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 .
This Office Action is in response to the Applicants’ communication filed on July 15, 2024. In virtue of this communication, claims 1-20 are currently presented in the instant application.
Drawings
The drawings submitted on July 15, 2024. These drawings are reviewed and accepted by the examiner.
Information Disclosure Statement
The information Disclosure Statement (IDS) Forms PTO-1449, filed on 10/01/2024, 02/20/2025, 04/29/2025, 06/10/2025, 10/10/2025 and 02/13/2026 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosed therein was considered by the examiner.
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 1-12, 15, 17 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-11, 13-14 and 21 of U.S. Patent No. 12079938.
The following table illustrates example of claim 1 of the present Application compared against claim 1 of U.S Patent Number 12079938.
Present Application
Patent Application 12079938
Claim 1.
A system comprising:
Claim 1.
A system comprising:
a wearable head device comprising a display; and
a wearable head device comprising a display and one or more sensors; and
one or more processors configured to perform a method comprising:
one or more processors configured to perform a method comprising:
receiving first persistent coordinate data;
receiving first persistent coordinate data, wherein the first persistent coordinate data comprises a transformation matrix relating a virtual coordinate space of a physical environment to a real coordinate space of the physical environment;
receiving relational data, wherein the relational data relates a position to the first persistent coordinate data;
receiving relational data, wherein the relational data relates a position to the first persistent coordinate data;
determining, based on input received via the one or more sensors, first location data identifying a first environment of the wearable head device;
determining whether the first persistent coordinate data corresponds to the first environment of the wearable head device;
determining whether the first persistent coordinate data corresponds to the first environment of the wearable head device;
in accordance with a determination that the first persistent coordinate data corresponds to the first environment of the wearable head device, displaying digital content via the display of the wearable head device based on the first persistent coordinate data and based further on the relational data, wherein the digital content is associated with the position;
in accordance with a determination that the first persistent coordinate data corresponds to the first environment of the wearable head device, displaying a virtual object at the position via the display of the wearable head device based on the first persistent coordinate data and based further on the relational data; and
in accordance with a determination that the first persistent coordinate data does not correspond to the first environment of the wearable head device, forgoing displaying the digital content via the display of the wearable head device, wherein the first persistent coordinate data is determined based on a combination of two or more sets of second persistent coordinate data.
in accordance with a determination that the first persistent coordinate data does not correspond to the first environment of the wearable head device, forgoing displaying the virtual object via the display of the wearable head device, wherein the first persistent coordinate data is determined based on a combination of two or more sets of second persistent coordinate data.
Although the claim at issue are not identical, they are not patentably distinct from each other because:
Comparison of table above, the claims 1, 15 and 20 of the Present Application is similar with claims 1, 14 and 21 of the U.S Patent, respectively and thus encompasses the subject matter of claim 1.
A summary of all conflicting claims, including dependent claims, is as follows:
Present Application
1, 15 and 20
2
3
4
5
6
7
8, 17
9
10
11
12
Patent Application 12079938
1, 14 and 21
2
3
4
5
6
7
8
9
10
11
13
Allowable Subject Matter
Claims 13-14, 16, and 18-19 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.
Claims 1-20 are distinct from the cited prior arts. However, they are not allowable due to the Double Patent rejections.
Regarding claim 1, the closet prior arts that the Examiner found are PAULOVICH et al. (US 20180321894 A1), Loberg et al. (US 20180197340 A1) and Shreve et al. (US 20200160601 A1) have been make of record as teaching:
a system (PAULOVICH, see FIG. 1. Computer device 10) comprising:
a wearable head device comprising a display (PAULOVICH, see at least par. [0022])
one or more processors configured to perform a method (PAULOVICH, see FIG. 1 and par. [0017]) comprising:
receiving first persistent coordinate data (PAULOVICH, see at least first half of the par. [0044]),
receiving relational data, wherein the relational data relates a position to the first persistent coordinate data (PAULOVICH, see second half of the par. [0044]
determining whether the first persistent coordinate data corresponds to the first environment of the wearable head device (Loberg, see at least par. [0041]
However, the limitation
“in accordance with a determination that the first persistent coordinate data corresponds to the first environment of the wearable head device, displaying digital content via the display of the wearable head device based on the first persistent coordinate data and based further on the relational data, wherein the digital content is associated with the position; and in accordance with a determination that the first persistent coordinate data does not correspond to the first environment of the wearable head device, forgoing displaying the digital content via the display of the wearable head device, wherein the first persistent coordinate data is determined based on a combination of two or more sets of second persistent coordinate data.”, taken as a whole, render the claims patentably distinct over the prior art.
Claims 15 and 20 each distinguish over the prior art for the reasons set forth
above with respect to claim 1.
Claims 2-10, 12-19 each distinguish over the prior art at least due to their
dependencies.
Claims 1-20 are distinguishing over the cited prior arts, and would potentially be allowable if the non-statutory Double Patenting Rejection is resolved.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance".
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIM THANH THI TRAN whose telephone number is (571)270-1408. The examiner can normally be reached Monday-Friday 8:00am-5:00pm.
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/KIM THANH T TRAN/Examiner, Art Unit 2616
/JAMES A THOMPSON/Primary Examiner, Art Unit 2616