DETAILED ACTION
This action is in response to communications: Preliminary-Amendment filed February 27, 2025.
Claims 1-14 are pending in this case. Claim 6 has been newly amended. No claims have been newly added or cancelled. This action is made Non-Final.
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 statements (IDS) submitted on July 1, 2024 and December 16, 2024 were filed on/after the filing date of the application on July 1, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings were received on July 1, 2024. These drawings are accepted.
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 § 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 non-statutory 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 1-14 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 7, 9, 15, and 17 of U.S. Patent No. 12,051,170. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the tables below.
Present Application #18/760,288
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2
3
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8
9
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14
Patent Application #12,051,170
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1
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Present Application #18/760,288 Claim 1
Patent Application #12,051,170 Claim 1
A method comprising:
A method comprising:
at a processor of an electronic device:
at a processor of an electronic device:
positioning a stereo item within a three-dimensional (3D) coordinate system corresponding to a 3D environment; and
positioning a portal within a three-dimensional (3D) coordinate system corresponding to an extended reality (XR) environment; positioning a stereo item within the 3D coordinate system at a distance behind the portal;
providing a view of the 3D environment, wherein the view comprises the stereo item and a visual effect that partially obscures a portion of the view surrounding the stereo item.
positioning a visual effect layer within the 3D coordinate system, the visual effect layer different than the stereo item and the portal; and providing a view of the XR environment based on a viewpoint in front of the portal within the 3D coordinate system, wherein the stereo item is at least partially visible through the portal in the view of the XR environment, and wherein the visual effect layer: affects an appearance of the portal; affects an appearance of content visible through the portal in the view by providing an imaging effect altering an appearance of the stereo item; or affects the appearance of the content visible through the portal in the view by providing additional content visible through the portal in the view, the additional content different than the stereo item.
Claim 1 of the present application differs from claim 1 of the patent application in that claim 1 of the present application is broader in scope than claim 1 of the patent application, thus encompasses that of the patent application.
Present Application #18/760,288 Claim 2
Patent Application #12,051,170 Claim 1
The method of claim 1, wherein
A method comprising…
the visual effect comprises an alpha fade.
… wherein the visual effect layer: affects an appearance of the portal; affects an appearance of content visible through the portal in the view by providing an imaging effect altering an appearance of the stereo item; or affects the appearance of the content visible through the portal in the view by providing additional content visible through the portal in the view, the additional content different than the stereo item.
Claim 2 of the present application differs from claim 1 of the patent application in that claim 2 of the present application is broader in scope than claim 1 of the patent application, thus encompasses that of the patent application.
Present Application #18/760,288 Claim 3
Patent Application #12,051,170 Claim 1
The method of claim 2, wherein
A method comprising…
the alpha fade decreases based on distance from the stereo item in the view.
…positioning a visual effect layer within the 3D coordinate system, the visual effect layer different than the stereo item and the portal; and providing a view of the XR environment based on a viewpoint in front of the portal within the 3D coordinate system, wherein the stereo item is at least partially visible through the portal in the view of the XR environment, and wherein the visual effect layer: affects an appearance of the portal; affects an appearance of content visible through the portal in the view by providing an imaging effect altering an appearance of the stereo item; or affects the appearance of the content visible through the portal in the view by providing additional content visible through the portal in the view, the additional content different than the stereo item.
Claim 3 of the present application differs from claim 1 of the patent application in that claim 3 of the present application is broader in scope than claim 1 of the patent application, thus encompasses that of the patent application.
Present Application #18/760,288 Claim 4
Patent Application #12,051,170 Claim 7
The method of claim 1, wherein
The method of claim 1, wherein
the device is a head-mounted device.
the electronic device is a head-mounted device.
Present Application #18/760,288 Claim 5
Patent Application #12,051,170 Claim 1
The method of claim 1, wherein
A method comprising…
the 3D environment is an extended reality (XR) environment.
