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 .
Claim Objections
Claims 154 and 159 are objected to because of the following informalities:
For claim 154, Examiner believes this claim should be amended in the following manner:
The non-transitory computer readable medium of claim 141, wherein the operations further include: while the plurality of digital objects are presented in a manner consistent with the first display mode, identifying a change in the usage state of the wearable extended reality appliance from a first usage state corresponding to the first display mode to a second usage state corresponding to the second display mode; and in response to the change in the usage state, automatically revising the presentation of the plurality of digital objects to be consistent with the second display mode.
For claim 159, Examiner believes this claim should be amended in the following manner:
A system for selectively controlling display of digital objects, the system comprising:
at least one processor and memory for storing a program for execution by the at least one processor to:
generate a plurality of digital objects for display in connection with use of a computing device operable in a first display mode and in a second display mode, wherein in the first display mode, the plurality of digital objects are displayed via a physical display connected to the computing device, and in the second display mode, some of the plurality of digital objects are displayed via the physical display and at least one other of the plurality of digital objects is displayed via a wearable extended reality appliance;
determine a usage state of the wearable extended reality appliance;
select a display mode based on the usage state of the wearable extended reality appliance; and
in response to the display mode selection, output for presentation the plurality of digital objects in a manner consistent with the selected display mode.
Appropriate correction is required.
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 141-144, 146, 148-156 and 158-160 is/are rejected under 35 U.S.C. 103 as being unpatentable over Memmott et al. (U.S. Patent Application Publication 2016/0027214, hereinafter “Memmott”) (made of record of the IDS submitted 2/18/2025) in view of Li (U.S. Patent Application Publication 2017/0345457 A1) (made of record of the IDS submitted 2/18/2025).
For claim 141, Memmott discloses non-transitory computer readable medium containing instructions that when executed by at least one processor cause the at least one processor to perform operations for selectively controlling display of digital objects (disclosing memory storing instructions for execution by a processor to cause the processor to perform operations for selectively controlling display of digital objects (Fig. 10; par. 39, 74 and 78)), the operations comprising: generating a plurality of digital objects for display in connection with use of a computing device operable in a first display mode and in a second display mode, wherein in the first display mode, the plurality of digital objects are displayed via a physical display connected to the computing device, and in the second display mode, some of the plurality of digital objects are displayed via the physical display, and at least one other of the plurality of digital objects is displayed via a wearable extended reality appliance (disclosing generation of digital objects for display in connection with use of a computer 205 operable in a first display mode and second display mode (Figs. 2 and 9-10; par. 38-39); disclosing the first display mode where the digital objects are displayed on a desktop 310 of monitor 210 as a physical display connected to the computer (Figs. 2 and 9; par. 38); disclosing a second display mode where some of the digital objects are displayed on the desktop of the monitor and at least one other of the digital objects is displayed by a head mounted display (HMD) device 104 to present augmented reality as a wearable extended reality appliance (Figs. 2 and 10; par. 28 and 39)); and in response to display mode selection, outputting for presentation the plurality of digital objects in a manner consistent with the selected display mode (disclosing user input for causing selection between the first display mode and second display mode such that the digital objects are output for display in a manner consistent with the selected display mode (Figs. 9-10; par. 38-39)).
Memmott does not specifically disclose determining a usage state of a wearable extended reality appliance and selecting a display mode based on the usage state of the wearable extended reality appliance.
However, these limitations are well-known in the art as disclosed in Li.
Li similarly discloses a system and method for presenting virtual reality with virtual reality glasses as a wearable extended reality appliance (par. 2 and 6). Li explains its system determines a wearing state as a usage state of the virtual reality glasses to select a display mode between a traditional mode and a virtual mode for a video playing device connected to the virtual reality glasses (par. 35-40). It follows Memmott may be accordingly modified with the teachings of Li to determine a usage state of its wearable extended reality appliance and select a display mode based on the usage state of its wearable extended reality appliance.
