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 .
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 10-11 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 10, 15 and 19 of U.S. Patent No. 12,205,230 and further in view of Border et al. (US 2013/0278631, hereinafter Border). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2, 10-11 and 19 in the current application are similarly recited as the reference claims 1-2, 10, 15 and 19 of US Patent No. 12,205,230 in view of Border.
Below is a table indicating the corresponding relationship between claims 1-2, 10-11 and 19 of the current application and claims 1-2, 10, 15 and 19 of US Patent No. 12,205,230.
Current Application
U.S. Patent: 12,205,230
1
1
2
2
10
10
11
15
19
19
To perform analysis required, claim 1 of the current application is compared to claim 1 of U.S. Patent No. 12,205,230.
Claim 1: Current Application
Claim 1: U.S. Patent No. 12,205,230
A method, comprising:
retrieving personal information relating to a user of a wearable head device;
receiving digital content associated with a pre-selected location, wherein the digital content comprises an advertisement;
determining, via one or more sensors of the wearable head device, whether the user is at a geo-spatial location associated with the pre-selected location;
and in accordance with a determination that the user is at the geo-spatial location: presenting the advertisement on a see-through display of the wearable head device,
wherein said presenting the advertisement on the see-through display comprises: indicating a spatial relationship between the advertisement and a physical structure associated with the geo-spatial location, and
presenting the advertisement on the see-through display based on the personal information and at a position based on the marker.
wherein the pre-selected location is pre-selected based on the personal information,
receiving sensor data from a sensor of the wearable head device; determining, based on the sensor data, a marker proximate to the geo-spatial location; and
A method, comprising:
retrieving personal information relating to a user of a wearable head device;
receiving digital content associated with a location type, wherein the digital content comprises an advertisement;
determining, via one or more sensors of the wearable head device, whether the user is at a geo-spatial location associated with the location type;
and in accordance with a determination that the user is at the geo-spatial location, presenting the advertisement on a see-through display of the wearable head device,
wherein: presenting the advertisement on the see-through display comprises indicating a spatial relationship between the advertisement and a physical structure associated with the geo-spatial location,
and further comprises presenting the advertisement on the see-through display based on the personal information.
Claim 1 of U.S. Patent No. 12,205,230 does not explicitly teach wherein the pre-selected location is pre-selected based on the personal information, receiving sensor data from a sensor of the wearable head device; determining, based on the sensor data, a marker proximate to the geo-spatial location; and presenting the advertisement on the see-through display at a position based on the marker.
Border teaches wherein the pre-selected location is pre-selected based on the personal information (the location (particular store) where the advertisement is displayed to the user is determined by the user’s historical/past behavior; [0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0742]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0743]: the wearer may be window-shopping in Manhattan, where stores are equipped with such advertising providing facilities. As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS. In an embodiment, the location of the user may be further refined via other integrated sensors, such as a magnetometer to enable hyperlocal augmented reality advertising. For example, a user on a ground floor of a mall may receive certain advertisements if the magnetometer and GPS readings place the user in front of a particular store; [0752]: In embodiments, the user may wear the head-mounted eyepiece wherein the eyepiece includes an optical assembly through which the user may view a surrounding environment and displayed content. The displayed content may comprise one or more local advertisements. The location of the eyepiece may be determined by an integrated location sensor and the local advertisement may have a relevance to the location of the eyepiece. By way of example, the user's location may be determined via GPS, RFID, manual input, and the like. Further, the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view. The user may experience similar types of local advertisements as he or she moves about the surrounding environment; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment), receiving sensor data from a sensor of the wearable head device ([0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user's location may be determined via GPS, RFID, manual input, and the like; [1024]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising)); determining, based on the sensor data, a marker proximate to the geo-spatial location (POI is functionally analogous to geo-spatial location; when a user is near a POI, the marker detector can identify a marker associated with the POI; [0691]: eyepiece facilities may provide for presenting displayed content corresponding to an identified marker indicative of the intention to display the content. That is, the eyepiece may be commanded to display certain content based upon sensing a predetermined external visual cue. The visual cue may be an image, an icon, a picture, face recognition, a hand configuration, a body configuration, and the like; [1024]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising); [1055]: A GPS for general marker location near a POI may be created; [1056]: a system may comprise an interactive head-mounted eyepiece worn by a user wherein the eyepiece wherein the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content, an integrated image source for introducing the content to the optical assembly, and an integrated processor that generates a marker for a point of interest based on a GPS reading and stores the marker in a memory of the eyepiece); and presenting the advertisement on the see-through display at a position based on the marker ([0691]: The displayed content may be an interface device that is brought up for use, a navigation aid to help the user find a location once they get to some travel location, an advertisement when the eyepiece views a target image, an informational profile, and the like. In embodiments, visual marker cues and their associated content for display may be stored in memory on the eyepiece, in an external computer storage facility and imported as needed (such as by geographic location, proximity to a trigger target, command by the user, and the like), generated by a third-party, and the like. In embodiments, the user may wear the interactive head-mounted eyepiece, where the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content; [0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0742]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Border’s knowledge of using a marker identified by the sensors to present advertisement to the user and modify the process of claim 1 of U.S. Patent No. 12,205,230 because such a process provides the wearer of the eyepiece with an automated resource for associating a predetermined external visual cue with a desired outcome in the way of projected content, thus freeing the wearer from searching for the cues themselves ([0691]).
