DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copy of KR10-2022-0166983 required by 37 CFR 1.55.
3. Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Republic of Korea on October 24, 2022. It is noted, however, that applicant has not filed a certified copy of the KR10-2022-0137164 application as required by 37 CFR 1.55.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on March 14, 2025 is considered by the examiner.
Specification
5. The abstract of the disclosure is objected to because the abstract exceeds 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Objections
6. Claims 2-7 and 9-11 objected to because of the following informalities: "processor is configured to" should be "processor is . Appropriate correction is required.
7. Claim 8 objected to because of the following informalities: “and/or” should be only “and” or “or”. Appropriate correction is required.
8. Claim 15 objected to because of the following informalities: “first command comprises” should be “first command further comprises”. Appropriate correction is required.
Claim Interpretation
9. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
10. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
11. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "communication module" in claims 1, 9, and 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Support and structure for the communication module can be found in Paragraph 39 of the Applicant’s Specification.
GPS module is not being interpreted under 35 U.S.C. 112(f) despite using a generic placeholder “module” because GPS is well-known to be a hardware device.
12. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
13. Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
14. Regarding, claim 1 recites on lines 9-11 “receive, through the communication module, from a wearable electronic device, first communication signal information on a communication signal received by the wearable electronic device”. It is unclear to the Examiner whether the communication signal received by the wearable electronic device is also received by the electronic device’s processor. If only the first communication signal information is received, the Examiner advises the Applicant to amend the claim to “first communication signal information about a communication signal” instead.
Claim 12 also recites similar language and is rejected under the same reasons.
15. Regarding claim 2, claim 2 recites the limitation "the first command for displaying augmented reality information " in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 1 only states a first command for controlling a head mounted display device, not for displaying augmented reality information.
Dependent claims 3-11 and 13-15 are also rejected by dependency on claims 1 and 12.
Claims 1-15 will be examined as best understood by the Examiner.
Claim Rejections - 35 USC § 103
16. 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.
17. 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.
18. Claim(s) 1-2, 5-9, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al. (U.S. Patent Application Publication No. 2020/0084574 A1), hereinafter referred to as Kwon, Lowet et al. (U.S. Patent Application Publication No. 2018/0000414 A1), hereinafter referred to as Lowet, and Berliner et al. (U.S. Patent Application Publication No. 2024/0297919 A1), hereinafter referred to as Berliner.
19. Regarding claim 1, Kwon teaches an electronic device comprising: a GPS module (Paragraph 37 teaches the electronic device can contain a GPS receiver); a communication module (Paragraph 63 and Figure 2 teaches the electronic device 201 has a communication interface 240 which teaches a communication module); a memory; and a processor (Paragraph 63 and Figure 2 teaches the electronic device 201 has a memory 220 and processor 210),
receive, through the communication module, from a wearable electronic device, first communication signal information on a communication signal received by the wearable electronic device (Paragraph 63-65 and Figure 2 teach the electronic device 201 can have communication with a neighboring second electronic device 205 that can be a wearable device. This teaches the electronic device can receive communication signal information from a wearable electronic device through the communication module. Paragraph 65 also teaches a second electronic device 205 can be a wearable electronic device; Paragraph 66 teaches the "the processor 210 may detect a wireless signal from the at least one external electronic device 203 and 205 in each of the plurality of locations during a preset time, obtain detection frequency data for the detected wireless signal, and generate the reference data using the obtained detection frequency data and the generated map". The detection frequency data teaches the first communication signal information. This teaches the electronic device with processor 210 receives a communication signal information from the wearable electronic device 205; Paragraph 71 teaches the wearable electronic device 205 receives a communication signal where the detection frequency data, or first communication signal information, comes from);
identify a first zone in which the wearable electronic device is located, among a plurality of zones included in the designated space by performing clustering on the first communication signal information (Paragraph 66 teaches "The reference data for each location may include … location identification information." The location identification information teaches identifying a first zone; Paragraph 70 teaches "the plurality of identifiable locations may be previously divided into by the user in which case the processor 210 may differentiate the plurality of locations by … performing density-based clustering in the generated map based on the detection frequency data for the wireless signal". The density-based clustering performed to differentiate between the plurality of locations, based on the detection frequency data for the wireless signal, teaches using clustering on the first communication signal information. Paragraph 72 also teaches " the processor 210 may be configured to identify at least one candidate location among the plurality of particular locations based on at least part of the obtained detection frequency data". Thus, the candidate location identified among the plurality of particular locations teaches identifying a first zone among a plurality of zones by performing clustering on the first communication signal information);
However, Kwon is not relied upon for the below claim language: wherein the processor is configured to: identify, using the GPS module, that the electronic device has entered a designated space; transmit, through the communication module, information on the first zone to the wearable electronic device; based on transmitting the information on the first zone, obtain, through the communication module, from the wearable electronic device, information on first activity of a user related to the first zone; obtain a first command for controlling a head mounted display (HMD) device, based on the first activity information and the information on the first zone; and transmit, through the communication module, the first command to the HMD device.
