DETAILED ACTION
Status of the Claims
The filing dated 7/9/24 is entered. Claims 2 and 8 are cancelled. Claims 1, 3-7, and 9-12 are pending.
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 .
Response to Arguments
Applicant's arguments filed 4/14/26 have been fully considered but they are not persuasive.
The Applicant, firstly, argues “The Examiner stated that the written description fails to disclose the structure, material, or acts of the "positioning module." However, in fact, Paragraph [0013] of the specification discloses the acts of the positioning module, stating that the positioning module "is configured to obtain a position of the user," and "may use simultaneous localization and mapping (SLAM) technology to obtain the position of the user at a frequency of, for example, 60 times per second." Furthermore, Paragraph [0013] of the specification also discloses the structure of the positioning module, stating that the positioning module "may include a gyroscope (not shown), a lidar (not shown), a camera (not shown), and an accelerometer (not shown) ...." Since the specification indeed discloses the structure and the acts of the positioning module, a proper written description for the "positioning module" is provided in the specification.”
The description in Par. 0013 both describes what the positioning model does and what it “may include”. This language does not provide any detail into what the positioning model “is”. As such, the rejection below stands.
The Applicant, secondly, argues “One feature of the amended Claims 1 and 7 is that a display orientation of the virtual image is controlled to be identical to a direction from the display position to the user position of the user. In contrast, McBeth merely discloses that if the user moves outside the defined region, the reference point is moved toward the user location, and the UI is displayed based on the new reference point location. That is, McBeth only discloses moving the reference point toward the user location without controlling a display orientation of the UI, and thus fails to disclose or suggest the feature of controlling the display orientation of the virtual image to be identical to a direction from the display position to the user position of the user (i.e., the virtual images is controlled to face the user position), as described in the present application.”
The Examiner respectfully disagrees. The Applicant admits “the reference point is moved toward the user location, and the UI is displayed based on the new reference point location”. The “display orientation” is the relocated placement of the UI based on the new user position, wherein the UI is placed in front of the user’s face, i.e. identical to a direction from the display position to the user position of the user. Therefore, it is believed McBeth discloses the claim language as currently presented.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “positioning module” in claims 7-12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
In regards to “positioning module”, no structure is given.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim limitation “positioning module” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-7, and 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McBeth, US-20190114052.
In regards to claim 1, McBeth discloses a method for displaying a virtual image to a user (Par. 0007 “a VR or AR device generating a UI in a VR or AR environment”), the method implemented by a computing device and comprising: obtaining an initial position of the user (Par. 0067 “the VR or AR device monitors the position of the user with respect to the UI 210 or 410”; Par. 0039 “an initial position of a UI 210 with respect to an initial position 202 of a user in a VR or AR environment 200 in accordance with the present disclosure”); defining a reference point (Fig. 2, 212 reference point) based on the initial position of the user (Par. 0039 “defined region 220 that is defined with respect to reference point 212 and represents a maximum distance permitted between the user's position and curved UI”); obtaining a user position of the user (Fig. 6B, 658; Par. 0067 “the VR or AR device monitors the position of the user with respect to the UI 210 or 410”); determining whether a distance between a position of the reference point and the user position is greater than a threshold (Fig. 2A-D and 6B; Par. 0040-0043 and 0068-0069 if the user moves outside defined region 220, i.e. greater than a threshold distance from reference point 212 which defines region 220, the reference point is moved toward the user location such that the reference point is moved so that the user is maximum distance from the reference point and associated UI 210, which is less than the threshold distance defined by region 220 and the initial reference point, and the UI is displayed based on the new reference point 212 location); in response to determining that the distance is greater than the threshold, moving the position of the reference point to a reference position that is at most the threshold away from the user position (Fig. 2A-D and 6B; Par. 0040-0043 and 0068-0069 if the user moves outside defined region 220, i.e. greater than a threshold distance from reference point 212 which defines region 220, the reference point is moved toward the user location such that the reference point is moved so that the user is maximum distance from the reference point and associated UI 210, which is less than the threshold distance defined by region 220 and the initial reference point, and the UI is displayed based on the new reference point 212 location); and obtaining a display position as a relative position based on the position of the reference point, and displaying the virtual image at the display position (Fig. 2A-D and 6B; Par. 0040-0043 and 0068-0069 if the user moves outside defined region 220, i.e. greater than a threshold distance from reference point 212 which defines region 220, the reference point is moved toward the user location such that the reference point is moved so that the user is maximum distance from the reference point and associated UI 210, which is less than the threshold distance defined by region 220 and the initial reference point, and the UI is displayed based on the new reference point 212 location), wherein, in displaying the virtual image, a display orientation of the virtual image is controlled to be identical to a direction from the display position to the user position of the user (Fig. 2A-D and 6B; Par. 0040-0043 and 0068-0069 if the user moves outside defined region 220, i.e. greater than a threshold distance from reference point 212 which defines region 220, the reference point is moved toward the user location such that the reference point is moved so that the user is maximum distance from the reference point and associated UI 210, which is less than the threshold distance defined by region 220 and the initial reference point, and the UI is displayed based on the new reference point 212 location).
