DETAILED ACTION
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 .
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.
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.
Appl/Pat. No.
Claim Correspondence
Appl. 18959093
1, 8, 10, 12, 13, 14
2, 4
3, 5
6, 7
9
11, 15
Pat. 12153723
1, 4, 10, 11, 12, 16, 14
2
3, 14, 15
5, 6, 17
13
7, 19
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 10-16, 17 and 19 of U.S. Patent No. 12153723 in view of Gaeta et al. (US Patent publication: 10078917, "Gaeta").
Claim 1 of Appl. 18959093
Claim 1 of Pat. 12153723
A system for providing an augmented reality, a virtual reality, and/or a mixed reality experience to a user, wherein the user views a real-world environment through a first display and a second display, the system comprising:
A system for providing an augmented reality, a virtual reality, and/or a mixed reality experience to a user in a passenger ride vehicle, wherein the system is configured to enable the user to view a real-world environment through a first display and a second display, the system comprising:
a wearable visualization device comprising the first display, wherein the first display is configured to display a first layer of virtual features;
a wearable visualization device configured to be worn by the user in the passenger ride vehicle and comprising the first display, wherein the first display is configured to display a first layer of virtual features to overlay the first layer of virtual features onto the real-world environment viewable by the user;
a fixed visualization device comprising the second display, wherein the second display is configured to display a second layer of virtual features;
a fixed visualization device coupled to the passenger ride vehicle and comprising the second display, wherein the second display is configured to display a second layer of virtual features to overlay the second layer of virtual features onto the real-world environment viewable by the user;
and a processor configured to generate the first layer of virtual features and the second layer of virtual features, and
and a processor configured to generate the first layer of virtual features at a first display time and the second layer of virtual features at a second display time that precedes the first display time,
wherein the processor is configured to operatively communicate with the wearable visualization device and the fixed visualization device via communication features of the system to temporally and spatially coordinate presentation of the first layer of virtual features and the second layer of virtual features.
wherein the processor is configured to operatively communicate with the wearable visualization device and the fixed visualization device to coordinate presentation of the first layer of virtual features and the second layer of virtual features with the real-world environment,
such that the second layer of virtual features provides a visual illusion of a special effect occurring at an exterior of the passenger ride vehicle, and the first layer of virtual features provides an additional visual illusion of an animated effect related to the special effect and occurring at an interior of the passenger ride vehicle, wherein the special effect comprises an explosion, and the animated effect comprises debris related to the explosion.
Even though Claim 1 of Pat. 12153723 teaches coordination of presentation but doesn’t expressly teach temporally and spatially coordinate presentation of the first layer of virtual features and the second layer of virtual features;
Gaeta teaches temporally and spatially coordinate presentation of the first layer of virtual features and the second layer of virtual features (Gaeta coordinates timing of the presentation of the first layer of virtual features and the second layer of virtual features and where to display. Column 9 Lines 16-25: "As the viewer is viewing the item of content while wearing the mobile device 178, the mobile device 178 may display additional content to augment the item of content displayed by the display system. This may require a synchronization process 174 to coordinate the timing of images displayed on the screen 152 and images displayed on the mobile device 178. For example, the mobile device 178 may be configured to detect when certain scenes or events are occurring within the content displayed on screen 152.").
Claim 1 of Pat. 12153723 and Gaeta are analogous as they are from the field of augmented or virtual reality.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective fining date of the claimed invention to have modified Claim 1 of Pat. 12153723 to include temporally and spatially coordinated presentation of the first layer of virtual features and the second layer of virtual features The motivation for this modification is to provide as taught by Gaeta.
The motivation for the above is to provide synchronization of virtual features.
Claim Rejections - 35 USC § 103
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, 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.
Claim 1-2, 5-6, 10,12, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Gaeta et al. (US Patent publication: 10078917, "Gaeta") in view of Ackley et al. (US Patent Publication: 20130130813, "Ackley").
