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 .
This application is a continuation of U.S. Patent Application No. 17/839,579.
Status of Claims
This Office Action is in response to the application filed on 03/05/2025. Claims 1-20 have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/09/2025 filed in accordance with the provisions of 37 CFR 1.97. Accordingly, it is being considered by the examiner.
Double Patenting
The Obviousness 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 non-statutory 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 Langi, 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 CPR l.32l(c) or l.32l(d) may be used to overcome an actual or provisional rejection based on non-statutory 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 CPR l.32l(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory 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. l. For a reply to a non-final Office action, see 37 CPR 1.11 l(a). For a reply to final Office action, see 37 CPR 1.113(c). A request for reconsideration while not provided for in 37 CPR 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, to refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatented over claims 1-20 of U.S, Patent No 12/273,501.
Although the claims of the instant application are not identical, to those of the referenced patent, they are not patentably distinct therefrom. The difference between the claim sets are merely in terminology, as illustrated in the claim comparison table below, and do not result in any patentable distinction.
Accordingly, the instant claims are considered to be an obvious variation of the claims of the cited patent.
To overcome this rejection, a terminal disclaimer must be filed. The terminal disclaimer must disclaim any term of the instant application that would extends beyond the term of the referenced patent and must include the required common ownership and enforceable provisions under C.F.R. § 1.321.
The following table provides an exemplary comparison between representative claims, and shows that the difference are merely in wording and do not constitute a patentable distinction.
18/071,856
(Instant Application)
17/839,579
(US Patent US12273501B2)
EXEMPLARY CLAIMS
CLAIMS
A system, comprising:
a camera configured to capture an image of objects in a first location having a barrier including an inside surface and an opposing outside surface;
a positioner coupled to the inside surface of the barrier and configured to position the camera in a XY dimension;
a device positioned in a second location wherein the barrier separates the first location from the second location, comprising:
a display; and
a processor configured to: determine a location (x, y, z) on the outside surface of the barrier;
control the positioner to position the camera to the location (x, y, z) on the inside surface of the barrier; and
display the image captured by the camera on the display.
10. An interactive augmented reality method for use with a system having a camera configured to capture an image of objects in a first location having a barrier including an inside surface and an opposing outside surface,
a positioner coupled to the inside surface of the barrier and configured to position the camera in a XY dimension,
a device positioned in a second location wherein the barrier separates the first location from the second location, the device comprising a display
and a processor, the processor:
determining a location (x, y, z) on the outside surface of the barrier;
controlling the positioner to position the camera to the location (x, y, z) on the inside surface of the barrier; and
displaying the image captured by the camera on the display.
1. A system, comprising:
a sensor system configured to capture an image of objects in a first location having a barrier including an inside surface and an opposing outside surface;
a sensor system positioner coupled to the inside surface of the barrier and configured to position the sensor system in a XY dimension;
eyewear positioned in a second location including the barrier separating the first location from the second location,
comprising:
a frame;
an optical member supported by the frame;
a display coupled to the optical member; and
a processor configured to:
determine a location (x, y, z) on the outside surface of the barrier that the eyewear is facing along a line of site (LOS) defined between the eyewear and the location (x, z);
control the sensor system positioner to position the sensor system to the location (x, y, z) on the inside surface of the barrier; and
display the image captured by the sensor system on the eyewear display.
10. An interactive augmented reality method for use with a system having a sensor system configured to capture an image of objects in a first location having a barrier including an inside surface and an opposing outside surface,
a sensor system positioner coupled to the inside surface of the barrier and configured to position the sensor system in a XY dimension,
eyewear positioned in a second location including the barrier separating the first location from the second location, the eyewear comprising a frame, an optical member supported by the frame, a display coupled to the optical member,
and a processor, the processor: determining a location (x, y, z) on the outside surface of the barrier that the eyewear is facing along a line of site (LOS) defined between the eyewear and the location (x, y, z);
controlling the sensor system positioner to position the sensor system to the location (x, y, z) on the inside surface of the barrier; and
displaying the image captured by the sensor system on the eyewear display.