Lowet teaches wherein the processor is configured to: identify, using the GPS module, that the electronic device has entered a designated space (Paragraph 62 teaches a user device 260 that can determine the location through GPS which can be a designated space like "an individual's home, office, client/customer site, car, or other/unknown". This teaches identifying that the electronic device has entered a designated space);
transmit, through the communication module, information on the first zone to the wearable electronic device (Paragraph 55 teaches a physical location can be determined through "a mobile device that communicates with the wearable device". The mobile device teaches an electronic device that communicates information on the physical location or first zone to a wearable electronic device. This can be combined with Kwon that teaches a location is identified by the electronic device or mobile device through clustering);
based on transmitting the information on the first zone, obtain, through the communication module, from the wearable electronic device, information on first activity of a user related to the first zone (Figure 3 and Paragraphs 63-64 teach detecting the activity of a first user in the first zone or location; Paragraph 91 and Figure 10 teach a packet data network 1095 used to communicate between the wearable electronic device 1005 and electronic device 1040. Paragraph 135 and Figure 17 teach "in step 1750, allow the user to search for historical calendar appointments based upon sensor data and context using one or more GUI 1065 available on the user device 1040". The sensor data is coming from the wearable device in step 1745. Using that sensor data from the wearable device to search for information in the user device teaches the user device or electronic device obtaining information on the first activity of a user related to a first zone);
Kwon are Lowet are considered analogous to the claimed invention as because both are in the same field of controlling a display based on the detected location of a device. Thus, it would have been obvious to a person holding ordinary skill in the art before the effective filing date to modify the electronic device of detecting the location through clustering taught by Kwon with using GPS and obtaining information on a first activity based on the identified zone taught by Lowet in order to “trigger actions when a user is engaged in an activity” and to facilitate activity recommendations “based on a user’s schedule and physiological parameters” (Lowet Paragraphs 2 and 10).
However, Kwon and Lowet are not relied upon for the below claim language: obtain a first command for controlling a head mounted display (HMD) device, based on the first activity information and the information on the first zone; and transmit, through the communication module, the first command to the HMD device.
Berliner teaches obtain a first command for controlling a head mounted display (HMD) device, based on the first activity information and the information on the first zone (Paragraph 11 teaches there are content placement rules that define how virtual content is viewable through a wearable extended reality appliance. The rules teach a command to control the wearable extended reality appliance which can be a HMD device taught by Paragraph 83; Paragraph 107 teaches the virtual content is modified based on the state of the user. The state of the user teaches a first activity. This teaches determining a command to display virtual content based on the first activity; Paragraph 478 teaches content placement rules for presenting content at certain geographic locations. This teaches determining a command to display virtual content based on the first zone; Paragraph 98 teaches the remote processing unit 208 controls the XR unit 204 to provide virtual content. The virtual content being provided based on the content placement rules and state of the user teaches a command);
and transmit, through the communication module, the first command to the HMD device (Paragraph 98 teaches “remote processing unit 208 may be used together with XR unit 204 to provide virtual content”. Paragraph 96 teaches the XR unit is a wearable extended reality appliance and Paragraph 83 teaches the wearable extended reality appliance can be a HMD device. Thus, this teaches the device or remote processing unit transmits a command to the HMD device to provide virtual content; Paragraph 136 and Figure 5 teaches the device 208 has an external communication module 517. This teaches the communication module. Paragraph 141 teaches the communication module 517 is used to transmit information to the XR unit 204).