Similarly, ODP rejection can be shown for claims 2, 10-11 and 19 of the current application, as limitations in claims 2, 10-11 and 19 are similarly recited as the limitations in the reference claims 2, 10, 15 and 19 of U.S. Patent No. 12,205,230 and further in view of Border.
Claims 1-2, 10-11 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 8, 13 and 15 of U.S. Patent No. 11,887,265 and further in view of Border. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2, 10-11 and 19 in the current application are similarly recited as the reference claims 1-2, 8, 13 and 15 of US Patent No. 11,887,265 in view of Border.
Below is a table indicating the corresponding relationship between claims 1-2, 10-11 and 19 of the current application and claims 1-2, 8, 13 and 15 of US Patent No. 11,887,265.
Current Application
U.S. Patent: 11,887,265
1
1
2
2
10
8
11
13
19
15
To perform analysis required, claim 1 of the current application is compared to claim 1 of U.S. Patent No. 11,887,265.
Claim 1: Current Application
Claim 1: U.S. Patent No. 11,887,265
A method, comprising:
retrieving personal information relating to a user of a wearable head device;
receiving digital content associated with a pre-selected location, wherein the digital content comprises an advertisement;
determining, via one or more sensors of the wearable head device, whether the user is at a geo-spatial location associated with the pre-selected location;
and in accordance with a determination that the user is at the geo-spatial location: presenting the advertisement on a see-through display of the wearable head device,
wherein said presenting the advertisement on the see-through display comprises: indicating a spatial relationship between the advertisement and a physical structure associated with the geo-spatial location, and
presenting the advertisement on the see-through display based on the personal information and at a position based on the marker.
wherein the pre-selected location is pre-selected based on the personal information,
receiving sensor data from a sensor of the wearable head device; determining, based on the sensor data, a marker proximate to the geo-spatial location; and
A method, comprising:
retrieving personal information relating to a user of a wearable head device;
receiving digital content associated with a location type, wherein the digital content comprises an advertisement;
determining, via one or more sensors of the wearable head device, whether the user is at a geo-spatial location associated with the location type;
and in accordance with a determination that the user is at the geo-spatial location, presenting the advertisement on a see-through display of the wearable head device,
wherein: presenting the advertisement on the see-through display comprises indicating a spatial relationship between the advertisement and the physical structure,
and further comprises presenting the advertisement on the see-through display based on the personal information.
detecting, via the one or more sensors of the wearable head device, a physical structure associated with the geo-spatial location;
Claim 1 of U.S. Patent No. 11,887,265 does not explicitly teach wherein the pre-selected location is pre-selected based on the personal information, receiving sensor data from a sensor of the wearable head device; determining, based on the sensor data, a marker proximate to the geo-spatial location; and presenting the advertisement on the see-through display at a position based on the marker.
Border teaches wherein the pre-selected location is pre-selected based on the personal information (the location (particular store) where the advertisement is displayed to the user is determined by the user’s historical/past behavior; [0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0742]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0743]: the wearer may be window-shopping in Manhattan, where stores are equipped with such advertising providing facilities. As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS. In an embodiment, the location of the user may be further refined via other integrated sensors, such as a magnetometer to enable hyperlocal augmented reality advertising. For example, a user on a ground floor of a mall may receive certain advertisements if the magnetometer and GPS readings place the user in front of a particular store; [0752]: In embodiments, the user may wear the head-mounted eyepiece wherein the eyepiece includes an optical assembly through which the user may view a surrounding environment and displayed content. The displayed content may comprise one or more local advertisements. The location of the eyepiece may be determined by an integrated location sensor and the local advertisement may have a relevance to the location of the eyepiece. By way of example, the user's location may be determined via GPS, RFID, manual input, and the like. Further, the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view. The user may experience similar types of local advertisements as he or she moves about the surrounding environment; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment), receiving sensor data from a sensor of the wearable head device ([0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user's location may be determined via GPS, RFID, manual input, and the like; [1024]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising)); determining, based on the sensor data, a marker proximate to the geo-spatial location (POI is functionally analogous to geo-spatial location; when a user is near a POI, the marker detector can identify a marker associated with the POI; [0691]: eyepiece facilities may provide for presenting displayed content corresponding to an identified marker indicative of the intention to display the content. That is, the eyepiece may be commanded to display certain content based upon sensing a predetermined external visual cue. The visual cue may be an image, an icon, a picture, face recognition, a hand configuration, a body configuration, and the like; [1024]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising); [1055]: A GPS for general marker location near a POI may be created; [1056]: a system may comprise an interactive head-mounted eyepiece worn by a user wherein the eyepiece wherein the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content, an integrated image source for introducing the content to the optical assembly, and an integrated processor that generates a marker for a point of interest based on a GPS reading and stores the marker in a memory of the eyepiece); and presenting the advertisement on the see-through display at a position based on the marker ([0691]: The displayed content may be an interface device that is brought up for use, a navigation aid to help the user find a location once they get to some travel location, an advertisement when the eyepiece views a target image, an informational profile, and the like. In embodiments, visual marker cues and their associated content for display may be stored in memory on the eyepiece, in an external computer storage facility and imported as needed (such as by geographic location, proximity to a trigger target, command by the user, and the like), generated by a third-party, and the like. In embodiments, the user may wear the interactive head-mounted eyepiece, where the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content; [0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0742]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Border’s knowledge of using a marker identified by the sensors to present advertisement to the user and modify the process of claim 1 of U.S. Patent No. 11,887,265 because such a process provides the wearer of the eyepiece with an automated resource for associating a predetermined external visual cue with a desired outcome in the way of projected content, thus freeing the wearer from searching for the cues themselves ([0691]).
