CTNF 18/984,002 CTNF 88953 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-30-03-h AIA Claim Interpretation Claim 20 is directed to “A machine-readable medium storing instructions that, when executed by a computer system, cause the computer system to perform operations …” Without any clarification as to the meaning of “machine-readable medium” and under the broadest reasonable interpretation, would include subject matter that is not eligible under 35 U.S.C. 101 (see MPEP 2106.03(II) – “For example, the BRI of machine readable media can encompass non-statutory transitory forms of signal transmission, such as a propagating electrical or electromagnetic signal per se. See In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007). When the BRI encompasses transitory forms of signal transmission, a rejection under 35 U.S.C. 101 as failing to claim statutory subject matter would be appropriate.”) An applicant, however, is allowed to act as their own lexicographer (see MPEP 2111.01(IV) – “The only exceptions to giving the words in a claim their ordinary and customary meaning in the art are (1) when the applicant acts as their own lexicographer; and (2) when the applicant disavows or disclaims the full scope of a claim term in the specification. To act as their own lexicographer, the applicant must clearly set forth a special definition of a claim term in the specification that differs from the plain and ordinary meaning it would otherwise possess. CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366, 62 USPQ2d 1658, 1662 (Fed. Cir. 2002).”) In the present application, applicant has acted as their own lexicographer with the phrase “machine-readable media.” In particular, applicant’s Specification explicitly defines the term, stating: “MACHINE-READABLE MEDIUM” in this context refers to a component, device, or other tangible medium able to store instructions and data temporarily or permanently, and may include, but is not limited to, random-access memory (RAM), read-only memory (ROM), buffer memory, flash memory, optical media, magnetic media, cache memory, other types of storage (e.g., Erasable Programmable Read-Only Memory (EPROM)), and/or any suitable combination thereof. The term “machine-readable medium” should be taken to include a single medium or multiple media (e.g., a centralized or distributed database, or associated caches and servers) able to store instructions. The term “machine-readable medium” shall also be taken to include any medium, or combination of multiple media, that is capable of storing instructions (e.g., code) for execution by a machine, such that the instructions, when executed by one or more processors of the machine, cause the machine to perform any one or more of the methodologies described herein. Accordingly, a “machine-readable medium” refers to a single storage apparatus or device, as well as “cloud-based” storage systems or storage networks that include multiple storage apparatus or devices. The term “machine-readable medium” excludes signals per se. (See Specification, filed 12/17/2024, ¶98) Accordingly, claim 20 is directed to a non-transitory computer readable medium by applicant’s own limiting definition in the Specification, and as such excludes signals per se that would otherwise render the claim indefinite under 35 U.S.C. 101. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto- processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of U.S. Patent No. 12,211,156 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are anticipated by the claims of U.S. Patent 12,211,156 . The following table illustrates the conflicting claim pairs: Present Application 1 2 3 4 5 6 7 8 9 10 U.S. Pat. 12,211,156 1 2 3 4 5 6 7 8 9 10 Present Application 11 12 13 14 15 16 17 18 19 20 U.S. Pat. 12,211,156 11 12 13 14 15 16 17 18 19 20 Regarding claim 1 of the present application, the following table illustrates the claim as compared to the limitations of claim 1 of U.S. Patent No. 12,211,156: Present Invention – Claim 1 U.S. Patent No. 12,211,156 – Claim 1 1 . A method comprising: 1. A method comprising: causing display, at a first device of a first user, of an interactive interface comprising interactive elements to specify virtual content item configuration data, the interactive interface comprising: a first interactive element comprising a set of selectable virtual content items; a second interactive element to specify a weather condition to trigger application of a virtual content item selected from the set of selectable virtual content items to a real-world environment that is visible to a second user via optical elements of a second device; and a third interactive element comprising a selectable set of real-world objects to trigger application of the virtual content item to the real-world environment; receiving, from a first device of a first user, virtual content item configuration data comprising a selection by the first user of the virtual content item to apply to a real-world environment that is visible to a second user via optical elements of a second device, receiving, from the first device of the first user, the virtual content item configuration data comprising a selection by the first user, from the selectable set of virtual content items, of