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 .
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 1-2, 4, 6-9, 11, 13-16, 18 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 6-9, 11, 13-16 and 20 of U.S. Patent No. 12,271,560. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are merely obvious variations of the patented claims. Below is a comparison between present claim 1 and patented claim 1.
Present claim 1
Patented claim 1
A system comprising;
an interactive control element disposed within a housing of a device;
a first sensor configured to detect a movement of the housing; and
one or more processors configured to perform a method comprising:
receiving, from the first sensor at a first time, an indication of a movement of the housing;
receiving, at a second time different from the first time, an indication of an identity of a user of the device;
in accordance with a detection that a finger of the user is in proximity of the interactive control element at the first time, and further in accordance with a determination that the first time is within a predetermined threshold of the second time, transmitting a signal to a second device, the signal based on the movement of the housing; and
in accordance with a detection that the finger is not in proximity of the interactive control element at the first time, or in accordance with a determination that the first time is not within the predetermined threshold of the second time, forgoing transmitting the signal to the second device,
wherein the signal is configured to provide input to a user interface display of a wearable head device comprising a second sensor, and wherein the signal is based further on an output of the second sensor.
A system comprising;
an interactive control element disposed within a housing of a device;
a first sensor configured to detect a movement of the housing; and
one or more processors configured to perform a method comprising:
receiving, from the first sensor at a first time, an indication of a movement of the housing; receiving, at a second time different from the first time, an indication of an identity of a user of the device;
in accordance with a detection that a finger of the user is in proximity of the interactive control element at the first time, and further in accordance with a determination that the first time is within a predetermined threshold of the second time, transmitting a signal to a second device, the signal based on the movement of the housing; and
in accordance with a detection that the finger is not in proximity of the interactive control element at the first time, or in accordance with a determination that the first time is not within the predetermined threshold of the second time, forgoing transmitting the signal to the second device,
wherein the signal is configured to control a movement of a mouse element on a user interface display of a wearable head device comprising a second sensor, and wherein the signal is based further on an output of the second sensor.
As can be seen above, the only difference between the claims is that present claim 1 recites “wherein the signal is configured to provide input to a user interface display” and patented claim 1 recites “wherein the signal is configured to control a movement of a mouse element on a user interface display” and thus the patent claim 1 covers providing input to a user interface display. Therefore, the claims are merely obvious variations of each other.
Present claim 2 is rejected similarly over patented claim 2.
Present claim 4 is rejected similarly over patented claim 1.
Present claim 6 is rejected similarly over patented claim 6.
Present claim 7 is rejected similarly over patented claim 7.
Present claim 8 is rejected similarly over patented claim 8.
Present claim 9 is rejected similarly over patented claim 9.
Present claim 11 is rejected similarly over patented claim 8.
Present claim 13 is rejected similarly over patented claim 13.
Present claim 14 is rejected similarly over patented claim 14.
Present claim 15 is rejected similarly over patented claim 15.
Present claim 16 is rejected similarly over patented claim 16.
Present claim 18 is rejected similarly over patented claim 15.
Present claim 20 is rejected similarly over patented claim 20.
Claims 3, 5, 10, 12, 17 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 6-9, 11, 13-16 and 20 of U.S. Patent No. 12,271,560 in view of Mastandrea (US 2013/0027341, cited in IDS dated 04/15/2025).
Regarding claim 3, Patented claim 1 does not disclose the system of claim 1, wherein the input to the user interface display comprises gesture input.
However, Mastandrea discloses a finger mounted user interface device (Figs 1A, 1B, and 1C; [0047], e.g., the finger mouse 100), comprising:
a motion sensor configured to generate a signal based on a movement of a housing (Fig. 1C; [0047], [0078]-[0079], e.g., a motion sensor generates motion data based on a movement of a housing), wherein the signal is configured to provide gesture input to a user interface display of a computing device (Figs 7 and 11; [0047], [0061], [0078]-[0079],[0116], [0119], e.g., by sending a tapping gesture in a message to the computing device, the processed data and function would control actions of a cursor in a video screen of a computer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Mastandrea in the invention as taught by patented claim 1 for providing gesture input to a user interface display in order to control actions of a cursor on a display.
Regarding claim 5, Patented claim 1 does not disclose the system of claim 1, wherein the input to the user interface display comprises input to control a view of content presented via the user interface display.
However, Mastandrea discloses a finger mounted user interface device (Figs 1A, 1B, and 1C; [0047], e.g., the finger mouse 100), comprising:
a motion sensor configured to generate a signal based on a movement of a housing (Fig. 1C; [0047], [0078]-[0079], e.g., a motion sensor generates motion data based on a movement of a housing), wherein the signal is configured to provide input to a user interface display of a computing device, and wherein the input to the user interface display comprises input to control a view of content presented via the user interface display (Fig. 12; [0088]-[0089], e.g., the motion data can be used to control a view of an image displayed on a user interface of a computing device, for example the rotation of an image, the resizing or scaling of an image, trimming of an image, or other image processing features).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Mastandrea in the invention as taught by patented claim 1 for providing input to control a view of an image presented via a user interface display because it would allow a user to provide intuitive control and manipulation of images based upon movements of a housing.
Present claim 10 is rejected based on the same rationale as claim 3.
Present claim 12 is rejected based on the same rationale as claim 5.
Present claim 17 is rejected based on the same rationale as claim 3.
Present claim 19 is rejected based on the same rationale as claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xiang (US 2003/0214481) and Festa (US 2009/0322680) disclose a finger worn input device configured to provide cursor input and gesture input to a user interface display of a computer system.
Jin et al. (US 2017/0212596) discloses a finger-mounted device configured to detect a movement of a housing and provide gesture input to a user interface display of a wearable head device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HONG ZHOU whose telephone number is (571)270-5372. The examiner can normally be reached 9:00-5:00 PM.
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, BENJAMIN C LEE can be reached at 571-272-2963. 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.
/HONG ZHOU/Primary Examiner, Art Unit 2629