Kwon, Lowet, and Berliner are considered analogous to the claimed invention as because both are in the same field of controlling a display based on the detected location of a device. Thus, it would have been obvious to a person holding ordinary skill in the art before the effective filing date to modify the electronic device of detecting the location through clustering taught by Kwon in view of Lowet with obtaining and transmitting a command to the HMD device based on the first activity and zone taught by Berliner in order to manage the displayed virtual content between public and private locations (Berliner Paragraph 466).
20. Regarding claim 2, Kwon in view of Lowet and Berliner teaches the limitations of claim 1. However, Kwon and Lowet are not relied upon for the below claim language: the electronic device wherein the processor is configured to: obtain the first command for displaying augmented reality information in the HMD device (204), based on the first activity and the first zone.
Berliner teaches the electronic device wherein the processor is configured to: obtain the first command for displaying augmented reality information in the HMD device (204), based on the first activity and the first zone (Paragraph 11 teaches there are content placement rules that define how virtual content is viewable through a wearable extended reality appliance. The rules teach a command to control the wearable extended reality appliance which can be a HMD device taught by Paragraph 83. The virtual content also teaches augmented reality information; Paragraph 107 teaches the virtual content is modified based on the state of the user. The state of the user teaches a first activity. This teaches determining a command to display virtual content based on the first activity; Paragraph 478 teaches content placement rules for presenting content at certain geographic locations. This teaches determining a command to display virtual content based on the first zone; Paragraph 98 teaches the remote processing unit 208 controls the XR unit 204 to provide virtual content. The virtual content being provided based on the content placement rules and state of the user teaches a command).
Kwon, Lowet, and Berliner are considered analogous to the claimed invention as because both are in the same field of controlling a display based on the detected location of a device. Thus, it would have been obvious to a person holding ordinary skill in the art before the effective filing date to modify the electronic device of detecting the location through clustering taught by Kwon in view of Lowet with obtaining and transmitting a command to the HMD device based on the first activity and zone taught by Berliner in order to manage the displayed virtual content between public and private locations (Berliner Paragraph 466).
21. Regarding claim 5, Kwon in view of Lowet and Berliner teach the limitations of claim 1. Kwon further teaches the electronic device wherein the processor is configured to identify the first zone by comparing the first communication signal information with a plurality of pieces of communication signal information stored in the memory (Paragraph 117 teaches "The first electronic device may compare the detection frequency data according to the detection frequency for at least one wireless signal detected in the space-of-interest 501 with per-location reference data contained in the database". The detection frequency data teaches first communication signal information and the per-location reference data contained in the database teaches a plurality of pieces of communication signal information stored in memory. Thus, this teaches comparing first communication signal information with plurality of pieces of communication signal information stored in memory.).
22. Regarding claim 6, Kwon in view of Lowet and Berliner teach the limitations of claim 5. Kwon further teaches the electronic device wherein the processor is configured to, based on identifying that a similarity between the first communication signal information and one cluster of one or more clusters obtained by clustering the plurality of pieces of communication signal information is greater than a threshold value, determine a zone corresponding to the one cluster as the first zone (Paragraph 102 teaches "identify at least one pre-stored reference data piece which has a similar ratio to the detection frequency data". The similar ratio being enough to match the detection frequency data to a location teaches being greater than a threshold value. The threshold value is whatever is enough to mark the ratio as similar enough. The location identified teaches the zone being determined; Paragraph 119 teaches a location having the most similar ratio. The other similarity ratios teaches a threshold value to be greater than).