the virtual content item to apply to the real-world environment that is visible to the second user via the optical elements of the second device, the virtual content item configuration data further specifying criteria for triggering application of the virtual content item to the real-world environment, the virtual content item comprising one or more media objects, the criteria including a first criterion comprising a weather condition and a second criterion comprising a real-world object; the virtual content item configuration data further specifying criteria for triggering application of the virtual content item to the real-world environment, the virtual content item comprising one or more media objects, the criteria including a first criterion comprising the weather condition specified by the first user via the second interactive element and a second criterion comprising a real-world object selected by the first user from the selectable set of real-world objects of the interactive interface; detecting a triggering event based on: determining the first criterion specifying the weather condition associated with the real-world environment is satisfied based on weather data associated with the real-world environment, and detecting a triggering event based on: determining the criterion specifying the weather condition associated with the real-world environment is satisfied based on weather data associated with the real-world environment, and detecting, in the real-world environment that is visible to the second user, the real-world object on an analysis of image data generated by a camera of the second device; and detecting, in the real-world environment that is visible to the second user, the real-world object selected by the first user from the selectable set of real-world objects of the interactive interface based on an analysis of image data generated by a camera of the second device; and based on detecting the triggering event, causing, by one or more processors, the optical elements of the second device to present the one or more media objects overlaid on the real-world environment that is visible to the second user via the optical elements of the second device. based on detecting the triggering event, causing, by one or more processors, the optical elements of the second device to present the one or more media objects overlaid on the real-world environment that is visible to the second user via the optical elements of the second device. Regarding claim 11 of the present application, the following table illustrates the claim as compared to the limitations of claim 11 of U.S. Patent No. 12,211,156: Present Invention – Claim 11 U.S. Patent No. 12,211,156 – Claim 11 11. A system comprising: 11. A system comprising: a memory that stores instructions; and one or more processors configured by the instructions to perform operations comprising: a memory that stores instructions; and one or more processors configured by the instructions to perform operations comprising: causing display, at a first device of a first user, of an interactive interface comprising interactive elements to specify virtual content item configuration data, the interactive interface comprising: a first interactive element comprising a set of selectable virtual content items; a second interactive element to specify a weather condition to trigger application of a virtual content item selected from the set of selectable virtual content items to a real-world environment that is visible to a second user via optical elements of a second device; and a third interactive element comprising a selectable set of real-world objects to trigger application of the virtual content item to the real-world environment; receiving, from a first device of a first user, virtual content item configuration data comprising a selection by the first user of a virtual content item to apply to a real-world environment that is visible to a second user via optical elements of a second device, receiving, from the first device of the first user, the virtual content item configuration data comprising a selection by the first user, from the selectable set of virtual content items, of the virtual content item to apply to the real-world environment that is visible to the second user via the optical elements of the second device, the virtual content item configuration data further specifying criteria for triggering application of the virtual content item to the real-world environment, the virtual content item comprising one or more media objects, the criteria including a first criterion comprising a weather condition and a second criterion comprising a real-world object; the virtual content item configuration data further specifying criteria for triggering application of the virtual content item to the real-world environment, the virtual content item comprising one or more media objects, the criteria including a first criterion comprising the weather condition specified by the first user via the second interactive element and a second criterion comprising a real-world object selected by the first user from the selectable set of real-world objects of the interactive interface; detecting a triggering event based on: determining the first criterion specifying