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 .
Response after Pre-Appeal Conference
Prosecution reopened after pre-appeal conference. Final Rejection, dated 9/4/2025, has been withdrawn. Claims 1-23 and 25-26 are currently pending (see Applicant’s amendment filed on August 4, 2025). Applicant’s arguments are addressed herein below.
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 1-23 and 25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 and 25 of U.S. Patent No. 12,118,200. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
U.S. Patent No. 12,118,200
1. A method comprising: at an electronic device having a processor:
receiving data corresponding to user activity in a 3D coordinate system corresponding to a 3D environment in which graphical elements are positioned;
generating sample locations in the 3D coordinate system based on the data corresponding to the user activity;
identifying a subset of the graphical elements for evaluation, the subset identified based on the sample locations;
associating a graphical element of the identified subset with the user activity based on the evaluation of subset; and
interpreting the user activity based on associating the graphical element with the user activity.
2. The method of claim 1, wherein associating the graphical element with the user activity comprises: for each of the identified graphical elements, determining a point on the respective graphical element based on the user activity; and prioritizing the identified graphical elements based on the point computed for each graphical element.
3. The method of claim 2, wherein determining the point on each of the graphical elements comprises: determining a closest opaque point to a sample location associated with the user activity; and determining a distance of the closest opaque point of each of the graphical elements to the sample location associated with the user activity.
4. The method of claim 2, wherein associating the graphical element with the user activity is based on determining that a closest opaque point within the graphical element is within an angular distance threshold of a sample location associated with the user activity.
5. The method of claim 2, wherein the graphical element to associate with the user activity is selected based on: determining that closest opaque points within multiple graphical elements are within an angular distance threshold of a sample location associated with the user activity; and selecting the graphical element from the multiple graphical elements based on a policy that ranks graphical elements based on element type, layers, geometry, or hysteresis logic.
6. The method of claim 1, wherein the identified graphical elements comprise: 3D virtual objects; and 2D elements defined by one or more applications.
7. The method of claim 1, wherein identifying the subset of graphical elements comprises: receiving data corresponding to positioning of graphical elements within the 3D coordinate system, the data corresponding to the positioning of the graphical elements based at least in part on data provided by an application; and identifying the subset of graphical elements by identifying intersections of the plurality of gaze sample locations with the graphical elements positioned within the 3D coordinate system.
8. The method of claim 7, wherein the graphical elements occupy a two-dimensional (2D) region and the method further comprises, based on associating the graphical elements with the user activity, identifying a point within the 2D region to the application such that the application can recognize an action to associate with the graphical element using a 2D app action recognition process.
9. The method of claim 7, wherein the data provided by the application comprises a layered tree structure defining the positional and containment relationships of the graphical elements relative to one another on a two-dimensional (2D) coordinate system.
10. The method of claim 7, wherein the data provided by the application identifies external effects for some of the graphical elements, wherein an external effect specifies that an operating system (OS) process is to provide responses to a specified user activity relative to a specified graphical element outside of an application process.
11. The method of claim 1, wherein the data corresponding to the user activity is a gaze direction within the 3D coordinate system, the gaze direction determined based on sensor data.
12. The method of claim 1, wherein the data corresponding to the user activity is a synthesized direction within the 3D coordinate system, the direction determined based on: determining a hand position of a hand in the 3D coordinate system based on sensor data; determining an intersection position of the hand with at least one graphical element based on the hand position; and determining the direction based on the intersection and a viewpoint position.
13. The method of claim 1, wherein the sample locations are generated by generating a pattern of rays around a gaze direction or a synthesized direction corresponding to user activity.
