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 .
Claim Rejections - 35 USC § 103
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.
Use of indicates a limitation is not explicitly disclosed by the reference alone.
Claim(s) 1-9, 12, 14, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokuchi (US 2021/0192028)
Claim 1
Tokuchi discloses a control system (Tokuchi, ¶ 31: “a control apparatus 20 that controls devices including the aerial image forming device 10”) comprising:
a memory storing instructions (Tokuchi, ¶ 50: “The processor 21 is, for example, a CPU. The storage device 22 includes a read only memory (ROM) in which a basic input output system (BIOS) and the like are stored, a random access memory (RAM) used as a work area, and a hard disk device in which a basic program, an application program, and the like are stored.”); and
at least one processor configured to execute the instructions to (Tokuchi, ¶ 50: “The processor 21 is, for example, a CPU. The storage device 22 includes a read only memory (ROM) in which a basic input output system (BIOS) and the like are stored, a random access memory (RAM) used as a work area, and a hard disk device in which a basic program, an application program, and the like are stored.”):
detect a face of a person using a sensor (Tokuchi, ¶ 31, 40: “a camera 30 that is used to acquire information on characteristics of a body of a person… In a case where a face is used for authentication, an aerial image for guiding a head to specific height and direction is formed”);
perform control in such a way that when a screen other than a specific screen among a plurality of screens to be displayed on a non- contact display is displayed, an aerial image formation of the non-contact display includes a predetermined height (Tokuchi, ¶ 70: “the height or coordinates within a horizontal plane are set so that a face of an adult can be guided thereto”), a predetermined position (Tokuchi, ¶ 70: “The position and the like include not only coordinates within a horizontal plane, but also a coordinate in a height direction.”), a predetermined orientation (Tokuchi, ¶ 36: “he direction is given, for example, by a rotation angle from a reference direction within a horizontal plane, and the inclination is given, for example, by a rotation angle from a vertical direction.”), and a predetermined size (Tokuchi, ¶ 71: “a size of the aerial image is set. The size of the aerial image is set in accordance with a body size of the person who requests authentication. This is because an adult and a child are different in size of a head and size of a hand.”); and
perform control to change at least any one of a height, a position, an orientation, and a size of the aerial image formation for displaying the specific screen based on a position of the detected face of the person when the specific screen is displayed (e.g. authentication screen; Tokuchi, ¶ 99: “a height at which an aerial image is formed may be changed in accordance with a height of a head or a posture of the person”).
The above limitations are disclosed in different embodiments. Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to combine the above. This is suggested by Tokuchi “In the present exemplary embodiment, the techniques described in the first exemplary embodiment and the second exemplary embodiment may be combined.”
Claim 2
Tokuchi discloses wherein in a case where the person is a user of the non-contact display, a position of the face is at least any one of a height of the face, a position of an eye of the face, and a position of the face with respect to the non-contact display (Tokuchi, ¶ 31, 40: “a camera 30 that is used to acquire information on characteristics of a body of a person… In a case where a face is used for authentication, an aerial image for guiding a head to specific height and direction is formed”)
Claim 3
Tokuchi discloses wherein in a case where the person is a user of the non-contact display, a position of the face is a height of the face (Tokuchi, ¶ 70: “The position and the like include not only coordinates within a horizontal plane, but also a coordinate in a height direction.”), and wherein the at least one processor is further configured to execute the instructions to:
display specific information at a position in the aerial image formation based on the height of the face (Tokuchi, ¶ 70: “The position and the like include not only coordinates within a horizontal plane, but also a coordinate in a height direction.”) and a viewing angle of the non-contact display (Tokuchi, ¶ 36: “he direction is given, for example, by a rotation angle from a reference direction within a horizontal plane, and the inclination is given, for example, by a rotation angle from a vertical direction.”).
Claim 4
Tokuchi discloses wherein the at least one processor is further configured to execute the instructions to:
display specific information at a specific position of the aerial image formation (Tokuchi, ¶ 70: “The position and the like include not only coordinates within a horizontal plane, but also a coordinate in a height direction.”).
