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 .
Allowable Subject Matter
1.The following is a statement of reasons for the indication of allowable subject matter: Claims 1-20 would be allowable if it overcome the double patenting rejection.
Double Patenting
2. 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).
3. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent application No. (18/452,411). Although the conflicting claims are not identical, they are not patentably distinct from each other because they both claims similar methods and comprise almost identical steps (See claim below for comparison).
Application No. 18/805,856
1. A system comprising: a wearable head device having a speaker and one or more sensors; and one or more processors configured to perform a method comprising: determining, based on the one or more sensors, a first orientation of a user's head at a first time; determining, based on the one or more sensors, a second orientation of the user's head at a second time later than the first time; determining a velocity in a virtual environment; and determining, based on a difference between the first orientation and the second orientation, further based on an origin relative to the user's head, and further based on the velocity, an audio signal, wherein: the system is configured to present the audio signal to the user via the speaker; said presenting the audio signal to the user comprises presenting the audio signal as if originating from the origin; and said presenting the audio signal to the user further comprises presenting the audio signal as if the origin is in motion with the determined velocity.
US patent application No. 18/452,411
1. A system comprising: a wearable head device having a speaker and one or more sensors; and one or more processors configured to perform a method comprising: determining, based on the one or more sensors, a first orientation of a user's head at a first time; determining, based on the one or more sensors, a second orientation of the user's head at a second time later than the first time; determining, based on a difference between the first orientation and the second orientation, an audio signal; and presenting the audio signal to the user via the speaker, wherein: said determining the audio signal comprises determining an origin of the audio signal relative to the user's head; said presenting the audio signal to the user comprises presenting the audio signal as if originating from the determined origin; said determining the origin of the audio signal relative to the user's head comprises applying an offset to a position of the user's head; said determining the audio signal further comprises determining a velocity in a virtual environment; and said presenting the audio signal to the user further comprises presenting the audio signal as if the origin is in motion with the determined velocity.
Application No. 18/805,856
10. A method comprising: determining, based on one or more sensors of a wearable head device, a first orientation of a user's head at a first time; determining, based on the one or more sensors, a second orientation of the user's head at a second time later than the first time; determining a velocity in a virtual environment; and determining, based on a difference between the first orientation and the second orientation, further based on an origin relative to the user's head, and further based on the velocity, an audio signal, wherein: the audio signal is presented to the user via a speaker of the wearable head device; said presenting the audio signal to the user comprises presenting the audio signal as if originating from the origin; and said presenting the audio signal to the user further comprises presenting the audio signal as if the origin is in motion with the determined velocity.
US patent application No. 18/452,411
8. a method of presenting audio to a user of a wearable head device, the method comprising: determining, based on one or more sensors of the wearable head device, a first orientation of the user's head at a first time; determining, based on the one or more sensors, a second orientation of the user's head at a second time later than the first time; determining, based on a difference between the first orientation and the second orientation, an audio signal; and presenting the audio signal to the user via a speaker of the wearable head device, wherein: said determining the audio signal comprises determining an origin of the audio signal relative to the user's head; said presenting the audio signal to the user comprises presenting the audio signal as if originating from the determined origin; said determining the origin of the audio signal relative to the user's head comprises applying an offset to a position of the user's head; said determining the audio signal further comprises determining a velocity in a virtual environment; and said presenting the audio signal to the user further comprises presenting the audio signal as if the origin is in motion with the determined velocity.
Application No. 18/805,856
3. The system of claim 2, wherein said determining the origin further comprises: in accordance with a determination that the rate of change exceeds a threshold, determining that the origin comprises a first origin; and in accordance with a determination that the rate of change does not exceed the threshold, determining that the origin comprises a second origin different from the first origin.
US patent application No. 18/452,411
3. the system of claim 2, wherein said determining the origin of the audio signal further comprises: in accordance with a determination that the rate of change exceeds a threshold, determining that the origin comprises a first origin; and in accordance with a determination that the rate of change docs not exceed the threshold, determining that the origin comprises a second origin different from the first origin.
The subject matter claimed in the instant application is fully disclosed in the US patent application 18/452,411 since the co-pending patent application and the current application are claiming common subject matter, as follows:
The claimed invention in the instant application is fully disclosed in the co-pending patent application and it is broader than the claimed invention in the patent application (18/452,411). No new invention or new improvement is being claimed in the instant application. Applicant is now attempting to claim broadly that which had been previously described in more detail in the claims of the patent (In re Van Ornum, 214 USPQ 761 CCPA 1982).
Furthermore, there is no apparent reason why Applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the co-pending application which matured into a patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F.
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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691