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 Amendment
The amendment filed 05/01/2026 has been entered and made of record. Claim 1 is cancelled. Claims 2-21 are pending.
The amendment filed 05/01/2026 has overcome the nonstatutory double patenting rejection made in the non-final office action filed 03/16/2026. The claims are now patentably distinct from the reference claim(s) of Patent No. 11,790,569. The nonstatutory double patenting rejection is withdrawn.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/13/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant's arguments filed 05/01/2026 have been considered but are moot in view of the new ground(s) of rejection necessitated by Applicant's amendment. The independent claims have been amended to recite, “Wherein the virtual object corresponding to the physical object has a different shape from the respective shape of the physical object.”. Upon further search and consideration, BASTALDO-TSAMPALIS et al. (US 2018/0350118 A1) (referenced as “Bastaldo”) is now made of record as teaching the art of inserting proxy objects within a virtual environment [0015]. The proxy object represents a real-world object within the environment that the user, e.g., may pump in to [0032]. Bastaldo teaches the proxy object does not need to replicate the object in the real-world environment [0015].
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.
Claims 2-8, 10-21 are rejected under 35 U.S.C. 103 as being unpatentable over CLEMENT et al (US 2016/0313790 A1) in view of BASTALDO-TSAMPALIS et al. (US 2018/0350118 A1) (referenced as “Bastaldo”).
RE claim 2, Clement teaches an audio-visual system generating a virtual immersive experience that includes transitioning in and out of the virtual immersive experience. Clement teaches an electronic device, comprising:
(a)
one or more displays;
Fig. 1A-C, HMD worn by user to generate an immersive virtual experience [0019]. Display (140) [Fig. 1B; 0020].
(b)
one or more processors; and
Control system (170) includes processor (190) to control operation of the components of control system (170) [0021]. Clement further teaches a programmable processor [0064-0067].
(c)
memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
Implementations may be implemented as a computer program product, i.e., a computer program tangibly embodied in an information carrier, e.g., in a machine-readable storage device (computer-readable medium), for processing by, or to control the operation of the system disclosed ]0064].
(d)
presenting, using the one or more displays, a virtual environment;
Fig. 1A-C, HMD worn by user to generate an immersive virtual experience [0019]. Display (140) [Fig. 1B; 0020]. The system (200) may include a user electronic device (250), such as HMD, to generate the virtual reality environment, in communication with a tracking system (240) that tracks a user position in a real world, physical space, so that the user's physical movement in the real-world space may be translated into movement in the virtual reality world by system (200) [0023].
(e)
detecting, via one or more sensors, a physical object located in a real environment, wherein the physical object has a respective shape;
Fig. 2, device (250) includes a sensing system (260) and a control system (270) [0023]. Sensing system (260) (said one or more sensors) includes light sensor (262), distance/proximity sensor (263) and audio sensor (264) [0023]. As further shown in Fig. 3A, tracking device (310), such as camera (310), is positioned in real world (300). This tracking area (320) defined by the field of view and range of the tracking device (310) [0025]. As a user (A), immersed in the virtual world, moves through the real-world space (300), position of user (A) may be tracked by tracking device (310) and translated into a position/movement in the virtual world [0025]. As shown in Fig. 3B, the method/system of Clement uses a theoretical zone (Z) surrounding the user (A) which represents a warning threshold or boundary associated with the position of user (A) in space (300) relative to the tracking area (320) [0028]. At position 4, the user (A) is in close proximity to the edge or boundary (said physical object) of the tracking area (320) [0028]. The user’s proximity to the edge of tracking area (320), and the movement of a portion of zone (Z) close to, or beyond, the boundary of the tracking area (320), may trigger an event [0029]. Clement further teaches the above events in lieu of the proximity to the edge can also apply to an object (said detecting a physical object located in a real environment). Tracking device (310) may be configured to scan and collect images of the space (300) to paint/construct an image of the space (300). The tracking device (310) may detect other objects in the space (300) which may pose an obstacle to the user and warn the user accordingly (said detecting a physical object located in a real environment) [0038]. It is implied that the physical object would encompass characteristics, such as shape (said wherein the physical object has a respective shape).