A person having ordinary skill in the art (PHOSITA) before the effective filing date of the claimed invention would find it obvious to modify Memmott with the teachings of Li. Li is analogous art in dealing with a system and method for presenting virtual reality with virtual reality glasses as a wearable extended reality appliance (par. 2 and 6). Li discloses its determination of a wearing state is advantageous in determining a display mode for a connected computing device to appropriately present virtual objects in connection with the computing device (par. 35-40). Consequently, a PHOSITA would incorporate the teachings of Li into Memmott for determining a display mode for a connected computing device to appropriately present virtual objects in connection with the computing device. Therefore, claim 141 is rendered obvious to a PHOSITA before the effective filing date of the claimed invention.
For claim 142, depending on claim 141, Memmott as modified by Li discloses wherein the usage state of the wearable extended reality appliance is determined based on data indicating when the wearable extended reality appliance is active (Li similarly discloses a system and method for presenting virtual reality with virtual reality glasses as a wearable extended reality appliance (par. 2 and 6); Li explains its system determines a wearing state as a usage state of the virtual reality glasses to select a display mode between a traditional mode and a virtual mode for a video playing device connected to the virtual reality glasses (par. 35-40); Li discloses establishing a wired or wireless connection between the virtual reality glasses and the video playing device to establish data indicating the virtual reality glasses is active to determine the wearing state is active (par. 35); and it follows Memmott may be accordingly modified with the teachings of Li to determine a usage state of its wearable extended reality appliance and select a display mode based on the usage state of its wearable extended reality appliance).
For claim 143, depending on claim 141, Memmott as modified by Li discloses wherein the usage state of the wearable extended reality appliance is determined based on data indicating when the wearable extended reality appliance is physically connected through a wire to a port of the computing device (Memmott explains it is known for a computing device to include ports for connecting output devices including the HMD device (Fig. 2; par. 75); Li similarly discloses a system and method for presenting virtual reality with virtual reality glasses as a wearable extended reality appliance (par. 2 and 6); Li explains its system determines a wearing state as a usage state of the virtual reality glasses to select a display mode between a traditional mode and a virtual mode for a video playing device connected to the virtual reality glasses (par. 35-40); Li discloses establishing a wired connection between the virtual reality glasses and the video playing device to establish data indicating the virtual reality glasses is active to determine the wearing state is active (par. 35); and it follows Memmott may be accordingly modified with the teachings of Li to determine a usage state of its wearable extended reality appliance and select a display mode based on the usage state of its wearable extended reality appliance where its wearable extended reality appliance is physically connected through a wire to a port of its computing device).
For claim 144, depending on claim 141, Memmott as modified by Li discloses wherein the usage state of the wearable extended reality appliance is determined based on input from a sensor indicating when the wearable extended reality appliance is worn (Li similarly discloses a system and method for presenting virtual reality with virtual reality glasses as a wearable extended reality appliance (par. 2 and 6); Li explains its system determines a wearing state as a usage state of the virtual reality glasses to select a display mode between a traditional mode and a virtual mode for a video playing device connected to the virtual reality glasses (par. 35-40); Li discloses input from a proximity sensor to indicate when the virtual reality glasses is worn (par. 40); and it follows Memmott may be accordingly modified with the teachings of Li to determine a usage state of its wearable extended reality appliance and select a display mode based on the usage state of its wearable extended reality appliance).
For claim 146, depending on claim 141, Memmott as modified by Li discloses wherein the usage state of the wearable extended reality appliance is determined based on data indicating when a communication channel is established between the computing device and the wearable extended reality appliance (Li similarly discloses a system and method for presenting virtual reality with virtual reality glasses as a wearable extended reality appliance (par. 2 and 6); Li explains its system determines a wearing state as a usage state of the virtual reality glasses to select a display mode between a traditional mode and a virtual mode for a video playing device connected to the virtual reality glasses (par. 35-40); Li discloses establishing a wireless connection between the virtual reality glasses and the video playing device to establish data indicating the virtual reality glasses is in communication with the video playing device (par. 35); and it follows Memmott may be accordingly modified with the teachings of Li to determine a usage state of its wearable extended reality appliance and select a display mode based on the usage state of its wearable extended reality appliance).