… providing a view of the XR environment…
Present Application #18/760,288 Claim 6
Patent Application #12,051,170 Claim 9
A device comprising:
A system comprising:
a non-transitory computer-readable storage medium; and
a non-transitory computer-readable storage medium; and
one or more processors coupled to the non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium comprises program instructions that, when executed on the one or more processors, cause the device to perform operations comprising:
one or more processors coupled to the non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium comprises program instructions that, when executed on the one or more processors, cause the system to perform operations comprising:
positioning a stereo item within a three-dimensional (3D) coordinate system corresponding to a 3D environment; and
positioning a portal within a three-dimensional (3D) coordinate system corresponding to an extended reality (XR) environment; positioning a stereo item within the 3D coordinate system at a distance behind the portal;
providing a view of the 3D environment, wherein the view comprises the stereo item and a visual effect that partially obscures a portion of the view surrounding the stereo item.
positioning a visual effect layer within the 3D coordinate system, the visual effect layer different than the stereo item and the portal; and providing a view of the XR environment based on a viewpoint in front of the portal within the 3D coordinate system, wherein the stereo item is at least partially visible through the portal in the view of the XR environment, and wherein the visual effect layer: affects an appearance of the portal; affects an appearance of content visible through the portal in the view by providing an imaging effect altering an appearance of the stereo item; or affects the appearance of the content visible through the portal in the view by providing additional content visible through the portal in the view, the additional content different than the stereo item.
Claim 6 of the present application differs from claim 9 of the patent application in that claim 6 of the present application is broader in scope than claim 9 of the patent application, thus encompasses that of the patent application.
Present Application #18/760,288 Claim 7
Patent Application #12,051,170 Claim 9
The device of claim 6, wherein
A system comprising…
the visual effect comprises an alpha fade.
… wherein the visual effect layer: affects an appearance of the portal; affects an appearance of content visible through the portal in the view by providing an imaging effect altering an appearance of the stereo item; or affects the appearance of the content visible through the portal in the view by providing additional content visible through the portal in the view, the additional content different than the stereo item.
Claim 7 of the present application differs from claim 9 of the patent application in that claim 7 of the present application is broader in scope than claim 9 of the patent application, thus encompasses that of the patent application.
Present Application #18/760,288 Claim 8
Patent Application #12,051,170 Claim 9
The device of claim 7, wherein
A system comprising…
the alpha fade decreases based on distance from the stereo item in the view.
…positioning a visual effect layer within the 3D coordinate system, the visual effect layer different than the stereo item and the portal; and providing a view of the XR environment based on a viewpoint in front of the portal within the 3D coordinate system, wherein the stereo item is at least partially visible through the portal in the view of the XR environment, and wherein the visual effect layer: affects an appearance of the portal; affects an appearance of content visible through the portal in the view by providing an imaging effect altering an appearance of the stereo item; or affects the appearance of the content visible through the portal in the view by providing additional content visible through the portal in the view, the additional content different than the stereo item.
Claim 8 of the present application differs from claim 9 of the patent application in that claim 8 of the present application is broader in scope than claim 9 of the patent application, thus encompasses that of the patent application.
Present Application #18/760,288 Claim 9
Patent Application #12,051,170 Claim 15
The device of claim 6, wherein
The system of claim 9, wherein
the device is a head-mounted device.
the electronic device is a head-mounted device.
Present Application #18/760,288 Claim 10
Patent Application #12,051,170 Claim 9
The device of claim 6, wherein
A system comprising…
the 3D environment is an extended reality (XR) environment.
