DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
Drawings
2. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
“performing the first operation includes executing a function of a first application associated with the first location at which the gaze is directed; and
performing the second operation includes executing a function of a second application associated with the second location at which the gaze is directed.” (Claim 21, Claim 22 is similar; please see below for detail)
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 21-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 21’s limitation
“performing the first operation includes executing a function of a first application associated with the first location at which the gaze is directed; and
performing the second operation includes executing a function of a second application associated with the second location at which the gaze is directed” is NOT clear because:
A. Applicant indicates that support for the above amendment can be found in the original specification disclosure [0046]-[0057], however, the Examiner does NOT positively identify any provision of the above recitation.
B. The original specification [0046]-[0057] generally discloses that the invention of multi-inputs can be used in many applications such as window’s operations, gaming, phone, biometrics i.e. finger/face recognitions in security, fitness, and photo. However, there is NO executions involve gaze’s locations between first and second applications.
C. There is NO drawing supporting the above recitations.
D. What does “application” mean? Does “application” mean “software” to perform particular functions, for example, game, phone, facial recognition, photo, map, etc. ? or
executions of different operations of the same application as disclosed in [0057] as “select a displayed object” and “look for photos with similar characteristics or attributes” in the same photo application?
To further advance prosecution, the Examiner interprets “first application” and “second application” as ONE APPLICATION in agreement with the above original specification.
Claim 22 recites the similar limitation, therefore, is rejected by the same rationales and analysis as shown above in Claim 21.
Appropriate correction required including provision of drawing(s).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
4. Claim(s) 1-2, 4, 7-8, 10-12, 14, 17-18, and 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilson et al. (US Patent/PGPub. No. 20040193413).
Regarding Claim 1, (Currently Amended)
Wilson et al. teach
an electronic device ([0178], FIG. 20, i.e. 3-D imaging computer control system 2002), comprising:
a first sensing device ([0129], FIG. 20, i.e. cameras 1322; [0124], FIG. 11, i.e. multiple cameras 1160 could be included as input devices) configured to generate first gesture data ([0129], FIG. 20, i.e. suitably designed for capturing images of at least the hands);
one or more second sensing devices ([0131], FIG. 20, i.e. wand 1404) configured to generate gaze data ([0131], FIG. 20, i.e. line of sight (or also called, "gaze") of the person); and
a processor ([0117], FIG. 11, i.e. processing unit 1104) coupled to the first sensing device and the one or more second sensing devices (FIG. 11 & 20, i.e. as shown by the figure(s) 1104 coupled to 1160 and 1404), the processor (i.e. please see above citation(s)) programmed to:
process the first gesture data to detect a gesture associated with a first hand ([0185], FIG. 21E, i.e. right-hand open-hand pose); and
process the gesture in accordance with the gaze data to perform one or more operations ([0185], FIG. 21E, i.e. one-handed gestures used in combination with … gaze signals) on the electronic device (i.e. please see above citation(s)), wherein performing the one or more operations ([0185], FIG. 21E, i.e. to control the operation) on the electronic device ([0185], FIG. 21E, i.e. computing system) includes:
in accordance with a determination that the gaze is directed to a first location ([0185], FIG. 21E, i.e. gazing at an image on a first display), performing a first operation ([0185], FIG. 21E, i.e. operation computer system … on the image of the first display) on the electronic device (i.e. please see above citation(s)); and
in accordance with a determination that the gaze is directed to a second location ([0185], FIG. 21E, i.e. while gazing … on a second display) different from the first location ([0185], FIG. 21E, i.e. (second display different from first display)), performing a second operation ([0185], FIG. 21E, i.e. control the computer … on the image of the second display) different from the first operation ([0185], FIG. 21E, i.e. (“operation” as selection of display; “first operation” is selection of first display while “second operation” is selection of second display)) on the electronic device (i.e. please see above citation(s)).
Regarding Claim 2, (Original)
Wilson et al. teach
the electronic device of claim 1, the processor further programmed to:
determine that the gesture is time-aligned with the gaze data ([0185], FIG. 21E, i.e. right-hand open-hand pose in combination with … while gazing at an image on a first display (please note that applicant defines “time-align” as combination/addition of inputs to create command in ABSTRACT)); and
in accordance with a determination that the gesture is time-aligned with the gaze data (i.e. please see above citation(s)), perform the one or more operations related to the location at which the gaze is directed ([0185], FIG. 21E, i.e. operation computer system … on the image of the first display).
