DETAILED ACTION
Double Patenting
1. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21-40 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1, 2, 4, 6, 8-11, 15, 16 and 18-20 of U.S. Patent No. 12,245,018. When claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761.
Limitations of the present invention and corresponding U.S. Patent No. 12,245,018 are listed in the following table.
Instant Application: 19/064,802
U.S. Patent No. 12,245,0
21. A method that improves a telephone call between a first user wearing a first wearable electronic device (WED) on a head, a second user wearing a second WED on a head, and a person, the method comprising: displaying, during the telephone call and in a physical environment with the first WED worn on the head of the first user, a virtual image of the person; and displaying, in the physical environment with the second WED worn on the head of the second user, the virtual image of the person with a voice of the person in binaural sound that externally localizes to the second user at a location in the physical environment so the first user and the second user see the virtual image of the person and hear the voice of the person in the binaural sound from a common location in the physical environment during the telephone call between the first user, the second user, and the person.
1. A method that improves a telephone call between a first user, a second user, and a person, the method comprising: scanning, with a first wearable electronic device (WED) worn on a head of the first user, a physical environment where the first user and the second user are located to generate a three-dimensional (3D) image of the physical environment; displaying, in the physical environment with the first WED, a virtual image of the person with a voice of the person in binaural sound that externally localizes to the first user at a location in the physical environment where the first user sees the virtual image of the person; improving the telephone call by sharing, with a second WED worn on a head of the second user located in the physical environment with the first user, a location from the scanning of the physical environment where the first user sees the virtual image of the person; and displaying, in the physical environment with the second WED worn on the head of the second user, the virtual image of the person with the voice of the person in the binaural sound that externally localizes to the second user at the location in the physical environment so the first user and the second user see the virtual image of the person and hear the voice of the person in the binaural sound from a common location in the physical environment during the telephone call between the first user, the second user, and the person.
22. The method of claim 21 further comprising: sharing, during the telephone call and with the second WED worn on the head of the second user, the location in the physical environment where the first user sees the virtual image of the person.
2. The method of claim 1 further comprising: wirelessly transmitting, from the first WED to the second WED during the telephone call, the location as a coordinate location of a physical object in the physical environment where the first user sees the virtual image of the person without transmitting head-related transfer functions (HRTFs) from the first WED to the second WED.
23. The method of claim 21 further comprising: wirelessly transmitting, from the first WED to the second WED during the telephone call, the location as a coordinate location in the physical environment where the first user sees the virtual image of the person.
2. The method of claim 1 further comprising: wirelessly transmitting, from the first WED to the second WED during the telephone call, the location as a coordinate location of a physical object in the physical environment where the first user sees the virtual image of the person without transmitting head-related transfer functions (HRTFs) from the first WED to the second WED.
24. The method of claim 21 further comprising: scanning, with the first WED, the physical environment to determine a location of a physical object where the first WED displays the virtual image of the person; and sharing, during the telephone call and with the second WED worn on the head of the second user, the location of the physical object where the first WED displays the virtual image of the person.
1. A method that improves a telephone call between a first user, a second user, and a person, the method comprising: scanning, with a first wearable electronic device (WED) worn on a head of the first user, a physical environment where the first user and the second user are located to generate a three-dimensional (3D) image of the physical environment; displaying, in the physical environment with the first WED, a virtual image of the person with a voice of the person in binaural sound that externally localizes to the first user at a location in the physical environment where the first user sees the virtual image of the person; improving the telephone call by sharing, with a second WED worn on a head of the second user located in the physical environment with the first user, a location from the scanning of the physical environment where the first user sees the virtual image of the person; and displaying, in the physical environment with the second WED worn on the head of the second user, the virtual image of the person with the voice of the person in the binaural sound that externally localizes to the second user at the location in the physical environment so the first user and the second user see the virtual image of the person and hear the voice of the person in the binaural sound from a common location in the physical environment during the telephone call between the first user, the second user, and the person.
