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 .
DETAILED ACTION
1. This is in response to amendment filed on 09/19/2024 in which claim 1-20 are presented for examination.
Status of claims
2. Claims 1-20 are pending, of which claims 1, 11 and 17 are in independent form.
Double Patenting
3. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 rejected on the ground of nonstatutory double patenting over claims 1-20 of US Patent 11,531,402 and Claims 1-20 of US Patent 12,135,840. This is a double patenting rejection because the patentably indistinct claims have not in fact been patented.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as claims 1-20 of the current application are broadened versions of claims 1-20 of US Patent 111,531,402 and Claims 1-20 of US Patent 12,135,840.
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.
4. Claims 1-3, 5-12, 14-18 and 20 are rejected under 35 U.S.C 103 as being unpatentable over Hilliges (US PG Pub 2012/0113223) published on May 10, 2012 in view of YUN (US PG Pub 2015/0269783) published on September 24, 2015 in further view of Park (US PG Pub 2013/0097549) published on April 18, 2013.
As per claim 1, 11 and 17, A method of presenting icons using an eyewear device comprising a camera and a display, the method comprising:
capturing frames of video data with the camera(Para[0002] capturing images using video camera, as taught by Hilliges);
-detecting a palmar surface of a first hand and a fingertip of a second hand in the frames of video data(fig 3 Para[0042-0043] discloses palm surface of one hand and fingertip of an another hand, as taught by Hilliges);
defining an input plane along the palmar surface(fig 3 Para[0042-0043] discloses palm surface of one hand and fingertip of an another hand. Input on a palm surface, as taught by Hilliges);;
estimating a current eyewear location relative to the input plane (fig 1 Para[0025] discloses head mounted device worn device relative to the user’s hand, as taught by Hilliges);
defining a display plane relative to the display(Para[0038] augmented reality environment 102 displayed on the display device, as taught by Hilliges);
calculating a correlation between the input plane and the display plane based on the current eyewear location(Para[0038][0042-0045] shows correlation between the icons(308-316) and in the finger. the user 100 can select a "copy" function by touching the tip of the thumb of the non-dominant hand 302 with a digit of the dominant hand. It is obvious to one with an ordinary skill in the art that there is a calculated correlation between the finger and icon, as taught by Hilliges);
estimating a current fingertip location relative to the input plane(fig 3-5 shown fingertip on a input location, as taught by Hilliges); and
Hilliges does not explicitly teach presenting on the display a plurality of keys in accordance with the correlation, such that the plurality of keys appears persistently along the input plane;
detecting a selecting action based on the current fingertip location relative to the plurality of keys, wherein the selecting action is associated with a first key and characterized by the fingertip touching the palmar surface of the first hand near the input plane; presenting on the display a first icon associated with the first key.
On the other hand, Yun teaches presenting on the display a plurality of keys in accordance with the correlation, such that the plurality of keys appears persistently along the input plane(fig 7 shows keyboard on a palm of a hand, as taught by Yun);
detecting a selecting action based on the current fingertip location relative to the plurality of keys, wherein the selecting action is associated with a first key and characterized by the fingertip touching the palmar surface of the first hand near the input plane(fig 1E, 7, 10c-d and 15b para[0181]shows keyboard on a palm of a hand. When an input of selecting the key 1050 is received from the user, the wearable device 100 may display the second virtual input interface, as taught by Yun);
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Hilliges invention with the teaching of Yun because doing so would result in reduce difficult for the user to control the smart glasses by using only a voice command if a text input is required. Thus, a wearable system that provides various input interaction methods is required.
the combination of Hilliges and Yun does not teach
presenting on the display a first icon associated with the first key.
On the other hand, Park teaches presenting on the display a first icon associated with the first key(Para[0060-0071][0081-0085] fig 3-5 based on the selection of the key, application icon corresponds to the alphanumeric key displays, as taught by Park).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Hilliges and Yun invention with the teaching of Park because doing so would result in increased efficiency by allowing the user easily select and launch application of their choice.
As per claim 2, 12 and 18, the combination of Hilliges, Yun and Park teaches further comprising: detecting a subsequent selecting action associated with a subsequent key(Para[0053-0065] execution items for N (N is natural number) numbers of searched contents may be provided through a pop-up window on the selected button. Then a user may select one of the execution items in order to execute desired content, as taught by Park); and
presenting on the display a subsequent icon associated with the subsequent key, wherein the plurality of keys comprises a set of alphanumeric characters, and wherein the first icon and one or more of the subsequent icons appear in the display plane as a word based on the set of alphanumeric characters(Para[0053-0065] When a user selects one of the alphanumeric buttons 310 of the dedicated keyboard 350, contents starting from a character (e.g., alphabet, number, vernacular, and vernacular initial phoneme) assigned to the selected button may be searched. As a result, execution items for N (N is natural number) numbers of searched contents may be provided through a pop-up window on the selected button. Then a user may select one of the execution items in order to execute desired content, as taught by Park);.
