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, 4, 16, 17, 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10, 18 of U.S. Patent No. 12001750. Although the claims at issue are not identical, they are not patentably distinct from each other because the invention of claims 1, 4, 16, 17, 20 of the instant application are broader, and therefore encompass, the invention of claims 1, 10, 18 of U.S. Patent No. 12001750.
Claims 1, 4, 16, 17, 20 of instant application
Claims 1, 10, 18 of U.S. Patent No. 12001750
A method, corresponding system, and corresponding machine-readable non-transitory storage medium, comprising:
receiving a message from a first user device to generate a shared augmented reality (AR) experience, the shared AR experience associated with a virtual object and an activity user interface (UI) generated for respective participating devices using respective camera views of the respective participating devices, a camera view of a device with respect to an instance of the shared AR experience comprising an output AR view corresponding to a direction of a point of view for the device; identifying a first AR experience area corresponding to a first geographic location, the first AR experience area enabling multiple users that are within the first AR experience area to simultaneously interact with the virtual object; identifying the first device as a participating device with respect to a first instance of the shared AR experience; causing display of the activity UI on a display of the first user device; determining that a location of a second user device is within a predefined distance from the first AR experience area; generating user interface
data, the user interface data including directions from the first user device to the first AR experience area, the user interface data being displayed prior to the second user device joining the AR experience area, the user interface data providing directions on a map to the second user device toward the first AR experience area; determining that the location of the second user device is within the AR experience area; and causing display of the activity UI on a display of the second user device;
further comprising identifying the first AR experience area as an area defined by three latitude/longitude pairs
A method, corresponding system, and corresponding machine-readable non-transitory storage medium, comprising:
in a messaging system that hosts a backend service for a messaging client and that provides a shared AR experience, receiving a request to launch the shared AR experience at a first user device located at a first geographic location, the shared AR experience associated with a virtual object and an activity UI generated for respective participating devices using respective camera views of the respective participating devices, a camera view of a device with respect to an instance of the shared AR experience comprising an output of a digital image sensor of a camera of the device; determining a first AR experience area corresponding to the first geographic location, wherein the first AR experience area enables multiple users that are within an area defined by three latitude/longitude pairs that encompass the first geographic location to simultaneously interact with the virtual object; communicating to the first user device a first address identifying the first user device as a participating device with respect to a first instance of the shared AR experience; causing display of the activity UI on a display of the first user device; identifying a location of a second user device based on GPS information from the second user device; determining that the location of the second user device is within a predefined distance from the first AR experience area and that the location of the second user device is outside of the area defined by the three latitude/longitude pairs; generating user interface data to display directions on the second user device toward the first AR experience area; determining that the location of the second user device is within of the area defined by the three latitude/longitude pairs; and causing display of the activity UI on a display of the second user device.
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 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.
Claims 1, 16, 20 recite the limitations "the first AR experience area " in line 9 and “the AR experience area” at 2nd and 4th line from the bottom. It is unclear if these multiple recitations refer to the same or different “experience areas.”
Claims 1, 16, 20 recite the limitations "an instance of the shared AR experience” in line 5 and “a first instance of the shared AR experience” in line 9. It is unclear if these multiple recitations refer to the same or different “shared AR experience.”
Claims 1, 16, 20 recite the limitation “the user interface data including directions from the first user device to the first AR experience area, the user interface data being displayed prior to the second user device joining the AR experience area, the user interface data providing directions on a map to the second user device toward the first AR experience area.” It is unclear if the user interface is presented on a first or second user device, or both. The claim states that the directions are provided "to the second user device". It is unclear if this means that the directions are displayed on the second user device, or if the directions are displayed on the first user device pointing to the second user device, or perhaps the user interface is displayed on a first user device enabling the first user to see the second user heading towards the first AR experience area.
Claims 1, 16, 20 recites the steps of “receiving”,” identifying”, “generating”, etc, and it is unclear which structural elements perform the recited steps, for example, the first or second device, a server, etc.
Claims 2-15, 17-19 are similarly rejected for inheriting the above identified issues from the respective claims from which they depend.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art
Note: In order to better show what is and is not taught by the references, Examiner shows some words underlined. Words that are underlined indicate teachings of the cited reference, and may not specifically be claimed.
Claims 1-3, 5-16, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cardenas Gasca et al. (US20220276823, Cardenas) in view of Rathod (US20180350144), as best understood.