Regarding claim 1, Gaeta teaches, a system (Fig. 1B) for providing an augmented reality, a virtual reality, and/or a mixed reality experience to a user, the system comprising:
a wearable visualization device (mobile device 178) comprising a first display, (element 152 within element 178) wherein the first display is configured to display a first layer of virtual features (Column 7 Lines 35-39: "The system may also include a mobile device 178, such as a pair of augmented-reality glasses 152. The system may be configured to display additional content on the mobile device 178 during playback of the content in the content data store 162 on the screen 152. Col 6 lines 55-57 "In this way, a user can view both the image displayed by the mobile device and at least a portion of the physical environment behind the display of the mobile device" This additional content is the first layer of virtual object and is rendered by rendering engine 170.);
a fixed visualization device comprising a second display, wherein the second display is configured to display a second layer of virtual features; ( Column 7 Lines 23-31: "FIG. 1B illustrates a custom hardware/software system for generating and displaying layered content on multiple devices, according to some embodiments. The system may include a content repository 156 that includes one or more different types of content. First, the content repository 156 may include a content data store 162 that includes content to be displayed by the display system 164. In some embodiments, the content data store 162 may include full-length movies or complete media productions that can be displayed on the screen 152." Column 6 Lines 29-34: "The display system may include devices suitable for projecting or displaying an item of content, such as a movie. The movie may include a digital animated film, a live-action film, a videogame, and/or any combination thereof. In some embodiments, the display system may include a projection device 150 and/or a screen 152." Complete media production is a virtual or computer generated movie which is claimed second layer of virtual feature. Any digital animated film is also a layer of a virtual features.);
Though Gaeta teaches displaying a pre-stored computer generated second layer of virtual image (animated movie displayed on the second display 152 in Fig.1B) on the fixed visualization device but Gaeta doesn't expressly teach that the processor generates the second layer of virtual features; wherein the system is configured to enable the user to view a real-world environment through a first display and a second display;
However, Ackley teaches, a processor generates the second layer of virtual features ([0043] " For example, destruction of an enemy spacecraft, in addition to being accompanied by audio and visual effects produced in the venue, may be rendered even more realistic by recoil or jostling of transporter 104 to simulate impact of the shockwave produced by the exploding spacecraft");
wherein a user view a real world environment through a second display; (Ackley in Fig. 2 and Fig. 4, [0027] and [0045] uses a HUD which is a transparent display to see a real image and through the display and a virtual image on its screen for a passenger ride vehicle in an amusement park. "[0027] In the embodiment of FIG. 2, HUD system 234 is installed on transporter 204 and is configured to provide the at least one occupant of transporter 204 with an augmented reality experience……In that embodiment, the beam splitter may be utilized to selectively combine or blend images corresponding to virtual events, with real images directly perceivable by the transporter occupant, to provide the transporter occupant with an augmented sensory perspective, thereby providing the augmented reality experience. [0045] Turning now to FIG. 4, FIG. 4 shows visual frame 400 representing an exemplary augmented reality experience in the form of the previously described outer space themed roller coaster ride/shooting game, provided according to one embodiment of the present invention. As can be seen from FIG. 4, occupant 440 of transporter 404 is being transported through venue 402, which has been configured to assume the aspect of a space warfare environment. Virtual events and real events are selectively blended and presented to occupant 440 by means of head-up display 434.");
Ackley and Gaeta are analogous as they are from the field of augmented or virtual reality.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective fining date of the claimed invention to have modified Gaeta to include the feature of generating the second layer of virtual features and user viewing a real world environment through a first display and the second display by including a second display by which both real and virtual image can be displayed as taught by Ackley and thereby when the user sees the second display through the first display (mobile device) as taught by Gaeta the user sees the real world image by the first and second display.
The motivation for this modification is that user can be shown virtual image relating to the real world image to provide details of real world image.
