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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 20, 2026 has been entered.
Claim Objections
Claims 21 – 31 are objected to because of the following informalities: Claim 21 contains the limitation “receive at the HMD or a base station for the HMD (Emphasis Added)…” However, Claim 21 previously included the limitation “a wired or wireless interface connecting the accessory to the HMD or a base station for the HMD (Emphasis Added)…” It is unclear whether the applicant is attempting to refer to the previously introduced base station OR introduce a new second base station. Solely for the sake of examination, the examiner assumes this to be a typo and that the applicant was attempting to reference the previously introduced base station, and the claim will be treated as such. Claims 22 – 31 inherit this objection. Appropriate correction is required.
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)(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 21 – 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rabinovich et al. (U.S. PG Pub 2018/0053056).
Regarding Claim 21, Rabinovich et al. teach a system, comprising:
an accessory (Figures 6 and 8, Element 606. Paragraph 91) configured to be hand-held (Figure 6, Element 606. Paragraph 82) or worn by a user of a head mounted display (HMD) (Figures 6 and 8, Element 58. Paragraph 91), wherein the accessory (Figures 6 and 8, Element 606. Paragraph 91) comprises:
a range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) configured to emit a signal;
a range finding receiver (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) configured to receive a reflected version of the signal; and
a wired or wireless (Figure 8, Element 94. Paragraph 91) interface connecting the accessory (Figures 6 and 8, Element 606. Paragraph 91) to the HMD (Figures 6 and 8, Element 58. Paragraph 91) or a base station (Figures 6 and 8, Element 70. Paragraph 82) for the HMD (Figures 6 and 8, Element 58. Paragraph 91), and
one or more processors (Figure 8, Element 128. Paragraph 94); and
one or more memories (Paragraph 63) comprising program instructions (Paragraph 200) that are executable by the one or more processors (Figure 8, Element 128. Paragraph 94) to:
receive at the HMD (Figures 6 and 8, Element 58. Paragraph 91) or a base station (Figures 6 and 8, Element 70. Paragraph 82) for the HMD (Figures 6 and 8, Element 58. Paragraph 91), via the wired or wireless (Figure 8, Element 94. Paragraph 91) interface, information from the accessory (Figures 6 and 8, Element 606. Paragraph 91) indicating distances and/or relative positions (Paragraph 185) of surfaces and/or objects (Paragraph 185) in an environment (Seen in Figure 6) of the HMD (Figures 6 and 8, Element 58. Paragraph 91); and
augment (Element Adjusted information. Paragraph 184) distance and/or relative position data (Paragraph 185) for the objects (Paragraphs 184 and 161) in the environment determined, from the perspective of the HMD (Figures 6 and 8, Element 58. Paragraph 91), using a range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the HMD (Figures 6 and 8, Element 58. Paragraph 91) with the received information from the accessory (Figures 6 and 8, Element 606. Paragraph 91) that has been determined from the perspective of the accessory (Figures 6 and 8, Element 606. Paragraph 91).
Regarding Claim 22, Rabinovich et al. teach the system of claim 21 (See Above), wherein the received information from the accessory (Figures 6 and 8, Element 606. Paragraph 91) provides distance and/or relative position data (Paragraph 185) for portions of the environment that are not represented (Figure 6, Elements 92 – 100. Paragraph 91) in range finding information determined using the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the HMD (Figures 6 and 8, Element 58. Paragraph 91).
Regarding Claim 23, Rabinovich et al. teach the system of claim 21 (See Above), wherein the program instructions (Paragraph 200) are further executable by the one or more processors (Figure 8, Element 128. Paragraph 94) to:
detect a potential collision (Paragraph 185) of the user with the surfaces or the objects in the environment of the HMD (Figures 6 and 8, Element 58. Paragraph 91) based, at least in part, on the augmented (Element Adjusted information. Paragraph 184) distance and/or relative position data (Paragraph 185) for the environment; and
provide one or more of audio, visual, or haptic feedback (Paragraph 94. Rabinovich et al. discloses “…RADAR, and LIDAR systems may provide yet further location and/or orientation information and feedback.”) to the user, via the HMD (Figures 6 and 8, Element 58. Paragraph 91) or the accessory (Figures 6 and 8, Element 606. Paragraph 91), to indicate the potential collision (Paragraph 185).
