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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/01/2026, 12/01/2025, 09/05/2025 and 01/07/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 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 § 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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12229901. Although the claims at issue are not identical, they are not patentably distinct from each other because they are an obvious variance of claims recited in U.S. Patent No. 12229901 as detailed below.
US 12229901 B2
Current application
Claim 1. A method comprising: establishing, by one or more processors of an augmented reality (AR) device, a communication with an external user device, the AR device comprising a first display; causing overlay of, by the AR device, a first AR object on a first portion of a real-world environment being viewed using the AR device;
receiving, by the AR device, a first image from the external user device, the first image being generated by the external user device by overlaying one or more AR objects on a second portion of the real-world environment depicted in a second image captured by the external user device; and
in response to receiving the first image from the external user device, overlaying, by the AR device, the first image depicting the one or more AR objects overlaid on top of the second portion of the real-world environment on top of the first AR object that has been overlaid by the AR device on the first portion of the real-world environment.
Claim 1. A method comprising:
receiving, by an AR device, a first image from an external user device, the first image being generated by the external user device by overlaying one or more AR objects on a second portion of a real-world environment depicted in a second image captured by the external user device; and
in response to receiving the first image from the external user device, overlaying, by the AR device, the first image depicting the one or more AR objects overlaid on top of the second portion of the real-world environment on top of a first AR object that has been overlaid by the AR device on a first portion of the real- world environment.
2. The method of claim 1, wherein the external user device comprises a smartphone; and wherein the AR device comprises an AR eyewear device.
2. The method of claim 1, wherein the external user device comprises a smartphone, and wherein the AR device comprises an AR eyewear device.
3. The method of claim 1, wherein the AR device overlays a virtual mirror object as the first AR object, wherein the first image depicts a user wearing the AR device, and wherein the AR device overlays the first image that depicts the user wearing the AR device on the virtual mirror object.
3. The method of claim 1, wherein the AR device overlays a virtual mirror object as the first AR object, wherein the first image depicts a user wearing the AR device, and wherein the AR device overlays the first image that depicts the user wearing the AR device on the virtual mirror object.
4. The method of claim 1, wherein the external user device generates the first image by: capturing an image that depicts a person who is using the AR device; applying one or more AR elements to the person depicted in the image to generate a modified image; and providing the modified image as the first image for display by the AR device.
4. The method of claim 1, wherein the external user device generates the first image by: capturing an image that depicts a person who is using the AR device; applying one or more AR elements to the person depicted in the image to generate a modified image; and providing the modified image as the first image for display by the AR device.
5. The method of claim 4, wherein the one or more AR elements comprise one or more fashion items or articles of clothing.
5. The method of claim 4, wherein the one or more AR elements comprise one or more fashion items or articles of clothing.
6. The method of claim 4, wherein the external user device selects a first AR element from a plurality of AR elements as the one or more AR elements to apply to the person.
6. The method of claim 4, wherein the external user device selects a first AR element from a plurality of AR elements as the one or more AR elements to apply to the person.
7. The method of claim 6, wherein the external user device receives input that selects the first AR element, the input being received in response to displaying icons representing the plurality of AR elements on the external user device.
7. The method of claim 6, wherein the external user device receives input that selects the first AR element, the input being received in response to displaying icons representing the plurality of AR elements on the external user device.
8. The method of claim 6, wherein the external user device determines that the AR device is in a first position that corresponds to the first AR element; and wherein the external user device selects the first AR element in response to determining that the AR device is in the first position that corresponds to the first AR element.
8. The method of claim 6, wherein the external user device determines that the AR device is in a first position that corresponds to the first AR element, and wherein the external user device selects the first AR element in response to determining that the AR device is in the first position that corresponds to the first AR element.
9. The method of claim 8, wherein the external user device determines that the AR device has been moved to a second position that corresponds to a second AR element of the plurality of AR elements; and wherein the external user device generates a second image in which the second AR element is applied to the person depicted in a new image in response to determining that the AR device is in the second position that corresponds to the second AR element.
9. The method of claim 8, wherein the external user device determines that the AR device has been moved to a second position that corresponds to a second AR element of the plurality of AR elements, and wherein the external user device generates a second image in which the second AR element is applied to the person depicted in a new image in response to determining that the AR device is in the second position that corresponds to the second AR element.