Regarding Claim 4, (Original)
Wilson et al. teach
the electronic device of claim 1, wherein detecting the gesture comprises detecting movement of a first hand ([0185], FIG. 21E, i.e. zoom-in process … until the gesture is changed).
Regarding Claim 7, (Original)
Wilson et al. teach
the electronic device of claim 1, the processor further programmed to process the first gesture data (i.e. please see above citation(s)) to detect an arrangement of finger locations of a first hand (FIG. 21E, i.e. as shown by the figure(s) open hand, extending specific fingers, and hand/finger orientation)).
Regarding Claim 8, (Original)
Wilson et al. teach
the electronic device of claim 7, the processor further programmed to process the first gesture data (i.e. please see above citation(s)) to detect movement of the finger locations relative to each other ([0185], FIG. 21E, i.e. the thumb and pinky finger extended of the pose of the right hand).
Regarding Claim 10, (Original)
Wilson et al. teach
the electronic device of claim 1, the processor further programmed to process the first gesture data (i.e. please see above citation(s)) to identify one or more fingers of a detected first hand ([0185], FIG. 21E, i.e. At 2140, the right-hand open-hand pose).
Regarding Claim 11, (Currently Amended)
Wilson et al. teach
a method ([0002], FIG. 21, i.e. method to implement alternative modalities for controlling computer programs and devices), comprising:
at an electronic device ([0178], FIG. 20, i.e. 3-D imaging computer control system 2002) in communication with a display ([0128], FIG. 20, i.e. first monitor (or display) 1316):
receiving first gesture data ([0129], FIG. 20, i.e. suitably designed for capturing images of at least the hands) from a first sensing device ([0129], FIG. 20, i.e. cameras 1322; [0124], FIG. 11, i.e. multiple cameras 1160 could be included as input devices);
receiving gaze data ([0131], FIG. 20, i.e. line of sight (or also called, "gaze") of the person) from one or more second sensing devices ([0131], FIG. 20, i.e. wand 1404);
processing the first gesture data to detect a gesture associated with a first hand ([0185], FIG. 21E, i.e. right-hand open-hand pose); and
processing the gesture in accordance with the gaze data to perform one or more operations ([0185], FIG. 21E, i.e. one-handed gestures used in combination with … gaze signals) on the electronic device (i.e. please see above citation(s)), the one or more operations ([0185], FIG. 21E, i.e. to control the operation) related to a location at which a gaze is directed ([0185], FIG. 21E, i.e. gazing at an image on a first display), wherein performing the one or more operations on the electronic device (i.e. please see above citation(s)) includes:
in accordance with a determination that the gaze is directed to a first location ([0185], FIG. 21E, i.e. gazing at an image on a first display), performing a first operation ([0185], FIG. 21E, i.e. operation computer system … on the image of the first display) on the electronic device (i.e. please see above citation(s)); and
in accordance with a determination that the gaze is directed to a second location ([0185], FIG. 21E, i.e. while gazing … on a second display) different from the first location ([0185], FIG. 21E, i.e. (second display different from first display)), performing a second operation ([0185], FIG. 21E, i.e. control the computer … on the image of the second display) different from the first operation ([0185], FIG. 21E, i.e. (“operation” as selection of display; “first operation” is selection of first display while “second operation” is selection of second display)) on the electronic device (i.e. please see above citation(s)).
Regarding Claim 12, (Original)
Wilson et al. teach
the method of claim 11, further comprising:
determining that the detected gesture is time-aligned with the gaze data ([0185], FIG. 21E, i.e. right-hand open-hand pose in combination with … while gazing at an image on a first display (please note that applicant defines “time-align” as combination/addition of inputs to create command in ABSTRACT)); and
in accordance with a determination that the detected gesture is time-aligned with the gaze data (i.e. please see above citation(s)), performing the one or more operations related to the location at which the gaze is directed ([0185], FIG. 21E, i.e. operation computer system … on the image of the first display).
Regarding Claim 14, (Original)
Wilson et al. teach
the method of claim 11, wherein detecting the gesture comprises detecting movement of a first hand ([0185], FIG. 21E, i.e. zoom-in process … until the gesture is changed).