(f)
in accordance with a determination that a set of one or more criteria for inserting a virtual object corresponding to the physical object into the virtual environment is met,
As a user (A), immersed in the virtual world, moves through the real-world space (300), position of user (A) may be tracked by tracking device (310) and translated into a position/movement in the virtual world [0025]. As shown in Fig. 3B, the method/system of Clement uses a theoretical zone (Z) surrounding the user (A) which represents a warning threshold or boundary associated with the position of user (A) in space (300) relative to the tracking area (320) [0028]. At position 4, user (A) is in close proximity to the edge or boundary of the tracking area (320) where user (A) is within tracking area (320), but in close proximity to the edge or boundary of tracking area (320), with a portion of zone (Z) outside of tracking area (320) (said set of criteria is met) [0028]. As user (A) moves out of tracking area (320), a fluid transition from the virtual world to the real world is displayed [0029, 0033].
(g)
presenting the virtual environment with the virtual object corresponding to the physical object, wherein the virtual object corresponding to the physical object has a shape different from the respective shape of the physical object; and
Clement teaches as user (A) moves out of tracking area (320), a fluid transition from the virtual world to the real world is displayed [0029, 0033] however fails to teach presenting the virtual environment with the virtual object corresponding to the physical object.
Bastaldo teaches a virtual reality system that includes representations of a plurality of objects to a user [abstract]. The system (100) includes an immersive headset device (200-1) [0024]. The content presentation facility (102) may present virtual reality media content to a user. The virtual reality media content may include representations of a plurality of objects [0028]. The content presentation facility (102) may detect one or more characteristics of a real-world environment that surrounds the user as the virtual reality media content is presented to the user [0030]. The object management facility (104) may identify an actionable real-world object (said physical object) included in the real-world environment [0031] where an actionable real-world object refers to any real-world object with respect to which a user may be likely to perform an action (e.g., real-world objects that the user will likely want to avoid bumping into or will likely want to interact with in a particular way) [0032]. In response to identifying the actionable real-world object, object management facility (104) dynamically integrates a proxy object corresponding to the actionable real-world object with the representations of the plurality of objects included within the virtual reality media content presented to the user (said presenting the virtual environment with the virtual object corresponding to the physical object) [0031, 0059]. Object management facility (104) may configure the proxy object (e.g., size and position the proxy object with respect to the other objects represented in the virtual reality media content) so as to facilitate an action by the user with respect to the actionable real-world object as the virtual reality media content is presented to the user [0031]. Proxy objects (602) may be selected as any objects as many serve a particular implementation [0061]. The proxy object does not need to replicate the object in the real-world environment but may be depicted as a related object or a completely different object that is more appropriate for the virtual reality environment (said wherein the virtual object corresponding to the physical object has a shape different from the respective shape of the physical object) [0015]. A virtual object may be selected from a library of virtual objects associated with a theme of the virtual reality media content [0062].
It would have been obvious before the effective filing date of the claimed invention to render the detected real-world object as taught by Bastaldo for display within the HMD of Bastaldo because the proxy object representing the real object provides a means for the user to naturally walk around a proxy object to avoid bumping into a corresponding real-world object [Bastaldo: 0016]. Clement further teaches providing a transition when near an obstacle avoids the discomfort and disorientation that may be associated with a more abrupt end to the virtual world as the user (A) continues to move in the real world [Clement: 0029].
(h)
in accordance with a determination that the set of one or more criteria for inserting the virtual object corresponding to the physical object into the virtual environment is not met,
Clement teaches as a user (A), immersed in the virtual world, moves through the real-world space (300), position of user (A) may be tracked by tracking device (310) and translated into a position/movement in the virtual world [0025]. As shown in Fig. 3B, the method/system of Clement uses a theoretical zone (Z) surrounding the user (A) which represents a warning threshold or boundary associated with the position of user (A) in space (300) relative to the tracking area (320) [0028]. At positions 1, 2, and 3, user (A) and the corresponding zone (Z) is completely within the tracking area (320) (said set of criteria is not met) [0028] resulting in the user being immersed in the virtual world [0026].