Gaeta as modified by Ackley teaches, wherein the processor is configured to operatively communicate with the wearable visualization device and the fixed visualization device via communication features of the system to temporally and spatially coordinate presentation of the first layer of virtual features and the second layer of virtual features (After including Ackley's teaching with Gaeta, Gaeta views real world environment through first display and second display. Now Gaeta has a HUD display and AR display which can view real world environment, first layer and second layer simultaneously. Gaeta coordinates timing of the presentation of the first layer of virtual features and the second layer of virtual features and where to display. Column 9 Lines 16-25: "As the viewer is viewing the item of content while wearing the mobile device 178, the mobile device 178 may display additional content to augment the item of content displayed by the display system. This may require a synchronization process 174 to coordinate the timing of images displayed on the screen 152 and images displayed on the mobile device 178. For example, the mobile device 178 may be configured to detect when certain scenes or events are occurring within the content displayed on screen 152.").
Regarding claim 12, Gaeta teaches, A method (a method executed by Fig.1B) for providing an augmented reality, a virtual reality, and/or a mixed reality experience to a user, the method comprising:
generating, using a processor, a first layer of virtual features; (Gaeta, Column 9 Lines 16-22: "As the viewer is viewing the item of content while wearing the mobile device 178, the mobile device 178 may display additional content to augment the item of content displayed by the display system. This may require a synchronization process 174 to coordinate the timing of images displayed on the screen 152 and images displayed on the mobile device 178." The additional content for mobile device is the first frame of virtual feature);
displaying at a first display time, in response to instructions from the processor, the first layer of virtual features on a first display, wherein the first display is disposed within a wearable visualization device; ( Column 7 Lines 35-39: "The system may also include a mobile device 178, such as a pair of augmented-reality glasses 152. The system may be configured to display additional content on the mobile device 178 during playback of the content in the content data store 162 on the screen 152." This additional content is the first layer of virtual object and is rendered by rendering engine 170. Gaeta, Column 9 Lines 16-22: "As the viewer is viewing the item of content while wearing the mobile device 178, the mobile device 178 may display additional content to augment the item of content displayed by the display system. This may require a synchronization process 174 to coordinate the timing of images displayed on the screen 152 and images displayed on the mobile device 178." This paragraph provides the first display time for the first layer of virtual image )
and displaying at a second display time, in response to instructions from the processor, the second layer of virtual features on a second display, wherein the second display is disposed within a fixed visualization device that is physically separate from the wearable visualization device; ( Column 7 Lines 23-31: "FIG. 1B illustrates a custom hardware/software system for generating and displaying layered content on multiple devices, according to some embodiments. The system may include a content repository 156 that includes one or more different types of content. First, the content repository 156 may include a content data store 162 that includes content to be displayed by the display system 164. In some embodiments, the content data store 162 may include full-length movies or complete media Page 32 productions that can be displayed on the screen 152." "Col 6 lines 29-33 “The display system may include devices suitable for projecting or displaying an item of content, such as a movie. The movie may include a digital animated film, a live-action film, a videogame, and/or any combination thereof. In some embodiments, the display system may include a projection device 150 and/or a screen 152." Complete media production is a virtual or computer generated movie which is claimed first layer of virtual feature. Any digital animated film is also a layer of a virtual features. Gaeta, Column 9 Lines 16-22: "As the viewer is viewing the item of content while wearing the mobile device 178, the mobile device 178 may display additional content to augment the item of content displayed by the display system. This may require a synchronization process 174 to coordinate the timing of images displayed on the screen 152 and images displayed on the mobile device 178." This paragraph provides the second display time for the second layer of virtual image.);
Though Gaeta teaches displaying a pre-stored computer generated second layer of virtual feature (animated movie displayed on the second display 152 in Fig.1B) on the fixed visualization device but Gaeta doesn't expressly teach that the processor generates the second layer of virtual feature;
However, Ackley teaches, generates second layer of virtual feature ([0043] " For example, destruction of an enemy spacecraft, in addition to being accompanied by audio and visual effects produced in the venue, may be rendered even more realistic by recoil or jostling of transporter 104 to simulate impact of the shock wave produced by the exploding spacecraft");
Ackley and Gaeta are analogous as they are from the field of augmented or virtual reality.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective fining date of the claimed invention to have modified Gaeta to include generating second layer of virtual feature as taught by Ackley and thereby when the user sees the second display through the first display (mobile device) as taught by Gaeta the user sees the real world environment by the first and second display.
