DETAILED ACTION
Status
This Office Action is responsive to claims filed on 04/14/2025. Please note Claims 2-21 are pending and have been examined.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/9/2025, 2/11/2026, 4/6/202 and 8/28/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The document submitted on 9/29/2025 is not a USPTO supplied IDS fillable form. The document has not been considered by the examiner.
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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11782506 in view of Faulkner (US 20210096726 A1).
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11392198 in view of Faulkner (US 20210096726 A1).
Instant Application
U.S. Patent No. 11782506
U.S. Patent No. 11392198
2. A head-mounted device configured to be worn on a head of a user, the head- mounted device comprising:
1. A computer-implemented method, comprising:
Claim 10. The method of claim 1, wherein the extended reality environment is generated for display at an extended reality head-mounted device.
1. A method for extended reality environment interaction, comprising:
10. The method of claim 1, wherein the extended reality environment is presented via an extended reality head-mounted device.
two displays for displaying three dimensional (3D) images for consumption by the user;
at least one camera configured to capture at least one image of at least one eye of the user;
a first circuitry configured to analyze data associated with a gaze of the user based at least on the at least one image of the at least one eye of the user;
Claim 3. The method of claim 1, wherein determining that the object is in the field of view, and determining that the object is again in the field of view, further comprises determining that the object is in a gaze of a user associated with the extended reality session.
Claim 5. The method of claim 1, wherein: generating for display in the extended reality environment the one or more items related to the object is performed in response to determining that the object is in the field of view of the user, and in a gaze of the user, for at least the first predetermined period of time.
a second circuitry, different from the first circuitry, configured to execute a media application that causes the two displays to generate for display a virtual 3D environment for consumption of media content by the user,
Claim 1. …generating for display, during a extended reality session, an extended reality environment including an object;
Claim 1. …generating for display an extended reality environment including an object;
wherein the virtual 3D environment comprises a plurality of Virtual Reality (VR) objects capable of being selected;
wherein the second circuitry is further configured to: based at least in part on a determination, made using the first circuitry, that the gaze of the user is being directed to a particular VR object of the plurality of VR objects for at least a first predetermined period of time:
determining, during the extended reality session, that the object is in a field of view for a first period of time, wherein the first period of time is determined using a timer and the first period of time is less than a threshold period of time; determining, during the extended reality session, that the object is no longer in the field of view; based on the determining that the object is no longer in the field of view, pausing the timer; determining, during the extended reality session, that the object is again in the field of view; based on the determining that the object is again in the field of view, resuming use of the timer; determining that the object has been in the field of view for a second period of time since resuming the use of the timer; and in response to determining that a combination of the first period of time and the second period of time during the extended reality session is at least the threshold period of time,
detecting an eye motion of a user; determining, based on the detecting, whether the object is in a field of view of the user for at least a first predetermined period of time; in response to determining that the object is in the field of view of the user for at least the first predetermined period of time,
access a data structure that stores for one or more of the plurality of VR objects respective textual data; and cause to be displayed in the virtual 3D environment the respective textual data indicated by the data structure as associated with the particular VR object; and
generating for display in the extended reality environment one or more items related to the object.
Claim 2. The method of claim 1, wherein the one or more items related to the object comprise textual information, one or more images, video, or any combination thereof.
generating for display in the extended reality environment one or more items related to the object;
Claim 2. The method of claim 1, wherein the one or more items related to the object comprise textual information, one or more images, video, or any combination thereof.
based at least in part on a determination, made using the first circuitry, that the eye gaze of the user is not directed at the particular VR object for a second predetermined period of time:
Claim 5. The method of claim 1, wherein the threshold period of time is a first threshold period of time, the method further comprising: determining that, during the extended reality session, at least a second threshold period of time has elapsed from commencing the display of the one or more items related to the object during which the object has not been in the field of view;
Claim 1. …determining that at least a second predetermined period of time has elapsed from commencing the display of the one or more items related to the object without the object being in the field of view of the user; and
cause the display, in the virtual 3D environment, of the textual data indicated by the data structure as associated with the particular VR object to be ceased.
Claim 5. … and ceasing display of the one or more items related to the object in response to determining that at least the second threshold period of time has elapsed from commencing the display of the one or more items related to the object during which the object has not been in the field of view.
ceasing display of the one or more items related to the object in response to determining that the second predetermined period of time has elapsed from commencing the display of the one or more items related to the object without the object being in the field of view of the user.
Claims 1-20 of U.S. Patent No. 11782506 and claims 1-20 of U.S. Patent No. 11392198 do not disclose two displays for displaying three dimensional (3D) images for consumption by the user; at least one camera configured to capture at least one image of at least one eye of the user; and wherein the virtual 3D environment comprises a plurality of Virtual Reality (VR) objects capable of being selected.
However, in the same field of endeavor, Faulkner discloses two displays for displaying three dimensional (3D) images for consumption by the user ([0089] “In some embodiments, the display generation component 120 uses a display mechanism (e.g., left and right near-eye display panels) for displaying frames including left and right images in front of a user's eyes to thus provide 3D virtual views to the user.”); at least one camera configured to capture at least one image of at least one eye of the user ([0099] “As shown in FIG. 6, the gaze tracking cameras may capture left and right images of the user's left and right eyes.”); and wherein the virtual 3D environment comprises a plurality of Virtual Reality (VR) objects capable of being selected ([0218] “In some embodiments, while the device detects that the user's gaze is directed to a selectable object (e.g., a photo file icon, a movie file icon, a notification banner, etc.) in the three-dimensional environment, the device detects the touch-down of the user's thumb on the index finger followed by the upward wrist flick gesture, the device launches the experience corresponds to the object (e.g., opens a photo in the air, starts a 3D movie, opens an expanded notification, etc.).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified claims 1-20 of U.S. Patent No. 11782506 or claims 1-20 of U.S. Patent No. 11392198 with the feature of two displays for displaying three dimensional (3D) images for consumption by the user; at least one camera configured to capture at least one image of at least one eye of the user; wherein the virtual 3D environment comprises a plurality of Virtual Reality (VR) objects capable of being selected. Doing so could provide improved computer generated experiences to users that make interaction with the computer systems more efficient and intuitive for a user, as explicitly taught by Faulkner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lemay (US 20220091722 A1) – This reference teaches a computer system displays a first view of a three-dimensional environment. While displaying the first view, the computer system detects a first movement of a first hand that meets first criteria, and in response, displays a first virtual object that includes a first plurality of selectable controls at a first position in the first view, wherein the first position corresponds to a location of the first hand after the first movement in a physical environment. While displaying the first virtual object at the first position, the computer system detects a second movement of the first hand, and in response, displays movement of a representation of the first hand in the first view in accordance with the second movement of the first hand relative to a position of the first virtual object in the first view.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHONG WU whose telephone number is (571)270-5207. The examiner can normally be reached MON-FRI: 9AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao Wu can be reached at 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHONG WU/Primary Examiner, Art Unit 2613
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