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 .
1. Claims 1-20 are presented for examination.
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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2. Claims 1 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7, 10-12 and 16 of U.S. Patent No. 12,225,086 B2, and claims 1, 3, 8, 10, 13, 14 and 18 of U.S. Patent No. 11,838,370 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because instant application claims 1 and are anticipated by claims 1-3, 7, 10-12 and 16 of U.S. Patent No. 12,225,086 B2, and claims 1, 3, 8, 10, 13, 14 and 18 of U.S. Patent No. 11,838,370 B1
Regarding claim 1, Claims 1-3 and 7 of Patent No. 12,225,086 B2 recites a computer-implemented method comprising:
generating, for display at a first extended reality (XR) device, an XR environment (claim 1, col. 30 lines 1-4), wherein the first XR device is present within a physical environment (i.e., claim 2, col. 30 lines 26-29);
determining that a second XR device is proximate to the first XR device in the physical environment (i.e., claim 3, col. 30 lines 43-45);
based at least in part on the determining, generating, for display at the first XR device, an option to create an ad hoc network (i.e., claim 7 col. 31 lines 7-9);
receiving a selection of the option to create the ad hoc network at the first XR device (i.e., claim 7 line 11); and
based at least in part on receiving the selection, creating the ad hoc network, to enable the first XR device and the second XR device communicate over the ad hoc network (i.e., claim 7, col. 31 lines 10-12).
Regarding claim 11, claims 10-12 and 16 of Patent No. 12,225,086 B2 recite a computer-implemented system comprising:
memory (i.e., claim 10, col. 31 line 34);
control circuitry (i.e., claim 10, col. 31 line 35) configured to:
generate, for display at a first extended reality (XR) device, an XR environment (claim 10, lines 36-38), wherein the first XR device is present within a physical environment (i.e., claim 12, col. 31 lines 5-8);
determine that a second XR device is proximate to the first XR device in the physical environment (i.e., claim 11, col. 31 line 65-col. 32 line 4);
based at least in part on the determining, generate, for display at the first XR device, an option to create an ad hoc network (i.e., claim 16, col. 32 lines 42-44);
receive a selection of the option to create the ad hoc network at the first XR device (i.e., claim 16, col. 32 line 46); and
based at least in part on receiving the selection, create the ad hoc network, to enable the first XR device and the second XR device communicate over the ad hoc network (i.e., claims 16, col. 32 lines 47-52).
Regarding claim 1, Claims 1-3 and 7 of Patent No. 11,838,370 B1 recites a computer-implemented method comprising:
generating, for display at a first extended reality (XR) device, an XR environment (claim 1, col. 30 lines 1-4), wherein the first XR device is present within a physical environment (i.e., claim 3, col. 30 lines 32-34);
determining that a second XR device is proximate to the first XR device in the physical environment (i.e., claim 3, col. 30 lines 43-45);
based at least in part on the determining, generating, for display at the first XR device, an option to create an ad hoc network (i.e., claim 8 col. 31 lines 12-13);
receiving a selection of the option to create the ad hoc network at the first XR device (i.e., claim 8 line 14); and
based at least in part on receiving the selection, creating the ad hoc network, to enable the first XR device and the second XR device communicate over the ad hoc network (i.e., claim 8, col. 31 lines 15-16).
Regarding claim 11, claims of Patent No. 11,838,370 B2 recite a computer-implemented system comprising:
memory (i.e., claim 10, col. 31 line 34);
control circuitry (i.e., claim 10, col. 31 line 35) configured to:
generate, for display at a first extended reality (XR) device, an XR environment (claim 10, lines 36-38), wherein the first XR device is present within a physical environment (i.e., claim 13, col. 32 lines 2-4);
determine that a second XR device is proximate to the first XR device in the physical environment (i.e., claims 13-14, col. 32 lines 8-21);
based at least in part on the determining, generate, for display at the first XR device, an option to create an ad hoc network (i.e., claim 18, col. 32 lines 51-52);
receive a selection of the option to create the ad hoc network at the first XR device (i.e., claim 18, col. 32 line 53; and
based at least in part on receiving the selection, create the ad hoc network, to enable the first XR device and the second XR device communicate over the ad hoc network (i.e., claims 18, col. 32 lines 54-55).
Therefore, claims 1-3, 7, 10-12 and 16 of U.S. Patent No. 12,225,086 B2, and claims 1, 3, 8, 10, 13, 14 and 18 of U.S. Patent No. 11,838,370 B1 are in essence a “species” of the generic invention of claims 1 and 11 of the instant application. It has been held that a generic invention is anticipated by a “species” within the scope of the generic invention. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
3. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iyer et al., (hereafter, “Iyer”), US 2020/0162527 A1, in view of Switzer et al., (hereafter, “Switzer”), US 2006/0221858 A1.