… providing a view of the XR environment…
Present Application #18/760,288 Claim 11
Patent Application #12,051,170 Claim 17
A non-transitory computer-readable storage medium, storing program instructions executable by one or more processors to perform operations comprising:
A non-transitory computer-readable storage medium storing program instructions executable via one or more processors to perform operations comprising:
positioning a stereo item within a three-dimensional (3D) coordinate system corresponding to a 3D environment; and
positioning a portal within a three-dimensional (3D) coordinate system corresponding to an extended reality (XR) environment; positioning a stereo item within the 3D coordinate system at a distance behind the portal;
providing a view of the 3D environment, wherein the view comprises the stereo item and a visual effect that partially obscures a portion of the view surrounding the stereo item.
positioning a visual effect layer within the 3D coordinate system, the visual effect layer different than the stereo item and the portal; and providing a view of the XR environment based on a viewpoint in front of the portal within the 3D coordinate system, wherein the stereo item is at least partially visible through the portal in the view of the XR environment, and wherein the visual effect layer: affects an appearance of the portal; affects an appearance of content visible through the portal in the view by providing an imaging effect altering an appearance of the stereo item; or affects the appearance of the content visible through the portal in the view by providing additional content visible through the portal in the view, the additional content different than the stereo item.
Claim 11 of the present application differs from claim 17 of the patent application in that claim 11 of the present application is broader in scope than claim 17 of the patent application, thus encompasses that of the patent application.
Present Application #18/760,288 Claim 12
Patent Application #12,051,170 Claim 17
The non-transitory computer-readable storage medium of claim 11, wherein
A non-transitory computer-readable storage medium storing program instructions executable via one or more processors to perform operations comprising…
the visual effect comprises an alpha fade.
… wherein the visual effect layer: affects an appearance of the portal; affects an appearance of content visible through the portal in the view by providing an imaging effect altering an appearance of the stereo item; or affects the appearance of the content visible through the portal in the view by providing additional content visible through the portal in the view, the additional content different than the stereo item.
Claim 12 of the present application differs from claim 17 of the patent application in that claim 12 of the present application is broader in scope than claim 17 of the patent application, thus encompasses that of the patent application.
Present Application #18/760,288 Claim 13
Patent Application #12,051,170 Claim 17
The non-transitory computer-readable storage medium of claim 12, wherein
A non-transitory computer-readable storage medium storing program instructions executable via one or more processors to perform operations comprising…
the alpha fade decreases based on distance from the stereo item in the view.
…positioning a visual effect layer within the 3D coordinate system, the visual effect layer different than the stereo item and the portal; and providing a view of the XR environment based on a viewpoint in front of the portal within the 3D coordinate system, wherein the stereo item is at least partially visible through the portal in the view of the XR environment, and wherein the visual effect layer: affects an appearance of the portal; affects an appearance of content visible through the portal in the view by providing an imaging effect altering an appearance of the stereo item; or affects the appearance of the content visible through the portal in the view by providing additional content visible through the portal in the view, the additional content different than the stereo item.
Claim 13 of the present application differs from claim 17 of the patent application in that claim 13 of the present application is broader in scope than claim 17 of the patent application, thus encompasses that of the patent application.
Present Application #18/760,288 Claim 14
Patent Application #12,051,170 Claim 17
The non-transitory computer-readable storage medium of claim 11, wherein
A non-transitory computer-readable storage medium storing program instructions executable via one or more processors to perform operations comprising…
the 3D environment is an extended reality (XR) environment.
… providing a view of the XR environment…
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Held et al. (US 10,523,912).
As to claim 1, Held et al. disclose a method (Figures 10A and 10B) comprising: at a processor (processor 112 (and/or processor 114)) of an electronic device (Figure 1, computing device 108 communicatively coupled to (or integrated with) head-mounted display (HMD) device 104, further illustrated in Figures 2, 4A, 4B, 5, 6, 7, 8A, 8B, and 9, each may be implemented as computing system 1100, further illustrated in Figure 11)(column 2, lines 50-63) the operations as performed by the device of claim 6. Please see the rejection and rationale of claim 6 below.
Claims 2-5 are similar in scope to claims 7-10 below, respectively, and are therefore rejected under similar rationale.