The motivation for this modification is to provide dynamic visual feature for enjoyment.
Gaeta modified by Ackley teaches wherein the first display time and the second display time result in a temporally and spatially coordinated display of the first layer of virtual features and the second layer of virtual features (After including Ackley's teaching with Gaeta, Now Gaeta has a HUD display and AR display which can view real world environment, first layer and second layer simultaneously. Gaeta coordinates timing of the presentation of the first layer of virtual features and the second layer of virtual features and where to display. Column 9 Lines 16-25: "As the viewer is viewing the item of content while wearing the mobile device 178, the mobile device 178 may display additional content to augment the item of content displayed by the display system. This may require a synchronization process 174 to coordinate the timing of images displayed on the screen 152 and images displayed on the mobile device 178. For example, the mobile device 178 may be configured to detect when certain scenes or events are occurring within the content displayed on screen 152.").
Regarding claim 2 Gaeta modified by Ackley teaches wherein the first display is a transparent or semi-transparent display and is configured to enable the user, when wearing the wearable visualization device, to view the second display through the first display (Gaeta Fig. 3C, here first display is augmented reality goggles).
Regarding claim 5 Gaeta modified by Ackley teaches further comprising a passenger ride vehicle configured to traverse a path during a ride in an amusement park and wherein the second display is coupled to the passenger ride vehicle (Ackley "[0019] Transporter 104, which may be a theme park ride vehicle, such as, for example, a roller coaster car or carriage, is designed to transport one or more vehicle occupants through the mapped physical space of venue 102, along a known path (also not shown in FIG. 1. [0032] The example method of flowchart 300 continues with step 320, which comprises controlling progress of a transporter through the mapped physical space. Continuing with the example of a theme park attraction roller coaster ride/shooting game, the transporter described in step 320 may be seen to correspond to a theme park ride transporter, such as a roller coaster car or carriage, for example.")
Regarding claim 6, Gaeta as modified by Ackley teaches, wherein the first layer of virtual features comprises a virtual image of an object within a cabin of a passenger ride vehicle, (Gaeta Fig. 16B teaches that the first virtual feature 1608 is closer to the user compared to the second virtual layer (element 1610) and Based on Ackley the second virtual layer is shown on a passenger ride vehicle (HUD display) Thus Gaeta as modified by Ackley teaches the first layer of virtual features comprises a virtual image of an object within a cabin of a passenger ride vehicle.)
Gaeta as modified by Ackley teaches, the second layer of virtual features comprises a virtual image of a feature on a window of the passenger ride vehicle. (Ackley in Fig. 2 and Fig. 4, [0027] and [0045] [0019] uses a HUD which is a transparent display to see a real image and through the display and a virtual image on its screen for a passenger ride vehicle in an amusement park. HUD is placed on a window to see the real image by users of ride vehicle. "[0027] In the embodiment of FIG. 2, HUD system 234 is installed on transporter 204 and is configured to provide the at least one occupant of transporter 204 with an augmented reality experience thereby providing the augmented reality experience." [0045] Turning now to FIG. 4, FIG. 4 shows visual frame 400 representing an exemplary augmented reality experience in the form of the previously described outer space themed roller coaster ride/shooting game, means of head-up display 434." (Ackley [0019] " Transporter 104, which may be a theme park ride vehicle, such as, for example, a roller coaster car or carriage, is designed to transport one or more vehicle occupants through the mapped physical space of venue 102, along a known path (also not shown in FIG. 1")
Regarding claim 10 Gaeta modified by Ackley teaches, wherein the processor is configured to temporally and spatially coordinate the presentation of the first layer of virtual features and the second layer of virtual features with an element associated with an attraction at an amusement park (Gaeta teaches the processor is configured to temporally and spatially coordinate the presentation of the first layer of virtual features and the second layer of virtual features Column 9 Lines 16-22: "As the viewer is viewing the item of content while wearing the mobile device 178, the mobile device 178 may display additional content to augment the item of content displayed by the display system. This may require a synchronization process 174 to coordinate the timing of images displayed on the screen 