the weather condition associated with the real-world environment is satisfied based on weather data associated with the real-world environment, and detecting a triggering event based on: determining the criterion specifying the weather condition associated with the real-world environment is satisfied based on weather data associated with the real-world environment, and detecting, in the real-world environment that is visible to the second user, the real-world object based on an analysis of image data generated by a camera of the second device; and detecting, in the real-world environment that is visible to the second user, the real-world object selected by the first user from the selectable set of real-world objects of the interactive interface based on an analysis of image data generated by a camera of the second device; and based on detecting the triggering event, causing the optical elements of the second device to present the one or more media objects overlaid on the real-world environment that is visible to the second user via the optical elements of the second device. based on detecting the triggering event, causing the optical elements of the second device to present the one or more media objects overlaid on the real-world environment that is visible to the second user via the optical elements of the second device. Regarding claim 20 of the present application, the following table illustrates the claim as compared to the limitations of claim 20 of U.S. Patent No. 12,211,156: Present Invention – Claim 20 U.S. Patent No. 12,211,156 – Claim 20 20. A machine-readable medium storing instructions that, when executed by a computer system, cause the computer system to perform operations comprising: 20. A machine-readable medium storing instructions that, when executed by a computer system, cause the computer system to perform operations comprising: causing display, at a first device of a first user, of an interactive interface comprising interactive elements to specify virtual content item configuration data, the interactive interface comprising: a first interactive element comprising a set of selectable virtual content items; a second interactive element to specify a weather condition to trigger application of a virtual content item selected from the set of selectable virtual content items to a real-world environment that is visible to a second user via optical elements of a second device; and a third interactive element comprising a selectable set of real-world objects to trigger application of the virtual content item to the real-world environment; receiving, from a first device of a first user, virtual content item configuration data comprising a selection by the first user of a virtual content item to apply to a real-world environment that is visible to a second user via optical elements of a second device, receiving, from the first device of the first user, the virtual content item configuration data comprising a selection by the first user, from the selectable set of virtual content items, of the virtual content item to apply to the real-world environment that is visible to the second user via the optical elements of the second device, the virtual content item configuration data further specifying criteria for triggering application of the virtual content item to the real-world environment, the virtual content item comprising one or more media objects, the criteria including a first criterion comprising a weather condition and a second criterion comprising a real-world object; the virtual content item configuration data further specifying criteria for triggering application of the virtual content item to the real-world environment, the virtual content item comprising one or more media objects, the criteria including a first criterion comprising the weather condition specified by the first user via the second interactive element and a second criterion comprising a real-world object selected by the first user from the selectable set of real-world objects of the interactive interface; detecting a triggering event based on: determining the first criterion specifying the weather condition associated with the real-world environment is satisfied based on weather data associated with the real-world environment, and detecting, in the real-world environment that is visible to the second user, the real-world object based on an analysis of image data generated by a camera of the second device; and detecting a triggering event based on: determining the criterion specifying the weather condition associated with the real-world environment is satisfied based on weather data associated with the real-world environment, and detecting, in the real-world environment that is visible to the second user, the real-world object selected by the first user from the selectable set of real-world objects of the interactive interface based on an analysis of image data generated by a camera of the second device; and based on detecting the triggering event, causing the optical elements of the second device to present the one or more media objects overlaid on the real-world environment that is visible to the second user via the optical elements of the second device. based on detecting the triggering event, causing the optical elements of the second device to present the one or more media objects overlaid on the real-world environment that is visible to the second user via the optical elements of the second device . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claim (s) 1-9, 11-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over : Spivack et al. (US 2019/0107990 A1) in view of Haines (US 2017/0352187 A1). Regarding claim 11, Spivack discloses: A system comprising: a memory that stores instructions; and one or more processors configured by the instructions to perform operations (Spivack, Abstract; ¶¶203-204: processor and instructions; Fig. 14 and ¶504-506: processors implementing software, and memory for software) comprising: receiving, from a first device of a first user, virtual content item configuration data comprising a selection by the first user of a virtual content item to apply to a real-world environment that is visible to a second user via optical elements of a second device, ((Spivack, ¶59: user drafts, writes or composes message having AR content, via device; ¶61: user places and saves virtual or simulated object to a physical position; ¶63: user can specify individual recipients; ¶115: user chooses virtual object type from library; ¶141 discloses that client devices and host server can be directly connected to one another, and host server can deploy virtual objects to users for presentation; ¶166: Embodiments of VOB messaging can include sending a message object to a recipient User (e.g., Sam) and it appears in Augmented or Virtual Reality as a VOB; Also see Figs. 5C-5G, ¶193 and ¶308; Fig. 6C and ¶314 further discloses user interface for creating virtual object) the virtual content item configuration data further specifying criteria for triggering application of the virtual content item to the real-world environment, (Spivack, ¶76: enable people positing in VR/AR environment to select a person or place or time to post it, and displaying based on the constraints – i.e. “criteria”; ¶92: user’s context includes a present activity, location, time of day, who else is present; ¶216: contextual triggers associated with a given virtual object can be specified, defined, configured, or reconfigured by the sender entity or creator user) the virtual content item comprising one or more media objects, (Spivack, ¶59: user drafts, writes or composes message having AR content, including one or more virtual objects, including text, images, audio, video or animation; Also see ¶171) the criteria including a first criterion comprising a weather condition and a second criterion comprising a real-world object; (Spivack, ¶76-77 discusses user selecting place; ¶214: contextual trigger occurs (and can be detected by the engine 314) when the recipient user (user parameter) is engaging in a given action or activity (activity parameter) in a given location (location parameter) in the real world environment, or the contextual trigger can also occur when the recipient user (user parameter) is engaging in a given action or activity (activity parameter) at a given time (time parameter); Spivack, ¶175: response configured by Joe to be made perceptible or appear to Kathy at a certain place; Fig. 2D and ¶181: virtual object associated with physical location in real world environment) detecting a triggering event based on: determining the first criterion s pecifying the weather condition associated with the real-world environment is satisfied based on weather data associated with the real-world environment (Spivack, ¶126 discusses attributes for virtual objects, including contextual awareness; ¶174: virtual objects can be configured by a first user to appear or be perceptible to a second user based on a contextual trigger – e.g. Appear whenever Joe arrives home or sits down in living room; ¶¶214-215: contextual trigger detected at a given location of user or given time to render object) , and detecting, in the real-world environment that is visible to the second user, the real-world object based on an analysis of image data generated by a camera of the second device (Spivack, ¶¶76-77: system enables user to select a place to post message, such as a plane at a place, “desk in my room” so that the object appears at the named location relative to that place for anyone who is there; ¶¶164-165: virtual message object visible to users at physical location; ¶176: VOB can be world locked, such as locked to coffee table location where family can see the message) ; and based on detecting the triggering event, causing the optical elements of the second device to present the one or more media objects overlaid on the real-world environment that is visible to the second user via the optical elements of the second device (Spivack, ¶121: augmented reality includes superimposing or overlaying virtual objects onto physical world; ¶174: virtual objects can be configured by a first user to appear or be perceptible to a second user based on a contextual trigger – e.g. Appear whenever Joe arrives home or sits down in living room; ¶¶214-215: contextual trigger detected at a given location of user or given time to render object) Examiner notes that Spivack discusses use of current weather and temperature for displaying