CTNF 18/896,693 CTNF 81869 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification 06-11 AIA The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Double Patenting 08-33 AIA 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 in view of Sendai 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. 08-34 AIA Claim s 1 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1, 3, and 5 of U.S. Patent No. 12,135,432in view of Sendai (US 2014/0172432) . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 3, and 5 of U.S. Patent No. 12,135,432 in view of Sendai anticipated claims 1 and 2 . AN 18/896,693 US 12,135,432 a system comprising: at least a first wearable device and a second wearable device; and a server communicatively coupled to the first wearable device and the second wearable device, wherein the first wearable device is configured to transmit a first device identification, the second wearable device is configured to transmit a second device identification, the server is configured to manage first relation between the first device identification and the first wearable device and second relation between the second device identification and the second wearable device, the server is configured to receive at least one of the first device identification or the second device identification and identify at least one of the first wearable device or the second wearable device, the server is configured to generate a first image associated with the first wearable device or a second image associated with the second wearable device, the first image is different from the second image, the server is configured to transmit the first image to the first wearable device or transmit the second image to the second wearable device, the first wearable device is configured to be attached to a first display configured to display a first display image, the second wearable device is configured to be attached to a second display configured to display a second display image, A wearable device comprising: a display configured to display a display image; an optical component set comprising a lens configured to form a visual image at a position which is a distance away from a user of the wearable device, the visual image being formed from the display image; a user operable member configured to set an adjustment value relating to a projection angle of the visual image wherein the position of the visual image is changed by adjusting the projection angle of the visual image using the user operable member so that the visual image is displayed at a position according to at least one of a shape or a size of a head of the user; the first wearable device comprises a first optical component set comprising a first lens configured to form a first visual image at a position which is a distance away from the first user, the first visual image being formed from the first display image displayed by the first display; and a first user operable member configured to set an adjustment value relating to a projection angle of the first visual image, a position of the first visual image is changed by adjusting the projection angle of the first visual image using the first user operable member so that the first visual image is displayed at a position according to at least one of a shape or a size of the head of the first user; and the second wearable device comprises a second optical component set comprising a second lens configured to form a second visual image at a position which is a distance away from the second user, the second visual image being formed from the second display image displayed by the second display; and a second user operable member configured to set an adjustment value relating to a projection angle of the second visual image, a position of the second visual image is changed by adjusting the projection angle of the second visual image using the second user operable member so that the second visual image is displayed at a position according to at least one of a shape or a size of the head of the second user. a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. AN 18/896,693 1 2 US 12,135,432 1 3 5 The system of US 12,135,423 does not expressly disclose a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. Sendai discloses a camera that captures external images and based on relative movements of an object in the view of the user, a virtual image is placed in the proximity of the object (paragraph 125). It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA) or at the time of the effective filing date of the application (AIA) to modify system of US 12,135,423 to include a camera and position a virtual image to an real world object based on the relative movement of the object to the user of the HMD . 08-34 AIA Claim s 1 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 3 of U.S. Patent No. 11,789,279in view of Sendai (US 2014/0172432) . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 3 of U.S. Patent No. 11,789,279 in view of Sendai anticipated claims 1 and 2 . AN 18/896,693 US 11,789,279 a system comprising: at least a first wearable device and a second wearable device; and a server communicatively coupled to the first wearable device and the second wearable device, wherein the first wearable device is configured to transmit a first device identification, the second wearable device is configured to transmit a second device identification, the server is configured to manage first relation between the first device identification and the first wearable device and second relation between the second device identification and the second wearable device, the server is configured to receive at least one of the first device identification or the second device identification and identify at least one of the first wearable device or the second wearable device, the server is configured to generate a first image associated with the first wearable device or a second image associated with the second wearable device, the first image is different from the second image, the server is configured to transmit the first image to the first wearable device or transmit the second image to the second wearable device, the first wearable device is configured to be attached to a first display configured to display a first display image, the second wearable device is configured to be