Claims 2-9 and 12-20 list all the same elements of claims 2-9 and 12-20. Therefore, the supporting rationale of the rejection applies equally as well to claims.
Claim Rejections - 35 USC § 103
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C.
102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction
of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status
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.
The factual inquiries for establishing a background for determining obviousness under 35
U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness
6. Claims 1-3, 6-8, 10-12, 15-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over You Lu et al. “Study on an Augmented Reality Based 3-Dimensional See-through Wall.” 2010 3rd International Congress on Image and Signal Processing. vol. 4. IEEE, 2010. 1680–1683. Web. (translation provided and citation given from the translated document) hereinafter “Lu” in view of Collett et al (US-20150015708-A1) hereinafter “Collett”.
Regarding Claim 1 Lu-Collett
Lu discloses 1. A system, comprising:
a camera (Lu, Section IV, Paragraph 1 “A camera is fixed on the other side of the wall …”) configured to capture an image of objects in a first location having a barrier including an inside surface (Lu, Fig.5 screen side of the monitor) and an opposing outside surface (Lu, Fig.5 back side of the monitor);
. . .
a device positioned in a second location wherein the barrier separates the first location from the second location (Lu, Abstract; Section I; Fig; 5 Abstract, “In such a system a display screen is installed on a wall beside a window, its user can see the outside scene at any viewpoint with the help of the display screen….”) comprising:
a display (Lu, Fig, 1, 5 “a display screen”); and
. . .
determine a location (x, y, z) on the outside surface of the barrier, (Lu, Fig. 2 and section II, pages 1680-1681“When the proposed system is applied, the 2D display screen can be a virtual vision window and the outside scene sheltered by wall can be viewed freely through the
display screen.”);
. . .; and
display the image captured by the camera on the display (Lu, Fig. 5, section IV “A viewer can watch the 3D vision in virtual FOV of the display screen…”)
Lu does not explicitly disclose
a positioner coupled to the inside surface of the barrier and configured to position the camera in a XY dimension;
a processor configured to;
determine a location (x, y, z) on the outside surface of the barrier;
control the positioner to position the camera to the location (x, y, z) on the inside surface of the barrier;
However, in the same field of endeavor Collett discloses more explicitly the following:
a positioner (Fig. 5, “pan and tilt apparatus 507”) coupled to the inside surface of the barrier and configured to position the camera in a XY dimension; (Collett [0038] “Pan and tilt apparatus 507 moves the video camera 509 in three-dimensions based on instructions provided by a telepresence system processor…”)
a processor configured to (Collett, “processor 304”):
control the positioner to position the camera to the location (x, y, z) on the inside surface of the barrier (Collett, [0048] “the user's head is in position {x1, y1, z1} however the pan and tilt apparatus 614 is in position {x3', y3', z3'}. Comparing the feedback data with the known position of the user's head, the misalignment is automatically detected by the processor”)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the teachings of Lu in view of Collett to create the system of Lu as outlined above to include determining a location (x, y, z) coordinate and controlling a positioner to position the camera based on the determined location.
One of ordinary skill in the art would have been motivated to incorporate the teachings of Collett into Lu to enable alignment of the camera position with a user’s viewpoint, thereby allowing a user to experience a scene from a corresponding perspective being without being physically present. (Collett, [0003])
Note: The motivation that was utilized in the rejection of claim 1, applies equally as well to claims 2-3, 6-8, 10-12, 15-17 and 19-20.
Regarding Claim 2 Lu-Collett
Lu-Collett discloses 2. The system of claim 1,
wherein the positioner is configured to direct the camera to the location (x, y, z) that the device is facing. (Collett, “…the user's head located in position {x1, y1, z1} corresponds to the pan and tilt apparatus 614 position of {x1', y1', z1'}, the user's head located in position {x2, y2, z2} corresponds to the pan and tilt apparatus 614 position of {x2', y2', z2'}, and so forth.”)