23. Regarding claim 7, Kwon in view of Lowet and Berliner teach the limitations of claim 1. Kwon further teaches the electronic device wherein the processor is configured to: store the first communication signal information in the memory; and divide the designated space into one or more zones by clustering the plurality of pieces of communication signal information comprising the first communication signal information stored in the memory (Paragraph 67 teaches "obtain detection frequency data for at least one wireless signal received from each of the areas arranged on the generated map, map the obtained detection frequency data, as reference data, to the generated map, and control the memory 220 to previously store the resultant map in the database of the memory 220". Paragraph 68 then teaches dividing the designated space or space-of-interest into one or more zones. Thus, this teaches storing the first communication signal in memory and dividing the space into one or more zones; Paragraph 150 teaches the plurality of identifiable locations are differentiated by "performing density-based clustering in the generated map based on the detection frequency data for the wireless signal". The detection frequency data teaches the first communication signal information and each data point the clustering is performed on teaches the plurality of pieces of communication signal information comprising the first communication signal information. Thus, this teaches clustering the plurality of pieces of communication signal information comprising the first communication signal information stored in the memory).
24. Regarding claim 8, Kwon in view of Lowet and Berliner teach the limitations of claim 7. Kwon further teaches the electronic device wherein the processor is configured to further perform silhouette analysis and/or similarity analysis on the plurality of pieces of clustered communication signal information to determine the one or more zones (Paragraph 102 teaches "identify at least one pre-stored reference data piece which has a similar ratio to the detection frequency data". The determination of a similar ratio teaches a similarity analysis being performed to determine the one or more zones from the plurality of pieces of clustered communication signal information. The examiner interprets ‘and/or’ as an ‘or’ so since the similarity analysis is taught, silhouette analysis is not required to be taught).
25. Regarding claim 9, Kwon in view of Lowet and Berliner teach the limitations of claim 7. Kwon further teaches the electronic device wherein the processor is configured to: obtain information on one or more devices located around the wearable electronic device from the wearable electronic device through the communication module (Paragraph 63 and Figure 2 teach the electronic device 201 can have communication with a neighboring second electronic device 205 that can be a wearable device. This teaches the electronic device can receive communication signal information from a wearable electronic device through a communication module 240; Paragraph 66 teaches the "the processor 210 may detect a wireless signal from the at least one external electronic device 203 and 205 in each of the plurality of locations during a preset time, obtain detection frequency data for the detected wireless signal, and generate the reference data using the obtained detection frequency data and the generated map". The detection frequency data teaches the first communication signal information. This teaches the electronic device receives information from the wearable electronic device 205;
Paragraph 71 teaches access points 203 can transmit signals and the wearable electronic device 205 can receive wireless signals. This teaches the wearable electronic device 205 receives a communication signal or information on one or more devices 203 located around the wearable electronic device. This detection frequency data is then taught to be sent to the electronic device as explained in Paragraph 66);
and perform labeling on the one or more zones, based on information on the activity and information on the one or more devices (Paragraph 67 teaches "obtain detection frequency data for at least one wireless signal received from each of the areas arranged on the generated map, map the obtained detection frequency data, as reference data, to the generated map, and control the memory 220 to previously store the resultant map in the database of the memory 220". Paragraph 68 then teaches dividing the designated space or space-of-interest into one or more zones. The detection frequency data also teaches information on the one or more devices obtained as explained in Paragraph 71; Paragraph 107 teaches after dividing the space of interest into multiple zones, labelling the spaces "into identifiable areas (e.g., a living room LV, a kitchen KT, a bathroom BT, and a bedroom BD) depending on the properties of the set space-of-interest 501. The first electronic device may set a plurality of locations P1(LV), P2(KT), P3(BT), P4(BD1), P5(BD2), and P6(BD3) based on the areas in the space-of-interest 501." This teaches labelling the one or more zones based on information on the one or more devices. Paragraph 177 also teaches labeling an area as a kitchen if the information about the external devices refers to cooking-related information.).