For claim 148, depending on claim 141, Memmott as modified by Li discloses wherein the second display mode further comprising displaying via the wearable extended reality appliance at least one additional digital object being excluded from display via the physical display in the first display mode (Memmott discloses the second display mode includes displaying via the HMD device additional windows as additional digital objects associated with object 305 that are excluded from display by the monitor in the first display mode (see Fig. 10)).
For claim 149, depending on claim 141, Memmott as modified by Li discloses wherein the at least one other of the plurality of digital objects has a first visual appearance when presented by the physical display in the first display mode and has a second visual appearance when presented by the wearable extended reality appliance in the second display mode (Memmott discloses the at least one other of the plurality of digital objects as object 305 has a first visual appearance as a single window when presented by the monitor in the first display mode and has a second visual appearance of multiple windows when presented by the virtual reality glasses in the second display mode (see Fig. 10)).
For claim 150, depending on claim 141, Memmott as modified by Li discloses wherein the operations further include determining to display, in the second display mode, the at least one other of the plurality of digital objects via the wearable extended reality appliance based on at least one of user input and past user actions (Memmott discloses determining to display in the second display mode the at least one other of the plurality of digital objects as object 305 for the HMD device based on user input for dragging object 305 with a mouse (Fig. 10; par. 39)).
For claim 151, depending on claim 141, Memmott as modified by Li discloses wherein the operations further include determining to display, in the second display mode, the at least one other of the plurality of digital objects via the wearable extended reality appliance based on a type of input device connected to the computing device (Memmott discloses determining to display in the second display mode the at least one other of the plurality of digital objects as object 305 for the HMD device based on user input for dragging object 305 with a mouse as an input device connected to the computing device (Figs. 2 and 10; par. 39)).
For claim 152, depending on claim 141, Memmott as modified by Li discloses wherein when the selected display mode is the second display mode, outputting for presentation the plurality of digital objects includes causing the at least one other of the plurality of digital objects to be displayed via the wearable extended reality appliance while the some of the plurality of digital objects are concurrently displayed via the physical display (Memmott discloses, in the second display mode, the at least one other of the plurality of digital objects as object 305 is displayed by the HMD device while some of the plurality of digital objects are concurrently displayed by the monitor (see Fig. 10)).
For claim 153, depending on claim 141, Memmott as modified by Li discloses wherein when the selected display mode is the second display mode, outputting for presentation the plurality of digital objects includes presenting at least one digital object concurrently via the wearable extended reality appliance and via the physical display (Memmott discloses, in the second display mode, at least one digital object is presented concurrently via the HMD device and via the monitor (see Fig. 10)).
For claim 154, depending on claim 141, Memmott as modified by Li discloses wherein the operations further include: while the plurality of digital objects are presented in a manner consistent with the first display mode, identifying a change in the usage state of the wearable extended reality appliance from a first usage state corresponding to the first display mode to a second usage state corresponding to the second display mode; and in response to the change in the usage state, automatically revising the presentation of the plurality of digital object to be consistent with the second display mode (Li similarly discloses a system and method for presenting virtual reality with virtual reality glasses as a wearable extended reality appliance (par. 2 and 6); Li explains its system determines a wearing state as a usage state of the virtual reality glasses to select a display mode between a traditional mode and a virtual mode for a video playing device connected to the virtual reality glasses (par. 35-40); Li discloses identifying a change in the wearing state of the virtual reality glasses from a not-worn state corresponding with a traditional mode to a worn state corresponding with a virtual mode such that the video playing device automatically revises the presentation of video content to be consistent with the virtual mode (par. 42); and it follows Memmott may be accordingly modified with the teachings of Li to determine a usage state of its wearable extended reality appliance, select a display mode based on the usage state of its wearable extended reality appliance, identify a change in the usage state of its wearable extended reality appliance from a first usage state corresponding to its first display mode to a second usage state corresponding to its second display mode, and in response to the change in the usage state, automatically revising the presentation of its plurality of digital objects to be consistent with its second display mode).
