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 is in response to application filed on August 08/2024 in which claim 1-20 are presented for examination.
Status of Claims
2. Claims 1-20 are pending, of which claim 1, 08 and 15 are in independent form.
Double Patenting
3. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 rejected on the ground of nonstatutory double patenting over claims 1-17 of US Patent 12,086,324. This is a double patenting rejection because the patentably indistinct claims have not in fact been patented.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as claims 1-20 of the current application are broadened versions of claims 1-17 of US Patent 12,086,324.
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.
5. Claims 1-2, 7-9, 14-15 and 20 are rejected under 35 U.S.C 103 as being unpatentable over Faulkner (US PG Pub 2021/0096726) published on April 01, 2021 in view of Weber et al. (US PG Pub 2015/0049017) published February 19, 2015.
As per claim 1, 8 and 15, Faulkner teaches A method of controlling virtual elements in response to hand gestures detected with an eyewear device, the eyewear device comprising a camera system(Para[0035] The micro-gestures are detected using cameras (e.g., cameras integrated with a head-mounted device or installed away from the user, as taught by Faulkner), an image processing system, and a display(Para[0035]discloses a display and processor, as taught by Faulkner), the method comprising:
presenting on the display a virtual element associated with a series of virtual elements(fig 7B Para[121] one or more of user interface objects 7172-7194 are application launch icons (e.g., for performing an operation to launch corresponding applications), as taught by Faulkner);
and presenting on the display the next virtual element in accordance with the series of hand shapes(fig 7G Para[0158] object 7308 being displayed based on user input, as taught by Faulkner).
detecting a series of hand shapes in the frames of video data with the image processing system(fig 7F-G
shows different hand shape in different frame, as taught by Faulkner);
wherein the predefined navigating hand gesture comprises at least one of rotating a hand in excess of a
predetermined angle of rotation relative to a wrist or swiping a thumb along an extended finger in excess
of a predetermined lateral distance(Para[0226][0228 fig 7F-G thumb of hand 7200 moves across the
index finger in the direction 7120. Also discloses detecting a change in a position of a thumb
(e.g., relative to another finger, such as movement across another finger), as taught by Faulkner),
and wherein the navigating action comprises presenting a next virtual element in the series of virtual
elements(Para[0144] scrolling the view of the container object 7206 to reveal one or more virtual
objects in the container object 7206 that were initially not visible to the user);
Faulkner does not explicitly teach capturing frames of video data with the camera system;
determining whether the series of hand shapes matches a predefined navigating hand gesture associated with a navigating action, wherein the predefined navigating hand gesture comprises at least one of rotating a hand in excess of a predetermined angle of rotation relative to a wrist or swiping a thumb along an extended finger in excess of a predetermined lateral distance,
On the other hand, Weber teaches capturing frames of video data with the camera system(Para[0015] discloses capturing one or more images (or video) of the feature during the performance of the gesture, as taught by Weber);
determining whether the series of hand shapes matches a predefined navigating hand gesture associated with a navigating action(fig 7 Para[0034] matching the set pints which includes position of the hand with the stored hand gesture, as taught by Weber),
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Faulkner invention with the teaching of Weber because doing so would result in increased efficiency and accuracy by using the position information for one or more features of the user's hand at one point in time and/or changes in the position information over a period of time, as represented in the captured image(s).
As per claim 2 and 9, the combination of Faulkner and weber teaches further comprising: assigning a display order to the series of virtual elements (Para[0118] e.g. 7170, as taught by Faulkner); and presenting on the display the next virtual element according to the display order(Para[0118] 7b object displays sequentially, as taught by Faulkner).
As per claim 7, 14 and 20, the combination of Faulkner and weber teaches further comprising: establishing a finger scale relative to the extended finger, the finger scale extending lengthwise from a palmar end through a midpoint to a tip end(fig 7A-G, as taught by Faulkner);
calibrating a graphical scale relative to the display with the finger scale, wherein the graphical scale is associated with the series of virtual elements(fig 7A-GPara[0107-0108], as taught by Faulkner); and determining whether the series of hand shapes matches a predefined navigating hand gesture(fig 7 Para[0034] matching the set pints which includes position of the hand with the stored hand gesture, as taught by Weber) based on the calibrated graphical scale relative to at least one of the predetermined angle of rotation or the predetermined lateral distance(fig 7A-GPara[0107-0108], as taught by Faulkner).
