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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 16, 2025 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 16 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 16, recites the limitation “the image display apparatus to be a optically non-see-through image display apparatus that permits a user to visually recognize real world objects located in a real space,” in lines 6-7 However, the specification teaches that “the planar image includes characteristics that enable the image display apparatus to be see-through that permits the user to visually recognize real world objects located in a real space within which the user is located in the planar image of the virtual world (see abstract). It is unclear to examiner how a non-see-through image display apparatus permits a user to visually recognize real world objects located in a real space. For the purpose of the rejection below, the examiner interprets the limitation “non-see-through” to be “see-through.”
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 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,075,157 in view of Aoyama et al (U.S. Patent Pub. No. 2015/0170422). Please see table below for details.
Current App. No. 18/780,682
U.S. Patent No. 12,075,157
Claim 1. (Currently Amended) An image display apparatus, the image display apparatus comprising: processor circuitry; and
one or more computer readable media having stored thereon instructions that, when executed, cause the processor circuitry to, at least:
1. An image display apparatus worn on a head of a user, the image display apparatus comprising:
produce a planar image having a perspective associated with an orientation of an image display apparatus, the planar image representing virtual objects in a virtual world, wherein the image display apparatus comprises at least one non-see-through portion; and
an image supplier, at least one of contained within or external to the image display apparatus, the image supplier configured to produce a planar image representing virtual objects in a virtual world, wherein the planar image includes characteristics that require the image display apparatus to be a non-see-through image display apparatus that does not allow the user to visually recognize real world objects outside the virtual world; and
display the planar image on the at least one non-see-through portion of the image display apparatus in a display mode that changes a shape of the planar image as a function of a change in the orientation of the image display apparatus, wherein the change in the shape of the planar image comprises presenting the planar image in an orientation other than a front direction of a user.
a display controller, at least one of contained within or external to the image display apparatus, the display controller configured to display the planar image on the image display apparatus in a display mode that changes a shape of the planar image as a function of a change in position and/or orientation of the image display apparatus, wherein the change in the shape of the planar image includes presenting the planar image in an orientation other than a front direction of the user.
Claim 2.
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Claim 6.
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Claim 7.
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Claim 8.
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Claim 9.
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Claim 10.
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Claim 11.
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Claim 12.
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Claim 14.
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Claim 15.
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Claim 16.
Claim 1.
Claim 17.
Claim 8.
Claim 18.
Claim 15.
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.
Claim(s) 1-2, 4-6, 8-9, 11-13 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoyama et al (U.S. Patent Pub. No. 2015/0170422; already of record in IDS) in view of Ko et al (U.S. Patent Pub. No. 2016/0028960).
Regarding claim 1, Aoyama discloses an image display apparatus (HMD 10), (fig. 1a, [0034]), the image display apparatus comprising:
processor circuitry (11); and
one or more computer readable media (15) having stored thereon instructions that, when executed, configure the processor circuitry (11), (fig. 2a, [0038-0039]), to:
produce a planar image (map information 82) having a perspective associated with an orientation of an image display apparatus (i.e. orientation of fig. 3a), the planar image representing virtual objects (82) in a virtual world (i.e. virtual screen 80), (fig. 3a, [0034 and 0055]); and
display the planar image (82) on the image display apparatus (10) in a display mode that changes a shape (i.e. map information 82 changes shape as shown in fig. 11c) of the planar image as a function of a change in the orientation of the image display apparatus (i.e. change in orientation as shown in fig. 10b), (figs. 9-10 and 11c, [0074-0077]).
However, Aoyama does not mention the image display apparatus comprises at least one non-see-through portion.
In a similar field of endeavor, Ko teaches the image display apparatus (100) comprises at least one non-see-through portion (i.e. display 120 is non-see-through); and
display the planar image (17) on the at least one non-see-through portion (120) of the image display apparatus (100) in a display mode that changes a shape of the planar image as a function of a change in the orientation of the image display apparatus (i.e. fig. 5b shows that when the image photographing apparatus 100 is at a degree of inclination, a technical method of reducing or expanding the screen frame 17 may be performed), wherein the change in the shape of the planar image (17) comprises presenting the planar image (17) in an orientation other than a front direction of a user (i.e. fig. 5b shows that the edge areas 17-1, 17-2, 17-3, 17-4 of a screen frame of the live view deviates from a display screen, the image processor 140 may reduce a size of a rotated subject image and a screen frame, hence the screen frame 17 is at an orientation that is not in front direction of the user but at a degree of inclination), (fig. 5b, [0062-0064]).
Therefore, it would have been obvious to one of ordinary skills in the art at the effective filing date of the claimed invention to modify Aoyama, by specifically providing the concept of having the screen frame not displayed entirely on the display and some parts are cut out, as taught by Ko, for the purpose of easily photographs a subject horizontally or vertically, [0017].
Regarding claim 2, Aoyama discloses wherein the shape of the planar image (i.e. rotation of the virtual screen 80 and changes shape of the map information 82 as shown in fig. 11c) changes through projective transformation (i.e. display/projection unit 17 is to display the drawing object on the drawing position of the virtual screen), (fig. 10a-10b and 11c, [0074 and 0077]).
Regarding claim 4, Aoyama discloses wherein the planar image (82) comprises a system menu (i.e. map information 82), (fig. 9a, [0074]).
