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 .
DETAILED ACTION
1. This action is responsive to application communication filed on 7/4/2024.
2. Claims 1-18 are pending in the case.
3. Claims 1 and 10 are independent claims.
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 1-18 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12086393 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application recite every element of the patented claims and therefor, anticipate the patented claims.
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.
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.
Claims 1, 2, 9, 10, 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Blanche et al., U.S. Published Application No. 20150319554 A1 in view of Youn et al. (hereinafter “Youn”), U.S. Published Application No. 20160165037 A1.
Independent Claim 1:
Blanche teaches An electronic device configured to communicate using an avatar in a virtual space, the electronic device comprising: memory storing executable instructions; (e.g., memory of device as shown in Figure 7)
and at least one processor electrically connected with the memory and configured to access the memory to execute the instructions and cause the electronic device to perform operations comprising: (e.g., memory and processor of device as shown in Figure 7)
controlling a display to display a first avatar corresponding to a user of the electronic device in a virtual space, (e.g., displaying virtual representation of the body 310 of the user par. 55; The output device 214 may display a graphical representation 316 of an area, such as a graphical representation 316 of the area around and including a body 310 of the user. In one or more implementations, the graphical representation 316 may be captured by the front-facing image capture device 318, and/or the graphical representation 316 may be a virtual representation of the body 310 of the user, such as a generated and/or retrieved graphical representation 316 of the body 310 of the user. representation 316 may be a virtual representation of the body 310 of the user, such as a generated and/or retrieved graphical representation 316 of the body 310 of the user.)
wherein the first avatar configured to display at least one peripheral electronic device GUI resource; (e.g., pairable devices that are worn by the virtual representation of a user as shown in Figure 3 par. 56; The graphical representation 316 may include depictions 304A-F of one or more pairable devices, such as pairable devices that are worn by, and/or proximal to, the user. For explanatory purposes, in FIG. 3 the depiction 304A corresponds to smart shoe devices, the depiction 304B corresponds to a smart phone device, the depiction 304C corresponds to a smart monitor device, the depiction 304D corresponds to a smart glasses device, the depiction 304E corresponds to a smart clothing device, and the depiction 304F corresponds to a smart watch device.)
controlling the display to display a peripheral electronic device selecting GUI including at least one peripheral electronic device capable of establishing a communication connection with the electronic device; (e.g., displaying a list of services including pairing the pairable device with another pairable device par. 57; The graphical representation 316 may further include a list of services 312 that may be displayed on the graphical representation 316 proximal to the depiction 304F of the corresponding pairable device. In one or more implementations, the electronic device 102 may display the list of services 312 in response to a selection of the pairable device corresponding to the depiction 304F. As shown in FIG. 3, in one or more implementations the list of services 312 may include connecting and/or pairing with the pairable device, pairing the pairable device with another pairable device, sharing the capabilities of the pairable device, display the available services provided by the pairable device, and/or input information about the pairable device, such as by a user interacting with the electronic device 102.)
and based on the selected peripheral electronic device being connected with the electronic device, controlling the display to display at least one function GUI resource capable of executing or stopping a specified function provided by the selected peripheral electronic device in the virtual space. (e.g., displaying available services such as pairing with the device or with another device. Examiner considers pairing with another device to be example of stopping pairing function with the currently paired device par. 57; As shown in FIG. 3, in one or more implementations the list of services 312 may include connecting and/or pairing with the pairable device, pairing the pairable device with another pairable device)
Blanche fails to expressly teach based on receiving an input selecting a peripheral electronic device using the peripheral electronic device selecting GUI, controlling the display to display a peripheral electronic device GUI resource corresponding to the selected peripheral electronic device at a corresponding first avatar position;
However, Youn teaches based on receiving an input selecting a peripheral electronic device using the peripheral electronic device selecting GUI, controlling the display to display a peripheral electronic device GUI resource corresponding to the selected peripheral electronic device at a corresponding first avatar position; (e.g., dragging device from a list to human icon position see Figure 5A; par. 202; Here, the user may apply an input 540 for dragging one 521 of icons 521, 522, 523, 524, 525, 526 corresponding to a plurality of sensors to one 514 of icons 510, 512, 514 corresponding to the sensed wearable devices. For an embodiment, the user may apply an input 540 for dragging an icon 512 corresponding to the GPS sensor to an icon 514 corresponding to the smart watch.)
and based on the selected peripheral electronic device being connected with the electronic device, controlling the display to display at least one function GUI resource capable of executing or stopping a specified function provided by the selected peripheral electronic device in the virtual space. (e.g., activating or deactivating GPS sensor function par. 203; Accordingly, a control signal for activating the GPS sensor provided in the smart watch may be transmitted to the smart watch. Here, a pop-up window 550 for indicating that the GPS sensor of the smart watch is activated may be displayed. Par. 204; Furthermore, a control signal for deactivating the GPS sensor provided in the smart glasses may be transmitted to the smart glasses which is a sensed wearable device other than the smart watch. Similarly, a control signal for deactivating the GPS sensor provided in the smart headset to the smart headset.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display of virtual representation and list of services as taught by Blanche to include selectable devices to drag to a position on the human representation as taught by Youn, with a reasonable expectation of success, to provide predictable and expected results (e.g., intuitively providing desired service as the desired location relative to the human body).
Claim 2 depends on claim 1:
Blanche teaches wherein the at least one function GUI resource includes a GUI resource capable of displaying the information obtained from the peripheral electronic device in the virtual space. (e.g., displaying available services obtained from pairable device par. 57; display the available services provided by the pairable device, and/or input information about the pairable device, such as by a user interacting with the electronic device 102)
Claim 9 depends on claim 1:
Blanche teaches wherein the corresponding first avatar position corresponds to a body part at which the peripheral electronic device is worn by the user. (e.g., virtual representation wearing devices as shown in Figure 3, par. 56; The graphical representation 316 may include depictions 304A-F of one or more pairable devices, such as pairable devices that are worn by, and/or proximal to, the user.)
Independent Claim 10:
Claim 10 is substantially encompassed in claim 1, therefore, Examiner relies on the same rationale set forth in claim 1 to reject claim 10.
Claim 11 depends on claim 10:
Claim 11 is substantially encompassed in claim 2, therefore, Examiner relies on the same rationale set forth in claim 2 to reject claim 11.
Claim 18 depends on claim 10:
Claim 18 is substantially encompassed in claim 9, therefore, Examiner relies on the same rationale set forth in claim 9 to reject claim 18.
Allowable Subject Matter
Claims 3-8 and 12-17 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 and proper terminal disclaimer is submitted.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY ORR whose telephone number is (571)270-1308. The examiner can normally be reached 9AM-5PM EST M-F.
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, Adam Queler can be reached at (571)272-4140. 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.
/HENRY ORR/Primary Examiner, Art Unit 2172
Prosecution Insights