10. The method of claim 9, further comprising: causing overlay of, by the AR device, a second AR object on another portion of the real-world environment being viewed using the AR device; receiving, by the AR device, the second image from the external user device; and in response to receiving the second image from the external user device, overlaying the second image on the second AR object by the AR device.
10. The method of claim 9, further comprising: causing overlay of, by the AR device, a second AR object on another portion of the real-world environment being viewed using the AR device; receiving, by the AR device, the second image from the external user device; and in response to receiving the second image from the external user device, overlaying the second image on the second AR object by the AR device.
11. The method of claim 1, wherein the external user device comprises a messaging application implemented by a mobile device coupled to the AR device.
11. The method of claim 1, wherein the external user device comprises a messaging application implemented by a mobile device coupled to the AR device.
12. The method of claim 11, wherein the messaging application is configured to apply one or more machine learning models to one or more images depicting a person that have been captured by the mobile device to generate the first image.
12. The method of claim 11, wherein the messaging application is configured to apply one or more machine learning models to one or more images depicting a person that have been captured by the mobile device to generate the first image.
13. The method of claim 1, wherein the external user device is placed on a surface; and wherein a camera of the external user device points towards a person who is using the AR device to capture a whole body of the person, wherein the external user device generates the first image based on one or more images captured by the camera of the external user device.
13. The method of claim 1, wherein the external user device is placed on a surface, and wherein a camera of the external user device points towards a person who is using the AR device to capture a whole body of the person, wherein the external user device generates the first image based on one or more images captured by the camera of the external user device.
14. The method of claim 1, wherein the first image is displayed on a screen of the external user device.
14. The method of claim 1, wherein the first image is displayed on a screen of the external user device.
15. The method of claim 14, wherein the AR device is a first AR device of a first user, further comprising: establishing a shared AR session with a second AR device of a second user; and transmitting the first image to the second AR device, wherein the first image is displayed concurrently by the first AR device on the first AR object and the second AR device on a second AR object presented by the second AR device.
15. The method of claim 14, wherein the AR device is a first AR device of a first user, further comprising: establishing a shared AR session with a second AR device of a second user; and transmitting the first image to the second AR device, wherein the first image is displayed concurrently by the first AR device on the first AR object and the second AR device on a second AR object presented by the second AR device.
16. The method of claim 15, wherein the first image comprises a plurality of icons, further comprising: receiving input by the first AR device associated with selection of a portion of the first image corresponding to a first icon of the plurality of icons; communicating the input to the external user device; and causing the external user device to perform an operation associated with the first icon in response to receiving the input by the first AR device associated with selection of the portion of the first image corresponding to the first icon.
16. The method of claim 15, wherein the first image comprises a plurality of icons, further comprising: receiving input by the first AR device associated with selection of a portion of the first image corresponding to a first icon of the plurality of icons; communicating the input to the external user device; and causing the external user device to perform an operation associated with the first icon in response to receiving the input by the first AR device associated with selection of the portion of the first image corresponding to the first icon.
17. The method of claim 16, wherein the input is received in response to detecting that the first user is gazing towards the portion of the first image.
17. The method of claim 16, wherein the input is received in response to detecting that the first user is gazing towards the portion of the first image.
18. The method of claim 15, further comprising: determining an orientation of a head of the first user relative to the first AR object; communicating data indicating the orientation of the head of the first user to the second AR device; and causing the second AR device to present an avatar of the first user based on data indicating the orientation of the head of the first user.
18. The method of claim 15, further comprising: determining an orientation of a head of the first user relative to the first AR object; communicating data indicating the orientation of the head of the first user to the second AR device; and causing the second AR device to present an avatar of the first user based on data indicating the orientation of the head of the first user.
19. A system comprising: a storage device of an augmented reality (AR) device; and at least one processor coupled to the storage device and configured to perform operations comprising: establishing, by the AR device, a communication with an external user device; causing overlay of, by the AR device, a first AR object on a first portion of a real-world environment being viewed using the AR device; receiving, by the AR device, a first image from the external user device, the first image being generated by the external user device by overlaying one or more AR objects on a second portion of the real-world environment depicted in a second image captured by the external user device; and in response to receiving the first image from the external user device, overlaying, by the AR device, the first image depicting the one or more AR objects overlaid on top of the second portion of the real-world environment on top of the first AR object that has been overlaid by the AR device on the first portion of the real-world environment .
