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 .
Double Patenting
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-7 of U.S. Patent No. 12,293,471 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are encompassed by claims of the issued patent and/or substantially identical *i.e. as shown below.
U.S. 19/174,070
U.S. Patent No. 12,293,471
1. A method of operating a portable electronic device of a first type in a cross reality system in which devices of multiple types interact with a remote localization service via at least one network, the method comprising:
capturing a plurality of images with one or more sensors on the portable electronic device of the first type,
wherein the plurality of images comprise pixels depicting a three-dimensional (3D) environment of the portable electronic device of the first type at a time of capture, and the capturing is controlled by a native AR framework of the portable electronic device of the first type;
modifying characteristics of the plurality of images captured with the one or more sensors on the portable electronic device of the first type with respect to images captured with electronic devices of a second type,
wherein the native AR framework of the portable electronic device of the first type is not configured to operate with the remote localization service, and the electronic devices of the second type comprise native AR frameworks configured to operate with the remote localization service;
causing information related to at least a subset of the plurality of modified images to be transmitted to the remote localization service;
obtaining, from the remote localization service, a transformation between a first coordinate frame local to the portable electronic device of the first type and a second coordinate frame shared with the electronic devices of the second type; and
rendering, based on the obtained transformation, a virtual object positioned in a location with respect to the 3D environment such that the virtual object is accessible to both the portable electronic device of the first type and the electronic devices of the second type at the location with respect to the 3D environment.
1. A method of operating a portable electronic device of a first type in a cross reality system in which devices of multiple types interact with a remote localization service via at least one network, the method comprising:
capturing a plurality of images with one or more sensors on the portable electronic device of the first type,
wherein the plurality of images comprise pixels depicting a three-dimensional (3D) environment of the portable electronic device of the first type at a time of capture, and the capturing is controlled by a native AR framework of the portable electronic device of the first type;
modifying, by an interface component of the portable electronic device of the first type, the plurality of images to normalize values of the pixels in the plurality of images captured with the one or more sensors on the portable electronic device of the first type with respect to values of pixels in images captured with electronic devices of a second type such that the values of the pixels in the plurality of images captured with the one or more sensors on the portable electronic device of the first type are more consistent with the values of pixels in images captured with electronic devices of the second type,
wherein the native AR framework of the portable electronic device of the first type is not configured to operate with the remote localization service, and the electronic devices of the second type comprise native AR frameworks configured to operate with the remote localization service; and
causing information related to at least a subset of the plurality of modified images to be transmitted to the remote localization service (claim1),
obtaining, from the remote localization service, a transformation between a first coordinate frame local to the portable electronic device of the first type and a second coordinate frame shared with the electronic devices of the second type; and (claim 2)
rendering, based on the obtained transformation, a virtual object positioned in a location with respect to the 3D environment such that the virtual object is accessible to both the portable electronic device of the first type and the electronic devices of the second type at the location with respect to the 3D environment (claim 2),
Claim 2, Claim 9, Claim 16
Claim 2
Claim 3, Claim 10, Claim 17
Claim 3
Claim 4, Claim 11, Claim 18
Claim 4
Claim 5, Claim 12, Claim 19
Claim 5
Claim 6, Claim 13
Claim 6
Claim 7, Claim 14, Claim 20
Claim 7
Claim 8 (device embodiment of claim 1)
Claim 2
Claim 15 (CRM embodiment of claim 1)
Claim 2
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gurevich, P., Lanir, J., & Cohen, B. (2015). Design and implementation of teleadvisor: a projection-based augmented reality system for remote collaboration. Computer Supported Cooperative Work (CSCW), 24(6), 527-562.
TeleAdvisor is a versatile projection-based augmented reality system designed for remote collaboration. It allows a remote expert to naturally guide a local user in need of assistance in carrying out physical tasks around real-world objects.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sarah Lhymn whose telephone number is (571)270-0632. The examiner can normally be reached M-F, 9:00 AM to 6:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao Wu can be reached at 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Sarah Lhymn
Primary Examiner
Art Unit 2613
/Sarah Lhymn/Primary Examiner, Art Unit 2613
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