However, Kwon is not relied upon for the below claim language: obtain information on an activity of the user, sensed by the wearable electronic device in the one or more zones.
Lowet teaches obtain information on an activity of the user, sensed by the wearable electronic device in the one or more zones (Figure 3 and Paragraphs 63-64 teach detecting the activity of a first user in the first zone or location. Paragraph 91 and Figure 10 teach a packet data network 1095 used to communicate between the wearable electronic device 1005 and electronic device 1040; Paragraph 135 and Figure 17 teach "in step 1750, allow the user to search for historical calendar appointments based upon sensor data and context using one or more GUI 1065 available on the user device 1040". The sensor data is coming from the wearable device in step 1745. Using that sensor data from the wearable device to search for information in the user device teaches the user device obtaining information on the first activity of a user related to a first zone).
Kwon, Lowet, and Berliner are considered analogous to the claimed invention as because both are in the same field of controlling a display based on the detected location of a device. Thus, it would have been obvious to a person holding ordinary skill in the art before the effective filing date to modify the electronic device of detecting the location through clustering taught by Kwon in view of Berliner with obtaining information on a first activity based on the identified zone taught by Lowet in order to “trigger actions when a user is engaged in an activity” and to facilitate activity recommendations “based on a user’s schedule and physiological parameters” (Lowet Paragraphs 2 and 10).
26. Regarding claim 12, claim 12 is the method claim of electronic device claim 1 and is accordingly rejected using substantially similar rationale as to that which is set for with respect to claim 1.
27. Regarding claim 13, the claim is similar in scope to claim 2. Therefore, similar rationale as applied in the rejection of claim 2 applies herein.
28. Claim(s) 3-4, 10-11, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al. (U.S. Patent Application Publication No. 2020/0084574 A1), hereinafter referred to as Kwon, Lowet et al. (U.S. Patent Application Publication No. 2018/0000414 A1), hereinafter referred to as Lowet, and Berliner et al. (U.S. Patent Application Publication No. 2024/0297919 A1), hereinafter referred to as Berliner, as applied to claim 1, 9, and 12 above, and further in view of Srinivasan et al. (U.S. Patent Application Publication No. 2019/0065993 A1), hereinafter referred to as Srinivasan.
29. Regarding claim 3, Kwon in view of Lowet and Berliner teach the limitations of claim 1. However, Kwon, Lowet, and Berliner are not relied upon for the below claim language: wherein the processor is configured to identify a pre-trained usage pattern of the HMD device, based on the first activity and the first zone.
Srinivasan teaches wherein the processor is configured to identify a pre-trained usage pattern of the HMD device, based on the first activity and the first zone (Paragraph 98 teaches "process 1500 retrieves multiple activity patterns indicating the situations in which the user performs the action with high likelihood (e.g., a repeated action or actions associated with context and/or conditions, etc.) … each candidate action rule specifies one or more pre-conditions (e.g., based on time, day of week, weather, location/place, etc.) when the action occurs". This teaches identifying a pre-trained usage pattern based on a first activity and first zone; Paragraph 45 teaches the device can be a wearable device. This wearable device can be a HMD device when combined with Berliner, Lowet, and Kwon).
Kwon, Lowet, Berliner, and Srinivasan are considered analogous to the claimed invention as because both are in the same field of controlling a display based on the detected location of a device. Thus, it would have been obvious to a person holding ordinary skill in the art before the effective filing date to modify the electronic device of detecting the location through clustering taught by Kwon in view of Lowet and Berliner with the pre-trained usage pattern taught by Srinivasan in order to allow users to automate frequently repeated tasks and receive intelligent reminders at right contexts (Srinivasan Paragraph 30).
30. Regarding claim 4, Kwon in view of Lowet, Berliner, and Srinivasan teach the limitations of claim 3. However, Kwon, Lowet, and Berliner are not relied upon for the below claim language: wherein the processor is configured to determine the first command based on the pre-trained usage pattern.
