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 to Arguments
Applicant’s arguments filed 9/7/2026, with respect to claims 1-13, 15-19 and 21-22 have been fully considered but are moot in view new ground(s) of rejection.
Claim Rejections - 35 USC § 103
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 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, 4-9, 11-13, 15-19, 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suiter et al. (PGPUB Document No. US 2024/0275899) in view of Channabasappa et al. (PGPUB Document No. US 20150347736) in view of Kincart et al. (PGPUB Document No. US 2021/0248283).
Regarding claim 1, Suiter teaches an apparatus for providing digital content based upon a geospatial location, the apparatus comprising:
A handheld smart device comprising a controller and a digital storage storing programmable code executable upon command to cause the handheld smart device to (smart device (Suiter: 0011, 0098)):
Transceive a request for digital content from a transceiver located at a specific geospatially defined area (The server stores the received moment files to memory. When one or more reading devices are proximate to a tagged object associated with one or more moment files, the server receives indications of the reading devices via the networks, e.g., which may include information about the reading users. For those reading users determined to be eligible readers of a moment file, the servers forward to the associated reading devices the associated media content for display in response to engagement with the moment file by the reading user (Suiter: 0009));
Determine a geospatial position of the handheld smart device using ultra-wideband (UWB) wireless communications (“UWB and the like may be utilized to determine relative position of a user's handy and tagged content available and relevant to the user” (Suiter: 0212));
Select pertinent digital content based on the geospatial position (“For example, proximity considerations…may determine whether a given icon is displayed to a reader” (Suiter: 0158)) and a user's need for accessing information (A recorder of a moment file may incorporate recorder filters 106 into the moment file 10 to restrict access to the moment file, while a reader may establish customizable reader filters specific to a handy to narrow the potential variety of accessible moment files according to reader interests (Suiter: 0158)), using artificial intelligence (AI) (collaborative filtering algorithms (Suiter: 0304-0306));
Generate an interactive user interface on the handheld smart device, the interactive user interface combining real-world and virtual content, and dynamically updating based on the user's location and orientation (interactive AR moments presented to the user as shown in FIG.46 (Suiter: 0099, 0121, 0216));
Display the selected digital content on the interactive user interface (displaying eligible interactive AR/VR content to a reading user (Suiter: Abstract) such as the interactive AR moments of Suiter as stated in the rejection above.);
Integrate sensor data from IoT sensors located at the geospatial position, the sensor data being associated with virtual tags (“connectivity between such devices and the Internet of Things (IoT)” (Suiter: 0215));
Provide a multifactor authentication process for accessing the digital content, the multifactor authentication process based on a first factor comprising a determination that the geospatial position of the handheld smart device is within an authorized area defined by location coordinates (proximity considerations…may determine whether a given icon is displayed to a reader (Suiter: 0158, 0135)), and a third factor comprising possession of a known hardware device (Readers may utilize a preferred enrolled handy to locate, retrieve, and view (via a display of the handy) moment files 10 (Suiter: 0158));
(Note, Suiter teaches a multi-factor authentication process that comprise of factoring whether a user device is enrolled and the device’s proximity (Suiter: 0157)).
Generate and display icons in the interactive user interface, the icons representing one or both of the virtual tags and physical tags associated with specific location coordinates (“view (via a display of the handy) moment files 10 by interacting with the augmented reality icon or icons associated with the moment file” (Suiter: 0158). Note moments are associated coordinates (Suiter: 0102, 0203));
And respond to a user’s interaction with the icons to receive digital content associated with the one or both of the virtual tags and the physical tags (interacting with the icons (Suiter: 0158)).
Although suiter teaches using personal knowledge as part of an authentication process for accessing the digital content (Biometric information, facial or body recognition, fingerprint, voice recognition or key/password may be utilized to access features of the moment system 100 (Suiter: 0096, 0143)), Suiter does not expressly teach the “personal knowledge” being part of the above multi-factor authentication process.
However, Channabasappa teaches further including “personal knowledge” as part of a multi-factor authentication process (multi-factor authentication (e.g., “what you know AND have”, password+RSA Key)…multi-dimensional aspects to create a probabilistic identity profile that is quantified in conjunction with time, location, and proximity (Channabasappa: 0046)).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of an ordinary skill in the art to modify the teachings of Suiter such as to incorporate the multi-factor authentication teaching of Channabasappa, because this enables an added level of security.
