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 .
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.
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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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10430985 in view of Deluca (US Pat. Pub. No. 20160182877 “Deluca”).
Claim 1 of appl. 19022825
Claim 1 of Pat. 10430985
A display system, comprising: a wearable display device comprising:
A display system, comprising: a wearable display device comprising:
a display area comprising light redirecting features configured to direct light to a user, wherein the display area is at least partially transparent, thereby providing a view of an ambient environment through the display area;
a display area comprising light redirecting features configured to direct light to a user, wherein the display area is at least partially transparent and is configured to provide a view of an ambient environment through the display area;
a hardware processor; and a non-transitory computer-readable storage medium including computer-executable instructions that, when executed by the hardware processor, configure the hardware processor to perform operations comprising:
one or more hardware processors; and a non-transitory computer-readable storage medium including computer-executable instructions that, when executed by the one or more hardware processors, cause the one or more hardware processors to perform operations comprising:
determining that a reflection of the user is within a field of view of the user through the display area;
determining that a specular reflection is within the user's field of view through the display area,
wherein determining that the specular reflection is within the user's field of view comprises: receiving an indication of diffusion of detected reflected electromagnetic radiation or acoustical waves; and determining that a specular reflection is present if the indicated diffusion is below a threshold.
and subsequently displaying augmented reality content in the display area, the augmented reality content augmenting the reflection.
Claim 1 of instant appl. differs from the pat is only:
subsequently displaying augmented reality content in the display area, the augmented reality content augmenting the reflection.
Deluca teaches subsequently displaying augmented reality content in display area, the augmented reality content augmenting reflection (“[0167] FIG. 35 shows an example of a perceived image of an observer wearing a head mounted device looking at an observer reflection in a mirror, wherein the reflection is augmented with object images rendered by the headset to indicate reflected interface location”);
Claim 1 of Pat. 10430985 and Deluca are analogous art as both of them are related HMD display.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Claim 1 of Pat. 10430985 by subsequently displaying augmented reality content in display area, the augmented reality content augmenting reflection as taught by Deluca.
The motivation for the above is to provide user additional information about the reflection.
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.
Claim(s) 1 is rejected under 35 U.S.C. 103 as being unpatentable over Ambrus et al. (US Pat. Pub. No. 20150002507 “Ambrus”) in view of Deluca (US Pat. Pub. No. 20160182877 “Deluca”).
Regarding claim 1 Ambrus teaches A display system (Fig. 1), comprising:
a wearable display device comprising:
a display area comprising light redirecting features configured to direct light to a user, wherein the display area is at least partially transparent, thereby providing a view
of an ambient environment through the display area (“[0029] FIG. 2A is a side view of an eyeglass temple 102 of a frame in an embodiment of the NED device having an optical see-through AR display. At the front of frame 115 is depicted one of at least two depth image capture devices 113, e.g. depth cameras, which can capture image data like video and still images, typically in color, of the real world as well as depth sensor data. The depth sensor data may be captured by depth sensitive pixels which correspond to pixels on an image sensor in the depth camera 113. The capture devices 113 are also referred to as outward facing capture devices meaning facing outward from the user's head. [0035] In the illustrated embodiment of FIG. 2A, the image generation unit 120 includes a microdisplay and coupling optics, like a lens system. In this example, image data output by the microdisplay is directed to a reflecting surface 124. The reflecting surface 124 optically couples the light from the image generation unit 120 into a display unit 112 (see FIG. 2B), which directs the light representing the image into a user's eye when the device 2 is worn by a user”);
a hardware processor; and a non-transitory computer-readable storage medium including computer-executable instructions that, when executed by the hardware processor, configure the hardware processor to perform operations (“[0031]…… For example, the display driver 246 may provide control signals to microdisplay circuitry and drive current to an illumination source for the microdisplay. Other exemplary components includes a processing unit 210 which controls the display driver 246, a memory 244 accessible to the processing unit 210 for storing processor readable instructions and data, a communication module 137 communicatively coupled to the processing unit 210, sensor/speaker interface circuitry 231, and a power supply 239 providing power for the components of the control circuitry 136 and the other components of the display device”) comprising:
determining that a reflection of the user is within a field of view of the user through the display area (“[0004] The technology provides one or more embodiments of a near-eye display (NED) system. An embodiment of a NED system comprises a near-eye support structure, and a near-eye display (NED) supported by the near-eye support structure and having a field of view approximating a user field of view. [0060]….. For example, the object recognition engine 192 can detect a user's reflection in a mirror and estimate a user's width and height from the reflection”);
However Ambrus is silent about subsequently displaying augmented reality content in the display area, the augmented reality content augmenting the reflection.
Deluca teaches subsequently displaying augmented reality content in display area, the augmented reality content augmenting reflection (“[0167] FIG. 35 shows an example of a perceived image of an observer wearing a head mounted device looking at an observer reflection in a mirror, wherein the reflection is augmented with object images rendered by the headset to indicate reflected interface location”);
Ambrus and Deluca are analogous art as both of them are related HMD display.
Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Ambrus by subsequently displaying augmented reality content in display area, the augmented reality content augmenting reflection as taught by Deluca.
The motivation for the above is to provide user additional information about the reflection.
Conclusion
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/SAPTARSHI MAZUMDER/ Primary Examiner, Art Unit 2612
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