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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/28/2024. 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 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 18-53 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12/007,570 in view of Kim (US 20110037712).
Claims 18-53 of the current application differ from claims 1-20 of U.S. Patent No. 12/007,570 in that it further recites based on the user input, establishing, via at least one transceiver of the HMD device, a connection with the electronic device; receiving, from the electronic device via the connection, information regarding the virtual screen of the electronic device to be displayed on the at least one display; and displaying, in the area of the at least one display, the virtual screen of the electronic device based on the information regarding the virtual screen of the electronic device; determining a location of the electronic device based on the at least one image of the actual space; determining, based on the determined location of the electronic device, an area of the at least one display in which the virtual screen of the electronic device is to be displayed, such that, to the user wearing the HMD device, the virtual screen of the electronic device is appeared to be adjacent to the electronic device. Kim teaches these limitations (Kim, para 255-259, shows device map based on location, e.g. distance and distance of the device to the display; para 0345-0348, 0354-0364, When the control screen image is displayed, the controller 180 sets device icons corresponding to each electronic device and displays the device icons on the control screen image according to a user instruction (S305). In this example, the device icons may be set by displaying icon images on the control screen image and then matching the actual electronic devices to the icon images. Alternatively, an image corresponding to an electronic device may be selected from the control screen image and then matched to the actual electronic device. The device icon may be freely moved to be displayed on the control screen image). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim into the system of claims 18-53 of the current application so as to allow the user to see/control any devices near the user and easily locate the device being connected. It would also have been obvious to locate the virtual screen to appear to be adjacent to the electronic device to the user for same purpose.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1). Determining the scope and contents of the prior art.
2). Ascertaining the differences between the prior art and the claims at issue.
3). Resolving the level of ordinary skill in the pertinent art.
4). Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 against the later invention.
Claim(s) 18-53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haddich (US 20130127980, submitted in an IDS) in view of Kang (US 20120302289, submitted in an IDS) and Kim (US20110037712, submitted in an IDS).
Haddich teaches a system having a head-mounted display device (HMD) for performing a method comprising: obtaining, via at least one camera of the HMD device, at least one image of an actual space that is in front of a user wearing the HMD device, the at least one image including an electronic device in the actual space; receiving a user input related to a request for a virtual screen of the electronic device to be displayed on at least one display of the HMD device. Haddich also teaches various embodiments that how the HMD is used to communicate with other devices (Fig. 6. Paragraph [0508]- Haddick discloses FIG. 6 depicts an embodiment of the eyepiece 600 with a see-through or translucent lens 602. A projected image 618 can be seen on the lens 602. In this embodiment, the image 618 that is being projected onto the lens 602 happens to be an augmented reality version of the scene that the wearer is seeing, wherein tagged points of interest (POI) in the field of view are displayed to the wearer. The output of the camera or optical transmitter may be sent to the eyepiece controller or memory for storage, for transmission to a remote location, or for viewing by the person wearing the eyepiece or glasses. For example, the video output may be streamed to the virtual screen seen by the user.), the HMD device comprising: a display unit, see also Fig.15, Fig.27, and its description, also para0648-0650, 0657).
Haddich fails to, but Kim does, teach based on the user input, establishing, via at least one transceiver of the HMD device, a connection with the electronic device; receiving, from the electronic device via the connection, information regarding the virtual screen of the electronic device to be displayed on the at least one display; and displaying, in the area of the at least one display, the virtual screen of the electronic device based on the information regarding the virtual screen of the electronic device; determining a location of the electronic device based on the at least one image of the actual space; determining, based on the determined location of the electronic device, an area of the at least one display in which the virtual screen of the electronic device is to be displayed, such that, to the user wearing the HMD device, the virtual screen of the electronic device is appeared to be adjacent to the electronic device (Kim, para 255-259, shows device map based on location, e.g. distance and distance of the device to the display; Fig.50, In a state that the device map is displayed, when a grouping of two or more electronic devices included in the device map is selected, an executable data communication menu 53 according to the grouping may be displayed on the display screen of the terminal (FIG. 50(b)). In this example, when the data communication menu is selected (FIG. 50(b)) or the grouped electronic devices are touch-and-dragged to the data communication menu, the data communication according to the selected function may be executed; para 0345-0348, 0354-0364, When the control screen image is displayed, the controller 180 sets device icons corresponding to each electronic device and displays the device icons on the control screen image according to a user instruction (S305). In this example, the device icons may be set by displaying icon images on the control screen image and then matching the actual electronic devices to the icon images. Alternatively, an image corresponding to an electronic device may be selected from the control screen image and then matched to the actual electronic device. The device icon may be freely moved to be displayed on the control screen image. Fig.55B and 55C: With reference to FIG. 55B, when the icon of a first device on the control screen image is dragged to the icon of a second device (S325), the controller 180 displays a control menu for functions corresponding to the first and second electronic devices associated with the first and second device icons, respectively (S330). The controller 180 transmits a command corresponding to a control operation selected from the control menu to the control server 200 such that the selected control operation can be performed between the first and second electronic devices (S335). Accordingly, the control server 200 provides control to perform interworking operations between the first and second electronic devices.