Srinivasan teaches wherein the processor is configured to determine the first command based on the pre-trained usage pattern (Paragraph 98 teaches "process 1500 provides a suggestion (e.g., on a display of an electronic device 120, FIG. 2, through a speaker, headset, etc.) on the electronic device for automating the action and provides, on the electronic device, a reminder (e.g., on a display of an electronic device 120, through a speaker, headset, etc.) to perform an automation for the action. In some embodiments, the one or more preferred candidate rules are applied for performing automation of the action". The automation or reminder to perform the automation teaches a command being determined based on the pre-trained usage pattern).
Kwon, Lowet, Berliner, and Srinivasan are considered analogous to the claimed invention as because both are in the same field of controlling a display based on the detected location of a device. Thus, it would have been obvious to a person holding ordinary skill in the art before the effective filing date to modify the electronic device of detecting the location through clustering taught by Kwon in view of Lowet and Berliner with the pre-trained usage pattern taught by Srinivasan in order to allow users to automate frequently repeated tasks and receive intelligent reminders at right contexts (Srinivasan Paragraph 30).
31. Regarding claim 10, Kwon in view of Lowet and Berliner teach the limitations of claim 9. However, Kwon is not relied upon for the below claim language: wherein the processor is configured to: based on identifying that the wearable electronic device identifies that the user is located in the first zone while performing the first activity, obtain information on a first application executed by the HMD device from the HMD device; and train a usage pattern by the user with respect to the HMD device, based on the first activity, the first zone, and the first application.
Lowet teaches wherein the processor is configured to: based on identifying that the wearable electronic device identifies that the user is located in the first zone while performing the first activity (Figure 3 and Paragraphs 63-64 teach detecting the activity of a first user in the first zone or location; Paragraph 91 and Figure 10 teach a packet data network 1095 used to communicate between the wearable electronic device 1005 and electronic device 1040; Paragraph 135 and Figure 17 teach "in step 1750, allow the user to search for historical calendar appointments based upon sensor data and context using one or more GUI 1065 available on the user device 1040". The sensor data is coming from the wearable device in step 1745. Using that sensor data from the wearable device to search for information in the user device teaches the user device obtaining information on the first activity of a user related to a first zone),
Kwon are Lowet are considered analogous to the claimed invention as because both are in the same field of controlling a display based on the detected location of a device. Thus, it would have been obvious to a person holding ordinary skill in the art before the effective filing date to modify the electronic device of detecting the location through clustering taught by Kwon with using GPS and obtaining information on a first activity based on the identified zone taught by Lowet in order to “trigger actions when a user is engaged in an activity” and to facilitate activity recommendations “based on a user’s schedule and physiological parameters” (Lowet Paragraphs 2 and 10).
However, Kwon and Lowet are not relied upon for the below claim language: obtain information on a first application executed by the HMD device from the HMD device; and train a usage pattern by the user with respect to the HMD device, based on the first activity, the first zone, and the first application.
Berliner teaches obtain information on a first application executed by the HMD device from the HMD device (Paragraph 11 teaches there are content placement rules that define how virtual content is viewable through a wearable extended reality appliance. Paragraph 83 teaches the extended reality appliance can be a head mounted display. Paragraph 107 teaches the virtual content is modified based on the state of the user. The state of the user teaches a first activity. This teaches determining a command to display virtual content based on the first activity. Paragraph 478 teaches content placement rules for presenting content at certain geographic locations. This teaches determining a command to display virtual content based on the first zone. Paragraph 98 teaches the remote processing unit 208 controls the XR unit 204 to provide virtual content. The virtual content being provided teaches a command and an application that is run on the XR unit);
Kwon, Lowet, and Berliner are considered analogous to the claimed invention as because both are in the same field of controlling a display based on the detected location of a device. Thus, it would have been obvious to a person holding ordinary skill in the art before the effective filing date to modify the electronic device of detecting the location through clustering taught by Kwon in view of Lowet with obtaining information on a first application based on the first activity and zone taught by Berliner in order to manage the displayed virtual content between public and private locations (Berliner Paragraph 466).
