DETAILED ACTION
This Office Action is in response to the Preliminary Amendment filed on 12/04/2024.
In the instant application, claim 1 is cancelled; Claims 2-21 are newly added; Claims 2, 9 and 16 are independent claims; Claims 2-21 have been examined and are pending. This action is made non-final.
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 .
Drawings
The drawings submitted on 09/26/2024 are acceptable.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/13/2024 and 01/28/2026 were filed before the mailing date of the first office action on the merits. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 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).
Independent Claims 2, 9 and 16 are rejected on the ground of nonstatutory double patenting over claims 1, 17 and 20 of U. S. Patent No. 12132770 (hereinafter 770’) since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
Instant Application 18/897,187
Patent 770’
Claim 2:
A method comprising:
+ presenting, at a first communication device, a non-immersive GUI for a multi user communication session in which the first communication device and a second communication device are active, wherein the second communication device is configured to present an immersive GUI for the multi user communication session, and wherein the immersive GUI comprises a graphical representation of one or more components in an enhanced reality environment shared among the first communication device and the second communication device;
+ receiving a selection of a first component of the one or more components in the non-immersive GUI; and
+ transmitting, to the second communication device, an indication of the selection, wherein in response to receiving the indication, the second communication device presents a movement of a virtual representation of a user of the first communication device toward the first component in the immersive GUI.
Claim 9:
A non-transitory computer readable medium comprising computer readable code executable by one or more processors to: present, at a first communication device, a non-immersive GUI for a multi user communication session in which the first communication device and a second communication device are active, wherein the second communication device is configured to present an immersive GUI for the multi user communication session, and wherein the immersive GUI comprises a graphical representation of one or more components in an enhanced reality environment shared among the first communication device and the second communication device;
+ receive a selection of a first component of the one or more components in the non-immersive GUI; and
+ transmit, to the second communication device, an indication of the selection, wherein in response to receiving the indication, the second communication device presents a movement of a virtual representation of a user of the first communication device toward the first component in the immersive GUI.
Claim 16:
A system comprising: one or more processors; and one or more computer readable media comprising computer readable code executable by the one or more processors to:
+ present, at a first communication device, a non-immersive GUI for a multi user communication session in which the first communication device and a second communication device are active, wherein the second communication device is configured to present an immersive GUI for the multi user communication session, and wherein the immersive GUI comprises a graphical representation of one or more components in an enhanced reality environment shared among the first communication device and the second communication device;
+ receive a selection of a first component of the one or more components in the non-immersive GUI; and
+ transmit, to the second communication device, an indication of the selection, wherein in response to receiving the indication, the second communication device presents a movement of a virtual representation of a user of the first communication device toward the first component in the immersive GUI.
Claim 1:
A method comprising:
+ receiving, at a first communication device, first data associated with a multi user communication session between a first user of the first communication device and a second user of a second communication device, wherein the first communication device supports a non-immersive graphical user interface (GUI) and wherein the second communication device supports an extended reality GUI;
+ presenting, at the first communication device, the non-immersive GUI comprising a listing of a graphical representation of at least some of a plurality of components present within the multi user communication session based on the first data associated with the multi user communication session, the plurality of components comprising a virtual object a representation of the second user;
+ receiving a selection of the virtual object in the non-immersive GUI; and
+ updating, at the first communication device, the non-immersive GUI to present a view of a portion of the multi user communication session comprising the selected virtual object in response to the selection.
Claim 17:
A non-transitory computer readable storage device storing instructions executable by one or more processors to: receive, at a first communication device, first data associated with a multi user communication session between a first user of the first communication device and a second user of a second communication device, wherein the first communication device supports a non-immersive graphical user interface (GUI) and wherein the second communication device supports an extended reality GUI;
+ present, at the first communication device, the non-immersive GUI comprising a listing of a graphical representation of at least some of a plurality of components present within the multi user communication session based on the first data associated with the multi user communication session, the plurality of components comprising a virtual object a representation of the second user;
+ receive a selection of the virtual object in the non-immersive GUI; and
+ update, at the first communication device, the non-immersive GUI to present a view of a portion of the multi user communication session comprising the selected virtual object in response to the selection.
Claim 20:
A system comprising: a first communication device including: one or more processors; and a memory storing instructions executable by the one or more processors to:
+ receive first data associated with a multi user communication session between a first user of the first communication device and a second user of a second communication device, wherein the first communication device supports a non-immersive graphical user interface (GUI) and wherein the second communication device supports an extended reality GUI;
+ present the non-immersive GUI comprising a listing of a graphical representation of at least some of a plurality of components present within the multi user communication session based on the first data associated with the multi user communication session, the plurality of components comprising a virtual object a representation of the second user;
+ receiving a selection of the virtual object in the non-immersive GUI; and
+ updating, at the first communication device, the non-immersive GUI to present a view of a portion of the multi user communication session comprising the selected virtual object in response to the selection.
As can be seen from the table above, independent Claim 2 of the instant application is anticipated by Claim 1 of 770’, in that Claim 1 of 770’ contains all the limitations of Claim 2 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting. Claims 9 and 16 are similarly mapped to claims 17 and 20, respectively of 770’ as such is unpatentable for obvious-type double patenting. The instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof.”
Allowable Subject Matter
Claims 2-21 are allowed when the double patenting issues are resolved.
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action. For example: Ouyang et al. (US 2016/0234268) – system and method for managing content in a virtual meeting.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275,277 (CCPA 1968)).
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tam T. Tran whose telephone number is (571) 270-5029. The examiner can normally be reached M-F: 7:30 AM - 5:00 PM.
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 L. Bashore can be reached on 571-272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAM T TRAN/Primary Examiner, Art Unit 2174
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