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 1/17/25 was 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 1-17 are rejected on the grounds of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-12, 14-16, 27, and 29 of US 11,347,054.
US 11,347,054
Current Application (19/030,887)
1. A display system comprising: a head-mounted augmented reality display device configured to be worn by a user, and configured to present virtual content to the user; one or more sensors; and one or more processors, and computer storage media storing instructions that when executed by the display system, cause the display system to perform operations comprising: obtaining information, detected via the sensors of the system, identifying an optical code within a field of view of display system or a wireless transmitter proximate to the display system, wherein the optical code or wireless transmitter trigger access to virtual content; accessing user profile information associated with the user, the user profile information including customized settings associated with presentation of virtual content, wherein the customized settings are set by the user, and wherein the customized settings include: one or more types of virtual content which are disallowed for presentation to the user; a maximum size associated with presented virtual content; and a maximum number of virtual objects presented at a same time to the user; estimating a depth of the optical code or the wireless transmitter, the depth representing an estimated distance of the display system to the optical code or wireless transmitter; obtaining, via the triggered access, virtual content to be presented via the system, the virtual content being presented as augmented reality content visible within an ambient environment, wherein the ambient environment includes a real-world object which is detectable by the processors via the sensors and is associated with the virtual content, and wherein the obtained virtual content is indicated as being allowable for presentation based on the customized settings; selecting a depth plane of a plurality of depth planes at which to present the virtual content, the depth plane selected based on the estimated depth of the optical code or the wireless transmitter, and the depth plane corresponding to the estimated depth; and presenting, via the augmented reality display device, the virtual content at the selected depth plane in accordance with the customized settings, wherein the real-world object is configured as an input device, and wherein movement of the real-world object causes corresponding movement of the virtual content as presented at the selected depth plane.
1. A method, performed by a display system that includes a head-mounted augmented reality display device that is worn by a user and that presents virtual content to the user; one or more sensors; and one or more processors, and computer storage media storing instructions that when executed by the display system, cause the display system to perform the method, the method comprising: obtaining information, detected via the one or more sensors of the display system, and identifying an optical code within a field of view of display system or a wireless transmitter proximate to the display system, wherein the optical code or wireless transmitter trigger access to virtual content; accessing user profile information associated with the user, the user profile information including customized settings associated with presentation of virtual content, wherein the customized settings are set by the user, and wherein the customized settings include: one or more types of virtual content which are disallowed for presentation to the user, a maximum size associated with presented virtual content, and a maximum number of virtual objects presented at a same time to the user; estimating a depth of the optical code or the wireless transmitter, the depth representing an estimated distance of the display system to the optical code or wireless transmitter; obtaining, via the triggered access, virtual content to be presented via the display system, the virtual content being presented as augmented reality content visible within an ambient environment, wherein the ambient environment includes a real-world object which is detectable by the processors via the one or more sensors and is associated with the virtual content, and wherein the obtained virtual content is indicated as being allowable for presentation based on the customized settings; selecting a depth plane of a plurality of depth planes at which to present the virtual content, the depth plane selected based on the estimated depth of the optical code or the wireless transmitter, and the depth plane corresponding to the estimated depth; and presenting, via the head-mounted augmented reality display device, the virtual content at the selected depth plane in accordance with the customized settings, wherein the real-world object is an input device, and wherein movement of the real-world object causes corresponding movement of the virtual content as presented at the selected depth plane.
Although the conflicting claims are not identical, they are not patentably distinct from each other because besides wording, there are no significant differences between the limitations claimed except for minor obvious variants and the claims of the present application being directed to the method performed by the augmented reality display device versus the system having the augmented reality display device of US 11,347,054. Claims 2-3, 5-13, and 14-16 of the present application correspond to claims 2-3, 4-12, and 14-16 of US 11,347,054. Claim 4 of the present application corresponds to claim 29 of US 11,347,054. Claim 17 of the present application corresponds to claim 27 of US 11,347,054.
Allowable Subject Matter
Claims 18-22 are allowed.
