CTNF 19/036,596 CTNF 84034 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1, 3-10, 12-17, 19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-4, 6-9, 11-14, 16, 17, and 19 of U.S. Patent No. 12,223,602 . Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims are a variation of the patented claims . Claims 1, 3-10, 12-17, 19, and 20 of the instant application are obvious over parent claims 1-4, 6-9, 11-14, 16, 17, and 19, in that claims 1-4, 6-9, 11-14, 16, 17, and 19 of the parent contains all the limitations of claims 1, 3-10, 12-17, 19, and 20 of the instant application except for receiving, via a user input system, a user drawing. However, the drawing the parent receives is an image. The parent receives, via a user input system, selection of an image from the images captured with a camera system. One of ordinary skill in the art would have recognized that the user input system receives images whether they are user drawings or are from a camera. Both images would be functionally equivalent in the generation of handcrafted AR overlays. Claims 1, 3-10, 12-17, 19, and 20 of the instant application therefore are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting. Instant Application 19/039,596 U.S. Patent 12,223,602 1. An augmented reality (AR) device for creating a handcrafted AR experience, the AR device comprising: a camera system configured to capture images of a scene; 1. An augmented reality (AR) device for creating a handcrafted AR experience, the AR device comprising: a camera system configured to capture images of a scene within a field of view; a display system configured to present AR overlays on a display; a display system configured to present AR overlays on a display, the display having a viewing area corresponding to the camera system field of view; a user input system configured to receive input; and a user input system configured to receive input from a user; and a processor coupled to the camera system, the display system, and the user input system, the processor configured to: a processor coupled to the camera system, the display system, and the user input system, the processor configured to: capture, via the camera system, images of the scene; capture, via the camera system, images of the scene; identify an object receiving surface having corresponding surface coordinates within the scene; identify an object receiving surface and corresponding surface coordinates within the scene; identify, responsive to input received via the user input system, a customizable AR primary object, the customizable AR primary object identified in response to selection of the customizable AR primary object from a plurality of customizable virtual characters using the user input system, the customizable AR primary object including an image receiving area and associated with at least one set of primary object coordinates; identify, responsive to input received via the user input system, a customizable AR primary object, the customizable AR primary object identified in response to selection of the customizable AR primary object by a user from a plurality of customizable virtual characters using the user input system, the customizable AR primary object including an image receiving area and associated with at least one set of primary object coordinates; generate AR overlays including the customizable AR primary object for positioning adjacent the object receiving surface responsive to the primary object coordinates and the surface coordinates within the scene; generate AR overlays including the customizable AR primary object for positioning adjacent the object receiving surface responsive to the primary object coordinates and the surface coordinates within the scene; present, via the display system, the AR overlays; present, via the display system, the AR overlays; receive, via the user input system, customization commands, the customization commands including a predefined media selection customization command for capturing a user drawing; receive, via the user input system, customization commands, the customization commands including a predefined media selection customization command for accessing images captured with the camera system; receive, via the user input system, the user drawing; receive, via the user input system, selection of an image from the images captured with the camera system; generate handcrafted AR overlays including customizations associated with the customizable AR primary object responsive to the customization commands for positioning adjacent the object receiving surface responsive to the primary object coordinates and the surface coordinates within the scene, the customizations including the user drawing added to the image receiving area of the customizable AR primary object; generate handcrafted AR overlays including customizations associated with the customizable AR primary object responsive to the customization commands for positioning adjacent the object receiving surface responsive to the primary object coordinates and the surface coordinates within the scene, the customizations including the selected image from the images captured with the camera system added to the image receiving area of the customizable AR primary object; present, via the display system, the handcrafted AR overlays. present, via the display system, the handcrafted AR overlays; record the handcrafted AR overlays; create a handcrafted AR file including the recorded overlays; and transmit the handcrafted AR file. The above table illustrates a comparative mapping between the limitations of claim 1 of the instant application and the limitations of claim 1 of U.S. Patent 12,223,602. The following is a complete listing of the correspondence between the claims of the instant application to U.S. Patent 12,223,602. Claims of Instant Application 1 3 4 5 6 7 8 9 10 12 13 14 15 16 17 19 20 Claims of U.S. Patent 12,223,602 1 2 3 4 6 7 8 9 11 12 13 14 16 17 19 19, 1, 3 19, 1, 4 08-36 AIA Claim s 2, 11, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,223,602 in view of Murillo et al. (US 2021/0004996 A1). Regarding claims 2, 11, and 18, U.S. Patent 12,223,602 discloses all the limitations of claim 1 except for the AR overlays include a visible outline of the image receiving area. Murillo discloses overlaying outlines in an area usable by an AR system (Paragraph 0060). Murillo’s technique of overlaying outlines in an area usable by an AR system would have been recognized by one of ordinary skill in the art to be applicable to the presentation of handcrafted AR overlays of U.S. Patent 12,223,602 and the results would have been predictable in overlaying outlines in an area usable by an AR system for presenting handcrafted AR overlays. Therefore, the claimed subject matter would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boscolo et al. (US 2022/0101566 A1) discloses overlaying outlines for regions in augmented reality. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHI HOANG whose telephone number is (571)270-3417. The examiner can normally be reached Mon-Fri 8:00-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JASON CHAN can be reached at (571)272-3022. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent- center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHI HOANG/Primary Examiner, Art Unit 2619 Application/Control Number: 19/036,596 Page 2 Art Unit: 2619 Application/Control Number: 19/036,596 Page 3 Art Unit: 2619 Application/Control Number: 19/036,596 Page 4 Art Unit: 2619 Application/Control Number: 19/036,596 Page 5 Art Unit: 2619 Application/Control Number: 19/036,596 Page 6 Art Unit: 2619 Application/Control Number: 19/036,596 Page 7 Art Unit: 2619 Application/Control Number: 19/036,596 Page 8 Art Unit: 2619 Application/Control Number: 19/036,596 Page 9 Art Unit: 2619
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