25. The method of claim 21 further comprising: scanning, with the first WED, the physical environment to build a three-dimensional (3D) model of the physical environment; determining, from the 3D model, a coordinate location in the physical environment where the virtual image of the person exists for the first user; and transmitting the coordinate location from the first WED to the second WED.
1. A method that improves a telephone call between a first user, a second user, and a person, the method comprising: scanning, with a first wearable electronic device (WED) worn on a head of the first user, a physical environment where the first user and the second user are located to generate a three-dimensional (3D) image of the physical environment; displaying, in the physical environment with the first WED, a virtual image of the person with a voice of the person in binaural sound that externally localizes to the first user at a location in the physical environment where the first user sees the virtual image of the person; improving the telephone call by sharing, with a second WED worn on a head of the second user located in the physical environment with the first user, a location from the scanning of the physical environment where the first user sees the virtual image of the person; and displaying, in the physical environment with the second WED worn on the head of the second user, the virtual image of the person with the voice of the person in the binaural sound that externally localizes to the second user at the location in the physical environment so the first user and the second user see the virtual image of the person and hear the voice of the person in the binaural sound from a common location in the physical environment during the telephone call between the first user, the second user, and the person.
26. The method of claim 21 further comprising: receiving, at the first WED and from the second WED, a request to join the telephone call; and wirelessly transmitting, from the first WED and to the second WED, the location where the first user sees the virtual image of the person during the telephone call in response to the first WED receiving the request to join the telephone call from the second WED.
6. The method of claim 1 further comprising: wirelessly transmitting, from the first WED and to the second WED, the location where the first user sees the virtual image of the person during the telephone call in response to the first WED receiving a request to join the telephone call from the second WED.
27. The method of claim 21 further comprising: determining, from head-related transfer functions (HRTFs), a coordinate location in the physical environment where the voice of the person externally localizes in the binaural sound to the first user; and transmitting the coordinate location from the first WED to the second WED to the first user and the second user hear the voice from the common location.
2. The method of claim 1 further comprising: wirelessly transmitting, from the first WED to the second WED during the telephone call, the location as a coordinate location of a physical object in the physical environment where the first user sees the virtual image of the person without transmitting head-related transfer functions (HRTFs) from the first WED to the second WED.
28. A method that improves a communication between a first user wearing a first wearable electronic device (WED) on a head, a second user wearing a second WED on a head, and a person, the method comprising: displaying, during the communication and with the first WED, a virtual image of the person with a voice in binaural sound that externally localizes to a location in a physical environment where the first WED displays the virtual image of the person; sharing, with the second WED, the location in the physical environment where the first WED displays the virtual image of the person; and displaying, during the communication and with the second WED worn on the head of the second user, the virtual image of the person with the voice in the binaural sound that externally localizes to the location in the physical environment where both the first WED displays the virtual image of the person and the second WED displays the virtual image of the person during the communication.
8. A method that improves a communication between a first user, a second user, and a person, the method comprising: scanning, with a first wearable electronic device (WED) worn on a head of the first user, a physical environment to generate a three-dimensional (3D) image of the physical environment; displaying, with the first WED, a virtual image of the person with a voice in binaural sound that externally localizes to a location in a physical environment where the first WED displays the virtual image of the person; improving the communication by sharing, with a second WED worn on a head of the second user and from data obtained from the scanning, the location in the physical environment where the first WED displays the virtual image of the person; and displaying, with the second WED worn on the head of the second user, the virtual image of the person with the voice in the binaural sound that externally localizes to the location in the physical environment where both the first WED displays the virtual image of the person and the second WED displays the virtual image of the person during the communication.
1. A method that improves a telephone call between a first user, a second user, and a person, the method comprising: scanning, with a first wearable electronic device (WED) worn on a head of the first user, a physical environment where the first user and the second user are located to generate a three-dimensional (3D) image of the physical environment; displaying, in the physical environment with the first WED, a virtual image of the person with a voice of the person in binaural sound that externally localizes to the first user at a location in the physical environment where the first user sees the virtual image of the person; improving the telephone call by sharing, with a second WED worn on a head of the second user located in the physical environment with the first user, a location from the scanning of the physical environment where the first user sees the virtual image of the person; and displaying, in the physical environment with the second WED worn on the head of the second user, the virtual image of the person with the voice of the person in the binaural sound that externally localizes to the second user at the location in the physical environment so the first user and the second user see the virtual image of the person and hear the voice of the person in the binaural sound from a common location in the physical environment during the telephone call between the first user, the second user, and the person.