Regarding Claim 24, Rabinovich et al. teach the system of claim 21 (See Above), wherein the program instructions (Paragraph 200) are further executable by the one or more processors (Figure 8, Element 128. Paragraph 94) to: determine, based on the information received from the accessory (Figures 6 and 8, Element 606. Paragraph 91) and/or based on information received from the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the HMD (Figures 6 and 8, Element 58. Paragraph 91), a relative position and/or orientation (Paragraph 94) of the accessory (Figures 6 and 8, Element 606. Paragraph 91) with respect to the HMD (Figures 6 and 8, Element 58. Paragraph 91).
Regarding Claim 25, Rabinovich et al. teach the system of claim 24 (See Above), wherein: the accessory (Figures 6 and 8, Element 606. Paragraph 91) further comprises an inertial measurement unit (IMU) (Figure 6, Element 650. Paragraphs 75 and 82); and
the received information from the accessory (Figures 6 and 8, Element 606. Paragraph 91) comprises motion and/or orientation information for the accessory (Figures 6 and 8, Element 606. Paragraph 91) determined using the IMU (Figure 6, Element 650. Paragraphs 75 and 82) of the accessory (Figures 6 and 8, Element 606. Paragraph 91).
Regarding Claim 26, Rabinovich et al. teach the system of claim 24 (See Above), wherein: the HMD (Figures 6 and 8, Element 58. Paragraph 91) further comprises an inertial measurement unit (IMU) (Figure 8, Element 102. Paragraph 94); and
the relative position and/or orientation (Paragraph 94) of the accessory (Figures 6 and 8, Element 606. Paragraph 91) with respect to the HMD (Figures 6 and 8, Element 58. Paragraph 91) is further determined, at least in part, based on motion and/or orientation information for the HMD (Figures 6 and 8, Element 58. Paragraph 91) determined using the IMU (Figure 8, Element 102. Paragraph 94) of the HMD (Figures 6 and 8, Element 58. Paragraph 91).
Regarding Claim 27, Rabinovich et al. teach the system of claim 21 (See Above), wherein the program instructions (Paragraph 200) are further executable by the one or more processors (Figure 8, Element 128. Paragraph 94) to: generate a map (Paragraph 185) of the environment based, at least in part, on the augmented (Element Adjusted information. Paragraph 184) distances and/or relative position data (Paragraph 185) for the surfaces and/or objects in the environment (Seen in Figure 6).
Regarding Claim 28, Rabinovich et al. teach the system of claim 21 (See Above), wherein the accessory (Figures 6 and 8, Element 606. Paragraph 91) is a watch (Figures 6 and 8, Element 606. Paragraph 82. Rabinovich et al. discloses “For example, the user can hold the controller 606 in his or her hand, or the controller could be mounted to the user's hand or arm (e.g., as a ring or bracelet or as part of a glove worn by the user).”) worn by the user.
Regarding Claim 29, Rabinovich et al. teach the system of claim 21 (See Above), wherein the accessory (Figures 6 and 8, Element 606. Paragraph 91) is a controller held (Figures 6 and 8, Element 606. Paragraph 91) or worn by the user.
Regarding Claim 30, Rabinovich et al. teach the system of claim 21 (See Above), wherein the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the accessory (Figures 6 and 8, Element 606. Paragraph 91) and/or the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the HMD (Figures 6 and 8, Element 58. Paragraph 91) comprise: an ultrasonic transmitter (Paragraph 146).
Regarding Claim 31, Rabinovich et al. teach the system of claim 21 (See Above), wherein the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the accessory (Figures 6 and 8, Element 606. Paragraph 91) and/or the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the HMD (Figures 6 and 8, Element 58. Paragraph 91) comprise: a LiDAR transmitter (Paragraph 92).