As per claim 3, the combination of Hilliges, Yun and Park teaches further comprising: presenting
on the display a text box along the display plane(fig 10A e.g. 1020, as taught by Yun); and presenting
on the display a border at least partly surrounding the text box(fig 10A shown input region and display
region of the input, as taught by Yun).
As per claim 5, the combination of Hilliges, Yun and Park teaches further comprising: defining a map characterized by a set of three-dimensional coordinates associated with each of the plurality of keys(Para[0042-0045], as taught by Hilliges), wherein detecting the selecting action comprises detecting the current fingertip location relative to the map(Para[0042-0048], as taught by Hilliges),.
As per claim 6 and 14, the combination of Hilliges, Yun and Park teaches wherein presenting the plurality of keys comprises: projecting the plurality of keys onto the palmar surface in accordance with the correlation using an auxiliary projector coupled to the eyewear device(Para[0098-0099], as taught by Yun).
As per claim 7, the combination of Hilliges, Yun and Park teaches wherein defining the input plane comprises resizing the input plane relative to the palmar surface(Para[0155-0159], as taught by Yun).
As per claim 8, the combination of Hilliges, Yun and Park teaches wherein presenting the plurality of keys comprises resizing one or more of the plurality of keys(Para[056] a second keyboard having a second size as the virtual input interface to be displayed on the optical display 121, wherein the second size is smaller than the first size, as taught by Yun).
As per claim 9, the combination of Hilliges, Yun and Park teaches wherein defining the input plane comprises: selecting a surface of the first hand(fig 10A, as taught by Yun), wherein the surface comprises a region selected from a group consisting of the palmar surface(fig 10A, as taught by Yun), a dorsal surface, a hypothenar eminence, and a thenar eminence; and
associating the input plane with the surface(fig 10A-D Para[0178-0181], as taught by Yun).
As per claim 10 and 16, the combination of Hilliges, Yun and Park teaches wherein detecting the selecting action comprises detecting a gesture selected from a gesture group consisting of: a tapping gesture characterized by the current fingertip location moving(Para[0398], as taught by Yun), relative to the input plane, upward from an initial depth to within a predefined lifted depth, downward to at least the initial depth, and then upward to within a predefined return depth, and a pressing gesture characterized by the current fingertip location moving, relative to the input plane, downward from an initial depth to within a predefined pressing depth for at least a minimum pressing duration, and then upward to at least the initial depth.
As per claim 15 and 20, the combination of Hilliges, Yun and Park teaches wherein execution of the programming further configures the eyewear device to perform additional functions, including functions to: select a surface of the first hand(fig 10A, as taught by Yun), wherein the surface comprises a region selected from a group consisting of the palmar surface(fig 10A, as taught by Yun), a dorsal surface, a hypothenar eminence, and a thenar eminence; associate the input plane with the surface; and resize the input plane relative to the surface(Para[0155-0159], as taught by Yun).
5. Claims 4, 13 and 19 are rejected under 35 U.S.C 103 as being unpatentable over Hilliges (US PG Pub 2012/0113223) published on May 10, 2012 in view of YUN (US PG Pub 2015/0269783) published on September 24, 2015 in further view of Park (US PG Pub 2013/0097549) published on April 18, 2013 in further view of SEO (US PG Pub 2015/0253862) published on September 10, 2015.
As per claim 4, the combination of Hilliges, Yun and Park teaches further comprising:
presenting the first icon near the current element position(fig 3, as taught by Hilliges); and
the combination of Hilliges, Yun and Park does not teach
presenting on the display a movable element at a current element position relative to the display plane;
presenting the movable element at a next element position adjacent the first icon.
On the other hand, SEO teaches presenting on the display a movable element at a current element position relative to the display plane(Para[0179-0183] user drag displayed elements from one position to an another position, as taught by SEO);
presenting the movable element at a next element position adjacent the first icon(fig 13-14, as taught by SEO).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Hilliges, Yun and Park invention with the teaching of SEO because doing so would result in increased visibility by allowing the easily select and manipulate the displayed elements.
As per claim 13 and 19, the combination of Hilliges, Yun and Park teaches wherein execution of
the programming further configures the eyewear device to perform additional functions, including
functions to:
present on the display a text box along the display plane(fig 10A e.g. 1020, as taught by Yun); and
present on the display a border at least partly surrounding the text box(fig 10A shown input region
and display region of the input, as taught by Yun);
present on the display a movable element at a current element position relative to the text box(Para[0179-0183] user drag displayed elements from one position to an another position, as taught by SEO); present the first icon near the current element position(fig 3, as taught by Hilliges); and present the movable element at a next element position adjacent the first icon(fig 13-14, as taught by SEO).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYEEZ R CHOWDHURY whose telephone number is (571)270-3069. The examiner can normally be reached Monday-Friday 9AM-6:30PM EST.
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/RAYEEZ R CHOWDHURY/Primary Examiner, Art Unit 2174 Thursday, June 18, 2026
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