The present application is being examined under the pre-AIA first to invent provisions.
Detailed Action
Current Status of Claims
This action is issued in response to communication of January 20, 2026. By amendment of January 20, 2026 the Applicant amended claims 3 and 8. Therefore, claims 1 to 20 remain active in the application.
Response to Arguments
Applicant's arguments filed January 20, 2026 have been fully considered but they are not persuasive. Specifically, the Applicant argues that the double patenting rejection is not proper based on the effective filing dates of the issued Patent No. 12,299,196 and instant application. However, as it was discussed previously in this particular case the requirement for filing a Terminal Disclaimer is issued according to MPEP 804.02 VI stating two reasons for disclaimer. Specifically, referring to MPEP 804.02 VI, firstly, each one of the commonly owned conflicting nonstatutory double patenting references must be included in the terminal disclaimer to avoid the problem of dual ownership of patents to patentably indistinct inventions in the event that the patent issuing from the application being examined ceases to be commonly owned with any one of the double patenting references that have issued or may issue as a patent. Second, 37 CFR 1.321(c)(3) requires that a terminal disclaimer filed to obviate a nonstatutory double patenting rejection based on commonly owned conflicting claims include a provision that any patent granted on that application be enforceable only for and during the period that the patent is commonly owned with the application or patent which formed the basis for the rejection. This should be done in order to avoid the situation when patents are separately enforced. In the current situation, the conflicting Patent No. 12,299,196 did not require a terminal disclaimer timely. Accordingly, in order to avoid future problems with separate enforcement of the patents to patentably indistinct inventions a terminal disclaimer establishing connection should be currently provided. Therefore, the previous rejection is maintained and made final. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Specification
In response of January 20, 2026 the Applicant argues that the present application’s Abstract complies with MPEP guidance and does not require correction. Examiner respectfully disagrees since the essential language of the abstract is identical to the conflicting application besides the introductory expressions “The disclosed system for tracking user movements while a user is interacting with a virtual object may include” versa the introduction sentence of the conflicting patent “The various implementations described herein include methods and systems for tracking user movement.” The Applicant further lists functions of the disclosed system being absolutely identical to steps of the method disclosed by conflicting patent. Accordingly, the objection to the abstract is maintained and made final.
Applicant is reminded of the proper content of an abstract of the disclosure. particularly, the abstract reflects the specifics of the invention. However, the abstract of the instant application is almost identical to the abstract of the commonly own US Patent 12,299,196. Appropriate correction is respectfully requested.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 to 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,299,196 commonly assigned to Meta Platforms Technologies, LLS. Although the claims at issue are not identical, they are not patentably distinct from each other because since both inventions are related to a computing system and method for assigning motion characteristics to a virtual object in accordance with the tracking information based on an arm position of a user and wrist information detected by a neuromuscular-signal sensor for a wrist of the arm of the user.
Instant application 19/031,332
Conflicting US Patent 12,299,196
1. A computing system, comprising: control circuitry; memory; and one or more sets of instructions stored in the memory and configured for execution by the control circuitry, the one or more sets of instructions comprising instructions for: while a user is interacting with a virtual object: obtaining tracking information by tracking, via a sensor, a position of an arm of the user; and in conjunction with tracking the position of the arm, obtaining wrist information by detecting, via a neuromuscular-signal sensor, a movement of a wrist of the arm; and assigning one or more motion characteristics to the virtual object in accordance with the tracking information and the wrist information.
2. The computing system of claim 1, wherein assigning the one or more motion characteristics comprises assigning the one or more motion characteristics to at least one of the arm or wrist of the user.
3. The computing system of claim 1, wherein the one or more sets of instructions further comprise instructions for identifying the one or more motion characteristics of the interaction with the virtual object.
4. The computing system of claim 1, wherein the one or more sets of instructions further comprise instructions for updating one or more visual characteristics of a virtual environment based on at least one of the wrist information or the tracking information.
5. The computing system of claim 1, wherein assigning the one or more motion characteristics to the virtual object comprises assigning a trajectory to the virtual object.
6. The computing system of claim 1, wherein the sensor and the neuromuscular-signal sensor are arranged on a wrist-wearable device.