Further, the combined teachings above do not expressly teach but Kincart teaches,
Integrate sensor data generated by IoT sensors (a user interface 606A may display information specific to the Agent 600 via one or more of IoT tags… electronic sensor that provides readings on one or more of: heat, humidity, water presence, air flow and the like (Kincart: 0206)) located at the specific geospatially defined area into the interactive user interface (Kincart teaches the steps of quantifying physical location of the IoT sensor, generate an icon associated with said location, and generating a user interface (Kincart: 0350)), the sensor data being associated with virtual tags, each of the virtual tags comprising digital content associated with location coordinates (digital content to be associated with coordinates that indicate a particular location, which may be referred to as a Tag location (Kincart: 0208)).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of an ordinary skill in the art to modify the combined teachings above such as to utilize the IoT teachings of Kincart, because this enables an effective method of implementing an user interactive IoT tag.
Regarding claim 2, the combined teachings teach the apparatus of Claim 1, wherein the UWB wireless communications further comprise wireless communications between the handheld smart device and multiple reference point transceivers located at known positions, and the geospatial position is determined based upon a distance between the handheld smart device and each of the multiple reference point transceivers (“a physical tag may include a transceiver capable of wireless communication with the multiple reference transceivers and the method may include transceiving a wireless communication between a tag and multiple reference point transceivers; and generating positional coordinates for the tag based upon the wireless communication between the tag and the multiple reference transceivers. The wireless communication between the Smart Device and the multiple reference point transceivers may be accomplished by transceiving using an Ultra-Wideband modality” (Kincart: 0014)).
Regarding claim 4, the combined teachings teach the apparatus of Claim 2, wherein the programmable code is executable upon command to additionally cause the handheld smart device to control access to the digital content based on the geospatial position of the user and ensure that only users in designated areas can access specific information (recorder filters that restrict access to moment files based on proximity defined as a locus or area of accessibility (Suiter: 0099, 0157)).
Regarding claim 5, the combined teachings teach the apparatus of Claim 2, wherein determining the geospatial position using the UWB wireless communications includes a Round Trip Time calculation for precise indoor location tracking (“UWB calculates precise locations by measuring signal return times” (Suiter: 0212)).
Regarding claim 6, the combined teachings teach the apparatus of Claim 2, wherein a combination of Bluetooth wireless communications and UWB wireless communications is used to create a hybrid positioning system that dynamically selects the most accurate technology based on an environment (“uses a combination of cellular 116, other terrestrial devices 120 (e.g., Wi-Fi, Li-Fi, Bluetooth, UWB, various other tags 30), and space-based platforms such as GNSS (GPS) 114 to determine a user's 20 (device 18) location” (Suiter: 0227)).
Regarding claim 7, the combined teachings teach the apparatus of Claim 2, wherein the determination of the geospatial position is further enhanced by integrating data from additional sensors in the handheld smart device, the additional sensors comprising at least one of an accelerometer, a gyroscope, and a magnetometer (“in the absence of an externally transmitted signal for positioning an enrolled smart device (handy) 18 may determine its location 16 and orientation 205 utilizing one or more measurements of the instruments contained in an IMU of the enrolled smart device” (Suiter: 0126, 0129)).
Regarding claim 8, the combined teachings teach the apparatus of Claim 1, wherein the artificial intelligence (AI) is used for selecting pertinent digital content, the AI including machine learning algorithms trained on user behavior and preferences (algorithm used for collaborative filtering (Suiter: 0304-0306) and/or AI used to highlight objects of user’s interest (Suiter: 0290)).
Regarding claim 9, the combined teachings teach the apparatus of Claim 1, wherein the interactive user interface includes augmented reality (AR) elements that overlay digital information on a live camera feed of a physical environment (presenting AR element(s) within the display of the smart device (Suiter: 0099, 0105)).
Regarding claim 11, the combined teachings teach the apparatus of Claim 1, wherein the multifactor authentication process includes verifying the user's identity through a combination of location coordinates, a password or PIN, and a biometric identifier comprising at least one of a fingerprint and facial recognition (access via biometric information (Suiter: 0096, 0180), key/password (Suiter: 0143)).
Regarding claim 12, the combined teachings teach the apparatus of Claim 1, wherein the interactive user interface dynamically updates based on the user's location and orientation by continuously tracking the handheld smart device's position and adjusting the displayed digital content accordingly (“proximity considerations, recorder filters, and reader filters may determine whether a given icon is displayed to a reader” (Suiter: 0158)).
Regarding claim 13, the combined teachings teach the apparatus of Claim 1, wherein the icons representing one or both of the virtual tags and the physical tags are generated and displayed based on a proximity of the handheld smart device to the respective tags, and the user can interact with the icons to access detailed information or perform actions related to the tags (“proximity considerations, recorder filters, and reader filters may determine whether a given icon is displayed to a reader; the reader may then access other content elements of the file by interacting with (e.g., clicking) the icon” (Suiter: 0158)).
Regarding claim 14, the combined teachings teach the apparatus of Claim 1, wherein the digital content includes multimedia files such as text, images, audio, and video (media such as photo, video may be associated with a moment (Suter: 0103, 0157)).
