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 .
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 1-20 are rejected on the ground of nonstatutory double patenting as
being unpatentable over claims 1-18 of U.S. Patent No. 12,126,378 (Jadidian et al). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in claims 1-20 of the instant application are encompassed by claims 1-18 of US Patent No. 12,126,378 (Jadidian et al).
Instant Application No. 18/885,600 (Claim 1)
US Patent No. 12,126,378 (Claim 1)
A method for data communication between an extended reality headset and a remote transceiver using light-based communication, the extended reality headset configured to track position and orientation movement of the extended reality headset, the extended reality headset having one or more light-based communication transceivers coupled to the extended
reality headset, wherein the light-based communication transceivers are located at predetermined locations of the extended reality headset, the method comprising:
determining a current position and orientation of the extended reality headset;
A method for data communication between an extended reality headset and a remote
transceiver using light-based communication, the extended reality headset configured to track position and orientation movement of the extended reality headset, the extended reality headset having one or more light-based communication transceivers coupled to the extended
reality headset, wherein the light-based communication transceivers are located at predetermined locations of the extended reality headset, the method comprising:
determining a current position and orientation of the extended reality headset (i.e., see Claim 1 of US Patent No. 12,126,378);
determining a relative position of the remote transceiver with respect to the current position and orientation of the extended reality headset;
determining a relative position of the remote transceiver with respect to the current position and orientation of the extended reality headset (i.e., see Claim 1 of US Patent No. 12,126,378);
calculating a line-of-sight from the light-based communication transceivers to the remote transceiver;
calculating a line-of-sight from the light-based communication transceivers to the remote transceiver (i.e., see Claim 1 of US Patent No. 12,126,378);
selecting one of the light-based communication transceivers based on the calculated line- of-sight;
selecting one of the light-based communication transceivers based on the calculated line-of-sight (i.e., see Claim 1 of US Patent No. 12,126,378);
causing the light-based communication transceivers to emit a light-based communications beam from the selected one of the light-based communication transceivers in accordance with the calculated line-of-sight; and
causing the light-based communication transceivers to emit a light-based communications beam from the selected one of the light-based communication transceivers in accordance with the calculated line-of-sight (i.e., see Claim 1 of US Patent No. 12,126,378); and
causing an adjustment of the light-based communications beam in response to changes to the relative position of the remote transceiver with respect to the current position and orientation of the extended reality headset.
causing an adjustment of the light-based communications beam in response to changes to the relative position of the remote transceiver with respect to the current position and orientation of the extended reality headset (i.e., see Claim 1 of US Patent No. 12,126,378).
Regarding claims 2, as similarly described above, Jadidian et al discloses wherein the adjustment of the light-based communications beam is caused by electrical steering (i.e., see Claim 2 of US Patent No. 12,126,378).
Regarding claims 3, as similarly described above, Jadidian et al discloses
wherein the adjustment of the light-based communications beam is caused by mechanical steering (i.e., see Claim 4 of US Patent No. 12,126,378).
Regarding claims 4, as similarly described above, Jadidian et al discloses
wherein the predetermined locations are situated around a perimeter of the extended reality headset (i.e., see Claim 1 of US Patent No. 12,126,378).
Regarding claims 5, as similarly described above, Jadidian et al discloses
wherein the mechanical steering is implemented using movable mirrors (i.e., see Claim 5 of US Patent No. 12,126,378).
Regarding claims 6, as similarly described above, Jadidian et al discloses further comprising: determining a relative position of a remote headset with respect to the current position and orientation of the extended reality headset;
calculating a second line-of-sight from the light-based communication transceivers to the remote headset; and causing the light-based communication transceivers to emit a second light-based communications beam in accordance with the calculated second line-of-sight (i.e., see Claim 6 of US Patent No. 12,126,378).
Regarding claims 7, as similarly described above, Jadidian et al discloses
further comprising causing an adjustment of the second light-based communications beam in response to changes to the relative position of the remote headset with respect to the current position and orientation of the extended reality headset (i.e., see Claim 7 of US Patent No. 12,126,378).
Regarding claims 8, as similarly described above, Jadidian et al discloses
wherein causing the adjustment of the light-based communications beam comprises selecting a different light-based communication transceiver
to emit the light-based communications beam (i.e., see Claim 3 of US Patent No. 12,126,378).
Regarding claims 9, as similarly described above, Jadidian et al discloses further comprising sending the current position and orientation of the extended reality headset to a remote system via a secondary communications link (i.e., see Claim 8 of US Patent No. 12,126,378).
Regarding claims 10 and 15, as similarly described above, Jadidian et al discloses a system, comprising:
an extended reality headset configured to track position and orientation movement of the extended reality headset, the extended reality headset having one or more light-based communication transceivers coupled to the extended reality headset, wherein the light-based communication transceivers are located at predetermined locations of the extended reality headset; a light-based access point configured to transmit and receive light-based communication signals with one or more devices; and the extended reality headset comprising a computer storage medium having instructions stored thereupon which, when executed by a processor, cause the extended reality headset to:
determine a current position and orientation of the extended reality headset;
determine a relative position of the light-based access point with respect to the current position and orientation of the extended reality headset;
calculate a line-of-sight from the light-based communication transccivers to the light-based access point;
select one of the light-based communication transceivers based on the calculated line-of-sight;
cause the light-based communication transceivers to emit a light-based
communications beam from the selected one of the light-based communication
transceivers in accordance with the calculated line-of-sight; and
cause an adjustment of the light-based communications beam in response to changes to the relative position of the light-based access point with respect to the current position and orientation of the extended reality headset (i.e., see Claim 9 of US Patent No. 12,126,378).