Regarding Claim 17, (Original)
Wilson et al. teach
the method of claim 11, further comprising processing the first gesture data (i.e. please see above citation(s)) to detect an arrangement of finger locations of a first hand (FIG. 21E, i.e. as shown by the figure(s) open hand, extending specific fingers, and hand/finger orientation)).
Regarding Claim 18, (Original)
Wilson et al. teach
the method of claim 17, further comprising processing the first gesture data (i.e. please see above citation(s)) to detect movement of the finger locations relative to each other ([0185], FIG. 21E, i.e. the thumb and pinky finger extended of the pose of the right hand).
Regarding Claim 20, (Original)
Wilson et al. teach
the method of claim 11, further comprising processing the first gesture data (i.e. please see above citation(s)) to identify one or more fingers of a detected first hand ([0185], FIG. 21E, i.e. At 2140, the right-hand open-hand pose).
Regarding Claim 21, (New)
Wilson et al. teach
the electronic device of claim 1, wherein:
performing the first operation includes executing a function of a first application ([0185], FIG. 21E, i.e. (“function of a first application” is selection of first display)) associated with the first location at which the gaze is directed ([0185], FIG. 21E, i.e. gazing at an image on a first display); and
performing the second operation includes executing a function of a second application ([0185], FIG. 21E, i.e. (“function of a second application” is selection of second display)) associated with the second location at which the gaze is directed ([0185], FIG. 21E, i.e. while gazing … on a second display).
Regarding Claim 22, (New)
Wilson et al. teach
the method of claim 11, wherein:
performing the first operation includes executing a function of a first application ([0185], FIG. 21E, i.e. (“function of a first application” is selection of first display)) associated with the first location at which the gaze is directed ([0185], FIG. 21E, i.e. gazing at an image on a first display); and
performing the second operation includes executing a function of a second application ([0185], FIG. 21E, i.e. (“function of a second application” is selection of second display)) associated with the second location at which the gaze is directed ([0185], FIG. 21E, i.e. while gazing … on a second display).
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 of this title, 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.
5. Claim(s) 3 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US Patent/PGPub. No. 20040193413) in view of Beymer et al. (US Patent/PGPub. No. 20050243054).
Regarding Claim 3, (Original)
Wilson et al. teach
the electronic device of claim 1.
However, Wilson et al. do not explicitly teach
wherein the one or more operations comprise modifying one or more objects displayed at the location at which the gaze is directed.
In the same field of endeavor, Beymer et al. teach
wherein the one or more operations ([0019], FIG. 1-2, i.e. highlights) comprise modifying one or more objects ([0019], FIG. 1-2, i.e. object) displayed at the location at which the gaze is directed ([0019], FIG. 1-2, i.e. one object is located near the gaze position … darkening/lightening the object's color).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to combine Wilson et al. teaching device of detecting gesture and eye tracking to perform operations with Beymer et al. teaching device of detecting gazing for modifying object’s feature to effectively and easily improve user/machine interface (Beymer et al.’s [0019]).
Regarding Claim 13, (Original)
Wilson et al. teach
the method of claim 11.
However, Wilson et al. do not explicitly teach
wherein the one or more operations comprise modifying one or more objects displayed at the location at which the gaze is directed.
In the same field of endeavor, Beymer et al. teach
wherein the one or more operations ([0019], FIG. 1-2, i.e. highlights) comprise modifying one or more objects ([0019], FIG. 1-2, i.e. object) displayed at the location at which the gaze is directed ([0019], FIG. 1-2, i.e. one object is located near the gaze position … darkening/lightening the object's color).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to combine Wilson et al. teaching method of detecting gesture and eye tracking to perform operations with Beymer et al. teaching method of detecting gazing for modifying object’s feature to effectively and easily improve user/machine interface (Beymer et al.’s [0019]).
6. Claim(s) 5-6, 9, 15-16, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US Patent/PGPub. No. 20040193413) in view of Wu et al. (US Patent/PGPub. No. 20050052427).
Regarding Claim 5, (Original)
Wilson et al. teach
the electronic device of claim 4.
However, Wilson et al. do not explicitly teach
the processor further programmed to process the first gesture data to detect the gesture being additionally performed by a second hand.
