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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
FIG. 3 references Universal Game Module with reference numeral 321 while the specification does not have reference numeral 321, refer to paragraphs [0045], [0046], and [0047] which references Universal Game Module with reference numeral 322, a possible solution is to amend the drawing from 321 to 322;
FIG. 6 has reference numeral 610 while the specification does not have reference numeral 610, refer to paragraph [0070] which could have reference numeral 610 added to paragraph [0070] at line 2 after “obtaining an image depicting an object”; and
FIG. 6 has reference numeral 660 while the specification does not have reference numeral 660, refer to paragraph [0070] which has reference numeral 650, a possible solution is to amend the drawing from 660 to 650.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
paragraph [0073] at line 14 has written “volume(s_). for” which needs correction regarding “. for”.
Appropriate correction is required.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claims 1-20 have been interpreted under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) to not invoke 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) claim interpretation.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Each of independent claims 1 and 12 claim “providing, to the mobile device, guidance regarding motion of the mobile device based the bounding volume” in which the claimed “the mobile device based the bounding volume” needs to be amended to better claim the relation between the claimed “the mobile device based” and “the bounding volume” such as by amending to be: the mobile device based on the bounding volume (emphasis added). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Each of independent claims 1 and 12 claim:
“providing, to the mobile device, guidance regarding motion of the mobile device based the bounding volume”;
“receiving movement data describing motion of the mobile device”; and
“determining that at least one scanning variable is out of range based on the movement data”.
These steps are unclear with regard to a relation between the “motion of the mobile device based the bounding volume” and “movement data describing motion of the mobile device” such that the claimed “out of range”, “first feedback mechanism”, and “second feedback mechanism” are each individually and collectively ambiguous either relative to motion of the mobile device based on “the bounding volume” or relative to “movement” of the mobile device.
Dependent claims 2-11 and 13-20 inherit and do not correct this indefinite issue.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Duckworth et al., US Patent No. 10,380,440, describes a method for determining correct scanning distance using Augmented Reality and Machine Learning Models, refer to FIG. 3 and to column 8 lines 5-28 which states:
“The application then performs an object recognition routine. Specifically, the application looks for a vehicle in the video feed that is being captured by the camera of the smart device. The application can determine that only part of the vehicle 301 is displayed in the user interface 110. Hence, the application can display a warning message 320 in the user interface 110.; and
FIG. 4 shows the photo capture page 111 after the smart device is redirected toward the vehicle according to an example embodiment. In this example embodiment, the smart device is moved closer to the vehicle and the user has directed the smart device such that the target ellipse 113 surrounds the visual representation of an intersection point which is under the vehicle. Because all of the vehicle 301 is displayed in the page 111, the application does not display the warning message 320 anymore. Additionally, the reticle 112 includes only two concentric ellipses 114. These two ellipses can indicate to the user that the user is within an optimal scan distance of the vehicle 301. In this example embodiment, the application can automatically take a photo of the vehicle 301 and submit the photo to the model when the smart device is within an optimal scan distance of the vehicle 301.”.
Babinowich et al., US Patent Application Publication No. 2023/0351706, describes real-time feedback depending on the user's adherence or lack of conformance to guided movements is provided to the user with regard to user’s scanning motion, refer to the abstract and paragraphs [0005], [0009], [0046], [0047], [0071], [0108], [0116], and [0142] and claim 1. For an example discussion of the user’s scanning conformation refer to FIG. 2 and paragraph [0071] which states:
[0071] Conformance to the guide is tracked by scanning component 108 during the scanning to determine if a scanning motion by the user is within requirements. This may reduce a cognitive load on the user required to obtain a scan is reduced because the user is following the guide, and/or have other effects. Real-time feedback is provided to the user via the guide depending on a user adherence or lack of conformance to guide movements. As described above in the context of FIG. 2 and/or FIG. 3, this may be accomplished by changing the appearance (e.g., changing a color, a brightness, a pattern, an opacity, etc.) of circular indicator 212 when circular indicator substantially surrounds cartoon 210, changing the appearance (e.g., changing a color, a brightness, a pattern, an opacity, etc.) of tiles 302 as a user scans around the room, etc..
Miller et al., US Patent Application Publication No. 2012/0118957, describes for a scanner providing visual or audible positive and negative feedback, refer to paragraph [0085] which states:
[0085] In operation 509, the state of visual indicators 1164 is updated as function of the host feedback. In the event of success, UFL 1166 changes the pending indication to a successful completion indication (amber light 1162 is extinguished and green light 1163 is lit). In the event of failure (either due to an explicit FAIL from the host, or due to a timeout without ACK), UFL 1166 changes the pending indication to a failure indication (e.g., by extinguishing amber light 1162 and keeping green light 1163 dark, flashing amber light 1162, or by an additional red light indicator, not explicitly shown). Optionally in operation 509, UFL 1166 also sends a command to scan engine 1150 to sound audible indicator 1152 to provide positive or negative audible feedback (e.g., a short pleasant tone for a successful scan, a long discordant buzz for a failed scan). After operation 509, the process conceptually returns to operation 500, corresponding to waiting for a new scan to be user initiated.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to overcome the claim objection.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to teach of suggest in the context of each of independent claims 1 and 12 when modified to more clearly claim relative the motion of the mobile device, the bounding volume, “out of range”, “first feedback mechanism”, and “second feedback mechanism”:
providing, to the mobile device, guidance regarding motion of the mobile device based “on” the bounding volume;
receiving movement data describing motion of the mobile device;
determining that at least one scanning variable is out of range based on the movement data;
providing a first feedback mechanism indicative of a remedial motion; and
responsive to determining that the mobile device performed the remedial motion, providing a second feedback mechanism.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFERY A BRIER whose telephone number is (571)272-7656. The examiner can normally be reached on Mon-Fri from 8:30am-3:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao M Wu, can be reached at telephone number 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEFFERY A. BRIER
Primary Examiner
Art Unit 2613
/JEFFERY A BRIER/Primary Examiner, Art Unit 2613
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