However, Kwon, Lowet, and Berliner are not relied upon for the below claim language: train a usage pattern by the user with respect to the HMD device, based on the first activity, the first zone, and the first application.
Srinivasan teaches training a usage pattern by the user with respect to the HMD device, based on the first activity, the first zone, and the first application (Paragraph 5 teaches determining an activity pattern and a candidate action rule. This teaches training a usage pattern by the user by determining the preferred candidate action rules based on the activity pattern; Paragraph 98 teaches "process 1500 retrieves multiple activity patterns indicating the situations in which the user performs the action with high likelihood (e.g., a repeated action or actions associated with context and/or conditions, etc.) … each candidate action rule specifies one or more pre-conditions (e.g., based on time, day of week, weather, location/place, etc.) when the action occurs". This teaches identifying a pre-trained usage pattern based on a first activity and first zone. Thus, a usage pattern of the user with respect to the wearable device is trained; Paragraph 45 teaches the device can be a wearable device. This can be a HMD device when combined with Berliner, Lowet, and Kwon.).
Kwon, Lowet, Berliner, and Srinivasan are considered analogous to the claimed invention as because both are in the same field of controlling a display based on the detected location of a device. Thus, it would have been obvious to a person holding ordinary skill in the art before the effective filing date to modify the electronic device of detecting the location through clustering taught by Kwon in view of Lowet and Berliner with the pre-trained usage pattern taught by Srinivasan in order to allow users to automate frequently repeated tasks and receive intelligent reminders at right contexts (Srinivasan Paragraph 30).
32. Regarding claim 11, Kwon in view of Lowet, Berliner, and Srinivasan teach the limitations of claim 10. However, Kwon is not relied upon for the below claim language: wherein the processor is configured to determine the first command in relation to the first application, based on the first activity and the first zone.
Berliner teaches wherein the processor is configured to determine the first command in relation to the first application, based on the first activity and the first zone (Paragraph 11 teaches there are content placement rules that define how virtual content is viewable through a wearable extended reality appliance. Paragraph 83 teaches the extended reality appliance can be a head mounted display. Paragraph 107 teaches the virtual content is modified based on the state of the user. The state of the user teaches a first activity. This teaches determining a command to display virtual content based on the first activity; Paragraph 478 teaches content placement rules for presenting content at certain geographic locations. This teaches determining a command to display virtual content based on the first zone. Paragraph 98 teaches the remote processing unit 208 controls the XR unit 204 to provide virtual content. The virtual content being provided teaches a command and a first application run on the XR unit.).
Kwon, Lowet, Berliner, and Srinivasan are considered analogous to the claimed invention as because both are in the same field of controlling a display based on the detected location of a device. Thus, it would have been obvious to a person holding ordinary skill in the art before the effective filing date to modify the electronic device of detecting the location through clustering taught by Kwon in view of Lowet and Srinivasan with the first command determined based on the first activity and first zone taught by Berliner in order to in order to manage the displayed virtual content between public and private locations (Berliner Paragraph 466).
33. Regarding claim 14, the claim is similar in scope to claim 3. Therefore, similar rationale as applied in the rejection of claim 3 applies herein.
34. Regarding claim 15, the claim is similar in scope to claim 4. Therefore, similar rationale as applied in the rejection of claim 4 applies herein.
Conclusion
35. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jang et al. (U.S. Patent Application Publication No. 2018/0063673 A1) teaches receiving access point information from a plurality of AP devices to perform a function based on that information.
Kahan et al. (U.S. Patent Application Publication No. 2023/0143891 A1) teaches controlling the display of digital objects based on the usage status of a wearable extended reality device.
36. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE Y AHN whose telephone number is (571)272-0672. The examiner can normally be reached M-F 9-5pm.
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/CHRISTINE YERA AHN/Examiner, Art Unit 2615
/ALICIA M HARRINGTON/Supervisory Patent Examiner, Art Unit 2615
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