augmented reality virtual objects (see e.g. Spivack, e.g. ¶174: The augmented reality environment also includes virtual objects such as VOB 216 depicting the current weather and temperature). Spivack, however, does not explicitly disclose weather as a triggering event as claimed. Haines discloses: the one or more criteria including a criterion specifying a weather condition associated with the real-world environment; and detecting a triggering event based on determining the criterion specifying the weather condition associated with the real-world environment is satisfied based on weather data associated with the real-world environment (Haines, ¶138: if the user device (through its weather tracking apps or the Internet and/or with information about the geolocation of the user device) determines that it is snowing at the location of the user device as the user is using the app as described above, the resultant media content being presented to the user in response to the trigger associated with the printed publication might include characters associated the printed publication engaging in a snowball fight or other snow sports, consistent with the story) and an analysis of image data generated by a camera of the device (Haines, ¶44: a first camera might capture one or more images of at least a portion of a printed publication, and a computing system might analyze the captured one or more images to determine whether the captured one or more images contain one or more triggers; ¶49: computer vision that recognizes objects and triggers, that initiates AR presentations of content in response to detecting visual-based triggers, and overlaying over actual views of actual objects ) Both Spivack and Haines are directed to augmented reality systems that generate an interactive virtual element to a user based upon user contextual data. Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable expectation of success, to modify the augmented reality system for displaying virtual objects based on context as provided by Spivack, using the weather data as a contextual trigger for augmented reality effects as provided by Haines, using known electronic interfacing and programming techniques. The modification simply substitutes one known type of contextual data for triggering an augmented reality effect to a user for another, yielding predictable results of utilizing weather context data to trigger related augmented reality effects instead of other context data. The modification also results in an improved augmented reality system by incorporating additional user feedback to the system for allowing a better variety of interactivity and providing more relevant experience to a user based on the environmental surroundings. Regarding claim 1, the method of claim 11 performs the method of claim 1, and as such, claim 1 is rejected based on the same rationale as claim 11 set forth above. Regarding claim 20, Spivack further discloses: A machine-readable medium storing instructions that, when executed by a computer system, cause the computer system to perform operations (Spivack, ¶204: computer-readable medium; Fig. 15 and ¶¶510-511: computer-readable medium having instructions causing machine to perform methodologies) Further regarding claim 20, the operations perform the method of claim 1. As such, claim 20 is further rejected based on the same rationale as claim 1 set forth above. Regarding claim 12, Spivack further discloses: the criteria include a third criterion that specifies a state or value of contextual data associated with the second device; (Spivack, ¶76: enable people positing in VR/AR environment, where the system enables them to select a person and/or place and/or time to post it to select a person or place or time to post it, and displaying based on the constraints – i.e. “criteria” – note that Spivack discloses using multiple constraints to be met; ¶92: user’s context includes a present activity, location, time of day, who else is present; Further, ¶126: The disclosed innovation provides another dimension to digital activities through integration with the real world environment and real world contexts to enhance utility, usability, relevancy, and/or entertainment or vanity value through optimized contextual, social, spatial, temporal awareness and relevancy. In general, the virtual objects depicted via the disclosed system and platform. can be contextually (e.g., temporally, spatially, socially, user-specific, etc.) relevant and/or contextually aware. Specifically, the virtual objects can have attributes that are associated with or relevant real world places, real world events, humans, real world entities, real world things, real world objects, real world concepts and/or times of the physical world, and thus its deployment as an augmentation of a digital experience provides additional real life utility. In other words, Spivack teaches at least three criteria for triggering the virtual object display) The operations further comprises monitoring the contextual data associated with the real-world environment to detect satisfaction of the second criterion (Spivack, ¶214: contextual trigger occurs (and can be detected by the engine 314) when the recipient user (user parameter) is engaging in a given action