(i)
presenting the virtual environment without the virtual object corresponding to the physical object.
Clement teaches at positions 1, 2, and 3, user (A) and the corresponding zone (Z) is completely within the tracking area (320) (said set of criteria is not met) [0028] resulting in the user being immersed in the virtual world (said virtual environment without virtual object) [0026].
RE claim 3, Clement teaches wherein the set of one or more criteria for inserting the virtual object corresponding to the physical object into the virtual environment includes
(a)
a criterion that is met when a proximity of the electronic device to the physical object is less than a threshold distance.
As user (A), immersed in the virtual world, moves through the real-world space (300), position of user (A) may be tracked by tracking device (310) and translated into a position/movement in the virtual world [0025]. As shown in Fig. 3B, the method/system of Clement uses a theoretical zone (Z) (said threshold distance) surrounding the user (A) which represents a warning threshold or boundary associated with the position of user (A) in space (300) relative to the tracking area (320) [0028]. At position 4, the user (A) is in close proximity to the edge or boundary of the tracking area (320) (said proximity is less than a threshold distance) [0028]. The user’s proximity to the edge of tracking area (320), and the movement of a portion of zone (Z) close to, or beyond, the boundary of the tracking area (320), may trigger an event (said criteria) [0029]. Clement further teaches the above events in lieu of the proximity to the edge can also apply to an object (said detecting a proximity of the electronic device to a physical object located in a real environment). Tracking device (310) may be configured to scan and collect images of the space (300) to paint/construct an image of the space (300). The tracking device (310) may detect other objects in the space (300) which may pose an obstacle to the user and warn the user accordingly [0038]. Additionally, device (250) (said electronic device) includes a sensing system (260) and a control system (270) [0023].
RE claim 4, Clement teaches
(a)
wherein the set of one or more criteria for inserting the virtual object corresponding to the physical object into the virtual environment is not met when the proximity of the electronic device to the physical object is greater than the threshold distance.
Clement teaches as user (A), immersed in the virtual world, moves through the real-world space (300), position of user (A) may be tracked by tracking device (310) and translated into a position/movement in the virtual world [0025]. As shown in Fig. 3B, the method/system of Clement uses a theoretical zone (Z) (said threshold distance) surrounding the user (A) which represents a warning threshold or boundary associated with the position of user (A) in space (300) relative to the tracking area (320) [0028]. At positions 1, 2, and 3, user (A) and the corresponding zone (Z) is completely within the tracking area (320) (said proximity is greater than the threshold distance) [0028] resulting in the user being immersed in the virtual world (said virtual object not inserted, criteria not met) [0026]. Additionally, device (250) (said electronic device) includes a sensing system (260) and a control system (270) [0023].
RE claim 5, in further view of Bastaldo, Bastaldo teaches
(a)
wherein the virtual object corresponding to the physical object is a generic object shape.
Bastaldo teaches the object management facility (104) may identify an actionable real-world object (said physical object) included in the real-world environment [0031] where an actionable real-world object refers to any real-world object with respect to which a user may be likely to perform an action (e.g., real-world objects that the user will likely want to avoid bumping into or will likely want to interact with in a particular way) [0032]. In response to identifying the actionable real-world object, object management facility (104) dynamically integrates a proxy object corresponding to the actionable real-world object with the representations of the plurality of objects included within the virtual reality media content presented to the user (said virtual object) [0031, 0059]. The proxy object does not need to replicate the object in the real-world environment but may be depicted as a related object or a completely different object that is more appropriate for the virtual reality environment (said generic object shape) [0015]. A virtual object may be selected from a library of virtual objects associated with a theme of the virtual reality media content [0062].
The same motivation to combine as taught in the rationale of claim 2 is incorporated herein.
RE claim 6, in further view of Bastaldo, Bastaldo teaches
(a)
wherein generic object shape visually resembles the physical object.
