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 .
Claims 2-5, 7-9, 11-12, and 14-23 are currently pending and prosecuted.
Response to Arguments
Applicant's arguments filed 4 May 2026 have been fully considered but they are not persuasive. Applicant contends the amendments overcome the previous rejection. The Examiner respectfully disagrees.
As discussed in multiple interviews, the use of a display to display the virtual object to the user is necessary for the device to function. While the Applicant has amended the claims to note the virtual object is displayed, there is no corresponding structural component to display the virtual object. For example, the tracking information is acquired, via a sensor, and wrist information is detected, via a neuromuscular-signal sensor. However, there is no corresponding structural component to display the virtual object to the user. As previously noted, an amendment to include a display, like display 130 or the wearable display 231 or 233 within wearable devices 230 or 232, would likely overcome the instant rejection and expedite prosecution.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-5, 7-9, 11-12, and 14-23 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without “a display to present a virtual object to the user”, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
Claims 2, 11, and 16 contain the limitation “a contact feature characterizing an interaction of the user with a virtual object.” Currently, the claims do not provide any way for a virtual object to be presented or displayed to a user. However, in order for the user to interact with a virtual object, it is necessary that the virtual object be displayed to the user via a display. For example, in Figs. 1A-1H, the virtual object 140 is displayed to the user 110 by the display 130 in an artificial reality environment 132. It is noted that [0029] of the Specification specifically states, “the path of the virtual object 140 are displayed on a display (e.g., a head-wearable device or television).” Similarly, in Figs. 2A-3C, the virtual object 140 is displayed to the user 110 through head-wearable device 230 or 232 through display 231 or 233, respectively. It is noted in [0046] that “the user 110 making contact with the virtual object 140 using the virtual bat 250 as indicated on the display 231.” Thus, based on the Applicant’s Specification, a display to present the virtual object to a user is critical and essential to the practice of the invention and necessarily must be present within the claims but is not included in the claims.
As such, Claims 2, 11 and 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, due to a lack of enablement. Similarly, Claims 3-5, 7-9, 12, 14 and 17-23 are rejected due to their dependency on Claims 2, 11, and 16, respectively.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-5, 7-9, 11-12, and 14-23 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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.
It is unclear to the Examiner how the device displays the virtual object to the user if a display is not provided. While the Applicant has amended the claims to note the virtual object is displayed, there is no corresponding structural component to display the virtual object. For example, the tracking information is acquired, via a sensor, and wrist information is detected, via a neuromuscular-signal sensor. However, there is no corresponding structural component to display the virtual object. There are multiple manners in which a virtual object may be displayed to the user, either using a display screen located within a wearable device, a display located in the sight of the user or in a holographic manner to the user while the user is present in a virtual simulation. Since there is confusion as to how the object may be displayed to the user, an indefinite issue arises.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Edelson et al., US PG-Pub 2024/0302899, teaches virtual device that provides feedback to the user while tracking movements and interacting with a virtual object; and
Stafford et al., US PG-Pub 2022/0134219, teaches a wearable device that tracks the user’s interactions within a virtual environment and provides feedback.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN T REED whose telephone number is (571)272-7234. The examiner can normally be reached M-F: 0800-1800.
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://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at 571-272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN T. REED
Primary Examiner
Art Unit 2627
/Stephen T. Reed/Primary Examiner, Art Unit 2627
Prosecution Insights