152 and images displayed on the mobile device 178.". Ackley teaches, coordination of second layer of virtual features with an element associated with an attraction at an amusement park. Ackley in Fig.2 and Fig. 4, [0027] and [0045] uses a HUD which is a transparent display to see a real image and through the display and a virtual image on its screen for a passenger ride vehicle in an amusement park. "[0027] In the embodiment of FIG. 2, HUD system 234 is installed on transporter 204 and is configured to provide the at least one occupant of transporter 204 with an augmented reality experience In that embodiment, the beam splitter may be utilized to selectively combine or blend images corresponding to virtual events, with real images directly perceivable by the transporter occupant, to provide the transporter occupant with an augmented sensory perspective, thereby providing the augmented reality experience." [0045] Turning now to FIG. 4, FIG. 4 shows visual frame400 representing an exemplary augmented reality experience in the form of the previously described outer space themed roller coaster ride/shooting game, provided according to one embodiment of the present invention. As can be seen from FIG. 4, occupant 440 of transporter 404 is being transported through venue 402, which has been configured to assume the aspect of a space warfare environment. Virtual events and real events are selectively blended and presented to occupant 440 by means of head-up display 434.".
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have further modified Gaeta as modified by Ackley to have processor is configured to coordinate the presentation of the first layer of virtual features and the second layer of virtual features with element associated with the attraction based on combined teaching of to coordinate the presentation of the first layer of virtual features and the second layer of virtual features as taught by Gaeta and coordination of second layer of virtual features with an element associated with an attraction at an amusement park as taught by Ackley for the purpose of synchronizing both display elements associated with the attraction.).
Regarding claim 13 Gaeta modified by Ackley teaches wherein the second display comprises a transparent display coupled to a passenger ride vehicle (Ackley "[0019] Transporter 104, which may be a theme park ride vehicle, such as, for example, a roller coaster car or carriage, is designed to transport one or more vehicle occupants through the mapped physical space of venue 102, along a known path (also not shown in FIG. 1. [0032] The example method of flowchart 300 continues with step 320, which comprises controlling progress of a transporter through the mapped physical space. Continuing with the example of a theme park attraction roller coaster ride/shooting game, the transporter described in step 320 may be seen to correspond to a theme park ride transporter, such as a roller coaster car or carriage, for example.").
Regarding claim 14 Gaeta modified by Ackley teaches wherein the first display time and the second display time result in a coordinated display of the first layer of virtual features and the second layer of virtual features with a ride effect of a ride in an amusement park (Gaeta synchronizes the first layer and second layer based on time, Col 25 lines 4-9 "The layering of content for use in an augmented reality ("AR") immersive environment described above can be very difficult to design in such a way that it provides a seamless user experience. Perspectives between the mobile device in the projected content on the movie screen have to be synchronized a both in space and time".
Ackley in Fig. 2 and Fig. 4, [0027] and [0045] uses a HUD which is a Page 41 transparent and fixed display to see a real image and through the display and a virtual image on its screen for a passenger ride vehicle in an amusement park. "[0027] In the embodiment of FIG. 2, HUD system 234 is installed on transporter 204 and is configured to provide the at least one occupant of transporter 204 with an augmented reality experience In that embodiment, the beam splitter may be utilized to selectively combine or blend images corresponding to virtual events, with real images directly perceivable by the transporter occupant, to provide the transporter occupant with an augmented sensory perspective, thereby providing the augmented reality experience." [0045] Turning now to FIG. 4, FIG. 4 shows visual frame 400 representing an exemplary augmented reality experience in the form of the previously described outer space themed roller coaster ride/shooting game, provided according to one embodiment of the present invention. As can be seen from FIG. 4, occupant 440 of transporter404 is being transported through venue 402, which has been configured to assume the aspect of a space warfare environment. Virtual events and real events are selectively blended and presented to occupant 440 by means of head-up display 434.").