Regarding claim 1, Iyer teaches a computer-implemented method comprising:
generating, for display at a first extended reality (XR) device, an XR environment (i.e., to create and/or display an all-immersive virtual environment, page 4 paragraph [0035]), wherein the first XR device is present within a physical environment (i.e., hosting an xR session including a network of HMDs in a first physical environment, page 2 paragraph [0012]);
determining that a second XR device is proximate to the first XR device in the physical environment (i.e., identify the neighboring HMDs from which discovery beacon have been received, page 8 paragraph [0072]); and to enable the first XR device and the second XR device communicate over the ad hoc network (i.e., the joining HMD is capable of peer-to-peer communications with co-located HMD, page 8 paragraph [0077]).
Iyer does not explicitly teach based at least in part on the determining, generating, for display at the first XR device, an option to create an ad hoc network; receiving a selection of the option to create the ad hoc network at the first XR device; and based at least in part on receiving the selection, creating the ad hoc network
Switzer teaches based at least in part on the determining (i.e., discovering nearby users, page 9 paragraph [0182]), generating, for display at the first device, an option to create an ad hoc network (i.e., screen provides an option for users to create a new group on a new wireless ad-hoc network, col. 11 lines 11-13, and page 11 paragraph [0202]); receiving a selection of the option to create the ad hoc network at the first XR device (i.e., the screen provides an option for the user to choose…to create the new ad-hoc network, Fig. 10 and page 7 paragraph [0136]); and based at least in part on receiving the selection, creating the ad hoc network (i.e., a user may navigate a number of options to create an ad-hoc network, Fig. 10, abstract and page 7 paragraph [0136]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Iyer to, based at least in part on the determining, generate, for display at the first device, an option to create an ad hoc network; receive a selection of the option to create the ad hoc network at the first device; and based at least in part on receiving the selection, creating the ad hoc network, as taught by Switzer. One would be motivated to do so to allow a user to easily set up an ad-hoc network (i.e., Switzer, page 2 paragraph [0049).
Regarding claim 2, Iyer teaches the method of claim 1, wherein the second XR device accesses the XR environment via the ad hoc network, to enable a user of the first XR device and a user of the second XR device to interact in the XR environment, (i.e., the joining HMD is capable of peer-to-peer communications with co-located HMD, page 8 paragraph [0077]).
Regarding claim 3, Iyer teaches the method of claim 1.
Iyer does not explicitly teach based at least in part on receiving the selection, cause display, at the second XR device, of a prompt that is selectable to cause the second XR device to join the ad hoc network, wherein the second XR device is configured to join the ad hoc network based on selection of the prompt.
Switzer teaches based at least in part on receiving the selection, cause display, at the second XR device, of a prompt that is selectable to cause the second XR device to join the ad hoc network, wherein the second XR device is configured to join the ad hoc network based on selection of the prompt (i.e., a user may navigate a number of options to join an ad-hoc network, abstract).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Iyer to, based at least in part on receiving the selection, cause display, at the second XR device, of a prompt that is selectable to cause the second XR device to join the ad hoc network, wherein the second XR device is configured to join the ad hoc network based on selection of the prompt. One would be motivated to do so to provide an improved ad-hoc network usage.
Regarding claim 4, Iyer teaches the method of claim 1.
Iyer does not explicitly teach wherein the option to create the ad hoc network comprises selectable indications of a plurality of types of networks to be created as the ad hoc network, and receiving the selection of the option to create the ad hoc network comprises receiving selection of one of the plurality of types of networks.
Switzer teaches wherein the option to create the ad hoc network comprises selectable indications of a plurality of types of networks (i.e., home, work, Hotspot 1) to be created as the ad hoc network, and receiving the selection of the option to create the ad hoc network comprises receiving selection of one of the plurality of types of networks (i.e., picking his home network, page 11 paragraph [0200]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Iyer to comprise selectable indications of a plurality of types of networks to be created as the ad hoc network, and receive the selection of the option to create the ad hoc network comprises receiving selection of one of the plurality of types of networks, as taught by Switzer. One would be motivated to do so to allow a user to easily set up an ad-hoc network (i.e., Switzer, page 2 paragraph [0049).
Regarding claim 5, Iyer teaches the method of claim 1.
Iyer does not explicitly teach generating, for display at the first XR device, a plurality of parameters to configure the ad hoc network; receiving, at the first XR device, a selection of at least one parameter from the plurality of parameters to configure the ad hoc network; and configuring the ad hoc network based at least in part on the selected at least one parameter.
Switzer teaches generating, for display at the first XR device, a plurality of parameters to configure the ad hoc network (i.e., user interfaces for configuring an Ad-Hoc Network, page 9 paragraph [0185]); receiving, at the first XR device, a selection of at least one parameter from the plurality of parameters to configure the ad hoc network (i.e., enable the user to configure their settings that are related to the network, Figs 25-26 and page 10 paragraph [0197]); and configuring the ad hoc network based at least in part on the selected at least one parameter (i.e., user interfaces for configuring an Ad-Hoc Network, page 9 paragraph [0185]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Iyer to generate, for display at the first XR device, a plurality of parameters to configure the ad hoc network; receive, at the first XR device, a selection of at least one parameter from the plurality of parameters to configure the ad hoc network; and configure the ad hoc network based at least in part on the selected at least one parameter, as taught by Switzer. One would be motivated to do so to allow a user to easily set up an ad-hoc network (i.e., Switzer, page 2 paragraph [0049).
