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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 10, 2025 has been entered.
Claim Rejections - 35 USC § 101
3. Claims 14-16 and 18-19 are still rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. In the specification, although statutory (non-transitory) embodiments of a computer readable medium (i.e. a storage device) are disclosed, non-statutory (transitory) embodiments are also disclosed. The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media.
Therefore, the claims are rejected as being drawn to non-statutory subject matter.
Claim Rejections - 35 USC § 102
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 14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ROH et al (WO 2011/049251).
As per claim 14 ROH et al discloses: A large-format touch-sensitive display device (LFTSDD 160), comprising:
a camera 170 { [92] The control unit 130 receives the information on the user's height collected by the position sensor 170 and causes an image corresponding to the received information to be displayed on the display unit 160. Note: position sensor 170 is seen to be a camera since it “causes and image . . . to be displayed”};
a large-format touch-sensitive display screen 160 {figure 5};
a logic processor 130 {figure 1}; and
a storage device 120 holding instructions executable by the logic processor 130 to:
receive, via the camera 170, one or more images of a scene in front of the LFTSDD 160 { [92] The control unit 130 receives the information on the user's height collected by the position sensor 170 and causes an image corresponding to the received information to be displayed on the display unit 160. Note: position sensor 170 is seen to be a camera since it “causes and image . . . to be displayed”};
computer-analyze the one or more images to recognize a human subject in the scene and a location of the human subject relative to the LFTSDD 160 { [96] The position sensor 170 determines the user s height as user characteristic information. The control unit 130 causes the menu screen 200 to be displayed based on the user's height. & [98] The position sensor 170 determines whether the user comes within a predetermined radius of the vending machine 100 (S310). } including a direction in which the human subject is facing relative to the LFTSDD {[0100] Alternatively, if the user has approached the vending machine 100, the vending machine 100 may determine that the user desires to buy products, and may then display the menu screen 200 so that the user can buy a desired product via the menu screen 200. Note: the “computer-analyze” of the claimed invention would recognize “a direction in which the human subject is facing”, specifically facing the LFTSDD, since it “determines that the user desires to buy products, and may then display the menu screen 200 so that the user can buy a desired product”};
determine a variable interaction zone of the display screen of the LFTSDD 160 based at least on the recognized location of the human subject relative to the LFTSDD 160, and the direction in which the human subject is facing relative to the LFTSDD 160, the variable interaction zone being smaller than the display screen and positioned a designated distance in front of the human subject on the display screen in the direction in which the human subject is facing relative to the LFTSDD 160 based at least on the recognized location of the human subject relative to the LFTSDD 160 {[104] Subsequently, the control unit 130 controls the menu screen 200 comprising the generated menu items to be displayed on a portion on the display unit 160 corresponding to the user's height (S360). } and the direction in which the human subject is facing relative to the LFTSDD 160 {[0100] Alternatively, if the user has approached the vending machine 100, the vending machine 100 may determine that the user desires to buy products, and may then display the menu screen 200 so that the user can buy a desired product via the menu screen 200. Note: the “computer-analyze” of the claimed invention would recognize “a direction in which the human subject is facing”, specifically facing the LFTSDD, since it “determines that the user desires to buy products, and may then display the menu screen 200 so that the user can buy a desired product”}; and
visually present a touch control affordance in the variable interaction zone of the display screen of the LFTSDD 160 , at a position in the variable interaction zone that is determined based at least on the direction in which the human subject is facing relative to the LFTSDD 160, wherein the touch control affordance facilitates the human subject providing touch input at the touch control affordance from the recognized location { [104] Accordingly, it is possible for the user to select desired menu items from the menu screen 200 more conveniently. & [0136] Subsequently, the control unit 130 causes articles in a user favorite field to be displayed on the information providing screen 250 based on the information on the user (S530), and controls a menu comprising product items which the user desires to buy to be displayed on the menu screen 200 (S540). & [0137] The user may set information on the user, such as articles in a user favorite field and product items which the user desires to buy, in advance, and may store the set information in the RFID tag 185. Alternatively, the RFID tag 185 may store only an identification (ID) of the user, and the user may set information on his or her favorite articles and products corresponding to his or her ID, and may store the set information in the vending machine 100. }
As per claim 18 ROH et al discloses: The LFTSDD 160 of claim 14, wherein the storage device 120 holds instructions executable by the logic processor 130 to: detect touch input to the LFTSDD 160 via a touch sensor; associate the touch input with an application program executed by the LFTSDD 160; and wherein the touch control affordance is an application-specific touch control affordance configured to control operation of the application program { figure 6:S340-S350 }.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over ROH et al (WO 2011/049251) in view of Pahud et al (US 2017/0090666)
Regarding claim 19 ROH et al is silent as to: The method of claim 1, further comprising: computer-analyzing the one or more images to recognize a plurality of human subjects in the scene and a location of each of the plurality of human subjects relative to the LFTSDD 160; detecting touch input to the LFTSDD 160 via a touch sensor; associating the touch input with a human subject of the plurality of human subjects; and wherein the variable interaction zone is positioned on the display screen a designated distance in front of the human subject associated with the touch input based at least on the recognized location of the human subject relative to the LFTSDD 160.