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gaeta as modified by Ackley as applied to claim 2 above and further in view of Bhageria et al. (US Pat. Pub. No 20170358252, "Bhageria").
Regarding claim 3, Gaeta as modified by Ackley teaches a passenger ride vehicle configured to traverse a path during a ride in an amusement park and wherein the second display is a transparent or substantially transparent display (Ackley " "[0027] In the embodiment of FIG. 2, HUD system 234 is installed on transporter 204 and is configured to provide the at least one occupant of transporter 204 with an augmented reality experience. [0032] The example method of flowchart 300 continues with step 320, which comprises controlling progress of a transporter through the mapped physical space. Continuing with the example of a theme park attraction roller coaster ride/shooting game, the transporter described in step 320 may be seen to correspond to a theme park ride transporter, such as a roller coaster car or carriage, for example.") but is silent about is further configured to be opaque when energized, thereby providing an illusion that a cabin of the passenger ride vehicle is enclosed by solid walls.
However, Bhageria teaches, a transparent display is configured to be opaque when energized, thereby providing a solid surface. ("[0013] Transparent display devices allow a user to see what is shown on the display screen while still being able to see through the screen. Transparent displays can be used in many places like, the window of a house and mobile devices. The level of transparency of transparent displays can be changed programmatically, thereby allowing a transparent display to be changed from opaque to transparent, and any level of translucency between.");
Gaeta as modified by Ackley and Bhageria are analogous as they are from the field of display technology.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Gaeta as modified by Ackley to have the transparent display or substantially transparent display is configured to be opaque when energized, thereby providing an illusion that a cabin of the passenger ride vehicle is enclosed by solid walls similar to a transparent display is configured to be opaque when energized, thereby providing a solid surface as taught by Bhageria.
The motivation to include Bhageria is to provide certain type of virtual information to be read without difficulty (Bhageria [0013]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Gaeta as modified by Ackley as applied to claim 1 above, and further in view of NISHIGASAKO et al. (US Pat. Pub. No 20110025584, "Nishigasko").
Regarding claim 4 Gaeta as modified by Ackley is silent about wherein the second display comprises a transparent light emitting diode display or a transparent organic light emitting diode display.
However Nishigasko teaches a display comprises a transparent light emitting diode display or a transparent organic light emitting diode display ([0026] "The OLED HUD device 120 can display graphical images using one or more colors").
Nishigasko and Gaeta as modified by Ackley are analogous as they are from display technology.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective fining date of the claimed invention to have modified Gaeta as modified Ackley to have the second display comprises a transparent light emitting diode display or a transparent organic light emitting diode display similar to a display comprises a transparent light emitting diode display or a transparent organic light emitting diode display as taught by Nishigasko.
The motivation for the above to get standard advantage of OLED which is to produce brighter light while using less energy.
Claims 7-8, 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Gaeta as modified by Ackley as applied to claim 1 above, and further in view of Blum et al. (US Pat. Pub. No 20160048203, "Blum").
Regarding claim 7 Gaeta as modified by Ackley is silent about wherein the first layer of virtual features comprises a virtual image of an object external to a cabin of the passenger ride vehicle.