Regarding claim 5, Aoyama discloses wherein the instructions that, when executed, further cause the processor circuitry (11) to: display a marker image indicating a change posture of the user (i.e. arrow indicating that the map information 82 is moving from lower left position to the upper left position of the virtual screen 80), (figs. 10-10b, [0074]).
Regarding claim 6, Aoyama discloses wherein the marker image indicates a direction (i.e. arrow as shown in fig. 10b, [0074]).
Regarding claim 8, please refer to claim 1 for details.
Regarding claim 9, please refer to claim 2 for details.
Regarding claim 11, please refer to claim 4 for details.
Regarding claim 12, please refer to claim 5 for details.
Regarding claim 13, please refer to claim 6 for details.
Regarding claim 15, Aoyama discloses a non-transitory, computer readable storage medium containing a computer program, which when executed by a computer [0012], causes the computer to carry out actions for controlling an image display apparatus (10), (fig. 1a, [0034]), the actions comprising:
producing a planar image (map information 82) representing virtual objects (82) in a virtual world (virtual screen 80), wherein the planar image comprises characteristics that enable the image display apparatus (10) to simulate a see-through image display apparatus (i.e. HMD 10 is see through) that permits a user to visually recognize real world objects located in a real space (i.e. fig. 3a shows the user visually recognizing real world objects such as buildings in a real space), (fig. 3a, [0034 and 0055]); and
displaying the planar image (82) on the image display apparatus (10) in a display mode that changes a shape of the planar image (i.e. map information 82 changes shape as shown in fig. 11c) as a function of a change in an orientation of the image display apparatus, (i.e. change in orientation as shown in fig. 10b), (figs. 9-10 and 11c, [0074-0077]).
However, Aoyama does not mention the image display apparatus comprises at least one non-see-through portion.
In a similar field of endeavor, Ko teaches the image display apparatus (100) comprises at least one non-see-through portion (i.e. display 120 is non-see-through); and
displaying the planar image (17) on at least one non-see-through portion (120) of the image display apparatus (100) in a display mode that changes a shape of the planar image as a function of a change in an orientation of the image display apparatus (i.e. fig. 5b shows that when the image photographing apparatus 100 is at a degree of inclination, a technical method of reducing or expanding the screen frame 17 may be performed), wherein the change in the shape of the planar image (17) comprises presenting the planar image in an orientation other than a front direction of the user (i.e. fig. 5b shows that the edge areas 17-1, 17-2, 17-3, 17-4 of a screen frame of the live view deviates from a display screen, the image processor 140 may reduce a size of a rotated subject image and a screen frame, hence the screen frame 17 is at an orientation that is not in front direction of the user but at a degree of inclination), (fig. 5b, [0062-0064]).
Therefore, it would have been obvious to one of ordinary skills in the art at the effective filing date of the claimed invention to modify Aoyama, by specifically providing the concept of having the screen frame not displayed entirely on the display and some parts are cut out, as taught by Ko, for the purpose of easily photographs a subject horizontally or vertically, [0017].
Regarding claim 16, please refer to claim 15 for details.
Regarding claim 17, please refer to claim 1 for details.
Regarding claim 18, please refer to claim 1 for details.
Claim(s) 3, 7, 10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoyama in view of Ko and in view of Nishizawa (U.S. Patent Pub. No. 2016/0109703; already of record in IDS).
Regarding claim 3, Aoyama in view of Ko discloses everything as specified above in claim 1. However, Aoyama in view of Ko does not mention a touch panel.
In a similar field of endeavor, Nishizawa teaches further comprising a touch panel (14) that issues instructions to change a display size of the planar video (display image), (fig. 1, [0032-0034 and 0041-0042]).
Therefore, it would have been obvious to one of ordinary skills in the art at the effective filing date of the claimed invention to modify Aoyama in view of Ko, by specifically providing the touch panel, as taught by Nishizawa, for the purpose of having improving user convenience [0009].
Regarding claim 7, Aoyama in view of Ko discloses everything as specified above in claim 1. However, Aoyama in view of Ko does not mention display the planar image on the image display apparatus in another display mode in which the planar image is displayed in a front direction of the user irrespective of the change in position and/or orientation of the video display apparatus.
In a similar field of endeavor, Nishizawa teaches wherein the instructions that, when executed, further cause the processor circuitry (140), (fig. 2, [0046]), to:
display the planar image (image data) on the image display apparatus (20) in another display mode (i.e. normal display, step S32) in which the planar image is displayed in a front direction of the user irrespective of the change in position or orientation of the image display apparatus (i.e. in the normal display mode S32, the image being displayed is irrespective of the change in the user’s head orientation), (figs. 2 and 5, [0064 and 0072]); and
switch between the display mode (i.e. steps S16-S30) and the other display mode (steps S32) based on a given condition (i.e. condition of step S14), (fig. 5, [0064]).
Therefore, it would have been obvious to one of ordinary skills in the art at the effective filing date of the claimed invention to modify Aoyama in view of Ko, by specifically providing the different display modes, as taught by Nishizawa, for the purpose of having improving user convenience [0009].
Regarding claim 10, please refer to claim 3 for details.
Regarding claim 14, please refer to claim 7 for details.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 8 and 15-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In view of amendment, the reference of Ko has been added for new grounds of rejection.
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LONG D PHAM whose telephone number is (571)270-5573. The examiner can normally be reached Monday - Friday: 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh D Nguyen can be reached at 571-272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LONG D PHAM/Primary Examiner, Art Unit 2623