Regarding claim 6, Iyer teaches the method of claim 4.
Iyer does not explicitly teach wherein the at least one parameter comprises a frequency setting, an amplitude setting, a power scheme, a modulation scheme, security information, routing information, or domain name system information.
Switzer teaches wherein the at least one parameter comprises a frequency setting, an amplitude setting, a power scheme, a modulation scheme, security information, routing information, or domain name system information (i.e., permit the selection of various options including security, QoS, and power management function, page 2 paragraph [0047]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Iyer to implement the at least one parameter comprising a frequency setting, an amplitude setting, a power scheme, a modulation scheme, security information, routing information, or domain name system information, as taught by Switzer. One would be motivated to do so to allow a user to easily set up an ad-hoc network (i.e., Switzer, page 2 paragraph [0049).
Regarding claim 7, Iyer teaches the method of claim 1, wherein the ad hoc network enables short range wireless communication over radio frequency-based protocols between the first XR device and the second XR device (i.e., page 5 paragraphs [0045]- [0046]).
Regarding claim 8, Iyer teaches the method of claim 1.
Iyer does not explicitly teach generating, for display at the first XR device, an option to allow a device within at least one of the XR environment or the physical environment to join the ad hoc network; and based at least in part on receiving selection of the option to allow the device to join the ad hoc network, permitting the device to join the ad hoc network.
Switzer teaches generating, for display at the first XR device, an option to allow a device within at least one of the XR environment or the physical environment to join the ad hoc network (i.e., user interface 501 in which a user is provided with the option to join a group 503, Fig. 5 and page 5 paragraph [0073]) ; and based at least in part on receiving selection of the option to allow the device to join the ad hoc network, permitting the device to join the ad hoc network (i.e., Once the user selects the group to join…if the user is successful in joining the collaboration group, then current user’s presence can be published to others, page 5 paragraphs [0081], [0082] and [0085]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Iyer to generate, for display at the first XR device, an option to allow a device within at least one of the XR environment or the physical environment to join the ad hoc network; and based at least in part on receiving selection of the option to allow the device to join the ad hoc network, permit the device to join the ad hoc network, as taught by Switzer. One would be motivated to do so to allow a user to easily set up an ad-hoc network (i.e., Switzer, page 2 paragraph [0049).
Regarding claim 9, Iyer teaches the method of claim 1, further comprising:
Iyer does not explicitly teach generating, for display at the first XR device, a prompt to enter alphanumeric characters to provide an identifier for the ad hoc network; receiving, at the first XR device, selection of one or more alphanumeric characters; and
9based at least in part on the receiving, assigning an identifier comprising the one or more selected alphanumeric characters to the ad hoc network.
Switzer teaches generating, for display at the first XR device, a prompt to enter alphanumeric characters to provide an identifier for the ad hoc network (i.e., the network name is the SSID of the network… user has an option to enter a favorite name of their choice, page 10 paragraph [0198]); receiving, at the first XR device, selection of one or more alphanumeric characters (i.e., picking his home network, Fig. 27 and page 11 paragraph [0200]); and based at least in part on the receiving, assigning an identifier comprising the one or more selected alphanumeric characters to the ad hoc network (i.e., the user can enter a name for SSID in field 2303 and press the Create and connect button 2304. This sets up an ad hoc network and connects the user to it, page 10 paragraph [0192]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Iyer to generate, for display at the first XR device, a prompt to enter alphanumeric characters to provide an identifier for the ad hoc network; receive at the first XR device, selection of one or more alphanumeric characters; and based at least in part on the receiving, assign an identifier comprising the one or more selected alphanumeric characters to the ad hoc network, as taught by Switzer. One would be motivated to do so to allow a user to easily set up an ad-hoc network (i.e., Switzer, page 2 paragraph [0049).
Regarding claim 10, Iyer teaches the method of claim 1, wherein determining that the second XR device is proximate to the first XR device further comprises:
capturing at least one image of the second XR device at the first XR device (i.e., the movements of user resulting in movements of HMD result in…to generate video frames displayed vis the HMD, page 3 paragraph [0024]); and
processing the at least one image of the second XR device at the first XR device (i.e., provide a cooperative xR session between users such as in form of 3-D modeling, page 3 paragraph [0025]).
Iyer does not explicitly teach based at least in part on the processing, determining that the second XR device is within the XR environment or the physical environment.
Switzer teaches based at least in part on the processing, determining that the second XR device is within the XR environment or the physical environment (i.e., the people on this network enables them to view everyone on this network that has been discovery vis People Near Me…open the People Near Me fly out to the respective page so that the user can view either the list of people or devices, page 10 paragraph [0196]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Iyer to, based at least in part on the processing, determine that the second XR device is within the XR environment or the physical environment, as taught by Switzer. One would be motivated to do so to allow an ad-hoc network to be easily set up (i.e., Switzer, page 2 paragraph [0049).
Regarding claims 11-20, those claims recite a computer-implemented system for performing method claims 1-20, discussed above, same rationale of rejections is applied.
Conclusion
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/OANH DUONG/Primary Examiner, Art Unit 2459
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