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 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. US12271514B2. Although the claims at issue are not identical, they are not patentably distinct from each other because this application is a continuation of 18/100,707 and this application claims with more words but in a broader manner the invention concisely claimed in 18/100,707.
The claims map to each other as follows:
Instant Application
U.S. Patent No. US12271514B2
Claim 1
A head mounted display (HMD) device system for presenting mixed reality (MR) interactive content, comprising:
at least one outward-facing camera to take images of an external environment;
a display system to project a combination of a three-dimensional (3D) interactive environment and the images of the external environment to a user wearing the HMD device;
an eye tracking system to determine a gaze of the user and information regarding at least one fixation of an eye of the user;
a sensor system to sense a body movement of the user; and
a controller communicatively coupled to the at least one outward-facing camera, the display system, the eye tracking system, and the sensor system, the controller to:
identify a point of interest (POI) of the user within the projected combination of the 3D interactive environment and the images of the external environment based on the determined gaze of the user and the information regarding at least one fixation of the eye of the user;
identify an action to be taken on the identified POI based on the sensed body movement and the identified POI; and
control the display system to adjust the projected combination of the 3D interactive environment and the images of the external environment to show the action being taken on the identified POI.
Claim 2
Claim 1
A head mounted display (HMD) device system for presenting mixed reality (MR) interactive content, comprising:
a display system to project a three-dimensional (3D) interactive environment to a user wearing the HMD device;
an eye tracking system to determine a gaze of the user and information regarding at least one fixation and at least one saccade of an eye of the user;
a sensor system to sense a body movement of the user corresponding to an action to be taken within the projected 3D interactive environment; and
a controller communicatively coupled to the display system, the eye tracking system, and the sensor system, the controller to:
identify a 3D point of interest (POI) of the user within the projected 3D interactive environment based on the determined gaze of the user and information regarding at least one fixation and at least one saccade of the eye of the user;
identify the action to be taken on the identified 3D POI within the projected 3D interactive environment based on the sensed body movement and the identified 3D POI; and control the display system to adjust the projected 3D interactive environment to show the action being taken on the identified 3D POI.
Claim 2
Claim 4
Claim 4
Claim 5
Claim 5
Claim 6
Claim 6
Claim 7
Claim 7
Claim 8
Claim 5
Claim 12
Claim 10
Claim 14
Claim 11
Claim 15
Claim 4
Allowable Subject Matter
Claims 1-17 would be allowable if rewritten or amended to overcome the double patenting rejection(s), set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, the prior art of Yee (US 20180077345 A1) discloses POI prediction based on saccade detection and eye gaze tracking (Yee [0047]), George-Svahn et al (US 20140247232 A1) discloses 3D saccade and gaze tracking George [0060] and Jonker et al (US 20230069764 A1) discloses gaze and saccade (Jonker fig. 10; [0091]).
However, none of the prior art of record, alone or in combination, disclose the claim as a whole.
Claims 2-13 are allowable for depending from claim 1.
Claim 14 is allowed similar to claim 1, for reciting similar subject matter as claim 1.
Claims 15-17 are allowable for depending from claim 14.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
See the notice of references cited (PTO-892) for prior art made of record, including art that is not relied upon but considered pertinent to applicant's disclosure.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Said A. Broome can be reached at (571) 272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JITESH PATEL/Primary Examiner, Art Unit 2612
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