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 .
Response to Amendment
Amendment changes scope of previous claim set, thereby necessitating a new grounds thereof.
Response to Arguments
Applicant's Remarks filed 29 May 2026 have been fully considered but they are not persuasive.
Applicant’s Remarks state that amended claimed matter is not taught with respect to Kurokawa, as cited in Non-Final Rejection mailed on 04/09/2026. Reasons include: “the content automatically changes when the distance between the camera and the hand is determined”, and “Kurokawa is silent with respect to a hierarchical apparatus operation including a transition to a mode in accordance with the recognized gesture and the layer the recognized gesture is classified in”.
The office respectfully disagrees. Kurokawa’s Fig. 7 operation hierarchical flow chart respectfully describes how the distances transition to the different distance program layers that operate in accordance to different distance gesture mode/modes. Figs. 8-9 illustrate working examples, where Fig. 9 has multiple gesture types for selecting a menu number that respectfully executes the corresponding mode/ opens the corresponding menu number programed function. Please note, additional citations have been included in instant office action, in view of amended claimed matter.
Therefore, the office respectfully disagrees.
Claim Objections
Claim 18 objected to because of the following informalities: “and,” should be corrected to “, and”.
Appropriate correction is respectfully requested.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 19-20 rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 recites the amended limitation "the apparatus" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim. Claim 20 respectfully depends from claim 19.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1- 4 & 18- 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kurokawa (U.S. 2014/0043232 A1).
With respect to claim 1 - Kurokawa discloses: an apparatus comprising circuitry configured to: (Kurokawa, figs. 1-2, apparatus 100, disclosed in ¶ [0039]- ¶ [0045] & ¶ [0054]- ¶ [0055]; please note, the office respectfully construes cited multiple computing hardware to respectfully include interconnecting circuitry) acquire information related to a shape of a pointing object from a sensor that acquires the information, and recognize a gesture operation based on the acquired information (Kurokawa, figs. 1-5D, sensor = camera 2, disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0053], ¶ [0079], ¶ [0087]- ¶ [0088], & abstract), the gesture operation corresponding to a motion of the pointing object and being recognizable in one of at least three layers in which a plurality of gesture operations are classified (Kurokawa, figs. 1-5D, disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0053], ¶ [0079], & ¶ [0087]- ¶ [0088]; please note, {movement= motion} & {three layers = short-distance, middle-distance, & long-distance}), each of the at least three layers includes one or more modes, wherein when the circuitry recognizes a first gesture operation in a top layer of the at least three layers, the circuitry becomes ready to recognize a gesture operation classified in a second layer of the at least three layers, and when the circuitry recognizes a second gesture operation in the second layer, the circuitry becomes ready to recognize a gesture operation classified in a third layer of the at least three layers, and the circuitry is configured to transition to the one or more modes corresponding to the gesture operation recognized by the apparatus and the one of the at least three layers the gesture is classified in (Kurokawa, figs. 1-5D & 7-9, disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0053], ¶ [0066]- ¶ [0083], & ¶ [0087]- ¶ [0088]; please note, three layers = long-distance {moving cursor gesture, ¶ [0051]}, middle-distance {menu number designating gesture, ¶ [0052]}, & short-distance/ top layer {scrolling gesture, ¶ [0053]}).
With respect to claim 2 - Kurokawa discloses: the apparatus of claim 1, wherein when the circuitry recognizes, in the second layer, a gesture operation for ending the recognition of the gesture operation classified in the second layer, the circuitry becomes ready to recognize a gesture operation classified in the top layer, and wherein when the circuitry recognizes, in the third layer, a gesture operation for ending the recognition of the gesture operation classified in the third layer, the circuitry becomes ready to recognize the gesture operation classified in the second layer (Kurokawa, figs. 1-5D, disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0053], ¶ [0079], & ¶ [0087]- ¶ [0088]; please note, three layers = long-distance {moving cursor gesture, ¶ [0051]}, middle-distance {menu number designating gesture, ¶ [0052]}, & short-distance/ top layer {scrolling gesture, ¶ [0053]}).
With respect to claim 3 - Kurokawa discloses: the apparatus of claim 1, wherein the circuitry causes transition from a current layer to an upper layer or a lower layer in the at least three layers (Kurokawa, figs. 1-5D, disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0053], ¶ [0079], & ¶ [0087]- ¶ [0088]; please note, three layers = long-distance {moving cursor gesture, ¶ [0051]}, middle-distance {menu number designating gesture, ¶ [0052]}, & short-distance/ top layer {scrolling gesture, ¶ [0053]}).
With respect to claim 4 - Kurokawa discloses: the apparatus of claim 1, wherein when the circuitry recognizes the pointing object in an initial state, the circuitry identifies the top layer and becomes ready to recognize a gesture operation classified in the top layer (Kurokawa, figs. 1-5D, disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0053], ¶ [0079], & ¶ [0087]- ¶ [0088]; please note, three layers = long-distance {moving cursor gesture, ¶ [0051]}, middle-distance {menu number designating gesture, ¶ [0052]}, & short-distance/ top layer {scrolling gesture, ¶ [0053]}).