Claim 5
Tokuchi discloses wherein in a case where the person is another person other than a user of the non-contact display, a position of the face is at least any one of a position of the face with respect to the user and a position of the face with respect to the non-contact display (e.g. authenticating a new user; Tokuchi, ¶ 52: “used to acquire information on characteristics of a body of a person who requests authentication such as a body height of the person, an age group to which the person belongs, a direction in which the body of the person is facing, and whether or not the person is in a wheelchair and information on an environment in a place where authentication is executed such as whether or not there is an obstacle in a space where an aerial image can be formed. The information on characteristics of a body of a person who requests authentication and the information on an environment in a place where authentication is executed are examples of a situation in a place where authentication is executed”)
Claim 6
Tokuchi discloses wherein in a case where the person is another person other than a user of the non-contact display;
wherein the at least one processor is further configured to execute the instructions to:
perform control to change at least any one of a size of the aerial image formation and a position of the aerial image formation based on a position of the face of the another person in the change (e.g. authenticating a new user; Tokuchi, ¶ 52: “used to acquire information on characteristics of a body of a person who requests authentication such as a body height of the person, an age group to which the person belongs, a direction in which the body of the person is facing, and whether or not the person is in a wheelchair and information on an environment in a place where authentication is executed such as whether or not there is an obstacle in a space where an aerial image can be formed. The information on characteristics of a body of a person who requests authentication and the information on an environment in a place where authentication is executed are examples of a situation in a place where authentication is executed…in a case where a body part used for authentication is changed depending on the age group, the acquired information on the age group is used to change contents of an aerial image”).
Claim 7
Tokuchi discloses wherein in a case where the person is another person other than a user of the non- contact display; wherein the at least one processor is further configured to execute the instructions to:
display specific information at a position on the specific screen based on a position of the face of the another person (Tokuchi, ¶ 18: “FIGS. 9A through 9C are views for explaining another example of progress of authentication using an aerial image and notification of success of the authentication, FIG. 9A illustrates a state at a time T1 before start of the authentication, FIG. 9B illustrates a state at a time T2 at which formation of an aerial image has started, and FIG. 9C illustrates a state at a time T3 at which the authentication has ended”).
Claim 8
Tokuchi discloses claim 1,wherein the at least one processor is further configured to execute the instructions to:
perform control to change a size of the aerial image formation based on an attribute of a user of the non-contact display in the change (Tokuchi ¶ 71: “a size of the aerial image is set. The size of the aerial image is set in accordance with a body size of the person who requests authentication. This is because an adult and a child are different in size of a head and size of a hand.”).
Claim 9
Tokuchi discloses wherein in a case where the person is another person other than a user of the non- contact display, wherein the at least one processor is further configured to execute the instructions to:
determine a size and a position of the specific screen in the aerial image formation based on a position of the face of the another person (Tokuchi, ¶ 108: “s controlled in accordance with a body height of a person”)
display the specific screen at the determined size and position in a region displayable by a display included in the non-contact display (Tokuchi, ¶ 108: “ For example, in a case where authentication of two adults is successively executed, a direction and an inclination of an aerial image expressing an information terminal may be changed every authentication”); and
display predetermined information in another region (Tokuchi, ¶ 109: “For example, the position may be changed after authentication is executed three times. Next, the position may be changed after authentication is executed two times. Then, the position may be changed after authentication is executed five times.”).
Claim 12
Tokuchi discloses wherein the specific screen is a screen including personal information of a user of the non-contact display (e.g. an authentication screen; content type; etc; Tokuchi, ¶ 64: “the acquired information on the age group is used to change contents of an aerial image.”)
Claim 14
Tokuchi discloses wherein the at least one processor is further configured to execute the instructions to:the control means controls control at least any one of a position and an orientation of the aerial image formation by controlling an angle between a display included in the non-contact display and an optical element included in the non-contact display (Tokuchi, ¶ 48: “Examples of such methods include a method using a half mirror, a method using a beam splitter, a method using a minute mirror array, a method using a minute lens array, and a method using plasma emission or hologram. An aerial image formed by any of these methods allows an object to pass therethrough.”).