As to claim 1, 16, 20:
Cardenas shows a method, corresponding system, and corresponding machine-readable non-transitory storage medium, comprising:
receiving a message from a first user device to generate a shared augmented reality (AR) experience, the shared AR experience associated with a virtual object and an activity user interface (UI) generated for respective participating devices using respective camera views of the respective participating devices, a camera view of a device with respect to an instance of the shared AR experience comprising an output AR view corresponding to a direction of a point of view for the device (¶ [0119]) (e.g., The first client device 102 receives input from the first user, such as by detecting that the first user taps on a display that presents the whole body 910 of the second user. In response to receiving the input, the client device 102 launches an augmented reality element 920 (e.g., an augmented reality snowball) towards the direction of the second user. The launched augmented reality element lands on the second user and remains overlaid at a position where the augmented reality element hits the second user's body);
identifying a first AR experience area corresponding to a first geographic location, the first AR experience area enabling multiple users that are within the first AR experience area to simultaneously interact with the virtual object (¶ [[0076]) (e.g., A further type of content collection is known as a “location story,” which enables a user whose client device 102 is located within a specific geographic location (e.g., on a college or university campus) to contribute to a particular collection. );
identifying the first device as a participating device with respect to a first instance of the shared AR experience (¶ [0118]) (e.g., a set of users (e.g., two or more users) are each holding respective client devices 102 and are within a specified proximity of each other (e.g., are in the same room or within less than 25 feet of each other). The users are positioned far enough from each other that their respective cameras of their respective client devices 102 can capture images of each other. The set of users point their client devices 102 at each other and activate the same shared AR experience 900 in which the respective rear-facing cameras capture images of the users on the opposing side);
causing display of the activity UI on a display of the first user device (¶ [0119]) (e.g., The first client device 102 receives input from the first user, such as by detecting that the first user taps on a display that presents the whole body 910 of the second user. In response to receiving the input, the client device 102 launches an augmented reality element 920 (e.g., an augmented reality snowball) towards the direction of the second user. The launched augmented reality element lands on the second user and remains overlaid at a position where the augmented reality element hits the second user's body);
determining that a location of a second user device is within a predefined distance from the first AR experience area (¶ [0118]) (e.g., a set of users (e.g., two or more users) are each holding respective client devices 102 and are within a specified proximity of each other (e.g., are in the same room or within less than 25 feet of each other). The users are positioned far enough from each other that their respective cameras of their respective client devices 102 can capture images of each other. The set of users point their client devices 102 at each other and activate the same shared AR experience 900 in which the respective rear-facing cameras capture images of the users on the opposing side);
generating user interface data to display directions on the second user device toward the first AR experience area (¶ [0119]) (e.g., The first client device 102 receives input from the first user, such as by detecting that the first user taps on a display that presents the whole body 910 of the second user. In response to receiving the input, the client device 102 launches an augmented reality element 920 (e.g., an augmented reality snowball) towards the direction of the second user. The launched augmented reality element lands on the second user and remains overlaid at a position where the augmented reality element hits the second user's body);
determining that the location of the second user device is within the AR experience area (¶ [[0076]) (e.g., A further type of content collection is known as a “location story,” which enables a user whose client device 102 is located within a specific geographic location (e.g., on a college or university campus) to contribute to a particular collection );
and causing display of the activity UI on a display of the second user device (¶ [0119]) (e.g., The first client device 102 receives input from the first user, such as by detecting that the first user taps on a display that presents the whole body 910 of the second user. In response to receiving the input, the client device 102 launches an augmented reality element 920 (e.g., an augmented reality snowball) towards the direction of the second user. The launched augmented reality element lands on the second user and remains overlaid at a position where the augmented reality element hits the second user's body).
Cardenas fails to specifically show: the user interface data including directions from the first user device to the first AR experience area, the user interface data being displayed prior to the second user device joining the AR experience area, the user interface data providing directions on a map to the second user device toward the first AR experience area.
In the same field of invention, Rathod teaches: sharing user related real-world activities. Rathod further teaches: a user interface data including directions from the first user device to the first AR experience area, the user interface data being displayed prior to the second user device joining the AR experience area, the user interface data providing directions on a map to the second user device toward the first AR experience area (¶ [0258]) (e.g., the positions of players can be monitored or tracked using, for instance, a positioning system (e.g. a Global Positioning System (GPS) system) associated with a player's mobile device. Player position information can be provided to a game server and can be used by the game server to update player locations in the real world map or virtual world; players can view on real world map pre-defined real world geo-fence) and can reach there physically or use map's directions, step by step guided direction and route to reach there; user can view on real world map within defined geo-fence boundary and can get, win, battle to get, capture, select, play mini game ).