Regarding claim 15, the combined teachings teach the apparatus of Claim 1, wherein the controller is configured to transceive digital content using a cloud-based server (“a server for retrieving at least one augmented reality icon of a previously recorded moment file “placed” in its designated location, e.g., by being uploaded by the recorder to the server for potential access by other reading smart devices.” (Suiter: 0157)).
Regarding claim 16, the combined teachings teach the apparatus of Claim 1, wherein the handheld smart device includes a mobile phone, tablet, or wearable device (“a smart device (handy) 18 includes a smart phone 268, smart glasses 270, smart vehicle 272, smart tablet 274, smart lens 276, smart station (kiosk) 278, smart watch 280, portable computer 282, or the like.” (Suiter: 0115)).
Regarding claim 17, the combined teachings teach the apparatus of Claim 1, wherein the transceiver located at the specific geospatially defined area comprises a physical tag comprising a UWB transceiver, and the UWB wireless communications comprise wireless communication between the handheld smart device and the physical tag (“a physical tag may include a transceiver capable of wireless communication with the multiple reference transceivers and the method may include transceiving a wireless communication between a tag and multiple reference point transceivers… wireless communication between the Smart Device and the multiple reference point transceivers may be accomplished by transceiving using an Ultra-Wideband modality” (Kincart: 0014)).
Regarding claim 18, the combined teachings teach the apparatus of Claim 1, wherein the digital content is stored in a blockchain for secure access and retrieval (In a currently preferred embodiment frictionless access may be provided via a key exchange, blockchain (Suiter: 0096)).
Regarding claim 19, the combined teachings teach the apparatus of Claim 1, wherein the digital content is categorized based on the user's role and access level (“filtering moment files 10 according to a variety of characteristics, e.g., a reader permission” (Suiter: 0158)) within the specific geospatially defined area (“access a moment file based on the proximity of the smart device's current location to a location” (Suiter: 0157)).
Regarding claim 20, the combined teachings teach the apparatus of Claim 1, wherein the controller is configured to transceive digital content using a peer-to-peer network (“may operate … as a peer machine in a peer-to-peer (or distributed) network environment” (Suiter: 0321)).
Regarding claim 21, the combined teachings teach the apparatus of Claim 1, wherein the handheld smart device comprises an array of antennas, and the geospatial position is determined based at least in part upon an angle of arrival of the UWB wireless communications received via the array of antennas (FIGS. 5A of Kincart illustrates an exemplary Smart Device with an array of antennas).
Regarding claim 22, the combined teachings teach the apparatus of Claim 1, wherein at least one of the physical tags comprises a node co-located with at least one of the IoT sensors (“IoT Tag” as used herein refers to a Node co-located with an IoT Sensor (Kincart: 0499)), the node comprising a wireless transceiver, and the sensor data is received by the handheld smart device via wireless communication with the node (““Node” as used herein means a device including at least a processor, a digital storage, and a wireless transceiver” (Kincart: 0502)).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suiter in view of Channabasappa in view of Kincart as applied to the claim(s) above, and further in view of Moeller (PGPUB Document No. US 2019/0272495).
Regarding claim 3, Suiter does not expressly teach but Moeller teaches the apparatus of Claim 2, wherein the geospatial position is determined using the UWB wireless communications with centimeter-level accuracy for indoor positioning (“UWB technology if accuracy of indoor location on the order of centimeters is desired” (Moeller: 0045)).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of an ordinary skill in the art to modify the teachings of Suiter such as to utilize the UWB of Moeller, because this enables improved UWB accuracy.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suiter Channabasappa in view of Kincart as applied to the claim(s) above, and further in view of Bleyer et al. (PGPUB Document No. US 2021/0027538).
Regarding claim 10, Suiter does not expressly teach but Bleyer teaches the apparatus of Claim 1, wherein the IoT sensors include at least one of temperature sensors, humidity sensors, motion sensors, and light sensors, and data they collect is used to enhance the digital content provided (“In response to receiving the sensor data from the external IOT device (i.e. external to the HMD 500), HMD 500 then renders a virtual image 520 corresponding to IOT device 510's sensor readings. For instance, FIG. 5 shows how HMD 500 is rendering a temperature gradient around pot 515. Areas relatively closer to pot 515 are visualized as being hotter (e.g., the darker areas in virtual image 520) while areas relatively farther away from pot 515 are visualized as being cooler (e.g., the progressively lighter areas around pot 515)” (Bleyer: 0073, FIG.5)).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of an ordinary skill in the art to modify the teachings of Suiter such as to visualize IoT sensor as taught by Bleyer, because this enables the display a variant of AR information to the user.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David H Chu whose telephone number is (571)272-8079. The examiner can normally be reached M-F: 9:30 - 1:30pm, 3:30-8:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel F Hajnik can be reached at (571) 272-7642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID H CHU/Primary Examiner, Art Unit 2616
