CTNF 18/926,053 CTNF 91258 DETAILED ACTION Status This Office Action is responsive to claims filed on 10/24/2024. Please note Claims 1-22 are pending and have been examined. 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. Information Disclosure Statement The information disclosure statement (IDS) submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 22 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claim 22 describes a “computer readable storage medium”. Further, Applicant's specification fails to explicitly define the scope of a “computer readable storage medium”. Thus, in giving the term its plain meaning (see MPEP 2111.01), the claimed “computer readable storage medium” is considered to include data signals per se. Data signals per se are not statutory as they fail to fall into one of the four statutory categories of invention. As an additional note, a non-transitory computer readable medium having executable programming instructions stored thereon is considered statutory, as non-transitory computer readable media excludes transitory data signals. Claim Rejections - 35 USC § 103 07-20-aia AIA 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 of this title, 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. 07-21-aia AIA Claim s 1-3, 5-8, 12, 14, 15 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over BUCUR (US 20130332871 A1), in view of Kim (US 20180081519 A1) . Regarding Claim 1 , BUCUR discloses a method comprising: at a computer system including or in communication with a display generation component and one or more input devices ([0036] “According to a fourth aspect of the present invention there is provided a computer readable medium storing computer program code arranged to cause a portable device to implement the above method.”) : displaying, via the display generation component, a first view of a three-dimensional environment, the first view corresponds to a first viewpoint of a user ([0084] “It will be appreciated that the effect could alternatively be considered to be a 3D plane supporting rows of images which stops at a certain point and the view point of the user travels over the plane in the Z direction from a position in which the rows of images are vanishingly small such that the rows of images grow in size as the viewpoint of the user draws closer.”) ; while displaying the first view of the three-dimensional environment, displaying a first user interface object at a first position in the three-dimensional environment, wherein the first position has a first spatial relationship with the first viewpoint of the user ([0007] “In light of the above, certain embodiments of the present invention aim to provide an improved portable apparatus with a GUI, and improved GUI techniques. In particular, certain embodiments of the present invention introduce additional gallery layout modes which provide benefits in terms of facilitating rapid identification and selection of a desired image, and hence a corresponding desired digital media item or other item. In certain embodiments the layout of a gallery may be selectively changed by the user between different layout modes.”) ; while displaying the first view of the three-dimensional environment including the first user interface object at the first position in the three-dimensional environment, detecting a first input that is directed to at least a first portion of the first user interface object ([0010] “wherein the input device is arranged to receive a selection input selecting at least one of the images displayed on the display screen and to supply the selection input to the processor, which upon receipt is arranged to perform a corresponding function.”) ; and in response to detecting the first input that is directed to at least the first portion of the first user interface object ([0097] “In response to a user input selecting the top left container…”) : displaying a second user interface object at a second position in the three-dimensional environment ([0097] “FIG. 18a shows a grid layout mode showing at least one container 172, and optionally a mix of containers and images. In response to a user input selecting the top left container the remaining containers are faded as shown in FIG. 18b and the images within that container begin to expand.”) ; and moving the first user interface object from the first position to a third position in the three-dimensional environment ([0097] “FIG. 18b shows the images in the remaining container beginning to be shown overlapped. Each image is there animated along lines 174 to its resulting position in the new grid as shown in FIG. 18c by changing the properties of each image such as position, rotation, and scale until its final destination is reached.”) . BUCUR does not expressly disclose the third position has a greater distance from the first viewpoint of the user than the first position in the three-dimensional environment . However, in the same field of endeavor, Kim discloses moving the first user interface object from the first position to a third position in the three-dimensional environment, wherein the third position has a greater distance from the first viewpoint of the user than the first position in the three-dimensional environment ([0039] “In some embodiments, the GUI of the 3D document editing system may support a gesture to move a text area 212 in a document (e.g., a paragraph, section, column, text field, text box, etc.) backward on the Z axis in 3D virtual space 202 relative to the document 210. FIG. 2C illustrates an example gesture to move a text area 212 backward on the Z axis, according to some embodiments.