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 .
Specification
The title of the invention is not descriptive.
A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested:
SYSTEM, METHOD AND NON-TRANSITORY COMPUTER-READABLE MEDIUM FOR USING GAZE OF A USER TO CONTROL IOT DEVICES WITH AN AR CAMERA
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.
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Claims 1-2, 4-11 and 13-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 5-20 of U.S. Patent No. 12,260,061. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are a broader version of the patent claims.
Claims of 19/065,074 Claims of 12,260,061
1. A system that controls at least one Internet of Things (IoT) device, comprising:
an eyewear device that includes a display, an augmented reality (AR) camera device, and
means for tracking an eye direction of a user of the eyewear device to identify a direction of the user's gaze;
a processor; and
at least one non-transitory computer readable medium having stored thereon first instructions, wherein execution of the first instructions by the processor causes the processor to register an interactable overlay with the at least one IoT device and present the interactable overlay to the display of the eyewear device when the at least one IoT device is in a field of view of the AR camera device of the eyewear device, and second instructions, wherein execution of the second instructions by the processor causes the processor to determine when the user's gaze intersects the interactable overlay on the display of the eyewear device and to generate and send a control signal based on control information associated with the interactable overlay to the at least one IoT device that is associated with the interactable overlay intersected by the user's gaze.
2. The system as in claim 1, wherein the control signal is generated
when the user's gaze intersects the interactable overlay for a predetermined period of time.
4. The system as in claim 3,
wherein the
selection input comprises at least one of a predetermined verbal message, a gesture, or a physical button selection on the AR camera device.
5. The system as in claim 3,
wherein the
interactable overlay includes instructions for providing the selection input.
6. The system as in claim 1,
wherein execution of the second instructions by the processor causes the processor to overlay the interactable overlay associated with the at least one IoT device over the display of the eyewear device when the at least one IoT device is recognized in the field of view of the AR camera device.
7. The system as in claim 1,
wherein execution of
the second instructions by the processor causes the processor to present a reticle on the display of the eyewear device that identifies a focal point of the user's gaze.
8. The system as in claim 7, wherein execution of the second instructions by the processor causes the
processor to present the reticle on the display of the eyewear device by following eye movement of the user to determine a position of the reticle on the display of the eyewear device.
9. The system as in claim 1, wherein execution of the second instructions by the processor causes the
processor to present an
interactable overlay including a virtual ON button and a virtual OFF button over the display of the eyewear device including the at least one IoT device or to present an interactable overlay including a plurality of virtual buttons representing different commands over the display of the eyewear device including the at least one IoT device.
10. A method of controlling at least one Internet of Things (IoT) device, comprising:
registering, by at least one processor, an interactable augmented reality (AR) overlay with the at least one IoT device, the interactable overlay including control information for generating a control signal for controlling the at least one IoT device when the interactable overlay is interacted with by a user of an AR camera device;
presenting, by the at least one processor, the interactable overlay on a display associated with the AR camera device when the at least one IoT device is in a field of view of the AR camera device;
tracking, by the at least one processor, an eye direction of the user to identify a direction of the user's gaze;
determining, by the at least one processor, when the user's gaze intersects the interactable overlay on the display; and
sending, by the at least one processor, a control signal based on the control information associated with the interactable overlay intersected by the user's gaze to the at least one IoT device that is associated with the interactable overlay intersected by the user's gaze.
11. The method as in claim 10, wherein determining when the user's gaze intersects the interactable overlay on the display includes determining whether the user's gaze intersects the interactable overlay for a predetermined period of time.
13. The method as in claim 12, wherein providing
the selection input comprises providing at least one of a predetermined verbal message, a gesture, or a physical button selection on the AR camera device.
14. The method as in claim 12, further comprising presenting instructions in the interactable overlay for providing the selection input.
15. The method as in claim 10, wherein presenting the interactable overlay on the display when the at least one IoT device is in a field of view of the AR camera device comprises overlaying the interactable overlay associated with the at least one IoT device over the display including the at least one IoT device when the at least one IoT device is recognized in the field of view of the AR camera device.
16. The method as in claim 10, further comprising presenting a reticle on the display that identifies a focal point of the user's gaze.