Similarly, ODP rejection can be shown for claims 2, 10-11 and 19 of the current application, as limitations in claims 2, 10-11 and 19 are similarly recited as the limitations in the reference claims 2, 8, 13 and 15 of U.S. Patent No. 11,887,265 and further in view of Border.
Claims 1-2, 10-11 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 8, 13 and 15 of U.S. Patent No. 11,663,794 and further in view of Border. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2, 10-11 and 19 in the current application are similarly recited as the reference claims 1-2, 8, 13 and 15 of US Patent No. 11,663,794 in view of Border.
Below is a table indicating the corresponding relationship between claims 1-2, 10-11 and 19 of the current application and claims 1-2, 8, 13 and 15 of US Patent No. 11,663,794.
Current Application
U.S. Patent: 11,663,794
1
1
2
2
10
8
11
13
19
15
To perform analysis required, claim 1 of the current application is compared to claim 1 of U.S. Patent No. 11,663,794.
Claim 1: Current Application
Claim 1: U.S. Patent No. 11,663,794
A method, comprising:
retrieving personal information relating to a user of a wearable head device;
receiving digital content associated with a pre-selected location, wherein the digital content comprises an advertisement;
determining, via one or more sensors of the wearable head device, whether the user is at a geo-spatial location associated with the pre-selected location;
and in accordance with a determination that the user is at the geo-spatial location: presenting the advertisement on a see-through display of the wearable head device,
wherein said presenting the advertisement on the see-through display comprises: indicating a spatial relationship between the advertisement and a physical structure associated with the geo-spatial location, and
presenting the advertisement on the see-through display based on the personal information and at a position based on the marker.
wherein the pre-selected location is pre-selected based on the personal information,
receiving sensor data from a sensor of the wearable head device; determining, based on the sensor data, a marker proximate to the geo-spatial location; and
A method, comprising:
retrieving personal information relating to a user of a wearable head device;
receiving digital content associated with a geo-spatial location of a physical structure, wherein the digital content comprises an advertisement;
detecting, via one or more sensors of the wearable head device, the physical structure; determining, via the one or more sensors of the wearable head device, whether the user is near the geo-spatial location;
and in accordance with a determination that the user is near the geo-spatial location, presenting the digital content on a see-through display of the wearable head device,
wherein: presenting the digital content on the see-through display comprises indicating a spatial relationship between the digital content and the physical structure,
and further comprises presenting the digital content on the see-through display based on the personal information.
Claim 1 of U.S. Patent No. 11,663,794 does not explicitly teach wherein the pre-selected location is pre-selected based on the personal information, receiving sensor data from a sensor of the wearable head device; determining, based on the sensor data, a marker proximate to the geo-spatial location; and presenting the advertisement on the see-through display at a position based on the marker.
Border teaches wherein the pre-selected location is pre-selected based on the personal information (the location (particular store) where the advertisement is displayed to the user is determined by the user’s historical/past behavior; [0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0742]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0743]: the wearer may be window-shopping in Manhattan, where stores are equipped with such advertising providing facilities. As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS. In an embodiment, the location of the user may be further refined via other integrated sensors, such as a magnetometer to enable hyperlocal augmented reality advertising. For example, a user on a ground floor of a mall may receive certain advertisements if the magnetometer and GPS readings place the user in front of a particular store; [0752]: In embodiments, the user may wear the head-mounted eyepiece wherein the eyepiece includes an optical assembly through which the user may view a surrounding environment and displayed content. The displayed content may comprise one or more local advertisements. The location of the eyepiece may be determined by an integrated location sensor and the local advertisement may have a relevance to the location of the eyepiece. By way of example, the user's location may be determined via GPS, RFID, manual input, and the like. Further, the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view. The user may experience similar types of local advertisements as he or she moves about the surrounding environment; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment), receiving sensor data from a sensor of the wearable head device ([0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user's location may be determined via GPS, RFID, manual input, and the like; [1024]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising)); determining, based on the sensor data, a marker proximate to the geo-spatial location (POI is functionally analogous to geo-spatial location; when a user is near a POI, the marker detector can identify a marker associated with the POI; [0691]: eyepiece facilities may provide for presenting displayed content corresponding to an identified marker indicative of the intention to display the content. That is, the eyepiece may be commanded to display certain content based upon sensing a predetermined external visual cue. The visual cue may be an image, an icon, a picture, face recognition, a hand configuration, a body configuration, and the like; [1024]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising); [1055]: A GPS for general marker location near a POI may be created; [1056]: a system may comprise an interactive head-mounted eyepiece worn by a user wherein the eyepiece wherein the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content, an integrated image source for introducing the content to the optical assembly, and an integrated processor that generates a marker for a point of interest based on a GPS reading and stores the marker in a memory of the eyepiece); and presenting the advertisement on the see-through display at a position based on the marker ([0691]: The displayed content may be an interface device that is brought up for use, a navigation aid to help the user find a location once they get to some travel location, an advertisement when the eyepiece views a target image, an informational profile, and the like. In embodiments, visual marker cues and their associated content for display may be stored in memory on the eyepiece, in an external computer storage facility and imported as needed (such as by geographic location, proximity to a trigger target, command by the user, and the like), generated by a third-party, and the like. In embodiments, the user may wear the interactive head-mounted eyepiece, where the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content; [0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0742]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Border’s knowledge of using a marker identified by the sensors to present advertisement to the user and modify the process of claim 1 of U.S. Patent No. 11,663,794 because such a process provides the wearer of the eyepiece with an automated resource for associating a predetermined external visual cue with a desired outcome in the way of projected content, thus freeing the wearer from searching for the cues themselves ([0691]).