For claim 155, depending on claim 154, Memmott as modified by Li discloses
wherein automatically revising the presentation of the plurality of digital objects includes causing a first digital object from the plurality of digital objects to disappear from the physical display, causing the first digital object to be presented via the wearable extended reality appliance, and causing an additional digital object excluded from the plurality of digital objects to be presented via the wearable extended reality appliance (Memmott discloses, in the second display mode, a first digital object from the digital objects disappears from the monitor, causes the first digital object to be presented by the HMD device and causes an additional digit object excluded from the digital objects to be presented by the HMD device (see Fig. 10); Li similarly discloses a system and method for presenting virtual reality with virtual reality glasses as a wearable extended reality appliance (par. 2 and 6); Li explains its system determines a wearing state as a usage state of the virtual reality glasses to select a display mode between a traditional mode and a virtual mode for a video playing device connected to the virtual reality glasses (par. 35-40); Li discloses identifying a change in the wearing state of the virtual reality glasses from a not-worn state corresponding with a traditional mode to a worn state corresponding with a virtual mode such that the video playing device automatically revises the presentation of video content to be consistent with the virtual mode (par. 42); and it follows Memmott may be accordingly modified with the teachings of Li to determine a usage state of its wearable extended reality appliance, select a display mode based on the usage state of its wearable extended reality appliance, identify a change in the usage state of its wearable extended reality appliance from a first usage state corresponding to its first display mode to a second usage state corresponding to its second display mode, and in response to the change in the usage state, automatically revising the presentation of its plurality of digital objects to be consistent with its second display mode).
For claim 156, depending on claim 141, Memmott as modified by Li discloses wherein the operations further include: while the plurality of digital objects are presented in a manner consistent with the second display mode, identifying a change in the usage state of the wearable extended reality appliance; in response to the identified change in the usage state, updating the display mode selection from the second display mode to the first display mode; and in response to the updated display mode selection, automatically revising the presentation of the plurality of digital objects to be consistent with the first display mode (Li similarly discloses a system and method for presenting virtual reality with virtual reality glasses as a wearable extended reality appliance (par. 2 and 6); Li explains its system determines a wearing state as a usage state of the virtual reality glasses to select a display mode between a traditional mode and a virtual mode for a video playing device connected to the virtual reality glasses (par. 35-40); Li discloses identifying a change in the wearing state of the virtual reality glasses and, in response to the change in the wearing state, updating the display mode selection from the virtual mode to a traditional mode to automatically revise the presentation of video content to be consistent with the traditional mode (par. 48); and it follows Memmott may be accordingly modified with the teachings of Li to determine a usage state of its wearable extended reality appliance, select a display mode based on the usage state of its wearable extended reality appliance, identify a change in the usage state of its wearable extended reality appliance, updating the display mode selection from its second display mode to its first display mode, and, in response to the updated display mode selection, automatically revising the presentation of its plurality of digital objects to be consistent with its first display mode).
For claim 158, depending on claim 141, Memmott as modified by Li discloses wherein in the first display mode, a location of a particular digital object of the at least one other of the plurality of digital objects is independent of a location of a particular physical object, while in the second display mode, the location of the particular digital object depends on the location of the particular physical object (Memmott discloses, in the first display mode, a location of a particular digital object of the at least one other of the digital objects as object 305 is displayed on the monitor and independent of a location of a particular physical object (see Fig. 9); Memmott discloses, in the second display mode, a user drags the object 305 so that the location of object 305 may depend on the location of the particular physical object in the mixed reality environment (See Fig. 10; par. 35, 39 and 41)).
