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 .
Status of the Claims
Claims 1-20 are currently pending in the present application, with claims 1, 10, and 17 are independent.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12 July 2024, 09 December 2024, 16 March 2025, 21 April 2025, 11 July 2025, 07 November 2025 and 09 January 2026 have been considered by the examiner.
Claim Interpretation
The following interpretations are being applied to the claims:
"Virtual reality" or "VR," is being interpreted as an immersive experience where a user’s visual input is controlled by a computing system.
Paragraph 23 sets forth "Virtual reality" or "VR," as used herein, refers to an immersive experience where a user's visual input is controlled by a computing system.
Augmented reality" or "AR" is being interpreted as systems where a user views “augmented” images of the real world after they have passed through a computing system.
Paragraph 23 sets forth "Augmented reality" or "AR" refers to systems where a user views images of the real world after they have passed through a computing system. For example, a tablet with a camera on the back can capture images of the real world and then display the images on the screen on the opposite side of the tablet from the camera. The tablet can process and adjust or "augment" the images as they pass through the system, such as by adding virtual objects.
"Mixed reality" or "MR" is being interpreted as systems where light entering a user's eye is partially generated by a computing system and partially composes light reflected off objects in the real world and the user is presented with virtual objects intermixed with the real objects in the scene.
Paragraph 23 sets forth "Mixed reality" or "MR" refers to systems where light entering a user's eye is partially generated by a computing system and partially composes light reflected off objects in the real world. For example, a MR headset could be shaped as a pair of glasses with a pass-through display, which allows light from the real world to pass through a waveguide that simultaneously emits light from a projector in the MR headset, allowing the MR headset to present virtual objects intermixed with the real objects the user can see.
"Artificial reality," "extra reality," or "XR," is being interpreted as referring to any of VR, AR, MR, or a combination thereof.
Paragraph 22 sets forth Artificial reality or extra reality (XR) is a form of reality that has been adjusted in some manner before presentation to a user, which may include, e.g., virtual reality (VR), augmented reality (AR), mixed reality (MR), hybrid reality, or some combination and/or derivatives thereof.
Paragraph 23 sets forth "Artificial reality," "extra reality," or "XR," as used herein, refers to any of VR, AR, MR, or any combination or hybrid thereof.
A height map is being interpreted as having negative and positive values with respect to a reference plane.
Paragraph 20 sets forth Using one or more machine learning models, for example, the automatic boundary system can detect the floor plane and generate a height map corresponding to the real-world environment with the floor plane at zero. The height map can include positive heights (e.g., objects on the floor) and negative heights (e.g., objects below the floor, such as downward leading stairs).
The term boundary and guardian are used interchangeably in the disclosure.
Paragraph 19 sets forth Aspects of the present disclosure are directed to providing an automatic boundary (used interchangeably herein with the term "guardian") for an artificial reality (XR) environment. As used herein, a "guardian" can be a defined XR usage space in a real-world environment.
Paragraph 56 sets forth As noted above, the term "boundary" is used interchangeably herein with "guardian," as further defined herein.
The term XR space model is used interchangeably with room box in the disclosure.
Paragraph 59 sets forth An XR space model (referred to interchangeably herein as a "room box") can indicate where the walls, floor, and/or ceiling exist the real-world space.
Being above a threshold is being interpreted as a value for an item under comparison is above a specified other value, that an item under comparison is among a certain specified number of items with the largest value, or that an item under comparison has a value within a specified top percentage value.
Paragraph 79 sets forth As used herein, being above a threshold means that a value for an item under comparison is above a specified other value, that an item under comparison is among a certain specified number of items with the largest value, or that an item under comparison has a value within a specified top percentage value.
Being below a threshold is being interpreted as a value for an item under comparison is below a specified other value, that an item under consideration is among a certain specified number of items with the smallest value, or that an item under comparison has a value within a specified bottom percentage value.
Paragraph 79 sets As used herein, being below a threshold means that a value for an item under comparison is below a specified other value, that an item under comparison is among a certain specified number of items with the smallest value, or that an item under comparison has a value within a specified bottom percentage value.
Being within a threshold value is being interpreted as a value for an item under comparison is between two specified other values, that an item under comparison is among a middle-specified number of items, or that an item under comparison has a value within a middle-specified percentage range.
Paragraph 79 sets As used herein, being within a threshold means that a value for an item under comparison is between two specified other values, that an item under comparison is among a middle-specified number of items, or that an item under comparison has a value within a middle-specified percentage range.