However, Blum teaches, a first layer of virtual features comprises a virtual image of an object external to a cabin of a passenger ride vehicle (Fig. 3 element 50 is layer of virtual feature of an object external to a cabin of a passenger ride vehicle "[0032] For example, as further depicted in FIG. 3, the graphics generation system 32 may render AR/VR graphical images 45 (illustrated via the dashed lines) that may include, for example, an AR/VR image of a second mall of amusement park facilities 49, an AR/VR image of one or more fictional characters 50, an AR/VR image of a breach 52 of the tracks 18, and/or additional AR/VR image 54, 56, and 58. In one embodiment, as illustrated in FIG. 3, the AR/VR image 50 may include an image of a monster or other similar fictional character appearing (e.g., from the point of view of the ride passengers 22, 24, 26, 28 while wearing the electronic goggles 34) to be obstructing a portion of the tracks 18 as the passenger ride vehicle 20 traverses the tracks 18.");
Gaeta as modified by Ackley and Blum are analogous as they are from the field of augmented/virtual reality.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Gaeta as modified by Ackley to have the first layer of virtual features comprising a virtual image of an object external to a cabin of a passenger ride vehicle as taught by Blum.
The motivation for this modification is to add enjoyment in an amusement park ride.
Regarding claim 8 Gaeta as modified by Ackley wherein the processor is configured to temporally coordinate the presentation of the first and second layers of virtual features with ride effects during the ride by instructing the wearable and fixed visualizations device to overlay the first and second layers of virtual features at a time (Gaeta synchronizes the first layer and second layer based on time, Col 25 lines 4-9 "The layering of content for use in an augmented reality ("AR") immersive environment described above can be very difficult to design in such a way that it provides a seamless user experience. Perspectives between the mobile device in the projected content on the movie screen have to be synchronized a both in space and time".
Ackley synchronizes real image and virtual features based on time “[0041] Continuing with step 360 of flowchart 300, step 360 comprises synchronizing the real events and the virtual events so that the real events can be represented in the virtual venue and the virtual events can be represented in the venue. Synchronizing the real and virtual venues in step 360 enables a substantially seamless overlay of the virtual and real environments provided according to the present method. As a result, the occupant of the ride transporter may engage the virtual venue and affect events in the real venue, while real events in the venue may be represented in real time by corresponding virtual events in the virtual venue”) but is silent about a predetermined time.
Blum teaches overlay first layer of virtual feature based on predetermined time. (Blum [0033] "As previously discussed, in certain embodiments, the graphics generation system 32 may render the AR/VR graphical images 45 based on, for example, the position or location of the passenger ride vehicle 20 along the tracks 18 at any given time during a cycle of the thrill ride 12, a predetermined distance traveled by the passenger ride vehicle 20 during a cycle of the thrill ride 12, or after a predetermined lapse of time”);
Gaeta as modified by Ackley and Blum are analogous as they are from the field of augmented/virtual reality.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Gaeta as modified by Ackley by overlaying first and second layers of virtual features based on predetermined time based on the teaching of overlaying first layer of virtual feature based on predetermined time as taught by Blum and Gaeta as modified by Ackley’s teaching of coordinating the presentation of the first layer of virtual feature and the presentation of the second layer virtual features with ride effect.
The motivation for the above is to control display content in display devices.
Regarding claim 11, Gaeta as modified by Ackley teaches, facilitate coordination of the presentation of the first layer of virtual features and the second layer of virtual features. (Gaeta, Column 9 Lines 16-22: "As the viewer is viewing the item of content while wearing the mobile device 178, the mobile device 178 may display additional content to augment the item of content displayed by the display system. This may require a synchronization process 174 to coordinate the timing of images displayed on the screen 152 and images displayed on the mobile device 178.") but doesn't expressly teach, one or more cameras or sensors configured to monitor the real-world environment to perform the coordination.
However, Blum teaches, one or more cameras or sensors configured to monitor the real-world environment to perform the coordination of a real image and a second virtual image. ("[0005] In a second embodiment, a wearable electronic device includes goggles. The goggles include one or more displays disposed inside a frame front of the goggles, one or more cameras configured to capture an image of a real world environment associated with a ride of a theme park, and processing circuitry. The processing circuitry is configured to transmit the image of the real world environment to a computer graphics generation system, and to receive a signal from the computer graphics generation system. The signal includes a video stream of a virtualization of the real world environment along with at least one augmented reality (AR) image or at least one virtual reality (VR) image included in the video stream.");
Gaeta as modified by Ackley and Blum are analogous as they are from the field of augmented/virtual reality.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Gaeta as modified by Ackley to have included one or more cameras or sensors configured to monitor the real-world environment to perform the coordination monitor the real-world environment to facilitate the coordination of a real image and a second layer virtual image by including one or more cameras or sensors configured to monitor the real- world environment to perform the coordination of a real image and a second virtual image as taught by Blum and use this feature along with the coordination of the presentation of the first layer of virtual features and the second layer of virtual features as taught by Gaeta.