or activity (activity parameter) in a given location (location parameter) in the real world environment, or the contextual trigger can also occur when the recipient user (user parameter) is engaging in a given action or activity (activity parameter) at a given time (time parameter)) Regarding claim 2, the method of claim 12 performs the method of claim 3, and as such, claim 2 is rejected based on the same rationale as claim 12 set forth above. Regarding claim 13, Spivack further discloses: Wherein the monitoring of the contextual data comprises monitoring of one or more of: User input data, motion data, environmental data, position data, temporal data, event data describing an event, location data describing a location of the second device; the image data generated at the second device; and audio data produced at the second device (Spivack, Fig. 2A and ¶163: example of son interacting with virtual object 203 in his home in his kitchen, where virtual object 203 is sent from his mom; ¶165: note 206 viewable to certain users or at certain times, at a certain location – i.e. triggering event can be location, time or user; ¶176: world locked virtual object; Spivack, ¶190: user may be able to see the VOBs if they are the right location(s) or based on other criteria, or they can't see it at all; ¶¶214-215: contextual trigger detected at a given location of user or given time to render object; ¶216 teaches that trigger can be a combination of user parameter, time parameter, activity parameter and location parameter) Regarding claim 3, the method of claim 13 performs the method of claim 3, and as such, claim 3 is rejected based on the same rationale as claim 13 set forth above. Regarding claim 14, Spivack further discloses: Wherein the virtual content item configuration data includes one or more customizable parameters for the virtual content item, the one or more customizable parameters of the virtual content item include one or more of: a behavior; an object geometry; and an additional virtual representation related to the virtual content item (Spivack, ¶115: user can choose a virtual object type form a library of types or templates and can customize it with optional text, formatting, color, fonts, design elements, shapes, borders, frames, illustrations, backgrounds, textures, movement, and other design parameter) Regarding claim 4, the method of claim 14 performs the method of claim 4, and as such, claim 4 is rejected based on the same rationale as claim 14 set forth above. Regarding claim 15, Spivack further discloses: Wherein the one or more criteria include one or more of: a location of the second device; and a trigger time at which the virtual content item is to be applied to real-world environment that is visible to the second user via the second device. (Spivack, ¶126: “the virtual objects can have attributes that are associated with or relevant real world places, real world events, humans, real world entities, real world things, real world objects, real world concepts and/or times of the physical world, and thus its deployment as an augmentation of a digital experience provides additional real life utility”; ¶165: note 206 viewable to certain users or at certain times, at a certain location – i.e. triggering event can be location, time or user; ¶163: The message 204 could also have been preconfigured by mom to appear in the afternoon at 330 pm (e.g., on certain days of the week or each week day afternoon) in the kitchen or wherever Sam is at or around that time; ¶¶214-215: contextual trigger detected at a given location of user or given time to render object) Regarding claim 5, the method of claim 15 performs the method of claim 5, and as such, claim 5 is rejected based on the same rationale as claim 15 set forth above. Regarding claim 16, Spivack further discloses: The one or more criteria indicate a location (Spivack, ¶61: user places and saves virtual or simulated object to a physical position; ¶76: enable people positing in VR/AR environment to select a person or place or time to post it, and displaying based on the constraints – i.e. “criteria”; ¶¶214-215: contextual trigger detected at a given location of user or given time to render object) ; and Detecting the triggering event further comprises detecting the second device at the location based on location data generated at the second device. (Spivack, ¶163: The message 204 could also have been preconfigured by mom to appear in the afternoon at 330 pm (e.g., on certain days of the week or each week day afternoon) in the kitchen or wherever Sam is at or around that time; Also ¶175: response configured by Joe to be made perceptible or appear to Kathy at a certain place; Fig. 2D and ¶181: virtual object associated with physical location in real world environment; ¶183: The pedestrians or other humans that pass by can also stop to interact with the VOBs to check out the products; ¶¶214-215: contextual trigger detected at a given location of user or given time to render object; ¶216 teaches that trigger can be a combination of user parameter, time parameter, activity parameter and location parameter) Regarding claim 6, the method of claim 16 performs the method of claim 6, and as such, claim 6 is rejected based on the same rationale