(329) When a command for displaying a shift box is selected (S340), the controller 180 displays a shift box on one area of the control screen image (S345). A shift box may be represented as a dashed line, or any distinguishing feature. When one of the device icons is dragged to the shift box (S350), the controller 180 displays the dragged icon in the shift box, and when the control screen image is shifted, the controller 180 shifts and displays both the shift box and the device icon (S355). Thus, because the device icon displayed in the shift box can be moved to be displayed on the control screen image of a difference space, controlling can be cooperatively performed with the electronic device located in the different space.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim into the system of Haddich so as to allow the user to see/control any devices near the user and easily locate the device being connected. It would also have been obvious to locate the virtual screen to appear to be adjacent to the electronic device to the user for same purpose.
Haddich as modified does not state that the user input being a user gesture. However. Kang teaches the user input being a user gesture (abstract: if image data acquired through a camera is analyzed and a predetermined gesture input is detected, the head mounted display is controlled such that a display change corresponding to the detected gesture input is displayed on the AR screen.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kang into the system of Haddich as modidied so as to provide user input data for control display on augmented reality screen.
As to claim 19, Haddich as modified teaches a method of claim 18, wherein the area of the at least one display is additionally determined based on the information regarding the virtual screen of the electronic device (Kim teaches allowing the user select/control any devices; Fig.50, In a state that the device map is displayed, when a grouping of two or more electronic devices included in the device map is selected, an executable data communication menu 53 according to the grouping may be displayed on the display screen of the terminal (FIG. 50(b)). In this example, when the data communication menu is selected (FIG. 50(b)) or the grouped electronic devices are touch-and-dragged to the data communication menu, the data communication according to the selected function may be executed;)
As to claim 20, Haddich as modified teaches the method of claim 18, further comprising: receiving, from the electronic device via the connection, updated information regarding the virtual screen of the electronic device based on another user input that is received at the electronic device; and displaying, on the at least one display, the virtual screen of the electronic device based on the updated information regarding the virtual screen of the electronic device (see rejection of claim 18, note that Kim teaches controlling any of the devices).
As to claim 21, Haddich as modified teaches the method of claim 18, further comprising: determining coordinates of the location of the electronic device based on the at least one image of the actual space, wherein the area of the at least one display is determined based on the determined coordinates of the location of the electronic device (see rejection of claim 18).
As to claim 22, Haddich as modified teaches the method of claim 18, wherein the user input is made to a virtual image related to the electronic device that is displayed on the at least one display (see rejection of claim 18).
As to claim 23, Haddich as modified teaches the method of claim 22, further comprising: determining, a region of the at least one display in which the virtual image related to the electronic device is to be displayed, such that, to the user wearing the HMD device, the virtual image related to the electronic device appears to be adjacent to the electronic device; and displaying, in the region of the at least one display, the virtual image related to the electronic device (see rejection of claim 18).
As to claim 24, Haddich as modified teaches the method of claim 18, wherein the area on the at least one display is determined, such that, to the user wearing the HMD device, the virtual screen of the electronic device appears be adjacent to a display of the electronic device (see rejection of claim 18).
As to claim 25, Haddich as modified teaches the method of claim 18, wherein the area on the at least one display is determined, such that, to the user wearing the HMD device, the virtual screen of the electronic device appears to be adjacent to the electronic device at a predetermined location relative to the electronic device (see rejection of claim 18).
As to claim 26, Haddich as modified teaches the method of claim 18, wherein the virtual screen of the electronic device is an expanded screen of the electronic device (see rejection of claim 18, note that Kim teaches When the control screen image is displayed, the controller 180 sets device icons corresponding to each electronic device and displays the device icons on the control screen image according to a user instruction (S305). In this example, the device icons may be set by displaying icon images on the control screen image and then matching the actual electronic devices to the icon images. Alternatively, an image corresponding to an electronic device may be selected from the control screen image and then matched to the actual electronic device. The device icon may be freely moved to be displayed on the control screen image.).
As to claim 27, Haddich as modified teaches the method of claim 18, wherein the information regarding the virtual screen of the electronic device includes at least one of shape information of the electronic device, content information related to the virtual screen of the electronic device, image information related to the virtual screen of the electronic device, or size information of the virtual screen of the electronic device (see rejection of claim 18).
As to claim 28, Haddich as modified teaches the method of claim 18, wherein the at least one display is a non- transparent display (kim, The display 151 may include at least one of a liquid crystal display (LCD), a thin film transistor liquid crystal display (TFT LCD), an organic light-emitting diode (OLED), a flexible display, and a three-dimensional (3D) display.).
As to claim 29, Haddich as modified teaches the method of claim 18, wherein the electronic device is a laptop computer (see Kim Fig.10).
Claims 30-41 are device claim reciting a device performing the method similar to claims 18-29, thus see the rejection of claims 18-29, note that Haddich as modified teaches to have a transceiver, a camera, a display, memory, a processor, and the program (Kim Fig.1).
Claims 42-53 are similar to claims 18-29, thus see the rejection of claims 18-29, note that Haddich as modified teaches the memory for storing the program (Kim Fig.1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20180082524-A1
US-9245501-B2
US-20100317332-A1
US-20150364113-A1
Contact information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENT WU CHANG whose telephone number is (571)272-7667. The examiner can normally be reached Monday to Thursday between 9:00am – 4:00pm.
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/KENT W CHANG/Supervisory Patent Examiner, Art Unit 2614