CTNF 18/946,475 CTNF 85972 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. 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 claims at issue 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. 08-34 AIA Claim s 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim s 10-20 of US Patent No. 12,178,511 . Although the claims at issue are not identical, they are not patentably distinct from each other because the inventions are directed to substantially similar subject matter. The subject matter claimed in the instant application is anticipated by the referenced US Patent, as follows: the difference between independent Claim 1 of instant application, 18/946475 and Claim 10 of US Patent No. 12,178,511 are highlighted in the following table . Claim 1 of 18/946475 Claim 10 of 12,178,511 A device, comprising: A device, comprising: at least one computer storage that is not a transitory signal and that comprises instructions executable by at least one processor system to: at least one computer storage that is not a transitory signal and that comprises instructions executable by at least one processor system to: identify data representing a person's spatially-dependent visual acuity; and identify data representing a person's spatially-dependent visual acuity; and implement foveated rendering of a computer simulation based at least in part on the data representing the person's spatially-dependent visual acuity. using the data representing the person's spatially-dependent visual acuity, relocate at least one character in the computer simulation from a demanded location specified by the computer simulation to an area of at least one display corresponding to an area of first visual acuity as represented by the data and not to an area of the at least one display corresponding to an area of second visual acuity as represented by the data, the first visual acuity being higher than the second visual acuity. Furthermore, at least claims 2-11 of the instant application contain substantially identical claimed subject matter to claims 10-15 and 17-20 of the referenced US Patent . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1-6, 8-11, and 13 is/are rejected under 35 U.S.C. 102 (a)(1)/102(a)(2) as being anticipated by Abuelsaad et al. (US 2019/0295507 A1) (henceforth, “Abuelsaad”) . Regarding claims 1, 10, and 13 , Abuelsaad teaches a device and method comprising: at least one computer storage that is not a transitory signal and that comprises instructions executable by at least one processor system (e.g., computer platform 800 in Para. 80 and Fig. 8) to: identify data representing a person’s spatially-dependent visual acuity (e.g., step 702 in Fig. 7 and Para. 72); and implement foveated rendering of a computer simulation based at least in part on the data representing the person’s spatially-dependent visual acuity (e.g., step 710 in Fig. 7 and Para. 76 as well as Fig. 6 and Para. 60). Regarding claims 8 and 11 , Abuelsaad teaches the computer simulation comprises a computer game (Para. 65). Regarding claim 2 , Abuelsaad teaches present a first portion of the computer simulation in a first region of the display with a first resolution responsive to the first region corresponding to an area of first visual acuity as represented by the data representing the person’s spatially-dependent visual acuity; and present a second portion of the computer simulation in a second region of the display with a second resolution responsive to the second region corresponding to an area of second visual acuity as represented by the data representing the person’s spatially-dependent visual acuity, the first resolution being higher than the second resolution, the first visual acuity being better than the second visual acuity (Fig. 6 and Para. 60). Regarding claim 3 , Abuelsaad teaches determine whether the person is looking at a first location of the display; responsive to the person not looking at the first location, pause the computer simulation; responsive to the person looking at the first location, play the computer simulation (e.g., eye tracking in Para. 21, 37, 60, and 63). Regarding claim 4 , Abuelsaad teaches the first location corresponds to a location of a character in the computer simulation (Para. 65 and Para. 60). Regarding claim 5 , Abuelsaad teaches responsive to the person not looking at the first location, filter out of game play or out of presentation on the display at least one in-game event (Para. 60 and Para. 65). Regarding claim 6 , Abuelsaad teaches disable at least one eye tracking-operated element responsive to the element being presented in a demanded display region corresponding to poor visual acuity in the data representing the person’s spatially-dependent visual acuity (e.g., affecting quality of the vision in Para. 59-65). Regarding claim 9 , Abuelsaad teaches the data representing the person’s spatially-dependent visual acuity comprises a map (Para. 65) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 7, 12, and 14 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. Claims 15-19 are allowed over the cited prior art. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and is listed on the attached Notice of References Cited . Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHASE E LEICHLITER whose telephone number is (571)270-7109. The examiner can normally be reached Monday-Friday (10-6). 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, Kang Hu can be reached at (571)270-1344. 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. /CHASE E LEICHLITER/Primary Examiner, Art Unit 3715 Application/Control Number: 18/946,475 Page 2 Art Unit: 3715 Application/Control Number: 18/946,475 Page 3 Art Unit: 3715 Application/Control Number: 18/946,475 Page 4 Art Unit: 3715 Application/Control Number: 18/946,475 Page 5 Art Unit: 3715 Application/Control Number: 18/946,475 Page 6 Art Unit: 3715 Application/Control Number: 18/946,475 Page 7 Art Unit: 3715 Application/Control Number: 18/946,475 Page 8 Art Unit: 3715
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