as claim 16 set forth above. Regarding claim 17, Haines discloses: The analysis of image data generated at the second device comprises one or more object recognition technique (Haines, ¶44: a first camera might capture one or more images of at least a portion of a printed publication, and a computing system might analyze the captured one or more images to determine whether the captured one or more images contain one or more triggers; ¶49: computer vision that recognizes objects and triggers, that initiates AR presentations of content in response to detecting visual-based triggers, and overlaying over actual views of actual objects ) Both Spivack and Haines are directed to augmented reality systems that generate an interactive virtual element to a user based upon user contextual data. Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable expectation of success, to modify the augmented reality system for displaying virtual objects based on context as provided by Spivack, using the weather data as a contextual trigger for augmented reality effects as provided by Haines, using known electronic interfacing and programming techniques. The modification simply substitutes one known type of contextual data for triggering an augmented reality effect to a user for another, yielding predictable results of utilizing weather context data to trigger related augmented reality effects instead of other context data. The modification also results in an improved augmented reality system by incorporating additional user feedback to the system for allowing a better variety of interactivity and providing more relevant experience to a user based on the environmental surroundings. Regarding claim 7, the method of claim 17 performs the method of claim 7, and as such, claim 7 is rejected based on the same rationale as claim 17 set forth above. Regarding claim 18, Spivack further discloses: The criteria specify a trigger time at which the virtual content item is to be applied to the real-world environment that is visible to the second user via the second device; (Spivack ¶163: The message 204 could also have been preconfigured by mom to appear in the afternoon at 330 pm (e.g., on certain days of the week or each week day afternoon) in the kitchen or wherever Sam is at or around that time; ¶175: response configured by Joe to be made perceptible or appear to Kathy at a certain time) and Detecting the triggering event comprises determining a current time corresponds to the trigger time specified by the one or more criteria (Spivack, ¶163: The message 204 could also have been preconfigured by mom to appear in the afternoon at 330 pm (e.g., on certain days of the week or each week day afternoon) in the kitchen or wherever Sam is at or around that time; ¶216 teaches that trigger can be a combination of user parameter, time parameter, activity parameter and location parameter) Regarding claim 8, the method of claim 18 performs the method of claim 8, and as such, claim 8 is rejected based on the same rationale as claim 18 set forth above. Regarding claim 9, Spivack further discloses: The virtual content item configuration data includes an identifier of a third user; (Spivack, ¶167: adding more people; ¶176: Joe can post a message in a virtual object for multiple users; ¶181: virtual object associated with physical location; ¶190: permissions for particular users) The triggering event is a first triggering event (Spivack, ¶183: plurality of pedestrians or humans that pass by can stop and interact with VOBs – i.e. based on location of object) ; and The method further comprises: detecting a second triggering event based on contextual data received from a third device associated with the third user (Spivack, ¶190: “In general, each VOB and location is associated with an identifier or URL. But not all of these objects or locations are accessible to everyone. It can depend on their read/write permissions and identity. If the object is shared with them, and it is user-locked they can see it wherever they are. Otherwise user may be able to see the VOBs if they are the right location(s) or based on other criteria, or they can't see it at all.” – i.e. location of third user with permission in the particular location is trigger) ; and Based on detecting the second triggering event, causing the third device to present the one or more media objects overlaid on a real-world environment that is visible to the third user via the third device (Spivack, ¶190: “In general, each VOB and location is associated with an identifier or URL. But not all of these objects or locations are accessible to everyone. It can depend on their read/write permissions and identity. If the object is shared with them, and it is user-locked they can see it wherever they are. Otherwise user may be able to see the VOBs if they are the right location(s) or based on other criteria, or they can't see it at all.”) 07-21-aia AIA Claim (s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over : Spivack et al. (US 2019/0107990 A1) in view of Haines (US 2017/0352187 A1) in further view of Maciocci et al. (US 2012/0249741 A1). Regarding claim 19, the limitations included from claim 11 are rejected based on the same rationale as claim 11 set forth above and incorporated