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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-6, 8, 11-13, and 15 of U.S. Patent No. 11099631. Although the claims at issue are not identical, they are not patentably distinct from each other because the systems of this application contains similar structures adequate to perform the functions recited in the patent application. The claims are as follows with the differences highlighted:
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With reference to claim 1: A method, comprising: obtaining a posture signal indicative of a posture of a user of a virtual reality display system; and outputting a field of view of a virtual reality scene to the virtual reality display system, wherein the field of view is a motion tracked field of view when the posture signal corresponds to good posture and the field of view is a moved field of view when the posture signal corresponds to bad posture.
With reference to claim 1: A method for outputting fields of view of a virtual reality system according to postures of a user of the virtual reality system, the method comprising: outputting a field of view to a display of the virtual reality system such that the field of view corresponds to a tracked motion of a head of the user; detecting, using a sensor of the virtual reality system, a posture of the user; and upon determining that the posture of the user is not acceptable, altering the field of view based on the posture of the user such that the field of view differs from the tracked motion of the head of the user.
With reference to claim 15: A content display method for a head-mounted display, comprising: tracking a location and an attitude for a head of a user; determining a head-tracked field of view relative to a scene, wherein the head-tracked field of view corresponds to the location and the attitude for the head of the user; detecting a posture of the user; determining whether the posture of the user is acceptable; in response to determining that the posture of the user is acceptable, displaying content to the user according to the head-tracked field of view; and in response to determining that the posture of the user is unacceptable: determining an altered field of view that deviates from the head-tracked field of view according to the posture of the user, and displaying content to the user according to the altered field of view.
Claim 1 of this application is being anticipated by claims 1 and 15 of patent 11099631 with similar variation in the non-highlighted limitation above.
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With reference to claim 9: A system, comprising: a memory; and a processor configured to execute instructions stored in the memory to: obtain a posture signal indicative of a posture of a user of a virtual reality display system, and output a field of view of a virtual reality scene to the virtual reality display system, wherein the field of view is a motion tracked field of view when the posture signal corresponds to good posture and the field of view is a moved field of view when the posture signal corresponds to bad posture.
With reference to claim 8: An apparatus for outputting fields of view of a virtual reality system according to postures of a user of the virtual reality system, the apparatus comprising: a computing device that includes a memory and a processor that is configured to execute instructions stored in the memory to: transmit data indicative of a first field of view that corresponds to a tracked motion of a head of the user, receive data indicative of a posture of the user from a sensor of the virtual reality system, and transmit data indicative of a second field of view in response to the data indicative of the posture of the user, wherein the second field of view differs from the first field of view based on a difference between the posture of the user and an acceptable posture.
With reference to claim 15: A content display method for a head-mounted display, comprising: tracking a location and an attitude for a head of a user; determining a head-tracked field of view relative to a scene, wherein the head-tracked field of view corresponds to the location and the attitude for the head of the user; detecting a posture of the user; determining whether the posture of the user is acceptable; in response to determining that the posture of the user is acceptable, displaying content to the user according to the head-tracked field of view; and in response to determining that the posture of the user is unacceptable: determining an altered field of view that deviates from the head-tracked field of view according to the posture of the user, and displaying content to the user according to the altered field of view.
Claim 9 of this application is being anticipated by claims 8 and 15 of patent 11099631 with similar variation in the non-highlighted limitation above.
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With reference to claim 15: A non-transitory computer-readable storage device including computer interpretable program instructions that, when executed by a computing device, cause the computing device to perform operations, the operations comprising: obtaining a posture signal indicative of a posture of a user of a virtual reality display system; and outputting a field of view of a virtual reality scene to the virtual reality display system, wherein the field of view is a motion tracked field of view when the posture signal corresponds to good posture and the field of view is a moved field of view when the posture signal corresponds to bad posture.
With reference to claim 15: A content display method for a head-mounted display, comprising: tracking a location and an attitude for a head of a user; determining a head-tracked field of view relative to a scene, wherein the head-tracked field of view corresponds to the location and the attitude for the head of the user; detecting a posture of the user; determining whether the posture of the user is acceptable; in response to determining that the posture of the user is acceptable, displaying content to the user according to the head-tracked field of view; and in response to determining that the posture of the user is unacceptable: determining an altered field of view that deviates from the head-tracked field of view according to the posture of the user, and displaying content to the user according to the altered field of view.
With reference to claim 8: An apparatus for outputting fields of view of a virtual reality system according to postures of a user of the virtual reality system, the apparatus comprising: a computing device that includes a memory and a processor that is configured to execute instructions stored in the memory to: transmit data indicative of a first field of view that corresponds to a tracked motion of a head of the user, receive data indicative of a posture of the user from a sensor of the virtual reality system, and transmit data indicative of a second field of view in response to the data indicative of the posture of the user, wherein the second field of view differs from the first field of view based on a difference between the posture of the user and an acceptable posture.
Claim 15 of this application is being anticipated by claims 8 and 15 of patent 11099631 with similar variation in the non-highlighted limitation above.
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With reference to claim 2:
With reference to claim 1:
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With reference to claim 15:
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With reference to claims 1 and 5:
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With reference to claims 8, 11, 12, and 13:
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With reference to claims 8, 11, 12, and 13:
Claims 2-8, 10-14, and 16-20 of this application is being anticipated by claim 1, 5-6, 8, 11-13, and 15 of patent 11099631 with similar variation in the non-highlighted limitation above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 20140028458 relates to a content providing method in an electronic device, the method including: reproducing an image of content; obtaining information regarding a posture of a user based on an image of the user; determining whether the posture of the user is acceptable based on the obtained information regarding the posture of the user; and controlling reproduction of the content according to a result of the determination.
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/IFEDAYO B ILUYOMADE/Primary Examiner, Art Unit 2624 12/12/2025