14. The method of claim 13, wherein the pattern of rays has between 2 and 100 rays.
15. The method of claim 13, wherein the pattern of rays has between 5 and 35 rays.
16. The method of claim 13, wherein the pattern of rays comprises an outer set of rays forming a shape.
17. The method of claim 16, wherein the shape is rotated relative to a horizon or a horizontal.
18. The method of claim 1, wherein the electronic device provides views of a 3D environment including the graphical elements, wherein at least some of the graphical elements are 2D user interface elements provided by one or more applications, wherein the input support process recognizes the user activity in the 3D coordinate system and provides data to the one or more applications to recognize 2D user interface input.
19. A system comprising: memory; and one or more processors coupled to the memory, wherein the memory comprises program instructions that, when executed by the one or more processors, cause the system to perform operations comprising:
receiving data corresponding to user activity in a 3D coordinate system corresponding to a 3D environment in which graphical elements are positioned;
generating sample locations in the 3D coordinate system based on the data corresponding to the user activity;
identifying a subset of the graphical elements for evaluation, the subset identified based on the sample locations;
associating a graphical element of the identified subset with the user activity based on the evaluation of subset; and
interpreting the user activity based on associating the graphical element with the user activity.
20. The system of claim 19, wherein associating the graphical element with the user activity comprises: for each of the identified graphical elements, determining a point on the respective graphical element based on the user activity; and prioritizing the identified graphical elements based on the point computed for each graphical element.
21. The system of claim 20, wherein determining the point on each of the graphical elements comprises: determining a closest opaque point to a sample location associated with the user activity; and determining a distance of the closest opaque point of each of the graphical elements to the sample location associated with the user activity.
22. The system of claim 20, wherein associating the graphical element with the user activity is based on determining that a closest opaque point within the graphical element is within an angular distance threshold of a sample location associated with the user activity.
23. The system of claim 20, wherein the graphical element to associate with the user activity is selected based on: determining that closest opaque points within multiple graphical elements are within an angular distance threshold of a sample location associated with the user activity; and selecting the graphical element from the multiple graphical elements based on a policy that ranks graphical elements based on element type, layers, geometry, or hysteresis logic.
25. A non-transitory computer-readable storage medium, storing program instructions computer-executable on a computer to perform operations comprising:
receiving data corresponding to user activity in a 3D coordinate system corresponding to a 3D environment in which graphical elements are positioned;
generating sample locations in the 3D coordinate system based on the data corresponding to the user activity;
identifying a subset of the graphical elements for evaluation, the subset identified based on the sample locations;
associating a graphical element of the identified subset with the user activity based on the evaluation of subset; and
interpreting the user activity based on associating the graphical element with the user activity.
1. A method comprising: at an electronic device having a processor:
receiving, at an input support process, data corresponding to user activity in a 3D coordinate system corresponding to a 3D environment in which a plurality of user interface (UI) targets of a user interface are positioned;
generating, at the input support process, a plurality of sample locations in the 3D coordinate system based on the data corresponding to the user activity; identifying, at the input support process, a subset of the plurality of UI targets within the 3D coordinate system for evaluation using a UI target selection criterion, the subset identified based on the plurality of sample locations;
selecting, at the input support process, a UI target of the identified subset to associate with the user activity based on the evaluation of subset of the plurality of UI targets using the UI target selection criterion; and
interpreting, at the input support process, the user activity as input associated with the selected UI target based on the selected UI target being associated with the user activity.
2. The method of claim 1, wherein selecting the UI target to associate with the user activity comprises: for each UI target of the identified subset, determining a point on the respective UI target based on the user activity; and prioritizing the UI targets of the subset based on the point computed for each respective UI target.
3. The method of claim 2, wherein determining the point on each of the respective UI targets comprises: determining a closest opaque point to a sample location associated with the user activity; and determining a distance of the closest opaque point of each of the respective UI targets to the sample location associated with the user activity.
4. The method of claim 2, wherein selecting the UI target to associate with the user activity is based on determining that a closest opaque point within the UI target is within an angular distance threshold of a sample location associated with the user activity.