7. The computing system of claim 5, wherein:
the neuromuscular-signal sensor is arranged to sense signals for a first motor unit in the arm of the user; and
the wrist-wearable device further includes a second neuromuscular-signal sensor arranged to sense signals for a second motor unit in the arm of the user.
8. The computing system of claim 1, wherein the one or more sets of instructions further comprise instructions for, in conjunction with tracking the position of the arm:
obtaining additional tracking information by tracking a position of the other arm of the user; and
obtaining additional wrist information by detecting, via an additional neuromuscular- signal sensor, a movement of a wrist of the other arm, wherein the one or more motion characteristics are based on the additional tracking information and the additional wrist information.
9. The computing system of claim 1, wherein: the virtual object is a virtual ball; and the user interacting with the virtual object comprises the user striking the virtual ball.
10. The computing system of claim 1, wherein the virtual object is displayed to the user via a head-wearable device.
11. The computing system of claim 1, wherein feedback information corresponding to the one or more motion characteristics is provided to the user.
12. The computing system of claim 1, wherein the sensor is an inertial measurement unit (IMU) sensor.
13. The computing system of claim 1, wherein the sensor is an imaging sensor.
14. The computing system of claim 1, wherein the sensor is arranged on a controller.
15. The computing system of claim 1, wherein:
the user interacting with the virtual object comprises the user throwing the virtual object; and the one or more motion characteristics are assigned to the virtual object in response to detecting the user perform a release gesture.
16. The computing system of claim 15, wherein a rotational velocity of the virtual object is assigned based on the wrist information.
17. The computing system of claim 15, wherein the release gesture comprises the user pressing or releasing a button.
18. The computing system of claim 15, wherein during a throwing motion the user is performing a pinch gesture, and wherein the release gesture comprises the user releasing the pinch gesture.
19. A method of tracking user movements, the method comprising: while a user 1s interacting with a virtual object: obtaining tracking information by tracking, via a sensor, a position of an arm of the user; and in conjunction with tracking the position of the arm, obtaining wrist information by detecting, via a neuromuscular-signal sensor, a movement of a wrist of the arm; and assigning one or more motion characteristics to the virtual object in accordance with the tracking information and the wrist information.
20. A non-transitory computer-readable storage medium storing one or more sets of instructions configured for execution by a computing device having control circuitry and memory, the one or more sets of instructions comprising instructions for: while a user 1s interacting with a virtual object: obtaining tracking information by tracking, via a sensor, a position of an arm of the user; and in conjunction with tracking the position of the arm, obtaining wrist information by detecting, via a neuromuscular-signal sensor, a movement of a wrist of the arm; and assigning one or more motion characteristics to the virtual object in accordance with the tracking information and the wrist information.
1. A method of tracking user movements, the method comprising: while a user is interacting with a virtual object displayed to the user via a head-wearable device: obtaining tracking information by tracking, via a sensor, a position of an arm of the user; and in conjunction with tracking the position of the arm, obtaining wrist information by detecting, via a neuromuscular-signal sensor, neuromuscular signals indicating respective muscle intensity levels at a wrist of the arm while the user is continuing to interact with the virtual object; determining, based on one or both of the tracking information and the neuromuscular signals indicating respective muscle intensity levels at the wrist of the arm while the user is continuing to interact with the virtual object, a contact feature characterizing the user's interaction with the virtual object; and in response to determining the contact feature, assigning one or more motion characteristics to the virtual object in accordance with the tracking information and the wrist information, wherein the one or more motion characteristics include an object velocity and an object trajectory.
2. The method of claim 1, further comprising determining an angle of release based on the wrist information and a release input from the user and assigning the one or more motion characteristics in accordance with the angle of release.
3. The method of claim 1, further comprising determining a center of mass based on the wrist information and assigning the one or more motion characteristics in accordance with the center of mass.
4. The method of claim 1, wherein the sensor is an inertial measurement unit (IMU) sensor.
5. The method of claim 1, wherein the sensor is an imaging sensor.
6. The method of claim 1, wherein the sensor and the neuromuscular-signal sensor are arranged on a wrist-wearable device.