17. The method as in claim 16, wherein presenting the reticle on the display includes following eye movement of the user to determine a position of the reticle on the display.
18. The method as in claim 10, wherein presenting the interactable overlay on the display when the at least one IoT device is in a field of view of the AR camera device comprises presenting an interactable overlay including a virtual ON button and a virtual OFF button over the display including the at least one IoT device or to present an interactable overlay including a plurality of virtual buttons representing different commands over the display including the at least one IoT device.
19. A non-transitory computer-readable medium having stored thereon instructions, wherein execution of the instructions by one or more processors cause the one or more processors to control at least one Internet of Things (IoT) device by performing operations including:
registering an interactable augmented reality (AR) overlay with the at least one IoT device, the interactable overlay including control information for generating a control signal for controlling the at least one IoT device when the interactable overlay is interacted with by a user of an AR camera device;
presenting the interactable
overlay on a display associated with the AR camera device when the at least one IoT device is in a field of view of the AR camera device;
tracking an eye direction of the user to identify a direction of the user's gaze;
determining when the user's gaze intersects the interactable overlay on the display; and
sending a control signal based on the control information associated with the interactable overlay intersected by the user's gaze
to the at least one IoT
device that is associated with the interactable overlay intersected by the user's gaze.
20. The non-transitory computer-readable medium as in claim 19, wherein the instructions for determining when the user's gaze intersects the interactable overlay on the display includes further instructions that when executed by the one or more processors cause the one or more processors to determine whether the user's gaze intersects the interactable overlay for a predetermined period of time.
1. A universal visual remote control system that controls at least one Internet of Things (IoT) device, comprising:
an eyewear device that includes a display and an augmented reality (AR) camera device;
2. eyewear device further comprises means for tracking an eye direction of the user to identify a direction of the user's
gaze.
a processor; and
at least one non-transitory computer readable medium having stored thereon first instructions, wherein execution of the first instructions by the processor causes the processor to register the interactable overlay with the at least one IoT device and present the interactable overlay to the display of the eyewear device when the at least one IoT device is in a field of view of the AR camera device of the eyewear device, and second instructions, wherein execution of the second instructions by the processor causes the processor to
2. determine when the user's gaze intersects the interactable overlay on the display of the eyewear device 1. generate and send a control signal based on the control information associated with the interactable overlay pointed at by the AR camera device to the at least one IoT device that is associated with the interactable overlay pointed at by the AR camera device.
2. determine when the user's gaze intersects the interactable overlay on the display of the eyewear device.
2. generate and send the control signal.
12. The method as in claim 11,
…the user's gaze intersects the interactable overlay for a predetermined period of time.
5. The universal visual remote control system, wherein the selection input comprises at least one of a predetermined verbal message, a gesture, or a physical button selection on the AR camera device.
6. The universal visual remote control system, wherein the interactable overlay includes instructions for providing the selection input.
7. The universal visual remote control system as in claim 1, wherein execution of the second instructions by the processor causes the processor to overlay the interactable overlay associated with the at least one IoT device over the display of the eyewear device when the at least one IoT device is recognized in the field of view of the AR camera device.
8. The universal visual remote control system, wherein execution of the second instructions by the processor causes the processor to present a reticle on the display of the eyewear device that identifies a focal point of the AR camera device and to provide feedback to the user that the AR camera device is pointed at the interactable overlay associated with the at least one IoT device.
2. determine when the user's gaze intersects the interactable overlay on the display of the eyewear device.
9. The universal visual remote control system as in claim 8, wherein execution of the second instructions by the processor causes the processor to present the reticle on the display of the eyewear device by following at least one of head movement or eye movement of the user to determine a position of the reticle on the display of the eyewear device.
10. The universal visual remote control system as in claim 1, wherein execution of the second instructions by the processor causes the processor to present an interactable overlay including a virtual ON button and a virtual OFF button over the display of the eyewear device including the at least one IoT device or to present an interactable overlay including a plurality of virtual buttons representing different commands over the display of the eyewear device including the at least one IoT device.