Thus, it would have been obvious to one of ordinary skill in the art, having the teachings of Cardenas and Rathod before the effective filing date of the invention, to have combined the teachings of Rathod with the a method, corresponding system, and corresponding machine-readable non-transitory storage medium as taught by Cardenas.
One would have been motivated to make such combination because a way to collect or acquire or win or capture or select of one or more virtual objects from said pre-defined geo-fence boundary would have been obtained and desired, as expressly taught by Rathod (¶ [0258]).
As to claim 2, Cardenas further shows:
wherein the shared AR experience is hosted in a messaging system that hosts a backend service for the first user device and the second user device (¶ [0043]) (e.g., the augmentation system 208 that can communicate with the client device 102 to establish individual or shared AR sessions. The augmentation system 208 can also be coupled to the messaging server 118 to establish an electronic group communication session (e.g., group chat, instant messaging) for the client devices 102 in a shared AR session).
As to claim 3, Cardenas further shows:
wherein the output AR view is generated from a digital image sensor of a camera of the device (¶ [0118]) (e.g., a set of users (e.g., two or more users) are each holding respective client devices 102 and are within a specified proximity of each other (e.g., are in the same room or within less than 25 feet of each other). The users are positioned far enough from each other that their respective cameras of their respective client devices 102 can capture images of each other. The set of users point their client devices 102 at each other and activate the same shared AR experience 900 in which the respective rear-facing cameras capture images of the users on the opposing side).
As to claims 5, 18, Cardenas further shows:
further comprising identifying the first AR experience as an area encompassing the first geographic location (¶ [[0076]) (e.g., A further type of content collection is known as a “location story,” which enables a user whose client device 102 is located within a specific geographic location (e.g., on a college or university campus) to contribute to a particular collection. ).
As to claims 6, 19, Cardenas further shows:
further comprising communicating to the first user device a first address identifying the first user device as a participating device with respect to the first instance of the shared AR experience (¶ [[0076]) (e.g., A further type of content collection is known as a “location story,” which enables a user whose client device 102 is located within a specific geographic location (e.g., on a college or university campus) to contribute to a particular collection. ).
As to claim 7, Cardenas further shows:
The method of claim 1, further comprising determining that the location of the second user device is outside of the area defined by the geographical location (¶ [[0076]) (e.g., A further type of content collection is known as a “location story,” which enables a user whose client device 102 is located within a specific geographic location (e.g., on a college or university campus) to contribute to a particular collection. ).
As to claim 8, Cardenas further shows:
The method of claim 1, wherein the determining the first AR experience area corresponding to the first geographic location comprises: receiving a GPS location from the first user device; and selecting the first AR experience area encompassing the GPS location (¶ [[0060]) (e.g., geolocation filters specific to a neighborhood or special location may be presented within a user interface by the messaging client 104, based on geolocation information determined by a Global Positioning System (GPS) unit of the client device 102.).
As to claim 9, Cardenas further shows:
The method of claim 1, comprising: receiving a request to launch the shared AR experience at a further user device located at a further geographic location, the further geographic location corresponding to the first AR experience area; communicating to the further user device an address identifying the further user device as a participating device with respect to the first instance of the shared AR experience; and causing display of the activity UI on a display of the further user device (¶ [0119]) (e.g., The first client device 102 receives input from the first user, such as by detecting that the first user taps on a display that presents the whole body 910 of the second user. In response to receiving the input, the client device 102 launches an augmented reality element 920 (e.g., an augmented reality snowball) towards the direction of the second user. The launched augmented reality element lands on the second user and remains overlaid at a position where the augmented reality element hits the second user's body).
As to claim 10, Cardenas further shows:
The method of claim 9, comprising: determining an anchor object corresponding to a real-world object represented in the activity UI displayed on the display of the first user device; generating a mapping of the virtual object to the anchor object; and positioning the virtual object on the activity UI based on the mapping (¶ [0027]) (e.g., augmented reality items move around or track a real-world object that is depicted; augmented reality items may track movement of a real-world object depicted in the video).
As to claim 11, Cardenas further shows:
The method of claim 1, comprising receiving events from the first user device and updating a state of the first instance of the shared AR experience based on the events (¶ [0119], [0075]) (e.g., updating the display in response to an augmented reality snowball fight, or a “live story” told from a community perspective).