19. A system comprising: a storage device of an augmented reality (AR) device; and at least one processor coupled to the storage device and configured to perform operations comprising: receiving, by an AR device, a first image from an external user device, the first image being generated by the external user device by overlaying one or more AR objects on a second portion of a real-world environment depicted in a second image captured by the external user device; and in response to receiving the first image from the external user device, overlaying, by the AR device, the first image depicting the one or more AR objects overlaid on top of the second portion of the real-world environment on top of a first AR object that has been overlaid by the AR device on a first portion of the real- world environment.
20. A non-transitory machine-readable storage medium comprising instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising: establishing, by one or more processors of an augmented reality (AR) device, a communication with an external user device; causing overlay of, by the AR device, a first AR object on a first portion of a real-world environment being viewed using the AR device; receiving, by the AR device, a first image from the external user device, the first image being generated by the external user device by overlaying one or more AR objects on a second portion of the real-world environment depicted in a second image captured by the external user device; and in response to receiving the first image from the external user device, overlaying, by the AR device, the first image depicting the one or more AR objects overlaid on top of the second portion of the real-world environment on top of the first AR object that has been overlaid by the AR device on the first portion of the real-world environment.
20. A non-transitory machine-readable storage medium comprising instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising: receiving, by an AR device, a first image from an external user device, the first image being generated by the external user device by overlaying one or more AR objects on a second portion of a real-world environment depicted in a second image captured by the external user device; and in response to receiving the first image from the external user device, overlaying, by the AR device, the first image depicting the one or more AR objects overlaid on top of the second portion of the real-world environment on top of a first AR object that has been overlaid by the AR device on a first portion of the real- world environment.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under Double Patenting, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: no prior art teaches alone or in combination the italicized and bolded features:Claim 1. A method comprising: receiving, by an AR device, a first image from an external user device, the first image being generated by the external user device by overlaying one or more AR objects on a second portion of a real-world environment depicted in a second image captured by the external user device; and in response to receiving the first image from the external user device, overlaying, by the AR device, the first image depicting the one or more AR objects overlaid on top of the second portion of the real-world environment on top of a first AR object that has been overlaid by the AR device on a first portion of the real-world environment.Claims 2-18 depend on allowable claim 1 and are therefore allowable for the same reasons as claim 1.
Claim 19. A system comprising: a storage device of an augmented reality (AR) device; and at least one processor coupled to the storage device and configured to perform operations comprising: receiving, by an AR device, a first image from an external user device, the first image being generated by the external user device by overlaying one or more AR objects on a second portion of a real-world environment depicted in a second image captured by the external user device; and in response to receiving the first image from the external user device, overlaying, by the AR device, the first image depicting the one or more AR objects overlaid on top of the second portion of the real-world environment on top of a first AR object that has been overlaid by the AR device on a first portion of the real- world environment.Claim 20. A non-transitory machine-readable storage medium comprising instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising: receiving, by an AR device, a first image from an external user device, the first image being generated by the external user device by overlaying one or more AR objects on a second portion of a real-world environment depicted in a second image captured by the external user device; and in response to receiving the first image from the external user device, overlaying, by the AR device, the first image depicting the one or more AR objects overlaid on top of the second portion of the real-world environment on top of a first AR object that has been overlaid by the AR device on a first portion of the real- world environment.
Relevant prior arts:US 20220092857 A1 Systems and methods for generating AR content to virtually alter a real-world item are provided. The real-world item may be a deformable item including one or more flexible surfaces. According to an embodiment, a method includes determining the relative positions of a plurality of points on the real-world item. Based on the relative positions of the plurality of points, a 3D model of a virtual item is distorted to produce a distorted 3D model of the virtual item. The distorted 3D model may have substantially the same shape as the real-world item. AR content is then generated based on the distorted three-dimensional model.US 20180350144 A1Systems and methods for virtual world simulations of the real-world or emulate real-life or real-life activities in virtual world or real-life simulator or generating a virtual world based on real environment.
Conclusion
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/MARTIN MUSHAMBO/ Primary Examiner, Art Unit 2615 6/27/2026
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