environment, wherein the shared, fixed origin point comprises position data associated with a specific physical location and orientation within the real-world environment to which AR content is to be associated; and
process the localization data, including synchronously aligning the localization data from each of the AR-capable devices relative to a shared, fixed origin point within the real-world environment, and assign a location of each AR-capable device relative to a shared, fixed origin point within the real-world environment,
wherein the shared, fixed origin point comprises position data associated with a specific physical location and orientation within the real-world environment to which AR content is to be associated; and
Claim 10: wherein processing of the localization data comprises synchronous alignment of the localization data from each of the AR-capable devices relative to the shared, fixed origin point within the real-world environment.
transmitting, from the AR platform, AR content to each of the AR-capable devices, the AR content configured to be displayed and rendered by each AR-capable device based, at least in part, on the assigned location of each respective AR-capable device, in which visual presentation of the AR content is adapted to each respective user's point of view, including a user’s point of gaze and field of view within the real-world environment, and a physical setting and objects within the real-world environment, as a result of the assigned location within the real-world environment relative to the shared, fixed origin point.
transmit AR content to each of the AR-capable devices, the AR content configured to be displayed and rendered by each AR-capable device based, at least in part, on the assigned location of each respective AR-capable device, in which visual presentation of the AR content is adapted to each respective user's point of view as a result of the assigned location within the real-world environment relative to the shared, fixed origin point.
Patent ‘282 fails to explicitly teach,
However Zhao teaches A method for providing synchronized sharing of augmented reality (AR) content (see ¶ ¶ [0006-0007] “ . . . Aspects of the present application relate to methods and apparatus for providing cross reality (XR) scenes. Techniques as described herein may be used together, separately, or in any suitable combination. Some aspects are directed to a method of operating a portable electronic device of a first type in a cross reality system in which devices of multiple types interact with a remote localization service via at least one network . . .”).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the applicant’s invention to incorporate a method from an analogous system processing cross-reality algorithms as taught by Zhao into Patent ‘282. Such incorporation would enable the invention of patent ‘282 to be recited as a method.
In regard to claim 2, see claim 19 of ‘282.
In regard to claim 3, see claim 20 of ‘282.
In regard to claim 5, see claim 11 of ‘282.
In regard to claim 8, see claim 4 of ‘282.
In regard to claim 9, see claim 5 of ‘282.
In regard to claim 10, see claim 6 of ‘282.
In regard to claim 11, see claim 7 of ‘282.
In regard to claim 12, see claim 8 of ‘282
In regard to claim 13, see claim 9 of ‘282.
In regard to claim 14, see claim 15 of ‘282.
In regard to claim 15, see claim 16 of ‘282.
In regard to claim 16, see claim 17 of ‘282.
In regard to claim 17, see claim 18 of ‘282.
Claims 1 – 3 , 5, and 8 – 17 are rejected on the ground of non-provisional non-statutory obviousness type double patenting as being unpatentable over Claims 1 – 13 and 15 – 20 of U.S. Patent 11,552,945 (herein referred to as ‘945) in view of Zhao et al. (U.S. 2021/0256768 A1; herein referred to as Zhao). Although the conflicting claims are not identical, they are not patently distinct from each other because both sets of claims are directed to the same invention. This is a non-provisional non-statutory obviousness type double patenting rejection since the claims directed to the same invention have in fact been patented.
In regard to claim 1:
Application 18/615309
U.S. Patent 11,522,945
1. A method for providing synchronized sharing of augmented reality (AR) content, the method comprising:
1. A system comprising:
providing at least AR-capable devices for providing respective users with an augmented view of a real-world environment, wherein the AR-capable devices comprise at least one of a smartphone, a tablet, and a wearable headset or eyewear, wherein each of the at least two AR-capable devices comprises an associated localization system that is specific to a platform of the respective AR-capable device, wherein the real-world environment comprises a teaching-based environment and the respective users comprise at least one instructor and one or more students;
a plurality of augmented reality (AR)-capable devices for providing respective users with an augmented view of a real-world environment, wherein each of the AR-capable devices comprises an associated localization system that is specific to a platform of the respective AR-capable device; and
Claim 2: wherein the AR-capable devices comprise at least one of a smartphone, a tablet, and a wearable headset or eyewear.
Claim 3: wherein the AR platform is configured to receive additional data from each of the AR-capable devices associated with at least one of, a point of gaze of the associated user within the real-world environment, a field of view of the user within the real-world environment, and a physical setting and objects within the real-world environment.