As to claim 12, Cardenas further shows:
The method of claim 1, comprising generating a plurality of AR experience areas corresponding to respective areas in a geographic coordinate system, wherein the first AR experience area is from the plurality of AR experience areas (¶ [0075]) (e.g., a “live story” may constitute a curated stream of user-submitted content from various locations).
As to claim 13, Cardenas further shows:
The method of claim 12, wherein a second AR experience area is from the plurality of AR experience areas (¶ [0075]) (e.g., a “live story” may constitute a curated stream of user-submitted content from various locations).
As to claim 14, Cardenas further shows:
The method of claim 13, comprising: communicating to the first user device a first address identifying the first user device as a participating device with respect to a first instance of the shared AR experience; receiving a request to launch the shared AR experience at a second user device located at a second geographic location; determining the second AR experience area corresponding to the second geographic location, a second instance of the shared AR experience corresponding to the second AR experience area; communicating to the second user device a second address identifying the second user device as a participating device with respect to the second instance of the shared AR experience; and causing display of the activity UI on a display of the second user device (¶ [0060], [0076], [0119]) (e.g., geolocation filters specific to a neighborhood or special location may be presented within a user interface by the messaging client 104, based on geolocation information determined by a Global Positioning System (GPS) unit of the client device 102. A further type of content collection is known as a “location story,” which enables a user whose client device 102 is located within a specific geographic location (e.g., on a college or university campus) to contribute to a particular collection; The first client device 102 receives input from the first user, such as by detecting that the first user taps on a display that presents the whole body 910 of the second user. In response to receiving the input, the client device 102 launches an augmented reality element 920 (e.g., an augmented reality snowball) towards the direction of the second user. The launched augmented reality element lands on the second user and remains overlaid at a position where the augmented reality element hits the second user's body)).
As to claim 15, Cardenas further shows:
The method of claim 1, wherein the first user device is a smart phone or an AR glasses device (¶ [0118]) (e.g., a set of users (e.g., two or more users) are each holding respective client devices 102 and are within a specified proximity of each other (e.g., are in the same room or within less than 25 feet of each other). The users are positioned far enough from each other that their respective cameras of their respective client devices 102 can capture images of each other. The set of users point their client devices 102 at each other and activate the same shared AR experience 900 in which the respective rear-facing cameras capture images of the users on the opposing side).
Claims 4, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Cardenas Gasca et al. (US20220276823, Cardenas) in view of Rathod (US20180350144), in view of Hall (US20110102459), as best understood.
As to claim 4:
Cardenas, Rathod show a method, and corresponding system, substantially as claimed, as specified above.
Cardenas, Rathod fails to specifically show: further comprising identifying the first AR experience area as an area defined by three latitude/longitude pairs.
In the same field of invention, Hall teaches: AR gaming via geographic messaging. Hall further teaches: further comprising identifying the first AR experience area as an area defined by three latitude/longitude pairs (¶ [0036]) (e.g., Geogaming regions may correspond to real-world geographic locations. Boundaries of a geogaming region may be defined to correspond with real-world boundaries. For example, points corresponding to longitude and latitude may be used to define the geographic area of a city park as a geogaming region.).
Thus, it would have been obvious to one of ordinary skill in the art, having the teachings of Cardenas, Rathod and Hall before the effective filing date of the invention, to have combined the teachings of Hall with the method, and corresponding system, as taught by Cardenas, Rathod.
One would have been motivated to make such combination because a way to transform a public park, from the perspective of communication devices participating in the geogame, into a virtual playing field for the geogame would have been obtained and desired, as expressly taught by Hall (¶ [0036]).
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)).
Response to Arguments
Applicant’s arguments with respect to the claims above have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Shim [U.S. 20190081993], SHARING USER SCREEN IN MULTIPLE REALITY ENVIRONMENT AND SERVER SYSTEM FOR THE METHOD
Shatkina et al. [U.S. 20210366201], COLLABORATIVE ON-DEMAND EXPERIENCES
Rafkind et al. [U.S. 20220124143]. SYNCHRONIZED SHARING OF AUGMENTED REALITY CONTENT IN REAL TIME ACROSS MULTIPLE DEVICES
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jordany Núñez whose telephone number is (571)272-2753. The examiner can normally be reached M-F 8:30 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Cesar Paula can be reached on 5712724128. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORDANY NUNEZ/Primary Examiner, Art Unit 2145
3/28/2026
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