5. Claims 3-4, 10-11 and 16-17 are rejected under 35 U.S.C 103 as being unpatentable over Faulkner (US PG Pub 2021/0096726) published on April 01, 2021 in view of Weber et al. (US PG Pub 2015/0049017) published February 19, 2015 in further view of Park (US PG Pub 2007/0291018) published on December 20, 2007.
As per claim 3, 10 and 16, the combination of Faulkner and weber teaches further comprising: assigning a display order to the series of virtual elements(Para[0118] e.g. 7170, as taught by Faulkner);
the combination of Faulkner and weber does not explicitly teach identifying, with the image processing system, an initial rotational direction associated with the series of hand shapes; and presenting on the display the next virtual element according to the display order and the initial rotational direction.
On the other hand, Park teaches identifying, with the image processing system, an initial rotational direction associated with the series of hand shapes(fig 9-10 Para[0048-0049] discloses rotation direction of a hand, as taught b Park); and presenting on the display the next virtual element according to the display order and the initial rotational direction(fig 9-10 Para[0048-0049] discloses rotation direction of a hand and menu item being displayed according to the rotational direction of hand, as taught b Park).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Faulkner and Weber invention with the teaching of Park because doing so would result in increased efficiency by allowing the user easily manipulating the displayed menu by performing a function associated with a rotation direction of the input unit when the rotation signal is received.
As per claim 4, 11 and 17, the combination of Faulkner, weber and Park teaches further comprising: identifying, with the image processing system, a clockwise initial rotational direction relative to the wrist(fig 9, 12-13 shows clockwise rotation, as taught by Park); presenting on the display a subsequent virtual element in response to the clockwise initial rotational direction and according to the display order(fig 9, 12-13 Para[0046-0051], as taught by Park);
identifying, with the image processing system, a counterclockwise initial rotational direction relative to the wrist(fig 9, 12-13 shows counter clockwise rotation, as taught by Park); and presenting on the display a previous virtual element in response to the counterclockwise initial rotational direction and according to the display order(fig 9, 12-13 Para[0046-0051], as taught by Park).
5. Claims 5-6, 12-13 and 18-19 are rejected under 35 U.S.C 103 as being unpatentable over Faulkner (US PG Pub 2021/0096726) published on April 01, 2021 in view of Weber et al. (US PG Pub 2015/0049017) published February 19, 2015 in further view of Winkle (US PG Pub 2015/0324074) published on November 12, 2015.
As per claim 5, 12 and 18, the combination of Faulkner and weber teaches further comprising: assigning a display order to the series of virtual elements(Para[0118] e.g. 7170, as taught by Faulkner);
the combination of Faulkner and weber does not explicitly teach identifying, with the image processing system, a swipe direction associated with the series of hand shapes; and
presenting on the display the next virtual element according to the display order and the swipe direction.
On the other hand, Winkle teaches identifying, with the image processing system, a swipe direction associated with the series of hand shapes(fig 8-9 shows directional swipe gesture, as taught by Winkle); and
presenting on the display the next virtual element according to the display order and the swipe direction(fig 8-9 Para[0042-0043]shows directional swipe gesture and thumbnail image being displayed according to the gesture, as taught by Winkle).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Faulkner and Weber invention with the teaching of Winkle because doing so would result in increased visibility by allowing the user to rapidly view the graphical table of contents from any page in the book, and allows the user to rapidly navigate to any page in the book from any page.
As per claim 6, 13 and 19, the combination of Faulkner, weber and Winkle teaches wherein the predefined navigating hand gesture comprises swiping at least one of the thumb, the extended finger, or another finger in excess of the predetermined lateral distance(fig 7G, as taught by Faulkner), and wherein the method further comprises: identifying, with the image processing system, a swipe direction associated with the series of hand shapes(fig 7G shows direction of the movement of the finger, as taught by Faulkner); and presenting on the display the next virtual element according to the swipe direction(fig 8-9 Para[0042-0043]shows directional swipe gesture and thumbnail image being displayed according to the gesture, as taught by Winkle).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYEEZ R CHOWDHURY whose telephone number is (571)270-3069. The examiner can normally be reached Monday-Friday 9AM-6:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William L Bashore can be reached at 571-272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAYEEZ R CHOWDHURY/Primary Examiner, Art Unit 2174 Friday, May 29, 2026
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