Regarding claim 16 ROH et al is silent as to: The LFTSDD 160 of claim 14, wherein the one or more images are computer analyzed using a neural network previously-trained with training data including a plurality of ground-truth labeled images of human subjects captured by a training compatible camera 170 relative to the camera 170 of the LFTSDD 160.
With respect to claims 16 and 19 Pahud et al discloses: [0107] In some examples, machine learning processes may be applied to historical data. For example, a system using results of such machine learning may learn habits or tendencies of a user over time and/or during interaction between one or more touchscreens and the user. In other examples, a system using results of machine learning may learn habits or tendencies of multiple users and their interactions with one another and one or more touchscreens. See also figures 13-14 and [0121]-[0122].
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the method of ROH et al with computer-analyzing that comprises providing the one or more images to a machine-learning model previously-trained to recognize the presence of a human subject within an image including a neural network previously-trained with training data including a images of human subjects as taught by Pahud et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a method with computer-analyzing that comprises providing the one or more images to a machine-learning model previously-trained to recognize the presence of a human subject within an image including a neural network previously-trained with training data including a images of human subjects so as to “learn habit or tendencies of a user over time and/or during interaction between one or more touchscreens”, as well as, “learn habits of tendencies of multiple users and their interactions with one another and one or more touchscreens”. See [0107] of Pahud et al.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over ROH et al (WO 2011/049251).
Regarding claim 15 ROH et al discloses: wherein the camera 170 is a wide-angle visible-light or infrared camera 170. With respect to claims 12-13, 15 and 20: Official notice is taken of the fact that wide-angle cameras including visible-light and infrared cameras are notoriously old and well known in the display device art.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the method of ROH et al with wide-angle cameras including visible-light and infrared cameras as taught in the art. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a method with wide-angle cameras including visible-light and infrared cameras so as to obtain varied images of the user in multiple lighting conditions and spaces.
Allowable Subject Matter
Claims 1-13 and 20 are allowed.
Response to Arguments
Applicant's arguments filed October 14, 2025 have been fully considered but they are not persuasive. Applicant asserts on page 4 in the last paragraph the following:
Applicant respectfully submits that the broadest reasonable interpretation of claim 14 is drawn to a large-format touch-sensitive display device including hardware components including a camera, a large-format touch-sensitive display screen, a logic processor, and a storage device. None of these hardware components can be broadly interpreted as transitory signals. Moreover, the large-format touch-sensitive display device of claim 14 does not fall within any of the prohibited categories specified under 35 U.S.C. § 101. Rather, the large-format touch-sensitive display device of claim 14 falls within the patent eligible category of a machine.
Contrary to applicant’s assertion the claims are not directed to statutory patent eligible subject matter.
As stated supra, in the specification, although statutory (non-transitory) embodiments of a computer readable medium (i.e. a storage device) are disclosed, non-statutory (transitory) embodiments are also disclosed. The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media.
In the penultimate paragraph on page 5, applicant asserts the following:
In contrast, Roh does not disclose the subject matter of claim 14. Rather, in paragraphs [106]-[110], Roh merely discloses detecting horizontal movement of a user within a predetermined distance of a vending machine via a position sensor, and moving a menu on a display screen of the vending machine left or right based on the horizontal movement of the user as detected by the position sensor. Roh is silent regarding determining a direction in which the user is facing relative to the display screen, and positioning a touch control affordance based on the determined direction in which the user is facing relative to the display screen.
As stated supra, Roh discloses in [0100] the following: “Alternatively, if the user has approached the vending machine 100, the vending machine 100 may determine that the user desires to buy products, and may then display the menu screen 200 so that the user can buy a desired product via the menu screen 200.” The “computer-analyze” of the claimed invention would recognize “a direction in which the human subject is facing”, specifically facing the LFTSDD, since it “determines that the user desires to buy products, and may then display the menu screen 200 so that the user can buy a desired product”. Therefore, contrary to applicant’s assertion the applied prior discloses the claimed invention.
Conclusion
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/DAVID D DAVIS/Primary Examiner, Art Unit 2627
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