herein. Further regarding claim 17, Spivack further discloses: The second device is a wearable device worn by the second user; (Spivack, ¶140: client device includes wearable device, such as smart glasses or smart contact lens; Fig. 2A and ¶283: head-mounted display) The optical elements of the wearable device comprise a transparent display; and Causing the second device to present the one or more media objects overlaid on real-world environment comprises causing the transparent display to present the one or more media objects (Spivack, ¶121: In an augmented reality environment (AR environment), scenes or images of the physical world is depicted with a virtual world that appears to a human user, as being superimposed or overlaid of the physical world; Fig. 2A and ¶163: Sam sees note in kitchen; See Fig. 5G) Spivack does not explicitly disclose the optical elements of the wearable device comprise a transparent display. Maciocci discloses: The optical elements of the wearable device comprise a transparent display (Maccioci, ¶6: head mounted display, where displaying the generated virtual object on a semitransparent display with the virtual object superimposed on a real world surface visible through the semitransparent display; Also ¶70) ; and Causing the second device to present the one or more media objects overlaid on real-world environment comprises causing the transparent display to present the one or more media objects (Maccioci, ¶6: head mounted display, where displaying the generated virtual object on a semitransparent display with the virtual object superimposed on a real world surface visible through the semitransparent display; ¶70 and Figs. 1 and 2) Both Spivack and Maciocci are directed to computer systems for augmented reality display of virtual objects within a real-world view based on anchoring data. Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable expectation of success, to modify the augmented reality system for displaying virtual objects based on context as provided by Spivack , using the weather data as a contextual trigger for augmented reality effects as provided by Haines, by further using the technique displaying the augmented reality using a see-through display as provided by Maciocci, using known electronic interfacing and programming techniques. The modification results in an improved augmented reality system by incorporating the virtual objects directly with the user’s environment, for a more interactive display as well as preventing complete obstructing of a user’s view for a less disorientating view. The modification also simply substitutes one known head mounted augmented reality display device for another to obtain predictable results of displaying augmented reality to a user. Regarding claim 10, the method of claim 19 performs the method of claim 10, and as such, claim 10 is rejected based on the same rationale as claim 19 set forth above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A BEUTEL whose telephone number is (571)272-3132. The examiner can normally be reached Monday-Friday 9:00 AM - 5:00 PM (EST). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DANIEL HAJNIK can be reached at 571-272-7642. 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. /WILLIAM A BEUTEL/Primary Examiner, Art Unit 2616 Application/Control Number: 18/984,002 Page 2 Art Unit: 2616 Application/Control Number: 18/984,002 Page 3 Art Unit: 2616 Application/Control Number: 18/984,002 Page 4 Art Unit: 2616 Application/Control Number: 18/984,002 Page 5 Art Unit: 2616 Application/Control Number: 18/984,002 Page 6 Art Unit: 2616 Application/Control Number: 18/984,002 Page 7 Art Unit: 2616 Application/Control Number: 18/984,002 Page 8 Art Unit: 2616 Application/Control Number: 18/984,002 Page 9 Art Unit: 2616 Application/Control Number: 18/984,002 Page 10 Art Unit: 2616 Application/Control Number: 18/984,002 Page 11 Art Unit: 2616 Application/Control Number: 18/984,002 Page 12 Art Unit: 2616 Application/Control Number: 18/984,002 Page 13 Art Unit: 2616 Application/Control Number: 18/984,002 Page 14 Art Unit: 2616 Application/Control Number: 18/984,002 Page 15 Art Unit: 2616 Application/Control Number: 18/984,002 Page 16 Art Unit: 2616 Application/Control Number: 18/984,002 Page 17 Art Unit: 2616 Application/Control Number: 18/984,002 Page 18 Art Unit: 2616 Application/Control Number: 18/984,002 Page 19 Art Unit: 2616 Application/Control Number: 18/984,002 Page 20 Art Unit: 2616 Application/Control Number: 18/984,002 Page 21 Art Unit: 2616 Application/Control Number: 18/984,002 Page 22 Art Unit: 2616 Application/Control Number: 18/984,002 Page 23 Art Unit: 2616 Application/Control Number: 18/984,002 Page 24 Art Unit: 2616 Application/Control Number: 18/984,002 Page 25 Art Unit: 2616 Application/Control Number: 18/984,002 Page 26 Art Unit: 2616 Application/Control Number: 18/984,002 Page 27 Art Unit: 2616 Application/Control Number: 18/984,002 Page 28 Art Unit: 2616 Application/Control Number: 18/984,002 Page 29 Art Unit: 2616 Application/Control Number: 18/984,002 Page 30 Art Unit: 2616 Application/Control Number: 18/984,002 Page 31 Art Unit: 2616 Application/Control Number: 18/984,002 Page 32 Art Unit: 2616
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