For claim 159, Memmott as modified by Li discloses a system, the system comprising: at least one processor (Memmott discloses a system including a processor to perform the functions of the system (par. 74)) programmed to perform the functions corresponding to the operations performed by the non-transitory computer readable medium of claim 141 (see above as to claim 141).
For claim 160, Memmott as modified by Li discloses a method (Memmott discloses a method (par. 78)) comprising steps corresponding to the operations performed by the non-transitory computer readable medium of claim 141 (see above as to claim 141).
Claim(s) 145 is/are rejected under 35 U.S.C. 103 as being unpatentable over Memmott in view of Li further in view of Faulkner et al. (U.S. Patent Application Publication 2021/0096726 A1, hereinafter “Faulkner”) (made of record of the IDS submitted 2/18/2025).
For claim 145, depending on claim 141, Memmott as modified by Li does not disclose a usage state of a wearable extended reality appliance is determined based on image data captured using an image sensor.
However, these limitations are well-known in the art as disclosed in Faulkner.
Faulkner similarly discloses a system and method for presenting mixed reality with a head-mounted device (HMD) as a wearable extended reality appliance (par. 2 and par. 42). Faulkner explains its system implements a camera as an image sensor for capturing image data to determine a wearing state as a usage state of the HMD (par. 271). It follows Memmott and Li may be accordingly modified with the teachings of Faulkner to implement an image sensor for capturing image data to determine its usage state of its wearable extended reality appliance.
A PHOSITA before the effective filing date of the claimed invention would find it obvious to modify Memmott and Li with the teachings of Faulkner. Faulkner is analogous art in dealing with a system and method for presenting mixed reality with a head-mounted device (HMD) as a wearable extended reality appliance (par. 2 and par. 42). Faulkner discloses its use of a camera is advantageous in determining a wearing state of a wearable extended reality appliance to appropriately present mixed reality on the wearable extended reality appliance (par. 271). Consequently, a PHOSITA would incorporate the teachings of Faulkner into Memmott and Li for determining a wearing state of a wearable extended reality appliance to appropriately present mixed reality on the wearable extended reality appliance. Therefore, claim 145 is rendered obvious to a PHOSITA before the effective filing date of the claimed invention.
Claim(s) 147 is/are rejected under 35 U.S.C. 103 as being unpatentable over Memmott in view of Li further in view of Beaty (U.S. Patent Application Publication 2015/0277560 A1) (made of record of the IDS submitted 2/18/2025).
For claim 147, depending on claim 141, Memmott as modified by Li does not disclose wherein a usage state of a wearable appliance is determined based on data indicative of a battery status of the wearable appliance.
However, these limitations are well-known in the art as disclosed in Beaty.
Beaty similarly discloses a system and method for presenting content to a user by a head-mounted display as a wearable appliance (par. 6-7). Beaty explains its system determines a usage state of the head-mounted display based on data indicative of battery usage status of the head-mounted display (par. 76). It follows Memmott and Li may be accordingly modified with the teachings of Beaty to determine its usage state of its wearable extended reality appliance based on data indicative of a battery status of its wearable extended reality appliance.
A PHOSITA before the effective filing date of the claimed invention would find it obvious to modify Memmott and Li with the teachings of Beaty. Beaty is analogous art in dealing with a system and method for presenting content to a user by a head-mounted display as a wearable appliance (par. 6-7). Beaty discloses its determination of battery usage status is advantageous in determining a wearing state of a wearable appliance to appropriately control a power mode of the wearable appliance (par. 76). Consequently, a PHOSITA would incorporate the teachings of Beaty into Memmott and Li for determining a wearing state of a wearable appliance to appropriately control a power mode of the wearable appliance. Therefore, claim 147 is rendered obvious to a PHOSITA before the effective filing date of the claimed invention.
Allowable Subject Matter
Claim 157 is 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES TSENG whose telephone number is (571)270-3857. The examiner can normally be reached 8-5.
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/CHARLES TSENG/ Primary Examiner, Art Unit 2613