11. A method of controlling at least one Internet of Things (IoT) device, comprising:
registering, by at least one processor, an interactable augmented reality (AR) overlay with the at least one IoT device, the interactable overlay including control information for generating a control signal for controlling the at least one IoT device when the interactable overlay is interacted with by an AR camera
device;
13. the user provides a selection input to the AR camera device.
11. presenting, by the at least one processor, the interactable overlay on a display associated with the AR camera device when the at least one IoT device is in a field of view of the AR camera device;
tracking, by the at least one processor, an eye direction of a user to identify a direction of the user's gaze;
determining, by the at least one processor, when the user's gaze intersects the interactable overlay on the display; and
sending, by the at least one processor, a control signal based on the control information associated with the interactable overlay pointed at by the AR camera device to the at least one IoT device that is associated with the interactable overlay intersected by the user's gaze.
2. the interactable overlay intersected by the user's gaze.
12. The method as in claim 11, wherein determining when the user's gaze intersects the interactable overlay on the display includes determining whether the user's gaze intersects the interactable overlay for a predetermined period of time.
14. The method as in claim 13, wherein generating the indication comprises generating the indication when the selection input comprises at least one of a
predetermined verbal message, a gesture, or a physical button selection on the AR camera device.
15. The method as in claim 14, further comprising presenting instructions in the interactable overlay for providing the selection input.
16. The method as in claim 11, wherein presenting the interactable overlay on the display when the at least one IoT device is in a field of view of the AR camera device comprises overlaying the interactable overlay associated with the at least one IoT device over the display including the at least one IoT device when the at least one IoT device is recognized in the field of view of the AR camera device.
8. The universal visual remote control system …present a
reticle on the display of the eyewear device that identifies a focal point of the AR camera device…
2. identify a direction of the user's gaze and the processor executes the second instructions to determine when the user's gaze intersects the interactable overlay on the display of the eyewear device.
17. The method as in claim 16, further comprising presenting a reticle on the display that identifies a focal point of the AR camera device by following at least one of head movement or eye movement of the user to determine a position of the reticle on the display...
18. The method as in claim 11, wherein presenting the interactable overlay on the display when the at least one IoT device is in a field of view of the AR camera device comprises presenting an interactable overlay including a virtual ON button and a virtual OFF button over the display including the at least one IoT device or to present an interactable overlay including a plurality of virtual buttons representing different commands over the display including the at least one IoT device.
19. A non-transitory computer-readable medium having stored thereon instructions, wherein execution of the instructions by one or more processors cause the one or more processors to control at least one Internet of Things (IoT) device by performing operations including:
registering an interactable augmented reality (AR) overlay with the at least one IoT device, the interactable overlay including control information for generating a control signal for controlling the at least one IoT device when the interactable overlay is interacted with by an AR camera
device;
13. user provides a selection input to the AR camera device...
19. presenting the interactable overlay on a display associated with the AR camera device when the at least one IoT device is in a field of view of the AR camera device;
tracking an eye direction of a
user to identify a direction of the user's gaze;
determining when the user's gaze intersects the interactable overlay on the display; and
sending a control signal based on the control information associated with the interactable overlay
2. user's gaze intersects the interactable overlay...
19. pointed at by the AR camera device to the at least one IoT device that is associated with the interactable overlay intersected by the user's gaze.
20. The non-transitory computer-readable medium as in claim 19, wherein the instructions for determining when the user's gaze intersects the interactable overlay on the display includes further instructions that when executed by the one or more processors cause the one or more processors to determine whether the user's gaze intersects the interactable overlay for a predetermined period of time.
Allowable Subject Matter
Claims 3 and 12 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 3 and 12, the prior art doesn’t teach:
3. The system as in claim 1, wherein the control signal is generated when the user provides a selection input to the AR camera device while the user's gaze intersects the interactable overlay.
12. The method as in claim 10, further comprising generating the control signal when the user provides a selection input to the AR camera device while the user's gaze intersects the interactable overlay.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAURICE L MCDOWELL, JR whose telephone number is (571)270-3707. The examiner can normally be reached Mon-Fri: 2pm-10pm.
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/MAURICE L. MCDOWELL, JR/Primary Examiner, Art Unit 2612
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