5. The method of claim 2, wherein the UI target to associate with the user activity is selected based on: determining that closest opaque points within multiple UI targets are within an angular distance threshold of a sample location associated with the user activity; and selecting the UI target from the multiple UI targets based on a policy that ranks UI targets based on element type, UI layers, UI geometry, or hysteresis logic.
6. The method of claim 1, wherein the UI targets of the subset comprise: 3D virtual objects; and 2D elements defined by one or more applications.
7. The method of claim 1, wherein identifying the subset comprises: receiving, at the input support process, data corresponding to positioning of UI elements of an application within the 3D coordinate system, the data corresponding to the positioning of the UI element based at least in part on data provided by the application; and identifying the subset by identifying intersections of the plurality of gaze sample locations with the UI elements of the application positioned within the 3D coordinate system.
8.The method of claim 7, wherein the UI elements of the application occupy a two-dimensional (2D) region and the method further comprises, based on selecting the UI target to associate with the user activity, identifying a point within the 2D region to the application such that the application can recognize an action to associate with the UI element using a 2D app action recognition process.
9. The method of claim 7, wherein the data provided by the application comprises a layered tree structure defining the positional and containment relationships of the UI elements relative to one another on a two-dimensional (2D) coordinate system.
10. The method of claim 7, wherein the data provided by the application identifies external effects for some of the UI elements, wherein an external effect specifies that an operating system (OS) process is to provide responses to a specified user activity relative to a specified UI element outside of an application process.
11. The method of claim 1, wherein the data corresponding to the user activity is a gaze direction within the 3D coordinate system, the gaze direction determined based on sensor data.
12. The method of claim 1, wherein the data corresponding to the user activity is a synthesized direction within the 3D coordinate system, the direction determined based on: determining a hand position of a hand in the 3D coordinate system based on sensor data; determining an intersection position of the hand with at least one UI element based on the hand position; and determining the direction based on the intersection and a viewpoint position.
13. The method of claim 1, wherein the plurality of sample locations are generated by generating a pattern of rays around a gaze direction or a synthesized direction corresponding to user activity.
14. The method of claim 13, wherein the pattern of rays has between 2 and 100 rays.
15. The method of claim 13, wherein the pattern of rays has between 5 and 35 rays.
16. The method of claim 13, wherein the pattern of rays comprises an outer set of rays forming a shape.
17. The method of claim 16, wherein the shape is rotated relative to a horizon or a horizontal.
18. The method of claim 1, wherein the electronic device provides views of a 3D environment including the UI targets, wherein at least some of the UI targets are 2D user interface elements provided by one or more applications, wherein the input support process recognizes the user activity in the 3D coordinate system and provides data to the one or more applications to recognize 2D user interface input.
19. A system comprising: memory; and one or more processors coupled to the memory, wherein the memory comprises program instructions that, when executed by the one or more processors, cause the system to perform operations comprising:
receiving, at an input support process, data corresponding to user activity in a 3D coordinate system corresponding to a 3D environment in which a plurality of user interface (UI) targets of a user interface are positioned;
generating, at the input support process, a plurality of sample locations in the 3D coordinate system based on the data corresponding to the user activity; identifying, at the input support process, a subset of the plurality of (UI) targets within the 3D coordinate system for evaluation using a UI target selection criterion, the subset identified based on the plurality of sample locations;
selecting, at the input support process, a UI target of the identified subset to associate with the user activity based on the evaluation of subset of the plurality of UI targets using the UI target selection criterion; and
interpreting, at the input support process, the user activity as input associated with the selected UI target based on the selected UI target being associated with the user activity.
20. The system of claim 19, wherein selecting the UI target to associate with the user activity comprises: for each UI target of the identified subset, determining a point on the respective UI target based on the user activity; and prioritizing the UI targets of the subset based on the point computed for each respective UI target.
21. The system of claim 20, wherein determining the point on each of the respective UI targets comprises: determining a closest opaque point to a sample location associated with the user activity; and determining a distance of the closest opaque point of each of the respective to the sample location associated with the user activity.