In regards to claim 7, McBeth discloses a computing device for displaying a virtual image to a user (Par. 0007 “a VR or AR device generating a UI in a VR or AR environment”), comprising: a positioning module configured to obtain a position of the user (Par. 0067 “the VR or AR device monitors the position of the user with respect to the UI 210 or 410”); a display (Fig. 7, 714 display panel); and a processor (Fig. 7, 718 controller and 720 processing units) configured to obtain an initial position of the user from said positioning module (Par. 0067 “the VR or AR device monitors the position of the user with respect to the UI 210 or 410”; Par. 0039 “an initial position of a UI 210 with respect to an initial position 202 of a user in a VR or AR environment 200 in accordance with the present disclosure”), define a reference point (Fig. 2, 212 reference point) based on the initial position of the user (Par. 0039 “defined region 220 that is defined with respect to reference point 212 and represents a maximum distance permitted between the user's position and curved UI”), obtain a user position of the user from said positioning module (Fig. 6B, 658; Par. 0067 “the VR or AR device monitors the position of the user with respect to the UI 210 or 410”), determine whether a distance between a position of the reference point and the user position is greater than a threshold (Fig. 2A-D and 6B; Par. 0040-0043 and 0068-0069 if the user moves outside defined region 220, i.e. greater than a threshold distance from reference point 212 which defines region 220, the reference point is moved toward the user location such that the reference point is moved so that the user is maximum distance from the reference point and associated UI 210, which is less than the threshold distance defined by region 220 and the initial reference point, and the UI is displayed based on the new reference point 212 location), in response to determining that the distance is greater than the threshold, move the position of the reference point to a reference position that is at most the threshold away from the user position (Fig. 2A-D and 6B; Par. 0040-0043 and 0068-0069 if the user moves outside defined region 220, i.e. greater than a threshold distance from reference point 212 which defines region 220, the reference point is moved toward the user location such that the reference point is moved so that the user is maximum distance from the reference point and associated UI 210, which is less than the threshold distance defined by region 220 and the initial reference point, and the UI is displayed based on the new reference point 212 location); and obtain a display position as a relative position based on the position of the reference point, and control said display to display the virtual image at the display position (Fig. 2A-D and 6B; Par. 0040-0043 and 0068-0069 if the user moves outside defined region 220, i.e. greater than a threshold distance from reference point 212 which defines region 220, the reference point is moved toward the user location such that the reference point is moved so that the user is maximum distance from the reference point and associated UI 210, which is less than the threshold distance defined by region 220 and the initial reference point, and the UI is displayed based on the new reference point 212 location), wherein a display orientation of the virtual image is controlled by said processor to be identical to a direction from the display position to the user position of the user (Fig. 2A-D and 6B; Par. 0040-0043 and 0068-0069 if the user moves outside defined region 220, i.e. greater than a threshold distance from reference point 212 which defines region 220, the reference point is moved toward the user location such that the reference point is moved so that the user is maximum distance from the reference point and associated UI 210, which is less than the threshold distance defined by region 220 and the initial reference point, and the UI is displayed based on the new reference point 212 location)
In regards to claim 3, McBeth discloses after determining whether the distance is greater than the threshold, in response to determining that the distance is not greater than the threshold, maintaining the position of the reference point (Fig. 6B, 660; Par. 0068 “If, at 660, the reference point 212 or 414 is closer to the UI 210 or 410 than the user position, then, at 662, the VR or AR device determines whether the user position is outside the first region 220. If not, then control returns to 658 to monitor the user position.”).
In regards to claim 9, McBeth discloses said processor is further configured to, in response to determining that the distance is not greater than the threshold, maintain the position of the reference point (Fig. 6B, 660; Par. 0068 “If, at 660, the reference point 212 or 414 is closer to the UI 210 or 410 than the user position, then, at 662, the VR or AR device determines whether the user position is outside the first region 220. If not, then control returns to 658 to monitor the user position.”).
In regards to claim 4, McBeth discloses the reference position is on a straight line defined by the position of the reference point before being moved and the user position (Fig. 2A-D and 6B; Par. 0040-0043 and 0068-0069 if the user moves outside defined region 220, i.e. greater than a threshold distance from reference point 212 which defines region 220, the reference point is moved toward the user location such that the reference point is moved so that the user is maximum distance from the reference point and associated UI 210, which is less than the threshold distance defined by region 220 and the initial reference point, and the UI is displayed based on the new reference point 212 location).
In regards to claim 10, McBeth discloses the reference position is on a straight line defined by the position of the reference point before being moved and the user position (Fig. 2A-D and 6B; Par. 0040-0043 and 0068-0069 if the user moves outside defined region 220, i.e. greater than a threshold distance from reference point 212 which defines region 220, the reference point is moved toward the user location such that the reference point is moved so that the user is maximum distance from the reference point and associated UI 210, which is less than the threshold distance defined by region 220 and the initial reference point, and the UI is displayed based on the new reference point 212 location).
In regards to claim 5, McBeth discloses the virtual image is a graphical user interface (Fig. 2A-D, 210 UI).
In regards to claim 11, McBeth discloses the virtual image is a graphical user interface (Fig. 2A-D, 210 UI).
In regards to claim 6, McBeth discloses the virtual image is displayed using a mobile augmented reality technology (Par. 0075 “For example, the optical system 702 may utilize various technologies such as, for example, augmented reality (“AR”) technologies to generate composite views that include CG images superimposed over a real-world view”).
In regards to claim 12, McBeth discloses the virtual image is displayed using a mobile augmented reality technology (Par. 0075 “For example, the optical system 702 may utilize various technologies such as, for example, augmented reality (“AR”) technologies to generate composite views that include CG images superimposed over a real-world view”).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CORY A ALMEIDA whose telephone number is (571)270-3143. The examiner can normally be reached M-Th 9AM-730PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin (Kumar) Patel can be reached at (571) 272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CORY A ALMEIDA/Primary Examiner, Art Unit 2628 4/23/26
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