Regarding Claim 3 Lu-Collett
Lu-Collett discloses 3. The system of claim 2,
wherein the processor is configured to determine a position of the device as an (x, y, z) coordinate. (Collett, “… the user's head is in position {x1, y1, z1} however the pan and tilt apparatus 614 is in position {x3', y3', z3'}. Comparing the feedback data with the known position of the user's head, the misalignment is automatically detected by the processor.”)
Regarding Claim 6 Lu-Collett
Lu-Collett discloses 6. The system of claim 2,
wherein the processor is configured to control features of the camera. (Collett, [0038] “Pan and tilt apparatus 507 moves the video camera 509 in three-dimensions based on instructions provided by a telepresence system processor…”)
Regarding Claim 7 Lu-Collett
Lu-Collett discloses 7. The system of claim 2,
wherein the positioner is a three-dimension (3D) positioner configured to direct the view of the camera. (Collett, “For example, pan and tilt apparatus 614 other than moves 360.degree. in any direction. In this example, the motor limits the range of motion of the video camera to 90.degree. from the origin in the x, y and z coordinate system.”)
Regarding Claim 8 Lu-Collett
Lu-Collett discloses 8. The system of claim7,
wherein the 3D positioner is configured to direct the view of the camera in the same direction as a head of a user wearing the device when the user tilts and rotates their head. (Collett, Fig. 6 [0046] “As the user 602 moves their head to various positions, instructions are transmitted to the pan and tilt apparatus 614, via the communication network 607, instructing the pan and tilt apparatus 614 to move the video camera 611 such that it tracks the movement of the user's head…”)
Regarding Claim 10 Lu-Collett
The limitation of claim 10 are substantially the same as those in claim 1. Therefore, the supporting rationale of the rejection to claim 1 applies equally as well to claim 10. Furthermore, regarding the claim limitation of “An interactive augmented reality method for use with a system…” (Collett, Abstract, “… system and method is disclosed for aligning a remote….”)
Regarding Claims 11-18
Claims 11-18 recite limitations that are substantially similar to those of dependent claims 2-9, respectively, except that claims 11-18 are directed to method rather than an a system. Accordingly, the reasoning and rejection set forth with respect to claims 2-9 apply equally to claims 11-18.
Regarding Claim 19-20 Lu-Collett
The limitation of claim 19 and 20 are substantially the same as those in claim 1 and 2. Therefore, the supporting rationale of the rejection to claim 1and 2 applies equally as well to claim 19 and 20. Furthermore, regarding the claim limitation of “A non-transitory computer-readable medium storing program code which, when executed, is operative to cause a system.” (Lu, Section V, Paragraph 1 “The hardware for the experiment includes 2 linear cameras, 1 LCD display screen, 1 computer and …. The software used the experiment includes Microsoft Windows 7 operating system…”)
Claim Rejections - 35 USC § 103
Claims 4-5, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lu-Collett in view of CAO CHEN (CN 211603941 U) translation provided and citation given from the translated document) hereinafter “Cao”
Regarding Claim 4 Lu-Collett-Cao
Lu-Collett discloses 4. The system of claim 2,
Lu-Collett does not explicitly disclose
wherein the positioner comprises two orthogonal rails, the positioner further comprising a first motor configured to position one of the rails with respect to the other rail.
