DETAILED ACTION
This Office Action is sent in response to Applicant's Communication received 12/09/2024 for 18973903. Claims 1-21 are presented.
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 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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/29/2025 was filed before the mailing date of a first action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. US 12164694 B2, hereinafter reference patent '694. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s).
As to claim 1, the reference patent teaches:
Instant application
Reference patent '694
A method of manipulating a virtual object in accordance with motion of a hand using information to track motion of the hand moving in a three-dimensional (3D) sensory space, wherein the information includes positions of calculation points determined for fingers, thumb and palm of the hand, the method including:
dynamically selecting at least one manipulation point to describe a point of interaction of the hand with a virtual object based on motion of the hand as tracked and positions of one or more calculation points of the calculation points determined by:
weighting distances between positions of one or more calculation points of the calculation points and an anchor point defined for the hand and selected according to a type of interaction or a location of where an interaction is to occur; and
selecting the dynamically selected at least one manipulation point relative to the one or more calculation points of the calculation points using at least the weighted distances between positions of the one or more of the calculation points and the anchor point; and
manipulating the virtual object by interaction between at least some of the calculation points and the dynamically selected at least one manipulation point.
1. A method of manipulating a virtual object, the method including:
obtaining for a hand detected in images capturing a portion of a three-dimensional (3D) sensory space, information to track motion of the hand moving in the three-dimensional (3D) sensory space, wherein the information includes positions of calculation points determined for fingers, thumb and palm of the hand;
dynamically selecting at least one manipulation point describing a point of interaction of the hand with a virtual object based on the motion of the hand as tracked and positions of one or more of the calculation points by:
weighting distances between positions of one or more of the calculation points and an anchor point defined for the hand and selected according to a type of interaction or a location of where an interaction is to occur;
determining an average distance of the weighted distances between positions of the one or more of the calculation points and the anchor point; and
selecting the at least one manipulation point relative to the one or more of the calculation points using the average distance; and
manipulating the virtual object by interaction between at least some of the calculation points and the dynamically selected at least one manipulation point.
Dependent claims 2-21 of the instant application are taught by dependent claims 2-21 of reference patent '694, respectively.
Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. US 11182685 B2, hereinafter reference patent '685. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s).
As to claim 1, the reference patent teaches:
Instant application
Reference patent '685
A method of manipulating a virtual object in accordance with motion of a hand using information to track motion of the hand moving in a three-dimensional (3D) sensory space, wherein the information includes positions of calculation points determined for fingers, thumb and palm of the hand, the method including:
dynamically selecting at least one manipulation point to describe a point of interaction of the hand with a virtual object based on motion of the hand as tracked and positions of one or more calculation points of the calculation points determined by:
weighting distances between positions of one or more calculation points of the calculation points and an anchor point defined for the hand and selected according to a type of interaction or a location of where an interaction is to occur; and
selecting the dynamically selected at least one manipulation point relative to the one or more calculation points of the calculation points using at least the weighted distances between positions of the one or more of the calculation points and the anchor point; and
manipulating the virtual object by interaction between at least some of the calculation points and the dynamically selected at least one manipulation point.
1. A method of manipulating a virtual object, the method including:
capturing images of a monitored portion of a three-dimensional (3D) sensory space;
detecting in the images captured, a hand moving in the three-dimensional (3D) sensory space;
generating for the hand detected, information to track motion of the hand, wherein the information generated includes positions of calculation points determined for fingers, thumb and palm of the hand;
dynamically selecting at least one manipulation point describing a point of interaction of the hand with a virtual object based on the motion of the hand as tracked and positions of one or more of the calculation points by:
weighting distances between positions of one or more of the calculation points and an anchor point defined for the hand and selected according to a type of interaction and/or a location of where an interaction is to occur;
determining an average distance of the weighted distances between positions of the calculation points and the anchor point; and
selecting the at least one manipulation point relative to the calculation points using the average distance; and
manipulating the virtual object by interaction between at least some of the calculation points and the dynamically selected manipulation point.
Claims 2-21 of the instant application are taught by dependent claims 2-22 of reference patent '694, respectively.
Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. US 9996797 B1, hereinafter reference patent '797. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s).
As to claim 1, the reference patent teaches:
Instant application
Reference patent '797
A method of manipulating a virtual object in accordance with motion of a hand using information to track motion of the hand moving in a three-dimensional (3D) sensory space, wherein the information includes positions of calculation points determined for fingers, thumb and palm of the hand, the method including:
dynamically selecting at least one manipulation point to describe a point of interaction of the hand with a virtual object based on motion of the hand as tracked and positions of one or more calculation points of the calculation points determined by:
weighting distances between positions of one or more calculation points of the calculation points and an anchor point defined for the hand and selected according to a type of interaction or a location of where an interaction is to occur; and
selecting the dynamically selected at least one manipulation point relative to the one or more calculation points of the calculation points using at least the weighted distances between positions of the one or more of the calculation points and the anchor point; and
manipulating the virtual object by interaction between at least some of the calculation points and the dynamically selected at least one manipulation point.
1. A method of manipulating a virtual object, the method including:
detecting a hand in images of a three-dimensional (3D) sensory space captured by at least one sensor;
generating from the images a predictive model of the hand, wherein the predictive model is used to track motion of the hand;
assigning in the predictive model, calculation points assigned to portions of the predictive model corresponding to positions of fingers, thumb and palm of the hand;
dynamically selecting at least one manipulation point describing a point of interaction of the hand with virtual objects based on the motion of the hand tracked by the predictive model by:
weighting distances between positions of one or more of the calculation points and an anchor point defined for the predictive model and selected according to a type of interaction and/or a location of where an interaction is to occur;
determining an average distance of the weighted distances between positions of the calculation points and the anchor point; and
selecting the at least one manipulation point relative to the calculation points using the average distance; and
manipulating the virtual object with the hand by interaction between at least some calculation points of the predictive model and the manipulation point.
Claims 2-21 of the instant application are taught by dependent claims 2-23 of reference patent '797, respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hilliges et al. (US 20140104274 A1), King et al. (US 20110164029 A1), Radivojevic et al. (US 20080005703 A1), and Rafii (US 8854433 B1) generally teach manipulating virtual objects based on detected finger points.
Chen (US 20120110447 A1) generally teaches a point of interaction based on distances and calculation points.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA HUYNH whose telephone number is (571)272-5240 and email is linda.huynh@uspto.gov. The examiner can normally be reached M-F between 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Queler can be reached at (571) 272-4140. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDA HUYNH/Primary Examiner, Art Unit 2172
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