As to claim 6, Held et al. disclose a device (Figure 1, computing device 108 communicatively coupled to (or integrated with) head-mounted display (HMD) device 104, further illustrated in Figures 2, 4A, 4B, 5, 6, 7, 8A, 8B, and 9, each may be implemented as computing system 1100, further illustrated in Figure 11)(column 2, lines 50-63) comprising: a non-transitory computer-readable storage medium (memory 116 (and/or memory 118)); and one or more processors (processor 112 (and/or processor 114)) coupled to the non-transitory computer-readable storage medium (memory 116 (and/or memory 118)), wherein the non-transitory computer-readable storage medium comprises program instructions (instructions 120) that, when executed on the one or more processors (processor 112 (and/or processor 114))(column 2, lines 64-67 notes computing device 108 comprises memory 116 executable by processor 112 to perform one or more of the methods and processes described, where Figure 11, column 13, lines 37-64 notes examples of memory as non-volatile storage device 1112 and volatile memory 1108 for storing instructions to be executed by logic processor 1104, which encompasses “non-transitory” forms of computer-readable storage mediums), cause the device to perform operations (steps of Figures 10A and 10B) comprising: positioning a stereo item (e.g. position stereo visual content 216) within a three-dimensional (3D) coordinate system (e.g. within a three-dimensional virtual coordinate system, e.g. X-Y-Z axes) corresponding to a 3D environment (e.g. corresponding to an augmented and/or virtual reality environment, column 2, lines 16-25)(step 1004, column 12, lines 1-3, establishing a default display distance from an origin in a virtual coordinate system, where Figures 2 and 3A, column 4, lines 32-63 notes default display distance 228 may be a fixed distance that is established to provide the user 204 with a comfortable viewing experience in which the displayed visual content is neither too close nor too far away from the viewer, the HMD device 104 is located at a viewing position 304 that corresponds to an origin in a three-dimensional virtual coordinate system, indicated by the X-Y-Z axes, where Figures 2 and 3A illustrates displaying visual content via the HMD device 104 by establishing the default display distance 228 relative to the origin/viewing position 304 in the virtual coordinate system, e.g. Figure 3A illustrates the default display distance 228 extending in the Z-axis direction perpendicularly from an X-Y plane 308 extending through the origin/viewing position 304; step 1006, column 12, lines 3-5, setting a modified display distance from the origin; step 1016, column 12, lines 7-9, determining that the visual content comprises stereo visual content comprising a left eye image and a right eye image; step 1020, column 12, lines 9-15, based on determining that the visual content comprises stereo visual content, scaling the left eye image to a scaled left eye image and scaling the right eye image to a scaled right eye image using a scale factor that is proportional to a difference between the modified display distance and the default display distance, where Figure 3B, column 5, lines 22 thru column 6, lines 17 notes displaying the stereo visual content at a modified display distance 312, the modified display distance 312 may be any suitable distance greater than the default display distance 228, such that image distortions at the default display distance may be minimized or substantially eliminated, and Figures 4A and 4B, column 6, lines 18 thru column 8, lines 4 further notes scaling each of the left eye image and right eye image using a scaling factor 152 described above; NOTE: the “positioning a stereo item” may additionally include step 1044, shortening the modified display distance, further described below); and providing a view of the 3D environment (e.g. Figure 7, field of view 224 of HMD device 104, e.g. displaying the stereo visual content 216 as the scaled left eye image and the scaled right eye image in addition to three-dimensional visual content as real world objects, e.g. occluding object (couch) 604, potted plant 628, bookshelf 632, and coat rack 636)(step 1024, column 12, lines 15-18, displaying the scaled left eye image and the scaled right eye image at the modified display distance; step 1028, column 12, lines 19-21, determining that the visual content comprises three-dimensional visual content; step 1032, column 12, lines 21-23, displaying the three-dimensional visual content at the default display distance), wherein the view comprises the stereo item (e.g. the field of view 224 comprises stereo visual content 216 as the scaled left eye image and the scaled right eye image) and a visual effect (e.g. shortening the modified display distance 704 and dimming) that partially obscures a portion of the view surrounding the stereo item (e.g. “obscures” the three-dimensional content as real world objects, e.g. occluding object (couch) 604, potted plant 628, bookshelf 632, and coat rack 636, surrounding the stereo visual content 216)(step 1036, column 24-29, determining that an occluding object is located between a location of the HMD device in the virtual coordinate system and a location of the visual content at the modified display distance; step 1044, column 12, lines 30-33, shortening the modified display distance to a shortened modified display distance that is between the occluding object and the location of the HMD device; step 1048, column 12, lines 33-35, dimming at least the occluding object; step 1052, column 12, lines 35-dimming all real-world objects and other displayed virtual content within a field of view of the HMD device, where Figure 7, column 9, lines 15-59 notes HMD device 104 is an augmented reality HMD device comprising an at least partially see-through display, the display may comprise an electro-chromatic material that may be selectively tinted to allow less light from a real world occluding object through the display to reach the eyes of a viewer, in this manner, dimming may reduce the brightness and fade out the unwanted real-world content, e.g. occluding object, couch, 604, and/or other real-world objects within field of view, e.g. potted plant 628, bookshelf 632, and coat rack 636).