7. The method of claim 6, wherein: the neuromuscular-signal sensor is arranged to sense signals for a first motor unit in the arm of the user; and the wrist-wearable device further includes a second neuromuscular-signal sensor arranged to sense signals for a second motor unit in the arm of the user.
8. The method of claim 1, further comprising, in conjunction with tracking the position of the arm: obtaining additional tracking information by tracking a position of the other arm of the user; and obtaining additional wrist information by detecting, via an additional neuromuscular-signal sensor, a movement of a wrist of the other arm, wherein the one or more motion characteristics are based on the additional tracking information and the additional wrist information.
9. The method of claim 1, wherein the sensor is arranged on a controller.
10. The method of claim 1, wherein: the user interacting with the virtual object comprises the user throwing the virtual object; and the one or more motion characteristics are assigned to the virtual object in response to detecting the user perform a release gesture.
11. The method of claim 10, wherein a rotational velocity of the virtual object is assigned based on the wrist information.
12. The method of claim 10, wherein the release gesture comprises the user pressing or releasing a button.
13. The method of claim 10, wherein during a throwing motion the user is performing a pinch gesture, and wherein the release gesture comprises the user releasing the pinch gesture.
14. The method of claim 1, wherein: the virtual object is a virtual ball; and the user interacting with the virtual object comprises the user striking the virtual ball.
15. The method of claim 1, wherein feedback information corresponding to the one or more motion characteristics is provided to the user.
16. A computing system, comprising: control circuitry; memory; and one or more sets of instructions stored in the memory and configured for execution by the control circuitry, the one or more sets of instructions comprising instructions for: while a user is interacting with a virtual object displayed to the user via a head-wearable device: obtaining tracking information by tracking, via a sensor, a position of an arm of the user; and in conjunction with tracking the position of the arm, obtaining wrist information by detecting, via a neuromuscular-signal sensor, neuromuscular signals indicating respective muscle intensity levels at a movement of a wrist of the arm while the user is continuing to interact with the virtual object; determining, based on one or both of the tracking information and the neuromuscular signals indicating respective muscle intensity levels at the wrist of the arm while the user is continuing to interact with the virtual object, a contact feature characterizing the user's interaction with the virtual object; and in response to determining the contact feature, assigning one or more motion characteristics to the virtual object in accordance with the tracking information and the wrist information, wherein the one or more motion characteristics include an object velocity and an object trajectory.
17. A non-transitory computer-readable storage medium storing one or more sets of instructions configured for execution by a computing device having control circuitry and memory, the one or more sets of instructions comprising instructions for: while a user is interacting with a virtual object displayed to the user via a head-wearable device: obtaining tracking information by tracking, via a sensor, a position of an arm of the user; and in conjunction with tracking the position of the arm, obtaining wrist information by detecting, via a neuromuscular-signal sensor, neuromuscular signals indicating respective muscle intensity levels at a movement of a wrist of the arm while the user is continuing to interact with the virtual object; determining, based on one or both of the tracking information and the neuromuscular signals indicating respective muscle intensity levels at the wrist of the arm while the user is continuing to interact with the virtual object, a contact feature characterizing the user's interaction with the virtual object; and in response to determining the contact feature, assigning one or more motion characteristics to the virtual object in accordance with the tracking information and the wrist information, wherein the one or more motion characteristics include an object velocity and an object trajectory.
18. The non-transitory computer-readable storage medium of claim 17, wherein the one or more sets of instructions further include instructions for: conjunction with tracking the position of the arm: determining an angle of release based on the wrist information and a release input from the user and assigning the one or more motion characteristics in accordance with the angle of release.
19. The non-transitory computer-readable storage medium of claim 17, wherein the one or more sets of instructions further include instructions for: in conjunction with tracking the position of the arm: obtaining additional tracking information by tracking a position of the other arm of the user; and obtaining additional wrist information by detecting, via an additional neuromuscular-signal sensor, a movement of a wrist of the other arm, wherein the one or more motion characteristics are based on the additional tracking information and the additional wrist information.
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Olga Aronovich whose telephone number is (571)270-7796. The examiner can normally be reached on Mon-Fri. from 7:30-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, Benjamin C. Lee can be reached on (571) 272-2963. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306. 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).
/OLGA V MERKOULOVA/Primary Examiner, Art Unit 2629 2629
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