Collapsing, in the height map, one or more heights that are below a first threshold distance of the floor plane to the floor plane is being interpreted along the lines of paragraphs 63 and 64.
For instance, paragraph 63 sets forth “For example, process 500 can collapse detected heights below 3 centimeters to the floor plane in the height map, e.g., to disregard minor variations on the floor caused by carpeting, rugs, and other low objects that would not occlude movement of the user”.
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(s) 1-20 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to claim 1, given the plain and ordinary meaning of the words themselves or when interpreted in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to:
how the consecutive floor area is determined by determining an enclosed area of the floor plane in which a threshold amount of the multiple heights in the enclosed area, are at a height of the floor plane. What is the relationship between the consecutive floor area and the determined enclosed area? Is the consecutive floor area the determined enclosed area? It is also unclear, as claimed, if the determination of the enclosed area is finding an area where the heights are at the floor plane height or if it is forming the enclosed area by looking for the region free of obstructions and then if the threshold amount of heights are at the floor plane and then essentially forms a boundary enclosing or “flood filling” that region? Stated differently, as claimed, it would appear the floor area comprises only heights at the floor plane height, which is supported by at least paragraph 52 of applicant’s disclosure. However, then it becomes unclear as to how the subsequent limitation of carving out portions of the scaled consecutive floor area is performed, sine that requires there be heights above a threshold.
if “a threshold” discussed with respect to carving out is the same or different than “a threshold” discussed identifying areas of the consecutive floor having a dimension below a threshold.
If the one or more areas of the consecutive floor area having a dimension below a threshold is related to the exterior of the area of if it is related to anywhere within the area and if so, then how does this limitation mesh with the carving out limitation below. The disclosure appears to discuss the exclusion with respect to edges/boundary of the area, as opposed to an area entirely within the enclosed area.
How the boundary is determined as the carved consecutive floor area, since a boundary would arguably be an outline/edge of a region, whereas the area encompasses everything within the area. Is applicant attempting to claim the boundary is determined as the edge of the carved consecutive floor area or is boundary in this sense the usage space of the real-world environment? Paragraph 19 sets forth “Aspects of the present disclosure are directed to providing an automatic boundary (used interchangeably herein with the term "guardian") for an artificial reality (XR) environment. As used herein, a "guardian" can be a defined XR usage space in a real-world environment.” For the purposes of further examination, the examiner is interpreting boundary as a usage space in the real-world environment, which seems to align with paragraph 19 and the discussion around Fig. 7F.
The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
Claims depending thereon do not cure the totality of the noted deficiencies and are accordingly also rejected using substantially similar rationale as to that set forth for the claims from which they depend.
With respect to claim 8, given the plain and ordinary meaning of the words themselves or when interpreted in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to how the boundary is moved closer or away from the artificial reality system via manual adjustment to the boundary. If the boundary is the usable area, then how is it adjusted to be further or closer to the device itself. Is this claim merely stating that the boundary/usable area can be made larger/smaller? The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
With respect to claims 10 and 17, given the plain and ordinary meaning of the words themselves or when interpreted in light of the corresponding disclosure, the scope of the claimed limitations is unclear.
how the consecutive floor area is determined by determining an enclosed area of the floor plane in which a threshold amount of the multiple heights, in the enclosed area, are within a threshold height of the floor plane. What is the relationship between the consecutive floor area and the determined enclosed area? Is the consecutive floor area the determined enclosed area?
If the one or more areas of the consecutive floor area having a dimension below a threshold is related to the exterior of the area of if it is related to anywhere within the area and if so, then how are those areas excluded? The disclosure appears to discuss the exclusion with respect to edges/boundary of the area, as opposed to an area entirely within the enclosed area.
How the boundary is determined as the modified consecutive floor area, since a boundary would arguably be an outline/edge of a region, whereas the area encompasses everything within the area. Is applicant attempting to claim the boundary is determined as the edge of the modified consecutive floor area or is boundary in this sense the usage space of the real-world environment? Paragraph 19 sets forth “Aspects of the present disclosure are directed to providing an automatic boundary (used interchangeably herein with the term "guardian") for an artificial reality (XR) environment. As used herein, a "guardian" can be a defined XR usage space in a real-world environment.” For the purposes of further examination, the examiner is interpreting boundary as a usage space in the real-world environment, which seems to align with paragraph 19 and the discussion around Fig. 7F.