Similarly, ODP rejection can be shown for claims 2, 10-11 and 19 of the current application, as limitations in claims 2, 10-11 and 19 are similarly recited as the limitations in the reference claims 2, 10, 13 and 15 of U.S. Patent No. 11,663,794 and further in view of Border.
Claims 1, 10 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4, 11 and 17 of U.S. Patent No. 11,360,318 and further in view of Border. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 10 and 19 in the current application are similarly recited as the reference claims 4, 11 and 17 of US Patent No. 11,360,318 in view of Border.
Below is a table indicating the corresponding relationship between claims 1, 10 and 19 of the current application and claims 4, 11 and 17 of US Patent No. 11,360,318.
Current Application
U.S. Patent: 11,360,318
1
4
10
11
19
17
To perform analysis required, claim 1 of the current application is compared to claim 4 of U.S. Patent No. 11,360,318.
Claim 1: Current Application
Claim 4: U.S. Patent No. 11,360,318
A method, comprising:
retrieving personal information relating to a user of a wearable head device;
receiving digital content associated with a pre-selected location, wherein the digital content comprises an advertisement;
determining, via one or more sensors of the wearable head device, whether the user is at a geo-spatial location associated with the pre-selected location;
and in accordance with a determination that the user is at the geo-spatial location: presenting the advertisement on a see-through display of the wearable head device,
wherein said presenting the advertisement on the see-through display comprises: indicating a spatial relationship between the advertisement and a physical structure associated with the geo-spatial location, and
presenting the advertisement on the see-through display based on the personal information and at a position based on the marker.
wherein the pre-selected location is pre-selected based on the personal information,
receiving sensor data from a sensor of the wearable head device; determining, based on the sensor data, a marker proximate to the geo-spatial location; and
A method, comprising:
retrieving personal information relating to a user of a wearable head device, wherein the personal information is associated with a display attribute;
receiving digital content associated with a geo-spatial location of a physical structure;
detecting, via one or more sensors of the wearable head device, the physical structure; determining, via the one or more sensors of the wearable head device, whether the user is near the geo-spatial location;
and in accordance with a determination that the user is near the geo-spatial location, presenting the digital content on a see-through display of the wearable head device,
wherein: presenting the digital content on the see-through display comprises indicating a spatial relationship between the digital content and the physical structure, and
the digital content is presented on the see-through display based on the display attribute associated with the personal information.
Claim 4 of U.S. Patent No. 11,360,318does not explicitly teach wherein the pre-selected location is pre-selected based on the personal information, receiving sensor data from a sensor of the wearable head device; determining, based on the sensor data, a marker proximate to the geo-spatial location; and presenting the advertisement on the see-through display at a position based on the marker.
Border teaches wherein the pre-selected location is pre-selected based on the personal information (the location (particular store) where the advertisement is displayed to the user is determined by the user’s historical/past behavior; [0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0742]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0743]: the wearer may be window-shopping in Manhattan, where stores are equipped with such advertising providing facilities. As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS. In an embodiment, the location of the user may be further refined via other integrated sensors, such as a magnetometer to enable hyperlocal augmented reality advertising. For example, a user on a ground floor of a mall may receive certain advertisements if the magnetometer and GPS readings place the user in front of a particular store; [0752]: In embodiments, the user may wear the head-mounted eyepiece wherein the eyepiece includes an optical assembly through which the user may view a surrounding environment and displayed content. The displayed content may comprise one or more local advertisements. The location of the eyepiece may be determined by an integrated location sensor and the local advertisement may have a relevance to the location of the eyepiece. By way of example, the user's location may be determined via GPS, RFID, manual input, and the like. Further, the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view. The user may experience similar types of local advertisements as he or she moves about the surrounding environment; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment), receiving sensor data from a sensor of the wearable head device ([0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user's location may be determined via GPS, RFID, manual input, and the like; [1024]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising)); determining, based on the sensor data, a marker proximate to the geo-spatial location (POI is functionally analogous to geo-spatial location; when a user is near a POI, the marker detector can identify a marker associated with the POI; [0691]: eyepiece facilities may provide for presenting displayed content corresponding to an identified marker indicative of the intention to display the content. That is, the eyepiece may be commanded to display certain content based upon sensing a predetermined external visual cue. The visual cue may be an image, an icon, a picture, face recognition, a hand configuration, a body configuration, and the like; [1024]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising); [1055]: A GPS for general marker location near a POI may be created; [1056]: a system may comprise an interactive head-mounted eyepiece worn by a user wherein the eyepiece wherein the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content, an integrated image source for introducing the content to the optical assembly, and an integrated processor that generates a marker for a point of interest based on a GPS reading and stores the marker in a memory of the eyepiece); and presenting the advertisement on the see-through display at a position based on the marker ([0691]: The displayed content may be an interface device that is brought up for use, a navigation aid to help the user find a location once they get to some travel location, an advertisement when the eyepiece views a target image, an informational profile, and the like. In embodiments, visual marker cues and their associated content for display may be stored in memory on the eyepiece, in an external computer storage facility and imported as needed (such as by geographic location, proximity to a trigger target, command by the user, and the like), generated by a third-party, and the like. In embodiments, the user may wear the interactive head-mounted eyepiece, where the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content; [0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0742]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Border’s knowledge of using a marker identified by the sensors to present advertisement to the user and modify the process of claim 1 of U.S. Patent No. 12,205,230 because such a process provides the wearer of the eyepiece with an automated resource for associating a predetermined external visual cue with a desired outcome in the way of projected content, thus freeing the wearer from searching for the cues themselves ([0691]).
