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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because it recites "A computer-readable storage medium" in line 1 of the claim which do not have a physical or tangible form.
Accordingly, the Broadest Reasonable Interpretation of "A computer-readable storage medium " covers transitory signals such as carrier waves, which is non- statutory.
The Examiner suggests amending the claim to recite "A non-transitory computer-readable storage medium " in order to overcome the current 35 U.S.C. § 101 rejection.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 5, 7, are 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitao et al. (JP 2006164069 A, cited in the Information Disclosure Statement (IDS), attached English machine translation is used in the rejection).
As to claim 1, Kitao et al. teaches a display control device ([0001]) comprising:
a memory storing instructions ([0016]: window display program stored in window attribute storage unit 7); and
a processor ([0016]: central processing unit) connected to the memory ([0016]: window display program stored in the window attribute storage unit 7) and configured to execute the instructions to:
group a plurality of relevant virtual windows as a window group ([0007-0008];[0027];[0029-0031];[0041]: categorizes windows according to categories); and
determine a window group to be disposed in a region of interest based on a priority of each of the virtual windows ([0007]: When any virtual object is selected, the multiple windows belonging to the category associated with that virtual object are highlighted (e.g. windows belonging to the category associated with that selected virtual object are prioritized);[0009];[0027]: the control unit 9 displays only windows W1, W2, W5, and W7 belonging to the "Artist" category of the control sphere SQ1;[0052]: The state in which the control sphere selection mode is set is as shown in Figure 3 , a state in which windows W1, W2, W5, and W7 belonging to the category "Artist" of the selected control sphere SQ1 are each raised from the three-dimensional virtual space VS and highlighted).
As to claim 2, Kitao et al. teaches the display control device according to claim 1, wherein the processor is configured to execute the instructions to determine placement of the virtual windows included in the window group based on at least one of a relevance ratio ([0007]; [0009]: multiple windows belonging to the category associated with the virtual object (e.g. relevance ratio);[0015]: operation sphere as a virtual object;[0019]: control sphere SQ1 represents the category "Artist”;[0026-0027]) and the priority that are each information indicating relevance of the virtual windows ([0015]: operation sphere as a virtual object;[0019];[0026-0027]: the control unit 9 displays only windows W1, W2, W5, and W7 belonging to the "Artist" category of control sphere SQ1;[0052]: The state in which the control sphere selection mode is set is as shown in Figure 3 , a state in which windows W1, W2, W5, and W7 belonging to the category "Artist" of the selected control sphere SQ1 are each raised from the three-dimensional virtual space VS and highlighted).
As to claim 5, Kitao et al. teaches the display control device according to claim 1, wherein the virtual windows are each associated with window tag information for identifying a type of corresponding one of the virtual windows ([0009]: multiple windows belonging to the category associated with the virtual object; [0015]: operation sphere as a virtual object [0019]: control sphere SQ1 represents the category "Artist" ) , and the processor is configured to execute the instructions to group virtual windows identical in the window tag information as the window group ([0009]: multiple windows belonging to the category associated with the virtual object; [0015]: operation sphere as a virtual object [0019]: control sphere SQ1 represents the category "Artist";[0027]).
As to claim 7, Kitao et al. teaches the display control device according to claim 1, wherein the processor is configured to execute the instructions to determine to dispose the window group including the virtual window having the highest priority in the region of interest ([0007-0010]: When any virtual object is selected, the multiple windows belonging to the category associated with that virtual object are highlighted, select desired window (selected window having the highest priority) by specifying it through the virtual object;[0009];[0027]: the control unit 9 displays only windows W1, W2, W5, and W7 belonging to the "Artist" category of the control sphere SQ1;[0029];[0052]: The state in which the control sphere selection mode is set is as shown in Figure 3 , a state in which windows W1, W2, W5, and W7 belonging to the category "Artist" of the selected control sphere SQ1 are each raised from the three-dimensional virtual space VS and highlighted).
As to claim 9, Kitao et al. teaches a display control method comprising: grouping a plurality of relevant virtual windows as a window group using a display control device ([0007-0008];[0016]: window display device; [0027];[0029-0031];[0041]: categorizes windows according to categories); and determining a window group to be disposed in a region of interest based on a priority of each of the virtual windows using the display control device ([0007]: When any virtual object is selected, the multiple windows belonging to the category associated with that virtual object are highlighted (e.g. windows belonging to the category associated with that selected virtual object are prioritized); [0009];[0027]: the control unit 9 displays only windows W1, W2, W5, and W7 belonging to the "Artist" category of the control sphere SQ1;[0052]: The state in which the control sphere selection mode is set is as shown in Figure 3 , a state in which windows W1, W2, W5, and W7 belonging to the category "Artist" of the selected control sphere SQ1 are each raised from the three-dimensional virtual space VS and highlighted).