attached to a second display configured to display a second display image, A wearable device comprising: a display configured to display a display image; an optical component set comprising a lens configured to form a visual image at a position which is a distance away from a user of the wearable device, the visual image being formed from the display image; a user operable member configured to set an adjustment value relating to a projection angle of the visual image wherein the position of the visual image is changed by adjusting the projection angle of the visual image using the user operable member so that the visual image is displayed at a position according to at least one of a shape or a size of a head of the user; the first wearable device comprises a first optical component set comprising a first lens configured to form a first visual image at a position which is a distance away from the first user, the first visual image being formed from the first display image displayed by the first display; and a first user operable member configured to set an adjustment value relating to a projection angle of the first visual image, the second wearable device comprises a second optical component set comprising a second lens configured to form a second visual image at a position which is a distance away from the second user, the second visual image being formed from the second display image displayed by the second display; and a second user operable member configured to set an adjustment value relating to a projection angle of the second visual image, a position of the first visual image is changed by adjusting the projection angle of the first visual image using the first user operable member so that the first visual image is displayed at a position according to at least one of a shape or a size of the head of the first user; and a position of the second visual image is changed by adjusting the projection angle of the second visual image using the second user operable member so that the second visual image is displayed at a position according to at least one of a shape or a size of the head of the second user. a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. AN 18/896,693 1 2 US 11,789,279 1 3 The system of US 11,789,279 does not expressly disclose a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. Sendai discloses a camera that captures external images and based on relative movements of an object in the view of the user, a virtual image is placed in the proximity of the object (paragraph 125). It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA) or at the time of the effective filing date of the application (AIA) to modify system of US 11,789,279 to include a camera and position a virtual image to an real world object based on the relative movement of the object to the user of the HMD . 08-34 AIA Claim s 1 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 – 3 of U.S. Patent No. 10,671,849in view of Sendai (US 2014/0172432) . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 – 3 of U.S. Patent No. 10,671,849 in view of Sendai anticipated claims 1 and 2 . AN 18/896,693 US 10,671,849 A system comprising: at least a first wearable device and a second wearable device; and a server communicatively coupled to the first wearable device and the second wearable device, wherein the first wearable device is configured to transmit a first device identification, the second wearable device is configured to transmit a second device identification, the server is configured to receive at least one of the first device identification or the second device identification and identify at least one of the first wearable device or the second wearable device based on at least one of the first device identification or the second device identification, the first wearable device is configured to be attached to a first motion sensor and a first display, the first motion sensor configured to detect a movement of a head of a first user of the first wearable devices to output a first detection signal, and the first display configured to display a first display image, and the second wearable device is configured to be attached to a second motion sensor and a second display, the second motion sensor configured to detect a movement of a head of a second user of the second wearable devices to output a second detection signal, and the second display configured to display a second display image, A wearable device comprising: a display configured to display a display image; an optical component set comprising a lens configured to form a visual image at a position which is a distance away from a user of the wearable device, the visual image being formed from the display image; a user operable member configured to set an adjustment value relating to a projection angle of the visual image wherein the position of the visual image is changed by adjusting the projection angle of the visual image using the user operable member so that the visual image is displayed at a position according to at least one of a shape or a size of a head of the user; wherein the first wearable device comprises: a first optical component set comprising a first lens configured to form a first visual image at a position which is a distance away from the first user, the first visual image being formed from the first display image displayed by the first display; and a first user operable member configured to set an adjustment value relating to a projection angle of the first visual image, a position of the first visual image being changed by adjusting the projection angle of the first visual image using the first user operable member so that the first visual image is displayed at a position according to at least one of a shape or a size of the head of the first user, the second wearable device comprises: a second optical component set comprising a second lens configured to form a second visual image at a position which is a distance away from the second user, the second visual image being formed from the second display image displayed by the second display; and a second user operable member configured to set an adjustment value relating to a projection angle of the second visual image, a position of the second visual image is changed by adjusting the projection angle of the second visual image using