Similarly, ODP rejection can be shown for claims 10 and 19 of the current application, as limitations in claims 10 and 19 are similarly recited as the limitations in the reference claims 11 and 17 of U.S. Patent No. 11,360,318 and further in view of Border.
Allowable Subject Matter
Claims 3-9, 12-18 and 20 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.
The closest prior art of Border et al. (US 2013/0278631) describes a method, comprising:
retrieving personal information relating to a user of a wearable head device ([0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0743]: one may store personal profile information such that the advertising providing facility is able to better match advertisements to the needs of the wearer, the wearer may provide preferences for advertisements, the wearer may block at least some of the advertisements, and the like; [0756]: the content of the local advertisement may be determined based on the user's personal information. The user's information may be made available to a web application, an advertising facility and the like. Further, a web application, advertising facility or the user's eyepiece may filter the advertising based on the user's personal information. Generally, for example, a user may store personal information about his likes and dislikes and such information may be used to direct advertising to the user's eyepiece. By way of specific example, the user may store data about his affinity for a local sports team, and as advertisements are made available, those advertisements with his favorite sports team may be given preference and pushed to the user. Similarly, a user's dislikes may be used to exclude certain advertisements from view. In various embodiments, the advertisements may be cashed on a server where the advertisement may be accessed by at least one of an advertising facility, web application and eyepiece and displayed to the user; [0760]: The wearer, in accordance with this embodiment, may want to get information about a place in which the user may be present at a particular time such as during driving, walking, jogging and the like);
receiving digital content (information/local advertisement) associated with a pre-selected location (building/geo-located locations such as a portion of a street, a street, sidewalk, a block, etc.; [0760]: the user may receive information about real estate for sale or rent using mobile Internet applications such as Layar. In one such application, information about buildings within the user's field of view is projected onto the inside of the glasses for consideration by the user; [0716]: SREngine is a scene recognition engine that is able to identify objects viewed by the user's camera; [0743]: local advertisements may be stored on a server that contains geo-located local advertisements and specials, and these advertisements may be delivered to the wearer individually as the wearer approaches a particular location, or a set of advertisements may be delivered to the wearer in bulk when the wearer enters a geographic area that is associated with the advertisements so that the advertisements are available when the user nears a particular location. The geographic location may be a city, a part of the city, a number of blocks, a single block, a street, a portion of the street, sidewalk, and the like, representing regional, local, hyper-local areas), wherein the pre-selected location is pre-selected based on the personal information (the location (particular store) where the advertisement is displayed to the user is determined by the user’s historical/past behavior; [0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0742]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0743]: the wearer may be window-shopping in Manhattan, where stores are equipped with such advertising providing facilities. As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS. In an embodiment, the location of the user may be further refined via other integrated sensors, such as a magnetometer to enable hyperlocal augmented reality advertising. For example, a user on a ground floor of a mall may receive certain advertisements if the magnetometer and GPS readings place the user in front of a particular store; [0752]: In embodiments, the user may wear the head-mounted eyepiece wherein the eyepiece includes an optical assembly through which the user may view a surrounding environment and displayed content. The displayed content may comprise one or more local advertisements. The location of the eyepiece may be determined by an integrated location sensor and the local advertisement may have a relevance to the location of the eyepiece. By way of example, the user's location may be determined via GPS, RFID, manual input, and the like. Further, the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view. The user may experience similar types of local advertisements as he or she moves about the surrounding environment; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment), wherein the digital content comprises an advertisement ([0756]: the content of the local advertisement may be determined based on the user's personal information. The user's information may be made available to a web application, an advertising facility and the like. Further, a web application, advertising facility or the user's eyepiece may filter the advertising based on the user's personal information. Generally, for example, a user may store personal information about his likes and dislikes and such information may be used to direct advertising to the user's eyepiece. By way of specific example, the user may store data about his affinity for a local sports team, and as advertisements are made available, those advertisements with his favorite sports team may be given preference and pushed to the user. Similarly, a user's dislikes may be used to exclude certain advertisements from view. In various embodiments, the advertisements may be cashed on a server where the advertisement may be accessed by at least one of an advertising facility, web application and eyepiece and displayed to the user);
determining, via one or more sensors of the wearable head device (integrated sensors such as magnetometer and GPS), whether the user is at a geo-spatial location associated with the pre-selected location ([0743]: the wearer may be window-shopping in Manhattan, where stores are equipped with such advertising providing facilities. As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS. In an embodiment, the location of the user may be further refined via other integrated sensors, such as a magnetometer to enable hyperlocal augmented reality advertising. For example, a user on a ground floor of a mall may receive certain advertisements if the magnetometer and GPS readings place the user in front of a particular store; [0752]: The location of the eyepiece may be determined by an integrated location sensor and the local advertisement may have a relevance to the location of the eyepiece. By way of example, the user's location may be determined via GPS, RFID, manual input, and the like. Further, the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view; [0760]: The wearer, in accordance with this embodiment, may want to get information about a place in which the user may be present at a particular time such as during driving, walking, jogging and the like); and
in accordance with a determination that the user is at the geo-spatial location:
