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 .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 04/04/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
4. Claims 1-11 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-11 of Patent No. 12,299,771. Although the conflicting claims are not identical, they are not patentably distinct from each other because the instant application claims are broader in every aspect than the patent claims and are therefore an obvious variant thereof.
5. Regarding claim 1, the application claim discloses A video display device that displays a traveled route that is completed by a user, the video display device comprising: a sensor that detects i) positions of the user based on global position coordinates, and ii) movement directions of the user wearing the video display device; route information acquisition circuitry that acquires route information of the traveled route of the user based on the positions and the movement directions detected by the sensor; a storage that stores the route information of the user acquired by the route information acquisition circuitry; a display that displays the traveled route of the user; and a control circuitry that stores the route information, and displays, on the display, the traveled route of the user and a generated user's avatar on the traveled route, and moves the avatar in reverse along the traveled route of the user based on a current visual field area of the user and the route information of the user stored in the storage, wherein, when moving the avatar in reverse along the traveled route of the user, the control circuitry moves the avatar from a current point of the user to a previous passing of the user on the traveled route, and wherein, when the avatar is generated and displayed, the control circuitry uses the movement directions of the user stored in the storage to determine a direction of the avatar. Claim 1 of Patent No. 12,299,771 discloses A video display device that is worn on a head of a user and displays a traveled route that is completed by the user, the video display device comprising: a sensor that detects i) positions of the user based on global position coordinates, and ii) a direction and a height of the head of the user wearing the video display device; route information acquisition circuitry that acquires route information of the traveled route of the user based on the positions detected by the sensor; a storage that stores the route information of the user acquired by the route information acquisition circuitry, user information of the height and the direction of the head of the user, and information of an avatar which is a virtual image indicating the user; a display that displays the traveled route of the user with the avatar; and a control circuitry that stores the route information and the user information, generates the avatar from the information of the avatar stored in the storage, calculates a current visual field area of the user using the sensor, and displays, on the display, the traveled route of the user and the generated avatar on the traveled route, and moves the avatar in reverse along the traveled route of the user based on the current visual field area of the user and the route information of the user stored in the storage, wherein, when moving the avatar in reverse along the traveled route of the user, the control circuitry moves the avatar from a current point of the user to a previous passing point of the user on the traveled route, and wherein, when the avatar is generated and displayed, the control circuitry compares height information of the user with the user information of the height and the direction of the head of the user stored in the storage to determine a posture and a direction of a face of the avatar. Regarding claim 1, the only difference is that claim 1 of the instant application recites “movement directions” and does not recite “worn on a head of a user, a height of the head, user information of the height and the direction of the head of the user, and information of an avatar which is a virtual image indicating the user, generates the avatar from the information of the avatar stored in the storage, calculates a current visual field area of the user using the sensor, compares height information of the user with the user information of the height and the direction of the head of the user, a posture and a direction of a face of the avatar. ” while claim 1 of Patent No. 12,299,771 recites. Movement directions of the user are directions of the head of the user when the user moving around, and the movement directions store in/with the route information. Regarding claims 4, 9 and 10, the analyses are similar to that of claim 1; the rationale of claim 1 rejection is applied in rejecting claims 4, 9 and 10. Therefore, the claims in the present application recite a broader scope than the claims in the Patent No. 12,299,771.
6. The following table shows the claims of the current application being examined and the conflicting claims of Patent No. 12,299,771.
Current Application No.
19/170,665
Patent No.
12,299,771
1
1
2
2
3
6
4
8
5
7
6
3
7
4
8
5
9
9
10
10
11
11
The following table shows an example of the corresponding conflicting claims of the current application and Patent No. 12,299,771.
Current Application No.
19/170,665
Claim 1
Patent No.
12,299,771
Claim 1
A video display device that displays a traveled route that is completed by a user,
A video display device that is worn on a head of a user and displays a traveled route that is completed by the user,
the video display device comprising: a sensor that detects i) positions of the user based on global position coordinates,
the video display device comprising: a sensor that detects i) positions of the user based on global position coordinates,
and ii) movement directions of the user wearing the video display device;
and ii) a direction and a height of the head of the user wearing the video display device;
route information acquisition circuitry that acquires route information of the traveled route of the user based on the positions and the movement directions detected by the sensor;
route information acquisition circuitry that acquires route information of the traveled route of the user based on the positions detected by the sensor;
a storage that stores the route information of the user acquired by the route information acquisition circuitry; a display that displays the traveled route of the user;
a storage that stores the route information of the user acquired by the route information acquisition circuitry, user information of the height and the direction of the head of the user, and information of an avatar which is a virtual image indicating the user; a display that displays the traveled route of the user with the avatar;
and a control circuitry that stores the route information, and displays, on the display, the traveled route of the user and a generated user's avatar on the traveled route, and moves the avatar in reverse along the traveled route of the user based on a current visual field area of the user and the route information of the user stored in the storage,
and a control circuitry that stores the route information and the user information, generates the avatar from the information of the avatar stored in the storage, calculates a current visual field area of the user using the sensor, and displays, on the display, the traveled route of the user and the generated avatar on the traveled route, and moves the avatar in reverse along the traveled route of the user based on the current visual field area of the user and the route information of the user stored in the storage,
wherein, when moving the avatar in reverse along the traveled route of the user, the control circuitry moves the avatar from a current point of the user to a previous passing of the user on the traveled route,
wherein, when moving the avatar in reverse along the traveled route of the user, the control circuitry moves the avatar from a current point of the user to a previous passing point of the user on the traveled route,
and wherein, when the avatar is generated and displayed, the control circuitry uses the movement directions of the user stored in the storage to determine a direction of the avatar.
and wherein, when the avatar is generated and displayed, the control circuitry compares height information of the user with the user information of the height and the direction of the head of the user stored in the storage to determine a posture and a direction of a face of the avatar.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michelle Chin whose telephone number is (571)270-3697. The examiner can normally be reached on Monday-Friday 8:00 AM-4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http:/Awww.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Kent Chang can be reached on (571)272-7667. 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:/Awww.uspto.gov/patents/apply/patent- center for more information about Patent Center and https:/Awww.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.
/MICHELLE CHIN/
Primary Examiner, Art Unit 2614
Prosecution Insights