In the same field of endeavor, Wu et al. teach
the processor further programmed to process ([0018], FIG. 1, i.e. perform computer operations) the first gesture data to detect the gesture being additionally performed by a second hand ([0034], FIG. 5, i.e. "writing" or "drawing" 502 with the other hand 503).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to combine Wilson et al. teaching device of detecting gesture and eye tracking to perform operations with Wu et al. teaching device of detecting gesture of both hands to effectively and easily interact with user interface utilizing both hands (Wu et al.’s [0034]).
Regarding Claim 6, (Original)
the electronic device of claim 5,
Wu et al. teach
the processor further programmed to detect the gesture by detecting movement of the first hand and second hand relative to each other ([0039], FIG. 9, i.e. two hands 901 are placed apart on the touch surface to indicate a piling gesture).
Regarding Claim 9, (Original)
Wilson et al. teach
the electronic device of claim 8.
However, Wilson et al. do not explicitly teach
the processor further programmed to:
process the first gesture data to detect movement of the finger locations toward each other; and
in accordance with the detection of movement of the finger locations toward each other, determine that the gesture is a pinch gesture.
In the same field of endeavor, Wu et al. teach
the processor further programmed to ([0018], FIG. 1, i.e. perform computer operations):
process the first gesture data to detect movement of the finger locations toward each other ([0037], FIG. 7-8, i.e. shrinking of the spread of the fingers); and
in accordance with the detection of movement of the finger locations toward each other (i.e. please see above citation(s)), determine that the gesture is a pinch gesture ([0037], FIG. 7-8, i.e. the size of the bounding box can be changed … shrinking).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to combine Wilson et al. teaching device of detecting gesture and eye tracking to perform operations with Wu et al. teaching device of detecting hand(s) gestures to effectively and easily interact with user interface performing plurality of operations including zoom in/out utilizing pinching gesture (Wu et al.’s [0034]-[0037]).
Regarding Claim 15, (Original)
Wilson et al. teach
the method of claim 11.
However, Wilson et al. do not explicitly teach
further comprising processing the first gesture data to detect the gesture being additionally performed by a second hand.
In the same field of endeavor, Wu et al. teach
further comprising processing ([0018], FIG. 1, i.e. perform computer operations) the first gesture data to detect the gesture being additionally performed by a second hand ([0034], FIG. 5, i.e. "writing" or "drawing" 502 with the other hand 503).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to combine Wilson et al. teaching method of detecting gesture and eye tracking to perform operations with Wu et al. teaching method of detecting gesture of both hands to effectively and easily interact with user interface utilizing both hands (Wu et al.’s [0034]).
Regarding Claim 16, (Original)
the method of claim 15,
Wu et al. teach
further comprising detecting the gesture by detecting movement of a first hand and second hand relative to each other ([0039], FIG. 9, i.e. two hands 901 are placed apart on the touch surface to indicate a piling gesture).
Regarding Claim 19, (Original)
Wilson et al. teach
the method of claim 18.
However, Wilson et al. do not explicitly teach
further comprising:
processing the first gesture data to detect movement of the finger locations toward each other; and
in accordance with the detection of movement of the finger locations toward each other, determining that the gesture is a pinch gesture.
In the same field of endeavor, Wu et al. teach
further comprising:
processing the first gesture data to detect movement of the finger locations toward each other ([0037], FIG. 7-8, i.e. shrinking of the spread of the fingers); and
in accordance with the detection of movement of the finger locations toward each other (i.e. please see above citation(s)), determining that the gesture is a pinch gesture ([0037], FIG. 7-8, i.e. the size of the bounding box can be changed … shrinking).
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to combine Wilson et al. teaching method of detecting gesture and eye tracking to perform operations with Wu et al. teaching method of detecting hand(s) gestures to effectively and easily interact with user interface performing plurality of operations including zoom in/out utilizing pinching gesture (Wu et al.’s [0034]-[0037]).
Response to Argument/Amendment
7. Applicant’s arguments with respect to Claim(s) 1 and 11 has/have been considered but are moot because the arguments do not apply to the newly cited reference being used in the current rejection.
8. All dependent claims are properly rejected or objected as shown above.
9. Applicants’ Response to the Final Office Action, 05/08/2026, has been entered and made of record. Claim(s) 1 and 11 is/are amended, and Claims 21-22 is/are new. Thus, Claim(s) 1-22 is/are pending in this application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINH T. LAM whose telephone number is (571) 270-3704. The examiner can normally be reached Monday to Friday 8:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin K Patel can be reached at (571) 272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VINH T LAM/Primary Examiner, Art Unit 2628