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of BUCUR with the feature of moving the first user interface object to a third position which has a greater distance from the first viewpoint. Doing so could “provide an interactive user experience”, as taught by Kim. Regarding Claim 2 , BUCUR-Kim discloses the method of claim 1, wherein moving the first user interface object from the first position to the third position in the three-dimensional environment changes a respective spatial relationship between the first user interface object and at least one other user interface object in the three-dimensional environment (BUCUR [0097] “In response to a user input selecting the top left container the remaining containers are faded as shown in FIG. 18b and the images within that container begin to expand. FIG. 18b shows the images in the remaining container beginning to be shown overlapped. Each image is there animated along lines 174 to its resulting position in the new grid as shown in FIG. 18c by changing the properties of each image such as position, rotation, and scale until its final destination is reached.”) . Regarding Claim 3 , BUCUR-Kim discloses the method of claim 1, wherein the first position and the second position have less than a threshold amount of difference in distance from the first viewpoint of the user in the three-dimensional environment (BUCUR [0013] “In the grid layout mode the images may be arranged in a grid upon the 2D surface having rows and columns, the rows being arranged parallel to or forming an acute angle relative to the plane of the display screen.”) . Regarding Claim 5 , BUCUR-Kim discloses the method of claim 1, wherein the first input is an input that meets at least a first input threshold (BUCUR [0004] “For a portable apparatus equipped with a touch screen, selecting a desired image may be achieved by touching the desired image” implies the input threshold of contact distance and touch pressure) . Regarding Claim 6 , BUCUR-Kim discloses the method of claim 1, wherein the first portion of the first user interface object is a first selectable object within the first user interface object and the first input is directed to the first selectable object (BUCUR [0097] “In response to a user input selecting the top left container…”) , and the second user interface object emerges from a respective position of the first selectable object in the three-dimensional environment (BUCUR [0097] “Each image is there animated along lines 174 to its resulting position in the new grid as shown in FIG. 18c by changing the properties of each image such as position, rotation, and scale until its final destination is reached.”) . Regarding Claim 7 , BUCUR-Kim discloses the method of claim 1, including: in response to detecting the first input that is directed to at least the first portion of the first user interface object: changing one or more display properties of the first user interface object from a first set of values to a second set of values, in conjunction with moving the first user interface object from the first position to the third position in the three-dimensional environment. Regarding Claim 8 , BUCUR-Kim discloses the method of claim 7, including: while the first user interface object is displayed at the third position in the three-dimensional environment, detecting that attention of the user is directed to the first user interface object; and in response to detecting that the attention of the user is directed to the first user interface object, restoring the one or more display properties of the first user interface object from the second set of values to the first set of values (BUCUR [0097] “Each image is there animated along lines 174 to its resulting position in the new grid as shown in FIG. 18c by changing the properties of each image such as position, rotation, and scale until its final destination is reached.”) . Regarding Claim 12 , BUCUR-Kim discloses the method of claim 1, including: while displaying the second user interface object at the second position and displaying the first user interface object at the third position in the three-dimensional environment, detect a second user input that is directed to the first user interface object; and in response to detecting the second input that is directed to the first user interface object: ceasing to display the second user interface object; and moving the first user interface object from the third position back to the first position in the three-dimensional environment (Kim Figs. 2A-2C, [0029] “The VR device 100A may detect gestures made by the user 190A via the sensing area 124, and in response may move selected content in document 110 (e.g., paragraphs, sections, columns, sentences, text boxes, URLs, etc.) forward (112A) or backward (112B) on a Z axis in the 3D virtual space 102A relative to the rest of the document 110 according to the detected gestures.”) . Regarding Claim 14 , BUCUR-Kim discloses the method of claim 12, wherein moving the first user interface object from the third position back to the first position in the three-dimensional environment includes moving the first user interface object in a direction toward the first viewpoint of the user (Kim Figs. 2A-2C, [0029] “The VR device 100A may detect gestures made by the user 190A via the sensing area 124, and in response may move selected content in document 110 (e.g., paragraphs, sections, columns, sentences, text boxes, URLs, etc.) forward (112A) or backward (112B) on a Z axis in the 3D virtual space 102A relative to the rest of the document 110 according to the detected gestures.”) . Regarding Claim 15 , BUCUR-Kim discloses the method of claim 1, including: while displaying the first user interface object at the third position and displaying the second user interface object at the second position, detecting a third input that includes movement of a hand of a user in a first posture followed by a release of the first posture (BUCUR [0060] “Discussion of user input mechanisms, gestures and similar details within the patent specification should not be considered to be in any way limiting on portable devices where the claimed graphical user interface and techniques may be applied.”) ; and in response to detecting the third input: ceasing to display the second user interface object in the three-dimensional environment (BUCUR [0071] “It will be appreciated that in the event of zooming in, some of the images previously displayed will be displaced from the screen. For instance, for a grid layout mode which pans vertically, images at the right hand end of the bottom row may be displaced from the screen when zooming in.”) . Regarding Claim 18 , BUCUR-Kim discloses the method of claim 1, wherein the second user interface object includes at least a first selectable object that corresponds to a first operation of the computer system (BUCUR [0011] “At least one image may represent one of: a digital media item, for which the corresponding function performed by the processor is opening, displaying, playing or otherwise interacting within the digital media item; and a program, for which the corresponding function performed by the processor is opening or launching the program.”) , and the method includes: while displaying the second user interface object at the second position, detecting a fourth input directed to the first selectable object within the second user interface object; and in response to detecting the fourth input directed to the first selectable object: in accordance with a determination that the fourth input meets preset criteria for selecting the first selectable object, performing the first operation (BUCUR [0010] “wherein the input device is arranged to receive a selection input selecting at least one of the images displayed on the display screen and to supply the selection input to the processor, which upon receipt is arranged to perform a corresponding function.”) . Regarding Claim 19 , BUCUR-Kim discloses the method of claim 1, wherein the second user interface object includes at least a first control that corresponds to a first control function that has one or more control values (BUCUR [0011] “At least one image may represent one of: a digital media item, for which the corresponding function performed by the processor is opening, displaying, playing or otherwise interacting within the digital media item; and a program, for which the corresponding function performed by the processor is opening or launching the program.”) , and the method includes: while displaying the second user interface object at the second position, detecting a fifth input directed to the first control within the second user interface object; and in response to detecting the fifth input directed to the first control: in accordance with a determination that the fifth input meets preset criteria for adjusting the first control function, adjusting a current control value of the first control function in accordance with the fifth input (BUCUR [0010] “wherein the input device is arranged to receive a selection input selecting at least one of the images displayed on the display screen and to supply the selection input to the processor, which upon receipt is arranged to perform a corresponding function.”) . Regarding Claim 20 , BUCUR-Kim discloses the method of claim 1, wherein the second user interface object has a greater spatial extent in at least one dimension at the second position than the first user interface object at the first position (BUCUR [0097] “Each image is there animated along lines 174 to its resulting position in the new grid as shown in FIG. 18c by changing the properties of each image such as position, rotation, and scale until its final destination is reached.”) . Regarding Claim 21 , it recites similar limitations of claim 1. The rationale of claim 1 rejection is applied to reject claim 21. Regarding Claim 22 , it recites similar limitations of claim 1. The rationale of claim 1 rejection is applied to reject claim 22 . 