Regarding Claim 32, Rabinovich et al. teach a method, comprising:
receiving, at a head mounted display (HMD) (Figures 6 and 8, Element 58. Paragraph 91) or a base station (Figures 6 and 8, Element 70. Paragraph 82) for the HMD (Figures 6 and 8, Element 58. Paragraph 91), via a wired or wireless (Figure 8, Element 94. Paragraph 91) interface, information from an accessory (Figures 6 and 8, Element 606. Paragraph 91) indicating distances and/or relative positions (Paragraph 185) of surfaces and/or objects in an environment of the HMD (Figures 6 and 8, Element 58. Paragraph 91), wherein the accessory (Figures 6 and 8, Element 606. Paragraph 91) is hand-held (Figure 6, Element 606. Paragraph 82) or worn by a user of the HMD (Figures 6 and 8, Element 58. Paragraph 91), and wherein the accessory (Figures 6 and 8, Element 606. Paragraph 91) comprises a range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) that emits a signal and a range finding receiver (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) that receives a reflected version of the signal; and
augmenting (Element Adjusted information. Paragraph 184) a virtual view of the environment (Seen in Figure 1) generated based on sensors of the HMD (Figures 6 and 8, Element 58. Paragraph 91) with virtual representations of real-world objects (Paragraphs 184 and 161) in the environment determined using the received information from the accessory (Figures 6 and 8, Element 606. Paragraph 91) that has been determined from the perspective of the accessory (Figures 6 and 8, Element 606. Paragraph 91), wherein the virtual representations of the real-world objects (Paragraphs 184 and 161) are overlaid or composited into the virtual view of the environment (Seen in Figure 6).
Regarding Claim 33, Rabinovich et al. teach the method of claim 32 (See Above), wherein the received information from the accessory (Figures 6 and 8, Element 606. Paragraph 91) provides distance and/or relative position data (Paragraph 185) for portions of the environment that are not represented (Figure 6, Elements 92 – 100. Paragraph 91) in range finding information determined using the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the HMD (Figures 6 and 8, Element 58. Paragraph 91).
Regarding Claim 34, Rabinovich et al. teach the method of claim 32 (See Above), further comprising:
detecting a potential collision (Paragraph 185) of the user with the surfaces or the objects in the environment (Seen in Figure 6) based, at least in part, on the augmented (Element Adjusted information. Paragraph 184) distance and/or relative position data (Paragraph 185) for the environment; and
providing one or more of audio, visual, or haptic feedback (Paragraph 94. Rabinovich et al. discloses “…RADAR, and LIDAR systems may provide yet further location and/or orientation information and feedback.”) to the user, via the HMD (Figures 6 and 8, Element 58. Paragraph 91) or the accessory (Figures 6 and 8, Element 606. Paragraph 91), to indicate the potential collision (Paragraph 185).
Regarding Claim 35, Rabinovich et al. teach the method of claim 32 (See Above), further comprising: determining, based on the information received from the accessory (Figures 6 and 8, Element 606. Paragraph 91) and/or based on information received from the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the HMD (Figures 6 and 8, Element 58. Paragraph 91), a relative position and/or orientation (Paragraph 94) of the accessory (Figures 6 and 8, Element 606. Paragraph 91) with respect to the HMD (Figures 6 and 8, Element 58. Paragraph 91).
Regarding Claim 36, Rabinovich et al. teach the method of claim 32 (See Above), further comprising: generating a map (Paragraph 185) of the environment based, at least in part, on the augmented (Element Adjusted information. Paragraph 184) distances and/or relative position data (Paragraph 185) for the surfaces and/or objects in the environment (Seen in Figure 6).
Regarding Claim 37, Rabinovich et al. teach the method of claim 32 (See Above), wherein the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the accessory (Figures 6 and 8, Element 606. Paragraph 91) and/or the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the HMD (Figures 6 and 8, Element 58. Paragraph 91) comprise: an ultrasonic transmitter (Paragraph 146).
Regarding Claim 38, Rabinovich et al. teach the method of claim 32 (See Above), wherein the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the accessory (Figures 6 and 8, Element 606. Paragraph 91) and/or the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the HMD (Figures 6 and 8, Element 58. Paragraph 91) comprise: a LiDAR transmitter (Paragraph 92).