The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
Claims depending thereon do not cure the totality of the noted deficiencies and are accordingly also rejected using substantially similar rationale as to that set forth for the claims from which they depend.
With respect to claims 12 and 18, given the plain and ordinary meaning of the words themselves or when interpreted in light of the corresponding disclosure, the scope of the claimed limitations is unclear. For instance, it is not immediately clear as to if the threshold discussed is related to the threshold in the respective independent claim (i.e., both the depend claim and the independent claim recite “a threshold”). For the purposes of further examination, the examiner is interpreting them to be different thresholds. In addition, it is not immediately clear as to how portions of the floor area are carved out unless the threshold is less than the upper bound of the threshold applied to the independent claim. It appears from paragraph 76 and fig. 7E that carving out a portion carves it out of the enclosure, as opposed to placing a hole within the enclosed area. The examiner respectfully requests the applicant clarify the scope of the claimed limitation.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6 and 16 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6 recites “wherein the determining the consecutive floor area excludes areas that have one or more positive heights relative to the floor plane and excludes areas that have one or more negative heights relative to the floor plane”. Claim 1 recites “determining a consecutive floor area by determining an enclosed area of the floor plane in which a threshold amount of the multiple heights, in the enclosed area, are at a height of the floor plane”. That is claim 1 appears to already exclude areas that have one or more positive heights relative to the floor plane and one or more negative heights relative to the floor plane. Claim 16 recites “wherein the determining the consecutive floor area excludes areas that have one or more positive heights relative to the floor plane and excludes areas that have one or more negative heights relative to the floor plane”. Claim 10, from which claim 16 depends, recites “determining a consecutive floor area by determining an enclosed area of the floor plane in which a threshold amount of the multiple heights, in the enclosed area, are within a threshold height of the floor plane”. That is, claim 10 appears to already exclude areas that have one or more positive heights relative to the floor plane and one or more negative heights relative to the floor plan. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 10-16 are 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 claim 10 recites a computer-readable storage medium. The specification does not set forth a definition for computer-readable storage medium.
Since the specification does not explicitly exclude transitory propagating signals from being included in the computer-readable media, the broadest reasonable interpretation consistent with the specification and state-of-the-art, at the time of the invention the full scope of “computer-readable media” would cover both non-transitory tangible media (e.g., RAM, ROM, hard drive) and transitory propagating signals (e.g., carrier waves, signals) per se. Transitory propagating signals do not fall within the definition of a process, machine, manufacture or composition of matter and therefore must be rejected under 35 U.S.C. 101 as covering non-statutory subject matter (See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2.). The examiner suggests amending the claim to exclude transitory propagating signals, by adding a modifier, such as non-transitory to the claimed medium.
Allowable Subject Matter
Since no prior art is being applied to the claims, based on the current scope of the claims, claims 1, 10, and 17 and claims depending thereon would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG Publication 2017/0205892 to Petrovskaya et al. teaches determining active regions for HMDs. Petrovskaya further teaches that at the beginning of a user session, the system may ask/guide the user to look around so as to generate a terrain map, see for instance, paragraph 43. The system determines the floor in the user’s current field of view, see for instance, paragraph 166 and fig. 26. Obstacles can be excluded from the initial active region- such as a low hanging chandelier or a table, see for instance, paragraphs 152 and 153.
US PG Publication 2020/0294311 to Holz teaches he VR roam tracking device can detect 825 areas of the physical environment that are either navigable areas or physical obstructions that may interfere with the user's path of travel. a flat planar ground can be assumed, and a VR roam tracking device (e.g., VR roam tracking device 710 of FIG. 7) can determine that a visible portion of the ground is a navigable area (i.e., a physical area on which a user can physically roam) based on one or more pieces of environmental sensor data received from a set of environmental sensors, such as environmental sensor(s) 620b of FIGS. 6-7. Also described in accordance with some embodiments, the VR roam tracking device can classify as a physical obstacle any detected physical object having a height above or below the detected floor (or determined navigable area) or a defined threshold height. The VR roam tracking device can store a dynamic two-dimensional (2D) map of the world representing both the determined navigable area and the physical obstacle(s). In some aspects, the VR roam tracking device can determine that any other location (e.g., not classified as a navigable area of physical object) is unknown, see for instance, paragraph 66
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J COBB whose telephone number is (571)270-3875. The examiner can normally be reached Monday - Friday, 11am - 7pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Harrington can be reached at 571-272-2330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J COBB/Primary Examiner, Art Unit 2615