However, in the same field of endeavor, Cao does explicitly disclose comprises two orthogonal rails (see Cao, see elements 32 and 33 in FIG. 1, Cao, [0036] ", the vertical tracks 32 and the device tracks 33 are all H-beams. The device body 31 is slidably engaged with the vertical tracks 32. Both device tracks 33 can slide on the vertical tracks 32 through the device body 31 and then connect with the main track 1. The upper surface of the device body 31 is provided with two grooves 34. A drive wheel 35 and a guide wheel 36 are provided in the grooves 34 at intervals. The drive wheel 35 is vertically arranged and engages with the upper end face of the I-beam groove of the vertical track 32. The guide wheel 36 is horizontally arranged and engages with the inner side face of the I-beam groove of the vertical track 32.”."), the positioner further comprising a first motor configured to position one of the rails with respect to the other rail. (see Cao, see FIG. 1, [0012, 0014], Cao discloses, "[0016] ... The drive motor cooperates with the drive wheel, the position signal acquisition unit cooperates with the sensor electrical signal...” [0018] ... a track inspection robot avoiding device and at least two track inspection robot; two track inspection robot moves on the main track. The main track is equipped with a charging device…” Here, the robot has a first motor to position it along the rails by controlling motorized wheels that drive it)
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have used a robot avoiding device along a track/rail system for detecting and communicating the information to personnel as taught by Cao in (FIGS. 7 and 8), in Collett-Lu's invention. One would have been motivated to modify Collett's invention by incorporating Cao's invention, because by including the track/rail system it improves the structural stability of the sensor system as it is within the inside surface of the barrier, which in this case, can be underwater or within a room attached to a wall. In this implementation, the user is able to experience a less likely to be disturbed form of immersion because the track/rail system will have an avoidance detection element and will be coupled to the surface with a secure method alleviating the likelihood for disruption (i.e., a sea-based mammal harming the sensor system)
Note: The motivation that was utilized in the rejection of claim 4, applies equally as well to claims 5, and 13-14.
Regarding Claim 5 Lu-Collett-Cao
Lu-Collett-Cao discloses 5. The system of claim 4,
further comprising a second motor configured to position the positioner along one of the rails such that the positioner is positioned at location (x, y, z) when the device faces location (x, y, z). (Cao, [0036] “the lower part of the device main body 31 is fixedly provided with two device rails 33 parallel to the main rail 1…the device main body 31 is slidably engaged with the vertical track 32. Both of the device rails 33 can slide on the vertical rail 32 through the device main body 31…" [0039]” The avoidance device 30 also includes … a drive motor 62... The drive motor 62 in cooperates with the driving wheel 35,..”)
Claim Rejections - 35 USC § 103
Claim(s) 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lu-Collett and in view of Sykes et al (US-20210331321-A1) hereinafter "Sykes".
Regarding Claim 9 Lu-Collett-Cao-Sykes
Lu-Collett-Cao discloses 9. The system of claim 8,
Lu-Collett-Cao does not explicitly disclose
wherein the 3D positioner is a 3-axis gimbal.
However, in the same field of endeavor Sykes discloses more explicitly the following:
wherein the 3D positioner is a 3-axis gimbal. (Sykes, [0032] FIG. 3A depicts a gimbal camera mount 62. In some embodiments, the remote capture device 26 comprises the gimbal camera mount 62, secured to the frame 24. In such embodiments, the gimbal camera mount 62 may be operable to rotate about a first axis, a second axis, and a third axis. Rotation of the gimbal camera mount 62 may be carried out using a first motor 64 disposed within the gimbal camera mount 62, a second motor 66 disposed within the gimbal camera mount 62, and a third motor 67 disposed within the gimbal camera mount 62. Each of the first motor 64, the second motor 66, and the third motor 67 may be used to rotate the gimbal camera mount 62 about a respective one of the first axis, the second axis, and the third axis. In some embodiments, the first axis may correspond to the X-axis, as shown, the second axis may correspond to the Y-axis, and the third axis may correspond to the Z-axis, as shown”).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have used a remote capturing device associated with a real-time sensory system for communicating the information between a user and a device in a remote location as taught by Sykes, in Collett-Lu's invention.
Therefore, one ordinary skill in the art would have been motivated to modify Collett-Lu’s invention by incorporating Sykes's teaching, because including the real-time sensory system enables the provision of real-time sensory information associated with a remote location to a user thereby allowing remote operation of machinery (Sykes, [0006])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASTEWAYE GETTU ZEWEDE whose telephone number is (703)756-1441. The examiner can normally be reached Mo-Fr 8:30 am to 5:30 pm.
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/ASTEWAYE GETTU ZEWEDE/ Examiner, Art Unit 2481 /WILLIAM C VAUGHN JR/Supervisory Patent Examiner, Art Unit 2481