As to claim 10, Kitao et al. teaches a computer-readable storage medium that stores a computer program for causing a computer ([0001]; [0016]: window display program stored in window attribute storage unit 7) to execute processing of: grouping a plurality of relevant virtual windows into a window group([0007-0008];[0016]: window display device; [0027];[0029-0031];[0041]: categorizes windows according to categories); and determining the window group to be disposed in a region of interest based on a priority of each of the virtual windows ([0007]: When any virtual object is selected, the multiple windows belonging to the category associated with that virtual object are highlighted (e.g. windows belonging to the category associated with that selected virtual object are prioritized); [0009]; [0027]: the control unit 9 displays only windows W1, W2, W5, and W7 belonging to the "Artist" category of the control sphere SQ1;[0052]: The state in which the control sphere selection mode is set is as shown in Figure 3 , a state in which windows W1, W2, W5, and W7 belonging to the category "Artist" of the selected control sphere SQ1 are each raised from the three-dimensional virtual space VS and highlighted).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitao et al. (JP 2006164069 A, cited in the Information Disclosure Statement (IDS), attached English machine translation is used in the rejection) in view of Etwaru et al. (US 11475610 B1).
As to claim 3, Kitao et al. teaches the display control device according to claim 1, but does not explicitly disclose wherein the processor is configured to execute the instructions to calculate the priority, and determine the priority in accordance with a length of time during which a user gazes at each of the virtual windows.
However, Etwaru et al. teaches wherein the processor is configured to execute the instructions
to calculate the priority, and determine the priority in accordance with a length of time during which a user gazes at each of the virtual windows (col. 22, line 57-col. 23, line 5: the rank of the first window higher than the rank of the second window because the gaze time of the first window is higher than the gaze time of the second window; col. 42, lines 32-39).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Kitao et al. by calculating the priority, and determine the priority in accordance with a length of time during which a user gazes at each of the virtual windows as taught by Etwaru et al. in order to provide improved performance and engagement of the user.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitao et al. (JP 2006164069 A, cited in the Information Disclosure Statement (IDS), attached English machine translation is used in the rejection) in view of Sonohara (JPH10260810 A, cited in the Information Disclosure Statement (IDS), attached English machine translation is used in the rejection).
As to claim 4, Kitao et al. teaches the display control device according to claim 2, but does not explicitly disclose wherein the processor is configured to execute the instructions to calculate the relevance ratio, and determine the relevance ratio in accordance with a frequency of alternate reference to the virtual windows performed by the user.
However, Sonohara teaches wherein the processor is configured to execute the
instructions to calculate the relevance ratio, and determine the relevance ratio in accordance with a frequency of alternate reference to the virtual windows performed by the user ([0026]; [0029]: determine priority based on the transition relationship and number of transitions to newly input-enabled windows, user's frequency of window use; [0032]: number of times windows has been transitioned).
It would have been obvious to one of ordinary skill in the art before the effective filing
date of the claimed invention to modify the device of Kitao et al. by calculating the relevance
ratio, and determine the relevance ratio in accordance with a frequency of alternate reference
to the virtual windows performed by the user as taught by Sonohara in order to improve user
operability of display device.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitao et al. (JP 2006164069 A, cited in the Information Disclosure Statement (IDS), attached English machine translation is used in the rejection) in view of Berliner et al. (US 2023/0139626 A1).
As to claim 8, Kitao et al. teaches a display control system comprising: the display control device according to claim 1 (see rejection for claim 1); and wherein the display control device is configured to transmit placement of a virtual window determined by the display control device ([0014]: generates a three-dimensional virtual space for displaying multiple windows three-dimensionally on the screen), but does not explicitly disclose smart glasses including at least display, wherein the display control device is configured to transmit placement of a virtual window determined by the display control device to the smart glasses, and the smart glasses are configured to control a video to be displayed on the display of the smart glasses based on the placement of the virtual window received from the display control device.
However, Berliner et al. teaches smart glasses including at least display ([0121];[0319]: display via smart glasses, e.g., wearable extended reality appliance;[0149]), wherein the display control device is configured to transmit placement of a virtual window determined by the display control device to the smart glasses ([0120];[0149];[0497]: displaying preview of the generated video in a separate virtual window), and the smart glasses are configured to control a video to be displayed on the display of the smart glasses based on the placement of the virtual window received from the display control device ([0120];[0319]: display via smart glasses, e.g., wearable extended reality appliance; [0497]: displaying preview of the generated video in a separate virtual window ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Kitao et al. by providing smart glasses including at least display, wherein the display control device is configured to transmit placement of a virtual window determined by the display control device to the smart glasses, and the smart glasses are configured to control a video to be displayed on the display of the smart glasses based on the placement of the virtual window received from the display control device as taught by Berliner et al. in order to provide productivity applications using an extended reality environment.
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACY KHOO whose telephone number is (571)270-3698. The examiner can normally be reached Mon-Fri 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Eason can be reached at 571-270-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STACY KHOO/Primary Examiner, Art Unit 2624