The following is an examiner’s statement of reasons for allowance: Regarding claim 18, none of the cited prior art references teaches each of the features of the claim including: accessing user profile information associated with the user, the user profile information including customized settings associated with presentation of virtual content, wherein the customized settings are set by the user, and wherein the customized settings include: one or more types of virtual content which are disallowed for presentation to the user; a maximum size associated with presented virtual content; and a maximum number of virtual objects presented at a same time to the user; estimating a depth of the QR code, the depth representing an estimated distance of the augmented reality display device to the QR code; decoding the QR code, and obtaining an indication of a network location; providing a request to the network location for virtual content, wherein the virtual content is indicated as being allowable for presentation based on the customized settings; selecting a waveguide of the plurality of stacked waveguides at which to present virtual content, the selected waveguide being associated with the estimated depth; and presenting, via the selected waveguide, virtual content received in response to the request in accordance with the customized settings, wherein the real-world object is an input device, and wherein movement of the real-world object causes corresponding movement of the virtual content as presented at a selected depth plane. The closest prior art to Mullins et al. (2016/0247324) teaches a method witha head-mounted augmented reality display device configured to be worn by a user, and configured to present virtual content to the user (abstract, Fig. 2, viewing device 101 has virtual content creation module 214); one or more sensors (Fig. 2, sensors 202); and one or more processors, and computer storage media storing instructions that when executed by the display system, cause the display system to perform operations comprising ([0022], Fig. 2, processor 206, AR application 212 is stored in computer storage media storing instructions executed by the display system of device 101, storage device 208 stores instructions): obtaining information, detected via the sensors of the system, identifying an optical code within a field of view of the display system or a wireless transmitter proximate to the display system, wherein the optical code or wireless transmitter trigger access to the virtual content ([0022-0026, 0041, 0050-0053], virtual content triggered based on wireless bluetooth, beacon signal from the object; [0022], physical object can include QR code for identifying the object by the AR application which then provides virtual object or content); estimating a depth of the optical code or the wireless transmitter, the depth representing an estimated distance of the display system to the optical code or wireless transmitter ([0025], HMD associates virtual content with identifiers of the physical object and tracking data related to the physical object; tracking date includes Bluetooth, beacon signal and a distance between the HMD and the physical device (including QR code associated with physical object)); obtaining, via the triggered access, virtual content to be presented via the system, the virtual content being presented as augmented reality content visible within an ambient environment ([0003, 0022-0026], augmented reality with artificial information as visible content; content is virtual object associated with a physical object); and presenting, via the augmented reality display device, the virtual content ([0022-0026], virtual content is presented at the location of the physical object). However, Mullins does not teach selecting a depth plane of a plurality of depth planes at which to present the virtual content, the depth plane selected based on the estimated depth of the optical code or the wireless transmitter, the depth plane corresponding to the estimated depth; presenting the virtual content at the selected depth plane; accessing user profile information associated with the user, the user profile information including customized settings associated with presentation of virtual content, wherein the customized settings are set by the user, and wherein the customized settings include: one or more types of virtual content which are disallowed for presentation to the user; a maximum size associated with presented virtual content; and a maximum number of virtual objects presented at a same time to the user; estimating a depth of the QR code, the depth representing an estimated distance of the augmented reality display device to the QR code; decoding the QR code, and obtaining an indication of a network location; providing a request to the network location for virtual content, wherein the virtual content is indicated as being allowable for presentation based on the customized settings; selecting a waveguide of the plurality of stacked waveguides at which to present virtual content, the selected waveguide being associated with the estimated depth; and presenting, via the selected waveguide, virtual content received in response to the request in accordance with the customized settings, wherein the real-world object is an input device, and wherein movement of the real-world object causes corresponding movement of the virtual content as presented at a selected depth plane.
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Conclusion
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JOSEPH PATRICK FOX
Examiner
Art Unit 2622
/JOSEPH P FOX/Examiner, Art Unit 2622
/PATRICK N EDOUARD/Supervisory Patent Examiner, Art Unit 2622