DETAILED ACTION
This Non-Final communication is in response to Application No. 18/915,143 filed 10/14/2024 which is a continuation of Application Nos. 14/839,912 (abandoned), 16/775,528 (U.S. Patent 11,402,968), and 17/878,792 (U.S. Patent 12,118,181) and claims priority from Provisional Application Nos. 62/044,959 (filed 9/2/2014), 62/129,754 (filed 3/6/2015), and 62/172,223 (filed 6/7/2015). The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Preliminary amendments were received on 1/13/2025 and 10/01/2025 which canceled claim 1, added new claims 2-28, and amended the specification (which are excepted and entered). Claims 2-28 have been examined.
Title
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.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. It appears Provisional Application No. 62/172,223 (filed 6/7/2015) is the earliest of the prior-filed applications providing support for the invention of claims.
Claim Objections
Claim 19 is objected to because of the following informalities: it appears
“19. The non-transitory computer-readable storage medium of claim 11, wherein the one or more input devices that are used to detect the electronic device being raised include an accelerometer” was intended.
Appropriate correction is required.
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 2, 4-9, 11, 13-18, 20, and 22-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, 17-28, and 33-43 of U.S. Patent No.10,073,590 hereinafter (“Reference”). Although the claims at issue are not identical, they are not patentably distinct from each other. The instant claims are a mere broadening of the claims of the Reference, such that the features of determining a device is raised and displaying a selectable sequence of images including a representative image where further input can display one or more images before and after the representative image are all included in the Reference claims.
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.
Claim(s) 2-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hong (US 2013/0120540 A1).
Regarding claim 2, Hong teaches an electronic device, comprising: a display; one or more input devices; one or more processors; a memory; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions for: detecting, via the one or more input devices, the electronic device being raised; and in response to detecting the electronic device being raised, displaying, via the display, a sequence of images. More specifically, device motion in any of the +/-X, +/-Y, and +/-Z (would include up/raising direction) axis directions causes images to be displayed sequentially (Hong, abstract, Figure 2, [0030], [0036], [0040]).
Regarding claim 3, Hong teaches the electronic device of claim 2, wherein the sequence of images is displayed as an animation. More specifically, the sequentially displaying the images replaces the previous image at a determined speed appearing like a video/animation (Hong, abstract, [0035]-[0036], [0045], [0055])
Regarding claim 4, Hong teaches the electronic device of claim 2, wherein the sequence of images includes a representative image, the one or more programs further including instructions for: after displaying the sequence of images, displaying, via the display, the representative image. More specifically, the image sequence stops on a current (representative) image (Hong, [0047])
Regarding claim 5, Hong teaches the electronic device of claim 4, wherein the representative image is user selectable. More specifically, a user can select which image is the current (representative) image using specific movement inputs (Hong, abstract, Figure 4 and description).
Regarding claim 6, Hong teaches the electronic device of claim 4, wherein the sequence of images is part of a collection of images and wherein the sequence of images is before the representative image in the collection of images, the one or more programs further including instructions for: after displaying the sequence of images and while displaying the representative image, detecting, via the one or more input devices, a first input; and in response to detecting the first input, displaying, via the display, a second sequence of images in the collection of images, wherein the second sequence of images is after the representative image in the collection of images. More specifically, the sequentially displayed images are from a selected folder (collection) and when the sequential display of images stops, further movement (first input) can be received to continue sequentially displaying images starting from the current (representative) image (Hong, Figure 4, steps 435 to 405, and Figure 6, steps 650 to 620, [0042]-[0043], [0048], [0053]).
Regarding claim 7, Hong teaches the electronic device of claim 4, wherein the sequence of images includes an initial image, wherein the initial image is a user-selectable representative image, and wherein the sequence of images includes a last image, wherein the last image is last in the sequence of images, the one or more programs further including instructions for: after displaying the sequence of images, maintaining display of the last image. More specifically, Figure 7 depicts a selected sequence of images including at least an initial image (700) and a last image (740), according to the processes of Figure 4 and 6, the sequential displaying could be first stopped on the initial (representative) image and then additional movement (input) causes the images to display sequentially and stopping on the last image (Hong, [0051]-[0052]).
Regarding claim 8, Hong teaches the electronic device of claim 4, the one or more programs further including instructions for: while displaying the representative image, detecting, via the one or more input devices, a second input; and in response to detecting the second input, displaying, via the display, a second image in the sequence of images, wherein the second image is adjacent to the representative image in the sequence of images. More specifically, when the sequential display of images stops, further movement (second input) can be received to slowly move to, and stop on, a next or previous image starting from the current (representative) image (Hong, Figure 4, steps 435 to 405, and Figure 6, steps 650 to 620, [0036]-[0037], [0040]-[0043], [0048], [0053]).
Regarding claim 9, Hong teaches the electronic device of claim 8, wherein the second input is a directional input in a first direction, the one or more programs further including instructions for: while displaying the second image, detecting, via the one or more input devices, a third input, wherein the third input is a directional input in a second direction that is opposite the first direction; and in response to detecting the third input, displaying, via the display, the representative image. More specifically, Figure 7 depicts a sequence of images where certain device movements can cause forward and backward navigation in the sequence allowing a current (representative) image to be moved to a next (second) image with movement (first) direction and return to the previous (representative) image with movement in the opposite (second) direction (Hong, [0036]-[0037], [0040]-[0041]).
Regarding claim 10, Hong teaches the electronic device of claim 2, wherein the one or more input devices that are used to detect the electronic device being raised include an accelerometer. More specifically, the sensor unit 130 includes inertial sensors (such as an accelerometer, a gyroscope, a shock sensor, and a tilt sensor), an altimeter, a gravity sensor, a geomagnetic sensor, and/or a combination thereof (Hong, [0029]).
Regarding claims 11-19, these claims recite the non-transitory computer-readable storage medium storing one or more programs that perform the steps performed by the electronic device of claims 2-10, therefore, the same rationale of rejection is applicable.
Regarding claims 20-28, these claims recite the method performed by the electronic device of claims 2-10, therefore, the same rationale of rejection is applicable.
Pertinent Prior Art
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.
Kim (US 2010/0066666 A1) – displaying a sequence of images according to detected motion.
Bibik (US 9,299,103 B1) – displaying a sequence of images according to detected motion.
Oh (US 2007/0075970 A1) – displaying a sequence of images according to detected motion.
Cho (US 2008/0088583 A1) – displaying a sequence of images according to detected motion.
Narayanaswami (US 6,720,860 B1) – a watch that displays a sequence of images.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK F RIEGLER whose telephone number is (571)270-3625. The examiner can normally be reached M-F 9:30am-6:00pm, ET.
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, Kieu Vu can be reached at (571) 272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK F RIEGLER/ Primary Examiner, Art Unit 2171
