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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4-9 and 11-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Suiter et al. (PGPUB Document No. US 2024/0275899).
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 location coordinates (proximity considerations…may determine whether a given icon is displayed to a reader (Suiter: 0158)), personal knowledge (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)), and 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));
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)).
Regarding claim 2, Suiter teaches the apparatus of Claim 1, wherein the geospatial position of the handheld smart device is determined using an Ultra-Wideband (UWB) technology (“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)).
Regarding claim 4, Suiter teaches 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, Suiter teaches the apparatus of Claim 2, wherein the Ultra-Wideband UWB technology used for determining the geospatial position includes Round Trip Time for precise indoor location tracking (“UWB calculates precise locations by measuring signal return times” (Suiter: 0212)).
Regarding claim 6, Suiter teaches the apparatus of Claim 2, wherein a combination of Bluetooth, and Ultra-Wideband 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, Suiter teaches the apparatus of Claim 2, wherein the determination of the geospatial position is further enhanced by integrating data from additional sensors such as accelerometers, gyroscopes, and magnetometers in the handheld smart device (“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, Suiter teaches 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, Suiter teaches 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, Suiter teaches 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 such as a fingerprint or facial recognition (access via biometric information (Suiter: 0096, 0180), key/password (Suiter: 0143)).
Regarding claim 12, Suiter teaches 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, Suiter teaches 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, Suiter teaches 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, Suiter teaches 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, Suiter teaches 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, Suiter teaches the apparatus of Claim 1, wherein the transceiver located at the specific geospatially defined area comprises a smart tag (NFC smart tag detection components (Suiter: 0328)).
Regarding claim 18, Suiter teaches 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, Suiter teaches 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, Suiter teaches 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)).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suiter 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 Ultra-Wideband (UWB) technology provides 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 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
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
Prosecution Insights