DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant’s arguments, filed 9/9/2026, with respect to the rejection(s) of claim(s) 4, 6, 9-12, 14 and 17-20 under pre-AIA 35 U.S.C. 102(a) as being anticipated by Bionic Eye for the iPhone 3GS with Augmented Reality by Presselite iphone applications (Presselite). have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of USPN 5,627,915 Rosser et al.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
1: Claim 2-4, 6, 9-12, 14 and 17-20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Bionic Eye for the iPhone 3GS with Augmented Reality by Presselite iphone applications (Presselite) in view of USPN 5,627,915 Rosser et al.
2: As for Claim 2, Presselite teaches in the Youtube video a system (iPhone 3GS smartphone), comprising: a camera; a display; one or more processors; and a memory storing instructions (the video teaches the use of an iPhone 3GS which includes a camera, display, processor and memory) that, when executed by the one or more processors, cause the one or more processors to: display a live video (rear facing camera captured live video of the scene) captured by the camera and a computer-generated imagery (computer generated imagery in the form of icons related to the different restaurants) generated based on the live video on the display (the location of the icons is based on the determined location within the image on the display); receive sensor data from the one or more sensors (motion sensors detect motion and change the location of the icons in real-time) indicating that the camera is in motion, wherein the computer-generated imagery (restaurant icons depicted in the below figure) depicting the identified object and the live video are synchronized based on the received sensor data; and receive a user input for navigating the computer-generated imagery depicting the identified object, wherein navigation of the computer- generated imagery based on the user input is separate from the live video (see second image included below); and display, based on the user input, an updated view of the computer-generated imagery (after an icon is selected a new icon is viewable in real time for navigation to the location).
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However, does not teach identifying an object based on pattern recognition of the object as depicted in the live video captured by the camera.
Rosser et al teaches in the abstract a system for identifying an object based on pattern recognition of the object as depicted in the live video captured by the camera and teaches the pattern recognition system is advantageous in order to quickly identify objects in live video.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to perform the pattern recognition and object recognition processing of Rosset at al on the live captured video of the system of Presselite in order to quickly identify objects in live video.
3: As for Claim 3, Presselite teaches in the video wherein: the system (iphone 3GS) comprises a touch sensitive surface; and the user input for navigating the computer-generated imagery is received via the touch sensitive surface.
4: As for Claim 4, Presselite teaches in the video wherein: the user input for navigating the computer-generated imagery (user interacts with the touch screen of the iphone) includes instruction to navigate the computer-generated imagery by performing one or more tilting, zooming, panning, or shifting of the computer-generated imagery.
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5: As for Claim 6, Presselite teaches in the video wherein the memory further comprises instructions that further cause the one or more processors to: generate an information layer including information about the object (information including distance and directions to the locations is displayed); overlay the information layer onto the computer-generated imagery (the distance information is included on the depicted rectangular computer generated imagery as depicted below); and synchronize, based on the user input, the information layer and the updated view of the computer-generated imagery (the location of the displayed computer generated imagery is updated in real time based on the detected motion of the iPhone 3GS).
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6: As for Claim 9, Presselite discuses in the video wherein: the one or more sensors include at least one of: a gyroscope, a magnetometer, an accelerometer, a motion sensor, a light sensor, a proximity sensor, or a positioning system.
7: As for Claim 10, Claim 10 is rejected for reasons discussed related to Claim 2.
8: As for Claim 11, Claim 11 is rejected for reasons discussed related to Claim 3.
9: As for Claim 12, Claim 12 is rejected for reasons discussed related to Claim 4.
10: As for Claim 14, Claim 14 is rejected for reasons discussed related to Claim 6.
11: As for Claim 17, Claim 17 is rejected for reasons discussed related to Claim 9.
12: As for Claim 18, Claim 18 is rejected for reasons discussed related to Claim 2.
13: As for Claim 19, Claim 19 is rejected for reasons discussed related to Claim 3.
14: As for Claim 20, Claim 20 is rejected for reasons discussed related to Claim 4.
Allowable Subject Matter
Claims 5, 7, 8, 13, 15, 16 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M HANNETT whose telephone number is (571)272-7309. The examiner can normally be reached 8:00 AM-5:00 PM Monday thru Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Twyler Haskins can be reached at 571-272-7406 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/JAMES M HANNETT/Primary Examiner, Art Unit 2639
JMH
September 22, 2026
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