DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12033380. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are anticipated by claims of U.S. Patent No. 12033380.
Claim 1 of instant application
Claim 1 of U.S. Patent No. 12033380
An information processing apparatus comprising a display controlling section that causes a display device to start displaying a first virtual object while a user is moving in a real space, performs distance keeping control to substantially keep a distance between the user and the first virtual object, ends the distance keeping control in a case where a predetermined condition is satisfied, and changes the distance between the user and the first virtual object.
An information processing apparatus, comprising ;a display controlling section configured to: control a display device to display a first virtual object based on a movement of a user in a real space, perform distance keeping control to keep a distance between the user and the first virtual object, terminate the distance keeping control based on a determination that a specific condition is satisfied, wherein the specific condition corresponds to a determination that the user has an interest in the displayed first virtual object, and reduce the distance between the user and the first virtual object based on the terminated distance keeping control.
Claim 19 of instant application
Claim 18 of U.S. Patent No. 12033380
An information processing method comprising: causing a display device to start displaying a first virtual object while a user is moving in a real space; performing distance keeping control to substantially keep a distance between the user and the first virtual object; ending the distance keeping control in a case where a predetermined condition is satisfied; and changing the distance between the user and the first virtual object.
An information processing method, comprising: controlling a display device to display a first virtual object based on a movement of a user in a real space; performing distance keeping control to keep a distance between the user and the first virtual object; terminating the distance keeping control based on a determination a specific condition is satisfied, wherein the specific condition corresponds to a determination that the user has an interest in the displayed first virtual object; and reducing the distance between the user and the first virtual object based on the terminated distance keeping control.
Claim 20 of instant application
Claim 19 of U.S. Patent No. 12033380
A program causing a computer to function as an information processing apparatus, the apparatus comprising a display controlling section that causes a display device to start displaying a first virtual object while a user is moving in a real space, performs distance keeping control to substantially keep a distance between the user and the first virtual object, ends the distance keeping control in a case where a predetermined condition is satisfied, and changes the distance between the user and the first virtual object.
A non-transitory computer-readable medium having stored thereon, computer-executable instructions which, when executed by a computer, cause the computer to execute operations, the operations comprising: controlling a display device to display a first virtual object based on a movement of a user in a real space, performing distance keeping control to keep a distance between the user and the first virtual object, terminating the distance keeping control based on a determination that a specific condition is satisfied, wherein the specific condition corresponds to a determination that the user has an interest in the displayed first virtual object, and reducing the distance between the user and the first virtual object based on the terminated distance keeping control.
Claims 2-18 are rejected on the ground of nonstatutory obviousness-type double patenting as being dependent upon a rejected base claim, but would be withdrawn from the rejection if their base claims overcome the rejection by the timely filing of a terminal disclaimer.
Claim Rejections - 35 USC § 101
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.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim as a whole is directed to software program per se which
do not fall within the four statutory categories of invention.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7-11, 15, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ooi (U.S. PG-PUB NO. 2015/0052479).
-Regarding claims 1, 19 and 20, Ooi discloses an information processing apparatus (FIG. 6) comprising a display controlling section that causes a display device to start displaying a first virtual object while a user is moving in a real space (display control unit 170, FIG. 6), performs distance keeping control to substantially keep a distance between the user and the first virtual object (see paragraph 121), ends the distance keeping control in a case where a predetermined condition is satisfied, and changes the distance between the user and the first virtual object (see paragraph 122).
-Regarding claim 2, Ooi further discloses the predetermined condition includes a condition that the user has come closer to a predetermined position in the real space (see paragraph 122).
-Regarding claim 3, Ooi further discloses the first virtual object indicates information relevant to the predetermined position (menu item, paragraph 122).
-Regarding claim 4, Ooi further discloses the information relevant to the predetermined position includes information on a shop present at the predetermined position (menu item, paragraph 122).
-Regarding claim 7, Ooi further discloses an interest determining section that determines whether or not the user has an interest in the first virtual object displayed, wherein the display controlling section reduces the distance between the first virtual object and the user on a basis of a determination that the user has an interest in the first virtual object displayed (reducing the distance between the menu item R21 and the information processing apparatus 100, the scale of the menu item R21 will become larger, paragraph 122).
-Regarding claim 8, Ooi further discloses the interest determining section determines that the user has an interest in the first virtual object when a line of sight of the user has moved toward the first virtual object (reducing the distance between the menu item R21 and the information processing apparatus 100, the scale of the menu item R21 will become larger, paragraph 122).
-Regarding claim 9, Ooi further discloses the display controlling section changes the attitude of the first virtual object such that the attitude of the first virtual object relative to the user is maintained while reducing the distance between the first virtual object and the user (reducing the distance between the menu item R21 and the information processing apparatus 100, the scale of the menu item R21 will become larger, paragraph 122).
-Regarding claim 10, Ooi further discloses the display controlling section reduces the distance between the first virtual object and the user in a case where a time or a distance in which the user is able to keep walking is greater than a threshold, the time and the distance in which the user is able to keep walking being determined on a basis of environment information (the standard for selecting a default object relates to the three-dimensional position of real objects within a real space, paragraph 87).
-Regarding claim 11, Ooi further discloses the display controlling section increases an amount of information of the first virtual object while reducing the distance between the first virtual object and the user (reducing the distance between the menu item R21 and the information processing apparatus 100, the scale of the menu item R21 will become larger, paragraph 122).
-Regarding claim 15, Ooi further discloses the first virtual object includes a notification object that notifies the user of reception of information by the information processing apparatus (paragraph 115).
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ooi (U.S. PG-PUB NO. 2015/0052479) in view of Nishibe (U.S. PG-PUB NO. 2018/0174366).
-Regarding claim 18, Ooi is silent to teaching that the information processing apparatus comprises a head mounted display (HMD). However, the claimed limitation is well known in the art as evidenced by Nishibe.
In the same field of endeavor, Nishibe teaches the information processing apparatus comprises a head mounted display (HMD) (head mounted display HMD, paragraph 47).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Ooi with the teaching of Nishibe in order to provide user with constantly wearability.
Allowable Subject Matter
Claims 5, 6, 12-14, 16 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
This is a continuation of applicant's earlier Application No. 17/250,513. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PING Y HSIEH whose telephone number is (571)270-3011. The examiner can normally be reached Monday-Friday, 9am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nay Maung can be reached on (571) 272-7882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PING Y HSIEH/ Primary Examiner, Art Unit 2664