receiving sensor data from a sensor of the wearable head device ([0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user's location may be determined via GPS, RFID, manual input, and the like; [1024]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising));
determining, based on the sensor data, a marker proximate to the geo-spatial location (POI is functionally analogous to geo-spatial location; when a user is near a POI, the marker detector can identify a marker associated with the POI; [0691]: eyepiece facilities may provide for presenting displayed content corresponding to an identified marker indicative of the intention to display the content. That is, the eyepiece may be commanded to display certain content based upon sensing a predetermined external visual cue. The visual cue may be an image, an icon, a picture, face recognition, a hand configuration, a body configuration, and the like; [1024]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising); [1055]: A GPS for general marker location near a POI may be created; [1056]: a system may comprise an interactive head-mounted eyepiece worn by a user wherein the eyepiece wherein the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content, an integrated image source for introducing the content to the optical assembly, and an integrated processor that generates a marker for a point of interest based on a GPS reading and stores the marker in a memory of the eyepiece); and
presenting the advertisement on a see-through display of the wearable head device ([0691]: The displayed content may be an interface device that is brought up for use, a navigation aid to help the user find a location once they get to some travel location, an advertisement when the eyepiece views a target image, an informational profile, and the like. In embodiments, visual marker cues and their associated content for display may be stored in memory on the eyepiece, in an external computer storage facility and imported as needed (such as by geographic location, proximity to a trigger target, command by the user, and the like), generated by a third-party, and the like. In embodiments, the user may wear the interactive head-mounted eyepiece, where the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content; [0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment),
wherein said presenting the advertisement on the see-through display comprises:
presenting the advertisement on the see-through display based on the personal information and at a position based on the marker ([0691]: The displayed content may be an interface device that is brought up for use, a navigation aid to help the user find a location once they get to some travel location, an advertisement when the eyepiece views a target image, an informational profile, and the like. In embodiments, visual marker cues and their associated content for display may be stored in memory on the eyepiece, in an external computer storage facility and imported as needed (such as by geographic location, proximity to a trigger target, command by the user, and the like), generated by a third-party, and the like. In embodiments, the user may wear the interactive head-mounted eyepiece, where the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content; [0691]: The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0742]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0743]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0752]: the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view; [0754]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment).
Another close prior art of Border et al. (US 2012/0212398) teaches a method, comprising:
retrieving personal information relating to a user of a wearable head device ([0480] describes the content for the local advertisement may be determined based on the user's personal information and that the user's information is made available to a web application, an advertising facility; [0484]: wearer may want to get information about a place in which the user may be present at a particular time such as during driving, walking, jogging and the like. If the wearer is interested in real estate, information about buildings within the user's field of view that are available for rent or purchase is presented to the user; fig. 119 and [0917]: identify objects of interest to the user in the user's field of view);
receiving digital content associated with a pre-selected location (coffee shop/building/geo-located), wherein the pre-selected location is pre-selected based on the personal information ([0417]: eyepiece facilities may provide for presenting displayed content corresponding to an identified marker indicative of the intention to display the content … The sign may be a billboard, and the advertisement for a personalized advertisement based on a preferences profile of the user; [0466]: As a result, offers may be targeted based on the location and the event related to the eyepiece, such as what the user saw, heard, interacted with, and the like. In embodiments, ad targeting may be based on historical behavior, such as based on what the user has interacted with in the past, patterns of interactions, and the like; [0467]: the wearer may be window-shopping in Manhattan, where stores are equipped with such advertising providing facilities. As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS. In an embodiment, the location of the user may be further refined via other integrated sensors, such as a magnetometer to enable hyperlocal augmented reality advertising. For example, a user on a ground floor of a mall may receive certain advertisements if the magnetometer and GPS readings place the user in front of a particular store; [0476]: In embodiments, the user may wear the head-mounted eyepiece wherein the eyepiece includes an optical assembly through which the user may view a surrounding environment and displayed content. The displayed content may comprise one or more local advertisements. The location of the eyepiece may be determined by an integrated location sensor and the local advertisement may have a relevance to the location of the eyepiece. By way of example, the user's location may be determined via GPS, RFID, manual input, and the like. Further, the user may be walking by a coffee shop, and based on the user's proximity to the shop, an advertisement, similar to that depicted in FIG. 19, showing the store's brand 1900, such as the band for a fast food restaurant or coffee may appear in the user's field of view; [0478]: the local advertisement may be displayed as a three-dimensional object that may be associated with or interact with the surrounding environment. In embodiments where the advertisement is associated with an object in the user's view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in FIG. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment); wherein the digital content comprises an advertisement ([0484]: wearer may want to get information about a place in which the user may be present at a particular time such as during driving, walking, jogging and the like. If the wearer is interested in real estate, information about buildings within the user's field of view that are available for rent or purchase is presented to the user; fig. 119 and [0917]: identify objects of interest to the user in the user's field of view; [0467] describes local advertisements may be stored on a server that contains geo-located local advertisements, and these advertisements may be delivered to the wearer individually as the wearer approaches a particular location. The geographic location may be a city, a part of the city, a number of blocks, a single block, a portion of the street, sidewalk, and the like, representing regional, local, hyper-local areas; [0475] describes the wearer may receive advertisements and offers automatically or based on request regarding current deals, promotions and events in the interested location such as a nearby shopping store; [0476] describes when a user is walking by a coffee shop, and based on user's proximity to the shop, an advertisement showing the store's brand is displayed to the user; [0473] describes when the wearer is food shopping, advertisement providing facilities may be providing information to the wearer in association with the products in the wearer's proximity; [0478] describes the local advertisement may be associated with a physical aspect of the user's view of the surrounding environment. The local advertisement may also be displayed as an augmented reality advertisement wherein the advertisement is associated with a physical object of the surrounding environment, e.g. a local advertisement may be associated with a physical billboard as described in fig. 18. In embodiments where the advertisement is associated with an object in the user’s view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in fig. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment; [0480] describes the content for the local advertisement may be determined based on the user's personal information; it should be noted that based on the user’s preferences, the points of interest relevant to the user based on his interest will be selected for advertisement);
determining, via one or more sensors of the wearable head device, whether the user is at a geo-spatial location associated with the pre-selected location ([0467]: the wearer may be window-shopping in Manhattan, where stores are equipped with such advertising providing facilities. As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS. In an embodiment, the location of the user may be further refined via other integrated sensors, such as a magnetometer to enable hyperlocal augmented reality advertising. For example, a user on a ground floor of a mall may receive certain advertisements if the magnetometer and GPS readings place the user in front of a particular store; [0484]: wearer may want to get information about a place in which the user may be present at a particular time such as during driving, walking, jogging and the like. If the wearer is interested in real estate, information about buildings within the user's field of view that are available for rent or purchase is presented to the user; fig. 119 and [0917]: identify objects of interest to the user in the user's field of view; [0467] describes local advertisements may be stored on a server that contains geo-located local advertisements, and these advertisements may be delivered to the wearer individually as the wearer approaches a particular location. The geographic location may be a city, a part of the city, a number of blocks, a single block, a portion of the street, sidewalk, and the like, representing regional, local, hyper-local areas; [0475] describes the wearer may receive advertisements and offers automatically or based on request regarding current deals, promotions and events in the interested location such as a nearby shopping store; [0476] describes when a user is walking by a coffee shop, and based on user's proximity to the shop, an advertisement showing the store's brand is displayed to the user; [0473] describes when the wearer is food shopping, advertisement providing facilities may be providing information to the wearer in association with the products in the wearer's proximity; [0478] describes the local advertisement may be associated with a physical aspect of the user's view of the surrounding environment. The local advertisement may also be displayed as an augmented reality advertisement wherein the advertisement is associated with a physical object of the surrounding environment, e.g. a local advertisement may be associated with a physical billboard as described in fig. 18. In embodiments where the advertisement is associated with an object in the user’s view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in fig. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment; [0480] describes the content for the local advertisement may be determined based on the user's personal information; it should be noted that based on the user’s preferences, the points of interest relevant to the user based on his interest will be selected for advertisement);
in accordance with a determination that the user is near the geo-spatial location,
receiving sensor data from a sensor of the wearable head device ([0247]: Other detection technologies, such as GPS, RFID, manual input, and the like, may be used to determine a wearer's location; [0467]: As the wearer walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor of the eyepiece, such as a GPS; [0709]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising));
determining, based on the sensor data, a marker proximate to the geo-spatial location (POI is functionally analogous to geo-spatial location; when a user is near a POI, the marker detector can identify a marker associated with the POI; [0417]: eyepiece facilities may provide for presenting displayed content corresponding to an identified marker indicative of the intention to display the content. That is, the eyepiece may be commanded to display certain content based upon sensing a predetermined external visual cue. The visual cue may be an image, an icon, a picture, face recognition, a hand configuration, a body configuration, and the like; [0709]: sensing inputs and/or sensing devices may include … marker detector (e.g. geo-location marker for advertising); [1055]: A GPS for general marker location near a POI may be created; [1056]: a system may comprise an interactive head-mounted eyepiece worn by a user wherein the eyepiece wherein the eyepiece includes an optical assembly through which the user views a surrounding environment and displayed content, an integrated image source for introducing the content to the optical assembly, and an integrated processor that generates a marker for a point of interest based on a GPS reading and stores the marker in a memory of the eyepiece);
presenting the digital content on a see-through display of the wearable head device ([0467] describes as the user walks by the stores, the advertising providing facilities may trigger the delivery of an advertisement to the wearer based on a known location of the user determined by an integrated location sensor such as a GPS), wherein:
presenting the advertisement on a see-through display (abstract) comprises presenting the digital content on the see-through display based on the personal information ([0469] describes roadside billboards containing offers and advertisements from sellers or service providers. The augmented advertisement may provide a live and near-to-reality perception to the user or the wearer; [0476] describes when a user is walking by a coffee shop, and based on user's proximity to the shop, an advertisement showing the store's brand is displayed to the user; [0478] describes the local advertisement may be associated with a physical aspect of the user's view of the surrounding environment. The local advertisement may also be displayed as an augmented reality advertisement wherein the advertisement is associated with a physical object of the surrounding environment, e.g. a local advertisement may be associated with a physical billboard as described in fig. 18. In embodiments where the advertisement is associated with an object in the user’s view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in fig. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment); and