22. The system of claim 20, wherein selecting the UI target to associate with the user activity is based on determining that a closest opaque point within the UI target is within an angular distance threshold of a sample location associated with the user activity.
23. The system of claim 20, wherein the UI target to associate with the user activity is selected based on: determining that closest opaque points within multiple UI targets are within an angular distance threshold of a sample location associated with the user activity; and selecting the UI target from the multiple UI targets based on a policy that ranks UI targets based on element type, UI layers, UI geometry, or hysteresis logic.
25. A non-transitory computer-readable storage medium, storing program instructions computer-executable on a computer to perform operations comprising:
receiving, at an input support process, data corresponding to user activity in a 3D coordinate system corresponding to a 3D environment in which a plurality of user interface (UI) targets of a user interface are positioned;
generating, at the input support process, a plurality of sample locations in the 3D coordinate system based on the data corresponding to the user activity; identifying, at the input support process, a subset of the plurality of UI targets within the 3D coordinate system for evaluation using a UI target selection criterion, the subset identified based on the plurality of sample locations;
selecting, at the input support process, a UI target of the identified subset to associate with the user activity based on the evaluation of subset of the plurality of UI targets using the UI target selection criterion; and
interpreting, at the input support process, the user activity as input associated with the selected UI target based on the selected UI target being associated with the user activity.
The instant Application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof. Although the conflicting claims are not identical, they are not patentability distinct from each other because the instant Application claim is generic to all that is recited in the above patent claim. The more specific anticipates the broader (see In re Goodman – 29 USPQ2d 2010), also see Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2d, 189 and Miller v. Eagle Mfg. Co., 151 U.S. 186 1894). Therefore, the instant claim is anticipated by the above patent claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 6, 18-19 and 25-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hashimoto et al. (US 20220137705).
As to claim 1, Hashimoto discloses a method comprising: at an electronic device (Fig. 1(1): HMD) having a processor (Fig. 3(101), [0066]):
receiving data corresponding to user activity ([0107]: operation of arranging and moving the virtual object) in a 3D coordinate system corresponding to a 3D environment in which graphical elements (Fig. 11(V1, V2, V3): virtual objects) are positioned ([0106]: virtual objects 110(V1, V2, V3) on a work table 401 in three-dimensional space. Image 111 of FIG. 11 shows a scene seen from the user's viewpoint corresponding to the display surface 5);
generating sample locations (Fig. 11(P1): plurality of points) in the 3D coordinate system based on the data corresponding to the user activity ([0107]: HMD 1 displays a plurality of points P1 and ID marks M1 of the grid K1 on the display surface 5 in order to support the operation of arranging and moving the virtual object by the user);
identifying a subset of the graphical elements (Fig. 11(V1, V2, V3): virtual objects) for evaluation, the subset identified based on the sample locations (Fig. 11(P1): plurality of points, [0111]: point P1 having ID=0 can be set as a home region. The virtual object V1 once arranged at the point P1 having ID=7 can easily be return to the position of the point P1 having ID=0);
associating a graphical element (Fig. 11(V1, V2, V3): virtual objects) of the identified subset with the user activity based on the evaluation of subset ([0109]: HMD 1 arranges or moves the designated target virtual objects at the position of the designated points P1 in response to the operation performed by the user. For example, the user first selects and operates the virtual object V1 so as to indicate it with a finger(s) or a cursor. Then, secondly, the user performs a selection operation so as to indicate the point P1 having ID=7 at the arrangement destination); and
interpreting the user activity based on associating the graphical element (Fig. 11(V1, V2, V3): virtual objects) with the user activity ([0107]: operation of arranging and moving the virtual object, [0109]: the user selects and operates the virtual object V1 using gesture, operating tool 2 or voice. The user can specify the number of the ID mark M1 and the alphabetic character of the ID mark N1 by voice, [0115]: the operation can be inputs etc. of: a gesture representing arrangement or movement (for example, a gesture of flipping the target virtual object with the finger)).