Claim 17
Tokuchi discloses further comprising:
wherein the at least one processor is further configured to execute the instructions to:
acquire, for each user, data in which biometric data of the each user and physical data indicating a height of the each user are associated with each other (Tokuchi, ¶ 53: “he information used for authentication includes information for identifying an individual such as a name, an employee number, a member number, a fingerprint pattern image, or a vein pattern image of the person who requests authentication.”); and
perform biometric authentication of the each user based on biometric data of a current user of the non-contact display and the acquired biometric data (Tokuchi, ¶ 52: “camera 30 is used to acquire information on characteristics of a body of a person who requests authentication such as a body height of the person, an age group to which the person belongs, a direction in which the body of the person is facing, and whether or not the person is in a wheelchair and information on an environment in a place where authentication is executed such as whether or not there is an obstacle in a space where an aerial image can be formed. The information on characteristics of a body of a person who requests authentication and the information on an environment in a place where authentication is executed are examples of a situation in a place where authentication is executed. Note that a situation in a place where authentication is executed is specified by the processor 21.”),
perform the biometric authentication in a case where the person is a user of the non-contact display (Tokuchi, ¶ 5: “techniques for authenticating an individual by reading biological information without physical contact of a body part with a reading device.”), and
perform control to change at least any one of a height, a position, an orientation, and a size of the aerial image formation based on a position of a face of the user according to a height represented by physical data of the authenticated user when the specific screen is displayed (Tokuchi, ¶ 36, 70, 71: “the height or coordinates within a horizontal plane are set so that a face of an adult can be guided thereto…The position and the like include not only coordinates within a horizontal plane, but also a coordinate in a height direction…The direction is given, for example, by a rotation angle from a reference direction within a horizontal plane, and the inclination is given, for example, by a rotation angle from a vertical direction…a size of the aerial image is set. The size of the aerial image is set in accordance with a body size of the person who requests authentication. This is because an adult and a child are different in size of a head and size of a hand.”);.
Claim 18
The same teachings and rationales in claim 1 are appliable to claim 18.
Claim 19
Examiner’s Interpretation:
Claim 19 as drafted recites computer-readable tangible recording medium.
Applicant’s specification defines recording medium at paragraph 151 as:
The program described in each example embodiment is recorded in a computer-readable recording medium such as an HDD, an SSD, a flexible disk, an optical disk, a flexible disk, a magnetic optical disk, or a USB memory. The program is executed by being read from the recording medium by the computer. The program may be distributed via the communication network NT.
A “computer readable recording medium” and the like, unless defined to the contrary in the specification or prosecution history would not ordinarily include signal media and the like (see SEQUOIA TECHNOLOGY, LLC vs. Dell, Inc. et al)
Without further definition, the plain mean of recording indicates a permanent reproducible storage medium.
Therefore, the permanent, reproducible nature of a “record” as indicated by the plain meaning weighs against interpretation as a transitory signal which is fleeting and does not persist over time.
The broadest reasonable interpretation of the claimed medium in view of Applicant’s specification covers only eligible subject matter.
Claim Mapping:
The same teachings and rationales in claim 1 are applicable to claim 19.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokuchi (US 2021/0192028) and Tokuchi (US 2019/0228689)(Tokuchi ‘689)
Claim 10
Tokuchi does not explicitly disclose, but Tokuchi ‘689 wherein the predetermined information is information related to calling attention indicating that the another person is present (e.g. change based on which person is nearest; Tokuchi ‘689: “In FIGS. 14A and 14B, while the person 20A who is located farther from the aerial image 11 does not approach the aerial image 11, the person 20B who is located nearer to the aerial image 11 is approaching the aerial image 11.”).
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to control the display as claimed.
As suggested by Tokuchi, different display technologies can be used (Tokuchi, ¶ 48: “Examples of such methods include a method using a half mirror, a method using a beam splitter, a method using a minute mirror array, a method using a minute lens array, and a method using plasma emission or hologram. An aerial image formed by any of these methods allows an object to pass therethrough.”), and one of ordinary skill in the art would have motivation to adjust the size of display depending on the underlying technology. One of ordinary skill in the art would have had a reasonable expectation of success because both references consider adjustment of the display content.
Claim(s) 11, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokuchi (US 2021/0192028) and Tokuchi (US 2019/0227489)(Tokuchi ‘489)
Claim 11
Tokuchi does not explicitly disclose, but Tokuchi ‘489 discloses wherein the predetermined information is information related to an advertisement of a store or information related to an advertisement of a product (Tokuchi ‘489: “displays a guidance screen or an advertisement screen. Alternatively, the aerial image 10 may be an operation screen in which the display changes in response to an operation performed by a person. Therefore, the guidance screen or the advertisement screen whose display contents change in response to an operation is an example of an operation screen.”).
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to control the display as claimed.