Regarding claims 11 and 16, as similarly described above, Jadidian et al discloses wherein the adjustment of the light-based communications beam is caused by electrical steering (i.e., see Claim 10 of US Patent No. 12,126,378).
Regarding claims 12 and 17, as similarly described above, Jadidian et al discloses wherein the adjustment of the light-based communications beam is caused by mechanical steering (i.e., see Claim 11 of US Patent No. 12,126,378).
Regarding claims 13 and 18, as similarly described above, Jadidian et al discloses the extended reality headset further comprising instructions stored on the computer storage medium which, when executed by the processor, cause the
extended reality headset to send the current position and orientation of the extended reality headset to the light-based access point via a secondary communications link (i.e., see Claim 12 of US Patent No. 12,126,378).
Regarding claims 14 and 19, as similarly described above, Jadidian et al discloses wherein the light-based access point is further configured to: receive the current position and orientation from the extended reality headset; and in response to the received current position and orientation, cause an adjustment of a light-based communications beam emitted by the light-based access point in a direction of the received current position and orientation (i.e., see Claim 13 of US Patent No. 12,126,378).
Regarding claim 20, as similarly described above, Jadidian et al discloses the computer storage medium having instructions stored thereupon which, when executed by the processor, cause the head-mounted device to perform operations comprising: determine a relative position of a remote device with respect to the current position and orientation of the head-mounted device; calculate a second line-of-sight from the light-based communication transceivers to the remote device; cause the light-based communication transceivers to emit a second light-based communications beam in accordance with the calculated second line-of-sight; and cause an adjustment of the second light-based communications beam in response to changes to the relative position of the remote device with respect to the current position and orientation of the head-mounted device.
Allowable Subject Matter
Claims 1-20 are allowed (if overcome the double patenting above).
The following is an examiner’s statement of reasons for allowance:
Claims 1-9 are allowable because Stein et al (US Patent No. 9,838,119) and
Lam et al (Pub. No.: US 2021/0318409), takes alone or in combination, fails to teach determining a current position and orientation of the extended reality headset; determining a relative position of the remote transceiver with respect to the current position and orientation of the extended reality headset; calculating a line-of-sight from the light-based communication transceivers to the remote transceiver; selecting one of the light- based communication transceivers based on the calculated line- of-sight; causing the light-based communication transceivers to emit a light-based communications beam from the selected one of the light-based communication transceivers in accordance with the calculated line-of-sight; and causing an adjustment of the light-based communications beam in response to changes to the relative position of the remote transceiver with respect to the current position and orientation of the extended reality headset.
Claims 10-20 are allowable because Stein et al (US Patent No.
9,838,119) and Lam et al (Pub. No.: US 2021/0318409), takes alone or in combination, fails to teach an extended reality headset configured to
track position and orientation movement of the extended reality headset, the
extended reality headset having one or more light-based communication
transceivers coupled to the extended reality headset, wherein the light- based
communication transceivers are situated around a perimeter of the extended
reality headset; a light-based access point configured to transmit and receive
light-based communication signals with one or more devices; and the extended
reality headset comprising a computer storage medium having instructions stored
thereupon which, when executed by a processor, cause the extended reality
headset to: determine a current position and orientation of the extended reality
headset; determine a relative position of the light-based access point with respect
to the current position and orientation of the extended reality headset; calculate
a line-of-sight from the light-based communication transceivers to the light-based
access point; select one of the light-based communication transceivers based on
the calculated line-of-sight; cause the light-based communication transceivers to
emit a light-based communications beam from the selected one of the light-
based communication transceivers in accordance with the calculated line-of-sight;
and cause an adjustment of the light-based communications beam in response to
changes to the relative position of the light-based access point with respect to the
current position and orientation of the extended reality headset.
Any comments considered necessary by applicant must be submitted no
later than the payment of the issue fee and, to avoid processing delays, should
preferably accompany the issue fee. Such submissions should be clearly labeled
"Comments on Statement of Reasons for Allowance."
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
Stein et al (US Patent No. 9,838,119) discloses automatically steered optical wireless communication for mobile devices.
Lam et al (Pub. No.: US 2021/0318409) discloses apparatus and method for zone based positioning.
7. Any inquiry concerning this communication or earlier communications from
the examiner should be directed to Hanh Phan whose telephone number is
(571)272-3035. If attempts to reach the examiner by telephone are unsuccessful
the examiner's supervisor, Kenneth Vanderpuye, can be reached on (571)272-
3078. The fax phone number for the organization where this application or
proceeding is assigned is (571)273-8300. Any inquiry of a general nature or
relating to the status of this application or proceeding should be directed to the
receptionist whose telephone number is (703)305-4700.
/HANH PHAN/Primary Examiner, Art Unit 2634
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