As to claim 6, Hashimoto teaches the method of claim 1, wherein the identified graphical elements comprise: 3D virtual objects (Fig. 11(V1, V2, V3): virtual objects); and 2D elements defined by one or more applications (Fig. 4, [0076]: application window 413 is displayed in an application running state and has a two-dimensional rectangular shape).
As to claim 18, Hashimoto teaches the method of claim 1, wherein the electronic device provides views of a 3D environment including the graphical elements (Fig. 11(V1, V2, V3): virtual objects), wherein at least some of the graphical elements are 2D user interface elements provided by one or more applications (Fig. 4, [0076]: application window 413 is displayed in an application running state and has a two-dimensional rectangular shape), wherein the input support process recognizes the user activity in the 3D coordinate system and provides data to the one or more applications to recognize 2D user interface input (Fig. 11, [0079] – [0080], [0083]: three-dimensional space, [0106]).
As to claim 19, it is the apparatus where a system comprising: memory; and one or more processors coupled to the memory, wherein the memory comprises program instructions that, when executed by the one or more processors, cause the system to perform the operations of claim 1. Please see claim 1 for detail analysis.
As to claim 25, it is a non-transitory computer-readable storage medium, storing program instructions to perform the functions of claim 1. Please see claim 1 for detail analysis.
As to claim 26, Hashimoto teaches the method of claim 1, wherein generating the sample locations (Fig. 11(P1): plurality of points) comprising:
based on the user activity, determining a direction in the 3D coordinate system or a position in the 3D environment ([0078], [0081]: operation using the line-of-sight direction, [0110]); and
generating the sample locations based on the determined direction or the determined position ([0110]: HMD 1 may display only a point P1 of a grid K1 in a part of a region corresponding to the line-of-sight direction of the user in the display surface 5).
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.
Claims 7-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto et al. (US 20220137705) in view of Genc at al. (US 20130154913).
As to claim 7, Hashimoto teaches the method of claim 1, wherein identifying the subset of graphical elements (Fig. 11(V1, V2, V3): virtual objects) comprises: receiving data corresponding to positioning of graphical elements within the 3D coordinate system, the data corresponding to the positioning of the graphical elements based at least in part on data provided by an application (Fig. 11, [0079] – [0080], [0083], [0106]: three-dimensional virtual objects, [0107]).
Hashimoto does not expressly teach identifying the subset of graphical elements by identifying intersections of the plurality of gaze sample locations with the graphical elements positioned within the 3D coordinate system.
Genc teaches identifying the subset of graphical elements by identifying intersections of the plurality of gaze sample locations with the graphical elements positioned within the 3D coordinate system (Figs. 5-7, [0096] – [0099]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hashimoto’s electronic device by incorporating Genc’s idea of identifying intersections of the plurality of gaze sample locations with the graphical elements in order to interpret user’s activity more accurately.
As to claim 8, Hashimoto (as modified by Genc) teach the method of claim 7, wherein the graphical elements occupy a two-dimensional (2D) region and the method further comprises, based on associating the graphical elements with the user activity, identifying a point within the 2D region to the application such that the application can recognize an action to associate with the graphical element using a 2D app action recognition process (Genc: [0083], [0086] – [0089]).
As to claim 9, Hashimoto (as modified by Genc) teach the method of claim 7, wherein the data provided by the application comprises a layered tree structure defining the positional and containment relationships of the graphical elements relative to one another on a two-dimensional (2D) coordinate system (Genc: [0083]).
As to claim 10, Hashimoto (as modified by Genc) teach the method of claim 7, wherein the data provided by the application identifies external effects for some of the graphical elements, wherein an external effect specifies that an operating system (OS) process is to provide responses to a specified user activity relative to a specified graphical element outside of an application process (Genc: [0086] – [0089]).