The motivation to include Blum is to synchronize virtual and real image seen by user.
Regarding claim 15, Gaeta as modified by Ackley teaches, determine the first display time and the second display time as shown in claim 16 ( Gaeta, Column 9 Lines 16-22: "As the viewer is viewing the item of content while wearing the mobile device 178, the mobile device 178 may display additional content to augment the item of content displayed by the display system. This may require a synchronization process 174 to coordinate the timing of images displayed on the screen 152 and images displayed on the mobile device 178.") but doesn't expressly teach, receiving, at the processor, signals indicative of a real-world environment from one or more cameras or sensors, wherein the processor utilizes the received signals to determine the first display time and the second display time to facilitate coordination of presentation of the first layer of virtual features and the second layer of virtual features with elements in the real-world environment.
However, Blum teaches a processor receives signals indicative of a real-world environment from one or more cameras or sensors, wherein the processor utilizes the received signals to determine time to facilitate coordination of presentation of a layer of virtual features with elements in the real-world environment. ("[0005] In a second embodiment, a wearable electronic device includes goggles. The goggles include one or more displays disposed inside a frame front of the goggles, one or more cameras configured to capture an image of a real world environment associated with a ride of a theme park, and processing circuitry. The processing circuitry is configured to transmit the image of the real world environment to a computer graphics generation system, and to receive a signal from the computer graphics generation system. The signal includes a video stream of a virtualization of the real world environment along with at least one augmented reality (AR) image or at least one virtual reality (VR) image included in the video stream.");
Gaeta as modified by Ackley and Blum are analogous as they are from the field of augmented/virtual reality.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Gaeta as modified by Ackley to have included receiving, at the processor, signals indicative of a real-world environment from one or more cameras or sensors, wherein the processor utilizes the received signals to determine the first display time and the second display time to facilitate coordination of presentation of the first layer of virtual features and the second layer of virtual features with elements in the real-world environment by including a processor receives signals indicative of a real-world environment from one or more cameras or sensors, wherein the processor utilizes the received signals to determine time to facilitate coordination of presentation of a layer of virtual features with elements in the real-world environment as taught by Blum and use this feature along with the coordination of the presentation of the first layer of virtual features and the second layer of virtual features as taught by Gaeta.
The motivation to include Blum is to synchronize virtual and real image seen by user.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gaeta as modified by Ackley as applied claim 5 above and further in view of Alantz et al. (US patent Publication: 20150097864, "Alantz").
Regarding claim 9 Gaeta as modified by Ackley teaches wherein the second display is transparent or substantially transparent as shown above but is silent about wherein the second layer of virtual features comprise cracks, condensation, charring, rain drops, snow, or a combination thereof.
However, Alantz teaches, second layer of virtual features comprise cracks, condensation, charring, rain drops, snow, or a combination thereof ([0080 "As another illustrative example, the dynamic VR module 306 can define the structure of the simulation of the wind based on a temperature determined from the vehicle data 318. For example, if the temperature is a certain degree, the simulation of the wind in the virtual view may include particles of snow.”)
Gaeta as modified by Ackley and Alantz are analogous as they are from the field of Augmented or virtual reality.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of the claimed invention to have modified Gaeta as modified by Ackley to have second layer of virtual features comprise cracks, condensation, charring, rain drops, snow, or a combination thereof as taught by Alantz.
The motivation to for this modification is to provide virtual image based on dynamic environment.
Conclusion
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/SAPTARSHI MAZUMDER/Primary Examiner, Art Unit 2612
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