the second user operable member so that the second visual image is displayed at a position according to at least one of a shape or a size of the head of the second user, wherein the server changes the first visual image displayed on the first display based on the first detection signal when the server receives the first detection signal; and the server changes the second visual image displayed on the second display based on the second detection signal when the server receives the second detection signal. a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. AN 18/896,693 1 2 US 10,671,849 1 2 3 The system of US 10,671,849 does not expressly disclose a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. Sendai discloses a camera that captures external images and based on relative movements of an object in the view of the user, a virtual image is placed in the proximity of the object (paragraph 125). It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA) or at the time of the effective filing date of the application (AIA) to modify system of US 10,671,849 to include a camera and position a virtual image to an real world object based on the relative movement of the object to the user of the HMD . 08-34 AIA Claim s 1 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 – 3 of U.S. Patent No. 10,679,059in view of Sendai (US 2014/0172432) . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 – 3 of U.S. Patent No. 10,679,059 in view of Sendai anticipated claims 1 and 2 . AN 18/896,693 US 10,679,059 A system comprising: a server; and a wearable device communicatively coupled to the server to receive a display image from the server, the wearable device configured to be attached to a motion sensor and a display, the motion sensor configured to detect a movement of a head of a user of the wearable device to output a detection signal and the display configured to display the display image from the server, A wearable device comprising: a display configured to display a display image; an optical component set comprising a lens configured to form a visual image at a position which is a distance away from a user of the wearable device, the visual image being formed from the display image; a user operable member configured to set an adjustment value relating to a projection angle of the visual image wherein the position of the visual image is changed by adjusting the projection angle of the visual image using the user operable member so that the visual image is displayed at a position according to at least one of a shape or a size of a head of the user; the wearable device comprising an optical component set comprising a lens configured to form a visual image at a position which is a distance away from the user, the visual image being formed from the display image and a user operable member configured to set an adjustment value relating to a projection angle of the visual image, wherein a position of the visual image is changed by adjusting the projection angle of the visual image using the user operable member so that the visual image is displayed at a position according to at least one of a shape or a size of the head, and wherein the server is configured to receive the detection signal and to change the visual image based on the detection signal a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. AN 18/896,693 1 2 US 10,679,059 1 2 3 The system of US 10,679,059 does not expressly disclose a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. Sendai discloses a camera that captures external images and based on relative movements of an object in the view of the user, a virtual image is placed in the proximity of the object (paragraph 125). It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA) or at the time of the effective filing date of the application (AIA) to modify system of US 10,679,059 to include a camera and position a virtual image to an real world object based on the relative movement of the object to the user of the HMD . 08-34 AIA Claim s 1 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1, 8, and 19 of U.S. Patent No. 10,685,232in view of Sendai (US 2014/0172432) . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 8, and 19 of U.S. Patent No. 10,685,232 in view of Sendai anticipated claims 1 and 2 . AN 18/896,693 US 10,685,232 A server connectable to a system wherein the system comprises: a wearable device configured to be attached to a motion sensor and a display, the motion sensor configured to detect a movement of a head of a user of the wearable device to output a detection signal and the display configured to display a display image, a first detecting module including a first detector configured to detect a movement of the user and a communication circuitry configured to transmit a result of detection by the first detector; A wearable device comprising: a display configured to display a display image; an optical component set comprising a lens configured to form a visual image at a position which is a distance away from a user of the wearable device, the visual image being formed from the display image; a user operable member configured to set an adjustment value relating to a projection angle of the visual image wherein the position of the visual image is changed by adjusting the projection angle of the visual image using the user operable member so that the visual image is displayed at a position according to at least one of a shape or a size of a head of the user; the wearable device comprising an optical component set including a lens configured to form a visual image at a position which is distance away from the user, the visual image being formed from the display image, and a user operable member configured to set an adjustment value relating to a projection angle of the visual image wherein a position of the visual image is changed by adjusting the projection angle of the visual image using the user operable member so that the visual image is displayed at a position according to at least one of a shape and a size of the head; a fixing member configured to fix the first detecting module to a portion of an apparatus, the portion being without a communication circuitry, and the portion being contactable by the user during work; and a second detecting module including a second detector configured to detect a state of