Bastaldo teaches in response to identifying the actionable real-world object, object management facility (104) dynamically integrates a proxy object corresponding to the actionable real-world object with the representations of the plurality of objects included within the virtual reality media content presented to the user (said virtual object) [0031, 0059]. Proxy objects (602) may be virtualized representation of the actionable real-world object (said resembles the real object) [0061]. The proxy object does not need to replicate the object in the real-world environment but may be depicted as a related object or a completely different object that is more appropriate for the virtual reality environment (said generic object shape) [0015]. A virtual object may be selected from a library of virtual objects associated with a theme of the virtual reality media content [0062].
The same motivation to combine as taught in the rationale of claim 2 is incorporated herein.
RE claim 7, in further view of Bastaldo, Bastaldo teaches
(a)
presenting the virtual object corresponding to the physical object at a location in the virtual environment that corresponds to the location of the physical object in the real environment.
Bastaldo teaches the proxy object has a similar apparent size and position (said location) within an immersive virtual reality world associated with the virtual reality media content as the size and position of the actionable real-world object in the real-world environment [0016].
The same motivation to combine as taught in the rationale of claim 2 is incorporated herein.
RE claim 8, Clement teaches wherein presenting the virtual environment with the virtual object corresponding to the physical object includes
(a)
presenting the virtual object corresponding to the physical object with a visibility value that is associated with a proximity of the electronic device to the physical object.
Clement teaches when the user’s proximity to the edge or beyond the tracking area (320), the method/system of Clement may trigger the initiation of a fluid, or graceful, transition process from the virtual world to the real world [0029], such as a gradual fade [0040]. Additionally, the rate of transition can be based on the speed and/or direction of the user to the proximity to the object [0042]. As taught in claim 2(e), this also applies to objects in the real world. Thus, the real object would initially be somewhat transparent as it fades into opaque as the user approaches (said presenting with a visibility value). Additionally, device (250) (said electronic device) includes a sensing system (260) and a control system (270) [0023].
RE claim 10, claim 10 recites similar limitations as claim 2 but in manufacture form. Therefore, the same rationale used for claim 2 is applied. Furthermore, Clement teaches implementing the techniques of claim 2 within a computer program tangibly embodied in a machine-readable storage device [0064].
RE claim 11, claim 11 recites similar limitations as claim 3 but in manufacture form. Therefore, the same rationale used for claim 3 is applied.
RE claim 12, claim 12 recites similar limitations as claim 4 but in manufacture form. Therefore, the same rationale used for claim 4 is applied.
RE claim 13, claim 13 recites similar limitations as claim 5 but in manufacture form. Therefore, the same rationale used for claim 5 is applied.
RE claim 14, claim 14 recites similar limitations as claim 6 but in manufacture form. Therefore, the same rationale used for claim 6 is applied.
RE claim 15, claim 15 recites similar limitations as claim 7 but in manufacture form. Therefore, the same rationale used for claim 7 is applied.
RE claim 16, claim 16 recites similar limitations as claim 8 but in manufacture form. Therefore, the same rationale used for claim 8 is applied.
RE claim 17, claim 17 recites similar limitations as claim 2 but in process form. Therefore, the same rationale used for claim 2 is applied. Furthermore, Clement teaches executing a process with the system of claim 2 [0066].
RE claim 18, claim 18 recites similar limitations as claim 3 but in process form. Therefore, the same rationale used for claim 3 is applied.
RE claim 19, claim 19 recites similar limitations as claim 5 but in process form. Therefore, the same rationale used for claim 5 is applied.
RE claim 20, claim 20 recites similar limitations as claim 7 but in process form. Therefore, the same rationale used for claim 7 is applied.
RE claim 21, claim 21 recites similar limitations as claim 8 but in process form. Therefore, the same rationale used for claim 5 is applied.
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 MICHELLE L SAMS:
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(571) 272-7661
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michelle.sams@uspto.gov
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/MICHELLE L SAMS/
Primary Examiner, Art Unit 2611
2 June 2026
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