With respect to claim 18 - Kurokawa discloses: a display system (Kurokawa, figs. 1-2 illustrates a display system 100, disclosed in ¶ [0039]- ¶ [0045], ¶ [0054]- ¶ [0055], & abstract) comprising: an apparatus to recognize a gesture operation corresponding to a motion of a pointing object and receive an operation according to the gesture operation; and an information processing system to communicate with the apparatus via a network, the apparatus including first circuitry configured to acquire information related to a shape of the pointing object from a sensor that acquires the information (Kurokawa, figs. 1-7 illustrate apparatus = 51+ 52+ 53+ 54, information processing system = processor {not illustrated, described in ¶ [0054]}, sensor = camera 2, & corresponding illustrated networking circuitry; disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0066], ¶ [0079], ¶ [0087]- ¶ [0088], & abstract; please note, {movement= motion} & {three layers = short-distance, middle-distance, & long-distance}), and a first network interface circuit to transmit the information to the information processing system, and the information processing system including a second circuitry configured to analyze the information received from the apparatus and recognize the gesture operation based on the information acquired by the sensor, the gesture operation being recognizable in one of at least three layers in which a plurality of gesture operations are classified, and a second network interface circuit to report to the apparatus a layer of the at least three layers corresponding to the recognized gesture operation (Kurokawa, figs. 1-7 illustrate apparatus = 51+ 52+ 53+ 54, information processing system = processor {not illustrated, described in ¶ [0054]}, sensor = camera 2, & corresponding illustrated networking circuitry; disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0066], ¶ [0079], ¶ [0087]- ¶ [0088], & abstract; please note, three layers = long-distance {moving cursor gesture, ¶ [0051]}, middle-distance {menu number designating gesture, ¶ [0052]}, & short-distance/ top layer {scrolling gesture, ¶ [0053]}; the office respectfully construes that the connected processor within the controller 5 to respectfully include circuitry thereto {i.e., first network interface circuit} & therefrom {i.e., second circuitry}, in order for proper operation and functionality thereof), each of the at least three layers associates with one or more modes of the apparatus, wherein when the second circuitry of the information processing system recognizes a first gesture operation in a top layer of the at least three layers, the second circuitry of the information processing system becomes ready to recognize a gesture operation classified in a second layer of the at least three layers, when the second circuitry of the information processing system recognizes a second gesture operation in the second layer, the second circuitry of the information processing system becomes ready to recognize a gesture operation classified in a third layer of the at least three layers, when the second circuitry recognizes the gesture operation and, the apparatus transits to the one or more corresponding modes of the one of the at least three layers the gesture operation is classified in, and the first circuity of the apparatus executes a process in the layer reported from the information processing system (Kurokawa, figs. 1-7 & 9 illustrate networking circuitry; disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0083], ¶ [0087]- ¶ [0088], & abstract; please note, three layers = long-distance {moving cursor gesture, ¶ [0051]}, middle-distance {menu number designating gesture, ¶ [0052]}, & short-distance/ top layer {scrolling gesture, ¶ [0053]}; the office respectfully construes that the connected processor within the controller 5 to respectfully include circuitry thereto {i.e., first network interface circuit} & therefrom {i.e., second circuitry}, in order for proper operation and functionality thereof).
With respect to claim 19 - Kurokawa discloses: a gesture recognition method (Kurokawa, figs. 1-2, apparatus 100, disclosed in ¶ [0039]- ¶ [0045], ¶ [0054]- ¶ [0055], & abstract) comprising: acquiring information related to a shape of a pointing object from a sensor; and recognizing a gesture operation based on the acquired information (Kurokawa, figs. 1-5D, sensor = camera 2, disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0053], ¶ [0079], ¶ [0087]- ¶ [0088], & abstract), the gesture operation corresponding to a motion of the pointing object and being recognizable in one of at least three layers in which a plurality of gesture operations are classified (Kurokawa, figs. 1-5D, disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0053], ¶ [0079], & ¶ [0087]- ¶ [0088]; please note, {movement= motion} & {three layers = short-distance, middle-distance, & long-distance}), wherein each of the at least three layers includes one or more modes of the apparatus, wherein the method further comprises transitioning to the one or more modes corresponding to the gesture operation recognized by the apparatus and the one of the at least three layers the gesture is classified in, wherein, when the recognizing recognizes a first gesture operation in a top layer of the at least three layers, the method further comprises: becoming ready to recognize a gesture operation classified in a second layer of the at least three layers, and wherein, when the recognizing recognizes a second gesture operation in the second layer, the method further comprises: becoming ready to recognize a gesture operation classified in a third layer of the at least three layers (Kurokawa, figs. 1-5D & 7-9, disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0055], ¶ [0066]- ¶ [0083], & ¶ [0087]- ¶ [0088]; please note, three layers = long-distance {moving cursor gesture, ¶ [0051]}, middle-distance {menu number designating gesture, ¶ [0052]}, & short-distance/ top layer {scrolling gesture, ¶ [0053]}).
With respect to claim 20 - Kurokawa discloses: a non-transitory recording medium storing a plurality of instructions which, when executed by one or more processors, causes the one or more processors to perform the method according to claim 19 (Kurokawa, figs. 1-5D, disclosed in ¶ [0032], ¶ [0039], ¶ [0042], ¶ [0045]- ¶ [0055], ¶ [0079], & ¶ [0087]- ¶ [0088]; please note, three layers = long-distance {moving cursor gesture, ¶ [0051]}, middle-distance {menu number designating gesture, ¶ [0052]}, & short-distance/ top layer {scrolling gesture, ¶ [0053]}; please note, non-transitory recording medium = RAM - with respect to ¶ [0045] & ¶ [0054]).
Allowable Subject Matter
Claim 5 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.
Claims 6-17 are objected above in Claim Objections without any withstanding Claim Rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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Duane N. Taylor Jr.
Primary Patent Examiner
Art Unit 2626
/DUANE N TAYLOR JR/ Primary Patent Examiner, Art Unit 2626
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