Regarding Claim 39, Rabinovich et al. teach one or more non-transitory, computer-readable storage media, storing program instructions (Paragraph 200) that, when executed using one or more processors (Figure 8, Element 128. Paragraph 94), cause the one or more processors (Figure 8, Element 128. Paragraph 94) to:
receive, at a head mounted display (HMD) (Figures 6 and 8, Element 58. Paragraph 91) or a base station (Figures 6 and 8, Element 70. Paragraph 82) for the HMD (Figures 6 and 8, Element 58. Paragraph 91), information from an accessory (Figures 6 and 8, Element 606. Paragraph 91) indicating distances and/or relative positions (Paragraph 185) of surfaces and/or objects in an environment of an HMD (Figures 6 and 8, Element 58. Paragraph 91), wherein the accessory (Figures 6 and 8, Element 606. Paragraph 91) is hand-held (Figure 6, Element 606. Paragraph 82) or worn by a user of the HMD (Figures 6 and 8, Element 58. Paragraph 91); and
augment (Element Adjusted information. Paragraph 184) a virtual view of the environment (Seen in Figure 1) generated based on sensors of the HMD (Figures 6 and 8, Element 58. Paragraph 91) with virtual representations of real-world objects (Paragraphs 184 and 161) in the environment determined using the received information from the accessory (Figures 6 and 8, Element 606. Paragraph 91) that has been determined from the perspective of the accessory (Figures 6 and 8, Element 606. Paragraph 91), wherein the virtual representations of the real-world objects (Paragraphs 184 and 161) are overlaid or composited into the virtual view of the environment (Seen in Figure 6).
Regarding Claim 40, Rabinovich et al. teach the one or more non-transitory, computer-readable storage media of claim 39 (See Above), wherein the received information from the accessory (Figures 6 and 8, Element 606. Paragraph 91) provides distance and/or relative position data (Paragraph 185) for portions of the environment that are not represented (Figure 6, Elements 92 – 100. Paragraph 91) in range finding information determined using the range finding transmitter (Figures 8 and 16, Elements 106 and 108. Paragraphs 92 and 126) of the HMD (Figures 6 and 8, Element 58. Paragraph 91).
Response to Arguments
Regarding the first argument, in which the applicant asserts that Rabinovich et al. fails to teach the newly added limitations of at least Claim 32. The examiner respectfully disagrees with the applicant’s assertion. Rabinovich et al. discloses “The head mounted wearable component (58) also features a processor (128) and one or more IMUs (102). Each of the components preferably are operatively coupled to the processor (128). The hand held component (606) and local processing and data module (70) are illustrated featuring similar components. As shown in FIG. 8, with so many sensing and connectivity means, such a system is likely to be heavy, power hungry, large, and relatively expensive. However, for illustrative purposes, such a system may be utilized to provide a very high level of connectivity, system component integration, and position/orientation tracking. For example, with such a configuration, the various main mobile components (58, 70, 606) may be localized in terms of position relative to the global coordinate system using WiFi, GPS, or Cellular signal triangulation; beacons, electromagnetic tracking (as described herein), RADAR, and LIDAR systems may provide yet further location and/or orientation information and feedback. Markers and cameras also may be utilized to provide further information regarding relative and absolute position and orientation. For example, the various camera components (124), such as those shown coupled to the head mounted wearable component (58), may be utilized to capture data which may be utilized in simultaneous localization and mapping protocols, or “SLAM”, to determine where the component (58) is and how it is oriented relative to other components. (Paragraph 94. Emphasis Added).” This disclosure clearly shows that various components HMD (Element 58) and/or controller (Element 606), which are both shown to have cameras (Element 124), can provide information for position and orientation. Rabinovich et al. further discloses “The map (also referred to as a “passable world model”) may be a large database comprising raster imagery, 3-D and 2-D points, parametric information and other information about the real world. As more and more AR users continually capture information about their real environment (e.g., through cameras, sensors, IMUs, etc.), the map becomes more and more accurate and complete (Paragraph 66. Emphasis Added).” Therefore, camera (Elements 124) that are located on the HMD, the belt pack, and the controller are used to map the environment. The Office is unmoved by the applicant’s assertion and the rejection is maintained.
All other arguments found moot in light of the above rejection and/or the response to the first argument and/or the response to the first and/or second argument in the Advisory Action (April 2, 2026).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW B SCHNIREL whose telephone number is (571)270-7690. The examiner can normally be reached Monday - Friday, 10 - 6 EST.
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, William Boddie can be reached at 571-272-0666. 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.
/A.B.S/Examiner, Art Unit 2625
/WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625
Prosecution Insights