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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,307,605 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because each utilizes tracking and timestamp data to determine a frame/position to composite AR content with a captured image.
It would have been obvious to one of skill in the art before the effective filing date of the claimed invention at the time the invention was made to conclude that the invention defined in the claims at issue would have been an obvious variation of the invention defined in the claims in the patent because the patent sends timestamp information including at least a timestamp associated with tracking data and the augmented reality content data of each frame to the content recording module for use in predicting a future frame to composite AR content.
The following table shows the claims of the current application being examined and the conflicting claims of Patent 12, 307,605 B2.
Application: 19/188,289 Patent: 12,307,605 B2
1
1
2-4, 18-20
2
5
3
6
4
7-8
5
9, 15, 16
6
10-12
7
13
8
14
9
17
10
Application: 19/188,289 Patent: 12,307,605 B2
sending captured image data and metadata to a first set of computing processes for processing, the first set of computing processes comprising a content recording module;
receiving, asynchronously from a second set of computing processes, second metadata;
detecting a signal indicating a command to stop image data capturing;
in response to the detected signal, generating a composite augmented reality (AR) content item based on the metadata and the captured image data, wherein generating the composite AR content item occurs without modifying a raw image format of the captured image data that results in a reduced image quality from the raw image format,
sending captured image data and metadata to a first set of computing processes for processing, the first set of computing processes comprising a content recording module;
receiving, asynchronously from a second set of computing processes, second metadata;
detecting a signal indicating a command to stop image data capturing;
in response to the detected signal, generating a composite augmented reality (AR) content item based on the metadata and the captured image data, wherein generating the composite AR content item occurs without modifying a raw image format of the captured image data that results in a reduced image quality from the raw image format,
wherein generating the composite AR content item comprises: encoding, by the content recording module, each frame from the captured image data to a second image data format different from the raw image format of the captured image data, each of the encoded frames including an associated timestamp indicating when the encoded frames were captured
wherein generating the composite AR content item comprises: encoding, by the content recording module, each frame from the captured image data to a second image data format different from the raw image format of the captured image data, each of the encoded frames including an associated timestamp indicating when the encoded frames were captured;
providing the composite AR content item for rendering for display on an eyewear device, wherein the first set of computing processes further comprises an image data processing module, the second set of computing processes includes the image data processing module, and the metadata comprises a first set of timestamps corresponding to a first set of frames from the captured image data
providing the composite AR content item for rendering for display on an eyewear device, wherein the first set of computing processes further comprises an image data processing module, the second set of computing processes includes the image data processing module, and the metadata comprises a first set of timestamps corresponding to a first set of frames from the captured image data;
generating, by the image data processing module for each frame from the captured image data, tracking data and augmented reality content data corresponding to a particular augmented reality content generator, the second metadata comprising the tracking data and the augmented reality content data
generating, by the image data processing module for each frame from the captured image data, tracking data and augmented reality content data corresponding to a particular augmented reality content generator, the second metadata comprising the tracking data and the augmented reality content data;
sending, the tracking data, the augmented reality content data, and timestamp information including at least a timestamp associated with the tracking data and the augmented reality content data of each frame to the content recording module;
receiving, by the content recording module, second captured frames;
receiving, by the content recording module, the tracking data, the augmented reality content data, and the timestamp information
sending, the tracking data, the augmented reality content data, and timestamp information including at least a timestamp associated with the tracking data and the augmented reality content data of each frame to the content recording module;
receiving, by the content recording module, a first event indicating recording has stopped; determining, by the content recording module, that the tracking data, the augmented reality content data, and the timestamp information has not been received; receiving, by the content recording module, second captured frames; discarding, by the content recording module, the second captured frames in response to the first event; and
receiving, by the content recording module, the tracking data, the augmented reality content data, and the timestamp information,
wherein generating, by the content recording module, the composite AR content item, the generating further comprises:
combining, based on matching timestamp information, a set of encoded frames with the tracking data and the augmented reality content data into a set of composite AR content frames, each composite AR content frame including a corresponding encoded frame, corresponding tracking data, corresponding augmented reality content data, and corresponding timestamp information,
rendering, by a rendering module, AR content based on the corresponding tracking data and corresponding augmented reality content data, the rendering causing the AR content to be displayed within the corresponding encoded frame, and
predicting, by the rendering module, a predicted position to render AR content based at least in part on the tracking data from the set of composite AR content frames, the tracking data indicating a likelihood of the predicted position.
wherein generating, by the content recording module, the composite AR content item, the generating further comprises:
combining, based on matching timestamp information, a set of encoded frames with the tracking data and the augmented reality content data into a set of composite AR content frames, each composite AR content frame including a corresponding encoded frame, corresponding tracking data, corresponding augmented reality content data, and corresponding timestamp information, and wherein providing the composite AR content item for rendering for display on the eyewear device comprises: for each composite AR content frame from the set of composite AR content frames:
rendering, by a rendering module, AR content based on the corresponding tracking data and corresponding augmented reality content data, the rendering causing the AR content to be displayed within the corresponding encoded frame;
predicting, by the rendering module, a future frame to be rendered, the future frame not yet received by the rendering module and having a particular timestamp at a future time from each timestamp from the set of composite AR content frames; and rendering, by the rendering module, the future frame for display on the eyewear device.
*Bold type indicates differences in claims.
Conclusion
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/CHANTE E HARRISON/Primary Examiner, Art Unit 2615
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