As to claim 11, Hashimoto teaches the method of claim 1, wherein the data corresponding to the user activity within the 3D coordinate system (Fig. 11, [0106], [0109]).
Hashimoto does not specifically teach the data corresponding to the user activity is a gaze direction within the 3D coordinate system, the gaze direction determined based on sensor data.
Genc teaches the data corresponding to the user activity is a gaze direction within the 3D coordinate system, the gaze direction determined based on sensor data ([0058]: determine the direction of gaze in the endo camera coordinate system by the vector a-c; transform the direction of gaze from step 2 into the exo world coordinate system by the transformation obtained/estimated in the earlier section, [0082]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hashimoto’s electronic device by adapting Genc’s idea of determining gaze direction based on sensor (camera) data in order to interpret user’s activity more precisely.
As to claim 12, Hashimoto teaches the method of claim 1, wherein the data corresponding to the user activity within the 3D coordinate system (Fig. 11, [0106], [0109]).
Hashimoto does not explicitly teach the data corresponding to the user activity is a synthesized direction within the 3D coordinate system, the direction determined based on: determining a hand position of a hand in the 3D coordinate system based on sensor data.
Genc teaches the data corresponding to the user activity is a synthesized direction within the 3D coordinate system, the direction determined based on: determining a hand position of a hand in the 3D coordinate system based on sensor data ([0086]: enables a CAD designer to: 1. View their 3D CAD software objects on a real 3D display 2. Use natural gaze & hands gestures and actions to interact directly with their 3D CAD objects resize, rotate, move, stretch, poke, etc.), [0097]);
determining an intersection position of the hand with at least one graphical element based on the hand position (Figs. 7, 11, [0086], [0097], [0104], [0142]); and
determining the direction based on the intersection and a viewpoint position (Figs. 5, 7, 11, [0089], [0104], [0142]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hashimoto’s electronic device by incorporating Genc’s idea of determining a hand position of a hand in the 3D coordinate system based on sensor data in order to interpret user’s activity more accurately.
As to claim 13, Hashimoto teaches the method of claim 1, wherein the sample locations (Fig. 11(P1): plurality of points) are generated ([0107]).
Hashimoto does not specifically teach the sample locations are generated by generating a pattern of rays around a gaze direction or a synthesized direction corresponding to user activity.
Genc teaches the sample locations are generated by generating a pattern of rays around a gaze direction or a synthesized direction corresponding to user activity (Gene: Figs. 5-7, [0086]: enables a CAD designer to: 1. View their 3D CAD software objects on a real 3D display 2. Use natural gaze & hands gestures and actions to interact directly with their 3D CAD objects resize, rotate, move, stretch, poke, etc.), [0097], [0118] – [0119]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hashimoto’s electronic device by adapting Genc’s idea of generating a pattern of rays around a gaze direction or a synthesized direction corresponding to user activity in order to interpret user’s activity more precisely.
As to claim 14, Hashimoto (as modified by Genc) teach the method of claim 13, wherein the pattern of rays has between 2 and 100 rays (Genc: Fig. 5).
As to claim 15, Hashimoto (as modified by Genc) teach the method of claim 13, wherein the pattern of rays has between 5 and 35 rays (Genc: Fig. 5, it is an obvious design choice to select number of rays).
As to claim 16, Hashimoto (as modified by Genc) teach the method of claim 13, wherein the pattern of rays comprises an outer set of rays forming a shape (Genc: [0060]: regular pattern).
As to claim 17, Hashimoto (as modified by Genc) teach the method of claim 16, wherein the shape is rotated relative to a horizon or a horizontal (Genc: [0086]).
Response to Arguments
Applicant’s arguments with respect to claims 1-23 and 25-26 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AFROZA Y CHOWDHURY whose telephone number is (571)270-1543. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin Patel can be reached at (571)272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AFROZA CHOWDHURY/Primary Examiner, Art Unit 2628
Prosecution Insights