the apparatus and a communication circuitry configured to transmit a result of detection by the second detector, wherein the server comprising a processor configured to identifying the user based on the detection signal when the user wears the wearable device, cause the display to display the display image indicative of at least a part of a work procedure for the identified user based on the movement of the user detected by the first detector and the state of the apparatus detected by the second detector, the part of the work procedure being indicative of actions to be performed by the user, and create a work record of the work procedure based on the movement of the user detected by the first detector and the state of the apparatus detected by the second detector, the work record including the work procedure and a completion time of each action of the work procedure. a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. AN 18/896,693 1 2 US 10,685,232 1 8 19 The system of US 10,685,232 does not expressly disclose a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. Sendai discloses a camera that captures external images and based on relative movements of an object in the view of the user, a virtual image is placed in the proximity of the object (paragraph 125). It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA) or at the time of the effective filing date of the application (AIA) to modify system of US 10,685,232 to include a camera and position a virtual image to an real world object based on the relative movement of the object to the user of the HMD . 08-34 AIA Claim s 1 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 – 3 of U.S. Patent No. 11,428,944in view of Sendai (US 2014/0172432) . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 – 3 of U.S. Patent No. 11,428,944 in view of Sendai anticipated claims 1 and 2 . AN 18/896,693 US 11,428,944 A system comprising: a server; and a wearable device communicatively coupled to the server to receive a display image from the server, the wearable device configured to be attached to a display configured to display the display image from the server, A wearable device comprising: a display configured to display a display image; an optical component set comprising a lens configured to form a visual image at a position which is a distance away from a user of the wearable device, the visual image being formed from the display image; a user operable member configured to set an adjustment value relating to a projection angle of the visual image wherein the position of the visual image is changed by adjusting the projection angle of the visual image using the user operable member so that the visual image is displayed at a position according to at least one of a shape or a size of a head of the user; wherein the wearable device comprises: an optical component set comprising a lens configured to form a visual image at a position which is a distance away from the user, the visual image being formed from the display image; a first user operable member configured to set an adjustment value relating to a projection angle of the visual image; and a position of the visual image is changed by adjusting the projection angle of the visual image using the first user operable member so that the visual image is displayed at a position according to at least one of a shape or a size of the head, a second user operable member, wherein the display image includes a menu image including at least one menu item for changing at least one of a color tone or a brightness of the visual image; and the at least one of the color tone or the brightness of the visual image is changed by selecting the at least one menu item using the second user operable member. a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. AN 18/896,693 1 2 US 11,428,944 1 2 3 The system of US 11,428,944 does not expressly disclose a camera configured to capture an image of the user; and a user movement analyzer configured to analyze a user movement based on the image of the user, wherein the display is configured to change the display image based on a result of analyzing the user movement. Sendai discloses a camera that captures external images and based on relative movements of an object in the view of the user, a virtual image is placed in the proximity of the object (paragraph 125). It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA) or at the time of the effective filing date of the application (AIA) to modify system of US 11,428,944 to include a camera and position a virtual image to an real world object based on the relative movement of the object to the user of the HMD. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY J CHOW whose telephone number is (571)272-8078. The examiner can normally be reached 11AM-7PM. 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, Devona Faulk can be reached on 571-272-7515. 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. /JEFFREY J CHOW/Primary Examiner, Art Unit 2618 Application/Control Number: 18/896,693 Page 2 Art Unit: 2618 Application/Control Number: 18/896,693 Page 3 Art Unit: 2618 Application/Control Number: 18/896,693 Page 4 Art Unit: 2618 Application/Control Number: 18/896,693 Page 5 Art Unit: 2618 Application/Control Number: 18/896,693 Page 6 Art Unit: 2618 Application/Control Number: 18/896,693 Page 8 Art Unit: 2618 Application/Control Number: 18/896,693 Page 9 Art Unit: 2618 Application/Control Number: 18/896,693 Page 10 Art Unit: 2618 Application/Control Number: 18/896,693 Page 11 Art Unit: 2618 Application/Control Number: 18/896,693 Page 12 Art Unit: 2618 Application/Control Number: 18/896,693 Page 13 Art Unit: 2618 Application/Control Number: 18/896,693 Page 14 Art Unit: 2618 Application/Control Number: 18/896,693 Page 15 Art Unit: 2618 Application/Control Number: 18/896,693 Page 16 Art Unit: 2618 Application/Control Number: 18/896,693 Page 17 Art Unit: 2618 Application/Control Number: 18/896,693 Page 18 Art Unit: 2618 Application/Control Number: 18/896,693 Page 19 Art Unit: 2618 Application/Control Number: 18/896,693 Page 20 Art Unit: 2618 Application/Control Number: 18/896,693 Page 21 Art Unit: 2618 Application/Control Number: 18/896,693 Page 22 Art Unit: 2618 Application/Control Number: 18/896,693 Page 23 Art Unit: 2618
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