a physical structure associated with the geo-spatial location ([0484]: wearer may want to get information about a place in which the user may be present at a particular time such as during driving, walking, jogging and the like. If the wearer is interested in real estate, information about buildings within the user's field of view that are available for rent or purchase is presented to the user; fig. 119 and [0917]: identify objects of interest to the user in the user's field of view; [0467] describes local advertisements may be stored on a server that contains geo-located local advertisements, and these advertisements may be delivered to the wearer individually as the wearer approaches a particular location. The geographic location may be a city, a part of the city, a number of blocks, a single block, a portion of the street, sidewalk, and the like, representing regional, local, hyper-local areas; [0475] describes the wearer may receive advertisements and offers automatically or based on request regarding current deals, promotions and events in the interested location such as a nearby shopping store; [0476] describes when a user is walking by a coffee shop, and based on user's proximity to the shop, an advertisement showing the store's brand is displayed to the user; [0473] describes when the wearer is food shopping, advertisement providing facilities may be providing information to the wearer in association with the products in the wearer's proximity; [0478] describes the local advertisement may be associated with a physical aspect of the user's view of the surrounding environment. The local advertisement may also be displayed as an augmented reality advertisement wherein the advertisement is associated with a physical object of the surrounding environment, e.g. a local advertisement may be associated with a physical billboard as described in fig. 18. In embodiments where the advertisement is associated with an object in the user’s view of the surrounding environment, the advertisement may remain associated with or in proximity to the object even as the user turns his head. For example, if an advertisement, such as the coffee cup as described in fig. 19, is associated with a particular building, the coffee cup advertisement may remain associated with and in place over the building even as the user turns his head to look at another object in his environment; [0480] describes the content for the local advertisement may be determined based on the user's personal information; it should be noted that based on the user’s preferences, the points of interest relevant to the user based on his interest will be selected for advertisement).
Siegel et al. (US 9202233) teaches that personal information of the user includes the types of physical structures in the environment that are of interest to the user (col. 7 lines 51-57).
Jin (US 2012/0047233) teaches the personal information provides an indication of a display attribute (weight information) defining a preferred manner of displaying content (attribute information regarding displaying detailed attribute information or basic attribute information corresponding to the recognized object such as building 1 or building 2 as shown in fig. 2; a user can choose to display detailed content or basic content depending on the type of physical structure) associated with the type of physical structure ([0026] and [0035]: preference information inputted by a user is used by the preference-based weight unit 127 to determine the attribute information of a recognized object by referring to the weight information storage unit 130 that stores a weight condition value depending on a preference of a user). Jin further teaches to select a display attribute based at least in part on the personal information ([0035]: Weight information storage unit 130 may store entertainment related priority information and shopping-related priority information. The preference-based weight unit 127 checks if an object being displayed is related to preference information that is input by a user. As a result of the checking, if the object is related to the preference information, the preference-based weight unit 127 determines attribute information of the object as highest, and as a result, the apparatus received detailed attribute information). Jin also teaches the digital content is perceived by the user to be associated with the instance of the type of structure at the selected geo-spatial location and displayed in accordance with the display attribute ([0035]: displaying the received attribute information together with the corresponding object; [0023]: the merging unit 129 receives attribute information based on the determined stage of attribute information from the object server and combines the received attribute information with the corresponding object to display both pieces of information on the display unit 140).
Huilgol (US 2015/0065171) describes configuring a physical or virtual marker accessible to a visitor in the area, allowing a user access to information from the mobile device and providing the user's device location-pertinent information; wherein the step of providing user information comprises providing the information without an explicit request from the user.
Hunter et al. (US 2013/0297422) describes when a customer is determined to be within proximity of a retail store's front door, the central server may transmit a message that indicates that a discount or other deal is somewhere nearby, thus providing incentive for the customer to walk around the retail store. The central server may transmit a message to a customer's mobile device executing a retail store app that causes the app to display an indicator of how close to a nearby deal the customer currently is (e.g., "You are getting COLD," "You are getting HOT!"). The central server may transmit a message that includes the identified marketing information to the customer's mobile device. For example, when the customer enters the front doors of the retail store, the central server may transmit the message to the customer's mobile device to present the customer with a greeting (e.g., "Welcome back!") or suggestions ("Why don't you buy these chips?").
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 3-9, 12-18 and 20, none of the cited prior art of record, teaches individually or in combination, the limitation “presenting the advertisement on the see-through display comprises: indicating a spatial relationship between the advertisement and a physical structure associated with the geo-spatial location”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JWALANT B AMIN whose telephone number is (571)272-2455. The examiner can normally be reached Monday-Friday 10am - 630pm CST.
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, Said Broome can be reached at 571-272-2931. 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.
/JWALANT AMIN/Primary Examiner, Art Unit 2612
Prosecution Insights