As noted above, Held et al. describe its computing device 108 may be communicatively coupled or integrated with head-mounted display (HMD) device 104, where the devices collectively perform the operations as described above. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention that the computing device integrated with the HMD device may be considered a single device, thus the “device” as claimed, yielding predictable results, without changing the scope of the invention.
As to claim 7, Held et al. disclose the visual effect comprises an alpha fade (e.g. as noted in claim 6, shortening the modified display distance places the stereo visual content 216 in front of occluding object (couch) 604, and dimming reduces the brightness and fades out unwanted real-world content, e.g. occluding object, couch, 604, and/or other real-world objects within field of view, e.g. potted plant 628, bookshelf 632, and coat rack 636, where “shortening the modified display distance” and “dimming” may be considered an “alpha fade”).
As to claim 8, Held et al. disclose the alpha fade decreases based on distance from the stereo item in the view (e.g. as noted in claim 6, step 1036, column 24-29, determining that an occluding object is located between a location of the HMD device in the virtual coordinate system and a location of the visual content at the modified display distance; step 1044, column 12, lines 30-33, shortening the modified display distance to a shortened modified display distance that is between the occluding object and the location of the HMD device; step 1048, column 12, lines 33-35, dimming at least the occluding object, thus the shortening the modified display distance and dimming (“alpha fade decreases”) occurs based on whether there is an occluding object located between a location of the HMD device and a location of the visual content at the modified display distance).
As to claim 9, Held et al. disclose the device is a head-mounted device (e.g. as noted in claim 6, computing device 108 communicatively coupled to (or integrated with) head-mounted display (HMD) device 104, further illustrated in Figures 2, 4A, 4B, 5, 6, 7, 8A, 8B, and 9).
As to claim 10, Held et al. disclose the 3D environment is an extended reality (XR) environment (e.g. as noted in claim 6, further in column 2, lines 16-25 notes head-mounted display (HMD) devices, e.g. HMD device 104, may display visual content to a user via a virtual reality experience, e.g. by displaying visual content via an opaque, non-see-through display that creates a fully virtual environment, or an augmented reality experience, e.g. by displaying visual content via an at least partially see-through display that also enables the user to view real-world surroundings, where extended reality (XR) is known to encompass virtual reality and augmented reality environments).
As to claim 11, Held et al. disclose a non-transitory computer-readable storage medium (Figure 1, memory 116 (and/or memory 118)) as comprised in the device of claim 6, storing program instructions (e.g. instructions 120) executable by one or more processors (e.g. processor 112 (and/or processor 114)) to perform operations as performed by the device of claim 6. Please see the rejection and rationale of claim 6 above.
Claims 12-14 are similar in scope to claims 7, 8, and 10 above, respectively, and are therefore rejected under similar rationale.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACINTA M CRAWFORD whose telephone number is (571)270-1539. The examiner can normally be reached 8:30a.m. to 4:30p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, King Y. Poon can be reached at (571)272-7440. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACINTA M CRAWFORD/Primary Examiner, Art Unit 2617
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