As suggested by Tokuchi, different display technologies can be used (Tokuchi, ¶ 48: “Examples of such methods include a method using a half mirror, a method using a beam splitter, a method using a minute mirror array, a method using a minute lens array, and a method using plasma emission or hologram. An aerial image formed by any of these methods allows an object to pass therethrough.”), and one of ordinary skill in the art would have motivation to adjust the size of display depending on the underlying technology. One of ordinary skill in the art would have had a reasonable expectation of success because both references consider adjustment of the display content.
Claim 15
Tokuchi does not explicitly disclose, but Tokuchi ‘489 discloses wherein the at least one processor is further configured to execute the instructions to:the control means changes change at least any one of a position and a size of the aerial image formation by controlling display of a display included in the non-contact display (Tokuchi ‘489: “, the size of the image displayed on the display device 41 is equal to the size of the aerial image 10.”).
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to control the display as claimed.
As suggested by Tokuchi, different display technologies can be used (Tokuchi, ¶ 48: “Examples of such methods include a method using a half mirror, a method using a beam splitter, a method using a minute mirror array, a method using a minute lens array, and a method using plasma emission or hologram. An aerial image formed by any of these methods allows an object to pass therethrough.”), and one of ordinary skill in the art would have motivation to adjust the size of display depending on the underlying technology. One of ordinary skill in the art would have had a reasonable expectation of success because both references consider adjustment of the display content.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokuchi (US 2021/0192028) and Vrachan (US 2008/0051933)
Claim 13
Tokuchi does not explicitly disclose, but Vrachan discloses wherein the specific screen is at least any one of a registration screen of a product and a payment screen of the registered product (Vrachan, ¶ 45: “an enclosure, indicated generally at 102, an aerial display device 104 for generating aerial images of the products sold by the vending machine or used to display advertising of other products/promotions, a payment mechanism 106 for accepting currency and for returning change, as appropriate, and a dispensing mechanism 108 for dispensing products when a consumer makes a purchase. While vending machine 100 may include a plurality of selection buttons 110 for selecting a product from a list of products, such buttons are optional. In other embodiments, a touch screen display 111.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to control image content as claimed.
As suggested by Tokuchi, different display technologies can be used (Tokuchi, ¶ 48: “Examples of such methods include a method using a half mirror, a method using a beam splitter, a method using a minute mirror array, a method using a minute lens array, and a method using plasma emission or hologram. An aerial image formed by any of these methods allows an object to pass therethrough.”), and one of ordinary skill in the art would have motivation to adjust the display depending on the underlying technology and mounting configuration. One of ordinary skill in the art would have had a reasonable expectation of success because both references consider adjustment of the display content.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokuchi (US 2021/0192028) and Tanaka (US 2018/0275414)
Claim 16
Tokuchi does not explicitly disclose, but Tanaka discloses wherein the at least one processor is further configured to execute the instructions to:the control means controls control a height of the aerial image formation by controlling a height of a table on which the non-contact display is installed (Tanaka, ¶ 74: “In addition to the constituent elements of display device 2 according to the first exemplary embodiment, display device 2A further includes driver 50. Driver 50 includes, for example, a motor for shifting display unit 4A with respect to imaging optical element 6. Moreover, controller 10A of display device 2A includes operation screen image renderer 38A, in place of operation screen image renderer 38 shown in FIG. 3. Other than the just-described components, the fundamental configuration is similar to that of display device 2.”)
Before the effective filing date of this application, it would have been obvious to one of ordinary skill in the art to control the display height as claimed.
As suggested by Tokuchi, different display technologies can be used (Tokuchi, ¶ 48: “Examples of such methods include a method using a half mirror, a method using a beam splitter, a method using a minute mirror array, a method using a minute lens array, and a method using plasma emission or hologram. An aerial image formed by any of these methods allows an object to pass therethrough.”), and one of ordinary skill in the art would have motivation to adjust the display depending on the underlying technology and mounting configuration. One of ordinary skill in the art would have had a reasonable expectation of success because both references consider adjustment of the display content.
Additional Prior Art
Additional prior art relevant to Applicant’s disclosure but not relied upon:
Nakashima (US 2018/0003979) also considers similar images.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN M GRAY whose telephone number is (571)272-4582. The examiner can normally be reached on Monday through Friday, 9:00am-5:30pm (EST).
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/RYAN M GRAY/Primary Examiner, Art Unit 2611
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