an augmented reality (AR) platform configured to communicate and exchange data with each of the plurality of AR-capable devices over a network and synchronize sharing of augmented reality content in real time across the plurality of AR-capable devices within the real-world environment, the AR platform comprising a hardware processor coupled to non-transitory, computer-readable memory containing instructions executable by the processor to cause the AR platform to:
for each AR-capable device, running a platform-specific localization algorithm to thereby localize the respective AR-capable device within the real-world environment and generate localization data being associated with an anchor-based system and/or an image tracking-based system for establishing a location of a respective AR-capable device within the real-world environment, wherein at least two of the AR-capable devices comprise different respective platform-specific localization systems running different associated localization algorithms;
receive, from each of the AR-capable devices, localization data for establishing a location of a respective AR-capable device within the real-world environment, wherein each AR-capable device runs a platform-specific localization algorithm to thereby localize the respective AR-capable device within the real-world environment and transmits associated localization data to the AR platform of the system, wherein at least two of the plurality of AR-capable devices comprise different respective platform-specific localization systems running different associated localization algorithms;
transmitting, from each AR-capable device, associated localization data to an AR platform configured to communicate and exchange data with each AR-capable device over a network;
processing, via the AR platform, the localization data and assigning a location of each AR-capable device relative to a shared, fixed origin point within the real-world environment,
wherein processing the localization data comprises synchronously aligning the localization data from each of the AR-capable devices relative to the shared, fixed origin point within the real-world environment, wherein the shared, fixed origin point comprises position data associated with a specific physical location and orientation within the real-world environment to which AR content is to be associated; and
process the localization data, including synchronously aligning the localization data from each of the AR-capable devices relative to a shared, fixed origin point within the real-world environment, and assign a location of each AR-capable device relative to the shared, fixed origin point within the real-world environment, wherein the shared, fixed origin point comprises position data associated with a specific physical location and orientation within the real-world environment to which AR content is to be associated; and
Claim 17: wherein processing of the localization data comprises synchronous alignment of the localization data from each of the AR-capable devices relative to the shared, fixed origin point within the real-world environment
transmitting, from the AR platform, AR content to each of the AR-capable devices, the AR content configured to be displayed and rendered by each AR-capable device based, at least in part, on the assigned location of each respective AR-capable device, in which visual presentation of the AR content is adapted to each respective user's point of view, including a user’s point of gaze and field of view within the real-world environment, and a physical setting and objects within the real-world environment, as a result of the assigned location within the real-world environment relative to the shared, fixed origin point.
transmit AR content to each of the AR-capable devices, the AR content configured to be displayed and rendered by each AR-capable device based, at least in part, on the assigned location of each respective AR-capable device, in which visual presentation of the AR content is adapted to each respective user's point of view as a result of the assigned location within the real-world environment relative to the shared, fixed origin point.
Patent ‘945 fails to explicitly teach,
However Zhao teaches A method for providing synchronized sharing of augmented reality (AR) content (see ¶ ¶ [0006-0007] “ . . . Aspects of the present application relate to methods and apparatus for providing cross reality (XR) scenes. Techniques as described herein may be used together, separately, or in any suitable combination. Some aspects are directed to a method of operating a portable electronic device of a first type in a cross reality system in which devices of multiple types interact with a remote localization service via at least one network . . .”).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the applicant’s invention to incorporate a method from an analogous system processing cross-reality algorithms as taught by Zhao into Patent ‘945. Such incorporation would enable the invention of patent ‘945 to be recited as a method.
In regard to claim 2, see claim 19 of ‘945.
In regard to claim 3, see claim 20 of ‘945.
In regard to claim 5, see claim 18 of ‘945.
In regard to claim 8, see claim 4 of ‘945.
In regard to claim 9, see claim 5 of ‘945.
In regard to claim 10, see claim 6 of ‘945.
In regard to claim 11, see claim 7 of ‘945.
In regard to claim 12, see claim 8 of ‘945.
In regard to claim 13, see claim 9 of ‘945.
In regard to claim 14, see claim 10 of ‘945.
In regard to claim 15, see claim 11 of ‘945.
In regard to claim 16, see claim 12 of ‘945.
In regard to claim 17, see claim 13 of ‘945.
Claim Analysis - 35 USC § 101 (Judicial Exception)
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The claimed invention is directed to statutory subject matter and no 35 USC 101 rejection is applied for the judicial exception. The claims are directed to non-abstract improvements in computer related technology. The claimed subject matter is integrated into a practical application under Prong 2 of the Step 2A analysis described in MPEP 2016.04(d). A claim is non-statutory when it is directed to a judicial exception (e.g. either one of mathematical concepts, mental processes, or certain methods of organizing human activity) without significantly more. The claimed invention is not directed to a judicial exception. Instead, the claimed invention is directed to a technological improvement for providing synchronized sharing of augmented reality (AR) content wherein an algorithm is provided that allows for each AR-capable device within a given environment to utilize their own in-built localization solutions, some of which may normally be incompatible with each other, while the AR platform is able to bridge connections between the different devices and synchronously align localization data from each of the AR-capable devices to ultimately establish alignment of digital content, including rendering thereof, against a physical environment or space. The claimed method allows for the display of AR content within the same physical location and orientation across multiple AR-capable devices, regardless of the devices being from identical or different manufactures, thereby allowing different devices to be used in the same space for the same AR experience (where it would normally be impossible for different, generally incompatible localization types used by different AR-capable devices to be combined). The ordered steps of the claim language impose meaningful limits on the scope of the claims and provides an asserted improvement to augmented reality systems by providing synchronized sharing of AR content in real time and across multiple AR capable devices within a controlled, physical environment or space. Such a method allows for multiple users to experience the same AR content rendering in real time and within a live, physical environment or space, wherein such rendering of AR content is adapted to each user's point of view. Therein the claimed invention is statutory under 35 U.S.C. 101.
Claim Objections and Allowable Subject Matter
Claims 1 – 3, 5, and 8 – 17 contain allowable subject matter but are not in condition for allowance because the double patenting rejections have not been resolved and are still applicable to said claims. Therein, as to the 35 U.S.C. 103 matter, the claims are objected to until applicant addresses the Double Patent rejections by filing a terminal disclaimer referencing the U.S. Patents 11,943,282 and 11,522,945.
Conclusion
There are prior art made of record which are not relied upon but are considered pertinent to applicant’s disclosure. They are listed on the PTO-892 accompanying this action
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 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N FIORILLO whose telephone number is (571)272-9909. The examiner can normally be reached on 7:30 - 5 PM Mon - Fri..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John A. Follansbee can be reached on 571-272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES N FIORILLO/Examiner, Art Unit 2444
Prosecution Insights