29. The method of claim 28 further comprising: verifying that the voice in the binaural sound of the person localizes to a common location in the physical environment where both the first user and the second user see the virtual image of the person during the communication.
9. The method of claim 8 further comprising: verifying that the binaural sound of the voice of the person localizes to the location in the physical environment where both the first user and the second user see the virtual image of the person during the communication.
30. The method of claim 28, wherein the sharing includes transmitting, to the second WED, a coordinate location of a physical object in the physical environment where the first WED displays the virtual image of the person during the communication.
10. The method of claim 8, wherein the sharing includes transmitting to the second WED a location, from the scanning, of a physical object in the physical environment where the first WED displays the virtual image of the person during the communication.
31. The method of claim 28 further comprising: verifying that the first WED and the second WED display the virtual image of the person at the location in the physical environment by comparing coordinates where the first WED displays the virtual image of the person with coordinates where the second WED displays the virtual image of the person.
11. The method of claim 8 further comprising: verifying that the first WED and the second WED display the virtual image of the person at the location in the physical environment by comparing coordinates where the first WED displays the virtual image of the person with coordinates where the second WED displays the virtual image of the person.
32. The method of claim 28 further comprising: transmitting, from the second WED to the first WED, a request to join the communication between the first user and the person; and transmitting, from the first WED to the second WED and in response to receiving the request, a coordinate location in the physical environment where the first WED displays the virtual image of the person.
4. The method of claim 1 further comprising: transmitting, by the second WED and to the first WED, a request to join the telephone call; and receiving, by the second WED, the location in the physical environment in response to transmitting the request to join the telephone call.
33. The method of claim 28 further comprising: building a three-dimensional (3D) model of the physical environment from a scan of the physical environment with the first WED; determining, from the 3D model, a coordinate location where the first WED displays an augmented reality (AR) image of the person; and wirelessly transmitting, during the communication from the first WED and to the second WED, the coordinate location where the first WED displays an augmented reality (AR) image of the person.
8. A method that improves a communication between a first user, a second user, and a person, the method comprising: scanning, with a first wearable electronic device (WED) worn on a head of the first user, a physical environment to generate a three-dimensional (3D) image of the physical environment; displaying, with the first WED, a virtual image of the person with a voice in binaural sound that externally localizes to a location in a physical environment where the first WED displays the virtual image of the person; improving the communication by sharing, with a second WED worn on a head of the second user and from data obtained from the scanning, the location in the physical environment where the first WED displays the virtual image of the person; and displaying, with the second WED worn on the head of the second user, the virtual image of the person with the voice in the binaural sound that externally localizes to the location in the physical environment where both the first WED displays the virtual image of the person and the second WED displays the virtual image of the person during the communication.
10. The method of claim 8, wherein the sharing includes transmitting to the second WED a location, from the scanning, of a physical object in the physical environment where the first WED displays the virtual image of the person during the communication.
34. The method of claim 28 further comprising: scanning, with one or more of a camera and a sensor in the first WED, the physical environment; determining, from the scanning, a same location where the first WED and the second WED display the virtual image of the person; and verifying the first WED and the second WED display the virtual image of the person during the communication at the same location.
8. A method that improves a communication between a first user, a second user, and a person, the method comprising: scanning, with a first wearable electronic device (WED) worn on a head of the first user, a physical environment to generate a three-dimensional (3D) image of the physical environment; displaying, with the first WED, a virtual image of the person with a voice in binaural sound that externally localizes to a location in a physical environment where the first WED displays the virtual image of the person; improving the communication by sharing, with a second WED worn on a head of the second user and from data obtained from the scanning, the location in the physical environment where the first WED displays the virtual image of the person; and displaying, with the second WED worn on the head of the second user, the virtual image of the person with the voice in the binaural sound that externally localizes to the location in the physical environment where both the first WED displays the virtual image of the person and the second WED displays the virtual image of the person during the communication.