07-21-aia AIA Claim s 4, 9, 13 are rejected under 35 U.S.C. 103 as being unpatentable over BUCUR (US 20130332871 A1), in view of Kim (US 20180081519 A1), further in view of Mistry (US 20180365405 A1) . Regarding Claim 4 , BUCUR-Kim discloses the method of claim 1 . In the same field of endeavor, Mistry discloses detecting movement of the display generation component in a physical environment ([0005] “Additionally or alternatively, the first user selection may be based on a first head movement measured by one or more sensors associated with the head-mounted device.”) ; and in response to detecting the movement of the display generation component in the physical environment: replacing the first view of the three-dimensional environment with a second view of the three-dimensional environment, wherein the second view of the three-dimensional environment corresponds to a second viewpoint of the user, and a difference between the first viewpoint and the second viewpoint in the three-dimensional environment corresponds to the movement of the display generation component in the physical environment ([0120] “If the user desires to select panel “3,” the user may walk forward or reach out with one or two hands to reach panels at the second depth Z2. The accelerometer(s), gyroscope(s), and/or front-facing camera(s) may capture the user's movement and register the user's movement as a new selection of panel “3.” In some aspects, panels “2” and “4” may disappear from the display if the user steps forward to select panel “3,” but may reappear if the user subsequently steps backward.”) ; and moving the first user interface object and the second user interface object in the three-dimensional environment in accordance with the movement of the display generation component in the physical environment, while maintaining respective distances from the second viewpoint to the first user interface object and the second user interface object ([0120] “In some aspects, panels “2” and “4” may disappear from the display if the user steps forward to select panel “3,” but may reappear if the user subsequently steps backward.”) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of BUCUR-Kim with the feature of updating the viewpoint based on movement of hardware component and moving virtual object accordingly. Doing so could enhance user experience as taught by Mistry. Regarding Claim 9 , BUCUR-Kim discloses the method of claim 8 . In the same field of endeavor, Mistry discloses in response to detecting that attention of the user is directed to the first user interface object ([0121] “The user may select one of the elements (e.g., element 1016) by gesture, actuating a button, or other user input. In response to the user selecting element 1016, the display device may highlight element 1016 to the user.”) , changing one or more display properties of the second user interface object from a third set of values to a fourth set of values ([0122] “For example, the display device may highlight the GUI element 1016 by enlarging the selected element, bringing the selected element to the foreground, not displaying unselected elements, etc.”) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of BUCUR-Kim with the feature of changing one or more display properties of the second user interface object in response to detecting that attention of the user is directed to the first user interface object. Doing so could highlight user’s selection as taught by Mistry. Regarding Claim 13 , BUCUR-Kim discloses the method of claim 12 . In the same field of endeavor, Mistry discloses wherein the second input that is directed to the first user interface object includes a gaze input directed to the first user interface object detected in conjunction with an air gesture ([0116] “In some aspects, the panel that the user has selected (e.g., by actuating a button, head gesture, hand gesture, eye blink, or a combination thereof) may be highlighted (e.g., panel “8” in the exemplary arrangement 910).”) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the method of BUCUR-Kim with the feature of receiving input including a gaze input in conjunction with an air gesture. The type of input being detected and processed is a designer’s choice . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 10, 11, 16 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHONG WU whose telephone number is (571)270-5207. The examiner can normally be reached MON-FRI: 9AM-5PM 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, Xiao Wu can be reached at 571-272-7761. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHONG WU/Primary Examiner, Art Unit 2613 Application/Control Number: 18/926,053 Page 2 Art Unit: 2613 Application/Control Number: 18/926,053 Page 3 Art Unit: 2613 Application/Control Number: 18/926,053 Page 4 Art Unit: 2613 Application/Control Number: 18/926,053 Page 5 Art Unit: 2613 Application/Control Number: 18/926,053 Page 6 Art Unit: 2613 Application/Control Number: 18/926,053 Page 7 Art Unit: 2613 Application/Control Number: 18/926,053 Page 8 Art Unit: 2613 Application/Control Number: 18/926,053 Page 9 Art Unit: 2613 Application/Control Number: 18/926,053 Page 10 Art Unit: 2613 Application/Control Number: 18/926,053 Page 11 Art Unit: 2613 Application/Control Number: 18/926,053 Page 12 Art Unit: 2613 Application/Control Number: 18/926,053 Page 13 Art Unit: 2613 Application/Control Number: 18/926,053 Page 14 Art Unit: 2613 Application/Control Number: 18/926,053 Page 15 Art Unit: 2613