11. The method of claim 8 further comprising: verifying that the first WED and the second WED display the virtual image of the person at the location in the physical environment by comparing coordinates where the first WED displays the virtual image of the person with coordinates where the second WED displays the virtual image of the person.
35. An electronic system that improves a communication between a first user, a second user, and a person, the electronic system comprising: a first wearable electronic device (WED) with a first display that displays, during the communication, an augmented reality (AR) image of the person at a location in the physical environment where the first and the second users are located; and a second WED with a second display that displays, during the communication, the AR image of the person at the location in the physical environment, wherein the electronic system improves the communication by sharing, with the second WED, the location in the physical environment so the AR image of the person and a voice of the person in binaural sound originate from a common location in the physical environment to both the first user and the second user during the communication between the first user, the second user, and the person.
15. An electronic system that improves a communication between a first user, a second user, and a person, the electronic system comprising: a first wearable electronic device (WED) worn on a head of the first user and includes one or more cameras or sensors that scan a physical environment of the first user to generate a three-dimensional (3D) image of the physical environment, a first display that displays, during the communication, an augmented reality (AR) image of the person at a location in the physical environment where the first and the second users are located; and a second WED worn on a head of the second user and includes a second display that displays, during the communication, the AR image of the person at the location in the physical environment, wherein the electronic system improves the communication by sharing, with the second WED and from the scan of the physical environment, the location in the physical environment so the AR image of the person and a voice of the person in binaural sound originate from a common location in the physical environment to both the first user and the second user during the communication between the first user, the second user, and the person.
36. The electronic system of claim 35 further comprising: a transmitter in the second WED that transmits a request to the first WED to join the communication; and a receiver in the second WED that receives, in response to transmitting the request, the location in the physical environment where the first WED displays the AR image of the person.
16. The electronic system of claim 15 further comprising: a transmitter in the second WED that transmits a request to the first WED to join the communication; and a receiver in the second WED that receives, in response to transmitting the request, the location where the first WED displays the AR image of the person.
37. The electronic system of claim 35 further comprising: a receiver in the second WED that receives, from the first WED, a coordinate location in the physical environment where the first WED displays the AR image of the person.
16. The electronic system of claim 15 further comprising: a transmitter in the second WED that transmits a request to the first WED to join the communication; and a receiver in the second WED that receives, in response to transmitting the request, the location where the first WED displays the AR image of the person.
38. The electronic system of claim 35 further comprising: a transmitter in the second WED that wirelessly transmits, to the first WED, a request to join the communication; and a receiver in the second WED that receives, from the first WED, a location on a physical object in the physical environment where the first WED displays the AR image of the person.
18. The electronic system of claim 15 further comprising: a transmitter in the second WED that wirelessly transmits, to the first WED, a request to join the communication; and a receiver in the second WED that receives, in response to wirelessly transmitting the request to the first WED, a location on a physical object in the physical environment obtained from the scan where the AR image of the person is displayed.
39. The electronic system of claim 35, wherein the electronic system synchronizes the first and second WEDs so the binaural sound continues to externally localize to the first and second users to the common location during the communication that is a telephone call.
19. The electronic system of claim 15, wherein the electronic system synchronizes the first and second WEDs so the binaural sound continues to externally localize to the first and second users to the common location during the communication that is a telephone call.
40. The electronic system of claim 35, wherein the electronic system verifies the first and second WEDs display the AR image of the person at the common location during the communication.
20. The electronic system of claim 15, wherein the electronic system verifies the first and second WEDs display the AR image of the person at the common location during the communication.
Claim Rejections - 35 USC § 103
2. 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.
3. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Norris et al, U.S. Patent Application Publication No. 2015/0373477 (hereinafter Norris) in view of Lyren, U.S. Patent Application Publication No. 2016/0240009 (hereinafter Lyren).
Regarding claim 21, Norris discloses a method that improves a telephone call between a first user (from Figure 23, see First user), a second user (from Figure 23, see Second user) and a person (from Figure 23, see Fourth user and/or Fifth user), the method comprising:
providing a voice of the person in binaural sound that externally localizes to the second user at a location in the physical environment so the first user and the second user hear the voice of the person in the binaural sound from a common location in the physical environment during the telephone call between the first user, the second user, and the person (from paragraph 0263, see During the conference call, the first user 2360, the second user 2362, and the third user 2364 each localize a voice of the fourth user 2366 at the sound localization point 2380. Further, each of the first, second, and third users localize a voice of the fifth user 2368 at the sound localization point 2390. Adjustments are made to the sound for each of these users since they are located at different locations around the table with respect to the sound localization points. These adjustments include, but are not limited to, calculations for and changes to ITDs, ILDs, HRTFs, attenuation, reverberations, and other aspects of sound discussed herein. Further, these adjustments can occur based on movements to head orientation and location for each user. For instance, sound that the first user 2360 hears from the fourth user 2366 and the fifth user 2368 changes as the first user rotates his head toward the fifth user 2368 since this rotation changes a head orientation of the first user with respect to the sound localization point 2380 of the fourth user 2366 and the sound localization point 2390 of the fifth user 2368).
Although Norris discloses a listener wearing electronic device (see paragraph 0235), Norris does not clearly teach the first user (from Figure 23, see First user) wearing a first wearable electronic device (WED) and the second user (from Figure 23, see Second user) wearing a second WED on a head, the method comprising: displaying, during the telephone call and in a physical environment with the first WED worn on the head of the first user, a virtual image of the person; and displaying, in the physical environment with the second WED worn on the head of the second user, the virtual image of the person so the first user and the second user see the virtual image of the person. All the same, Lyren discloses the first user wearing a first wearable electronic device, the method displaying, during the telephone call and in a physical environment with the first WED worn on the head of the first user, a virtual image of the person (from paragraph 0053, see Consider an example in which a first person sits on a first chair in a room with a second chair located directly in front of the first person and first chair. The second chair is empty. The first person wears electronic glasses and initiates with these electronic glasses a phone call to a handheld portable electronic device (HPED) of a second person located in a different country. When the phone call commences, the electronic glasses retrieve a 3D image of the second person and display this 3D image on a display of the electronic glasses. From the point of view of the first person, this 3D image appears to sitting in the second chair that is located in front of the first person. Other individuals (such as people around or near the first person) can see the second chair but cannot see the 3D image since this image appears on or thru the display of the electronic glasses worn by the first person. The 3D images has a size of man that weighs 170 pounds and is six feet tall since the second person weights 170 pounds and is six feet tall. A face of the 3D image emulates or copies a real face of the second person, and this face of the 3D image is directed toward the first person during the phone call such that the second person appears to be sitting on the chair and talking to the first person). Therefore, it would have been obvious to one of ordinary skill in the art to modify Norris wherein the first user wearing a first wearable electronic device, the method displaying, during the telephone call and in a physical environment with the first WED worn on the head of the first user, a virtual image of the person as taught by Lyren (the combination shows that the second user of Norris wearing a second WED of Lyren and displaying, in the physical environment of Norris with the second WED worn on the head of the second user, the virtual image of the person so the first user and second user of Norris see the virtual image of Lyren). This modification would have improved the user experience by assisting parties in communicating with each other as suggested by Lyren.
Allowable Subject Matter
4. Claims 26-40 are allowed while claims 22-27 are 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
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLISA ANWAH whose telephone number is 571-272-7533. The examiner can normally be reached Monday to Friday from 8.30 AM to 6 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600.
Olisa Anwah
Patent Examiner
August 14, 2026
/OLISA ANWAH/Primary Examiner, Art Unit 2692
Prosecution Insights