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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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of this application
Claim 1 of U.S. Patent No. 12,322,056
1. A method comprising:
causing display of a first set of textual cues on a graphical user interface (GUI) of a computer device, the first set of textual cues associated with an augmented reality (AR) experience;
receiving a first set of image data and a first set of audio data, corresponding to the first set of textual cues;
generating a first AR effect associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
causing display of the first AR effect on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receiving a second set of image data corresponding to the second set of textual cues; and
in response to receiving the second set of image data, generating a second AR effect associated with the AR experience.
1a. A method comprising:
causing display of a first set of textual cues on a graphical user interface (GUI) of a computer device, the first set of textual cues associated with an augmented reality (AR) experience;
receiving a first set of image data and a first set of audio data, corresponding to the first set of textual cues;
generating a first AR object associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
causing display of the first AR object on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receiving a second set of image data corresponding to the second set of textual cues;
in response to receiving the second set of image data, generating a second AR object associated with the AR experience;
identifying a hand gesture from a user of the computer device; and
in response to identifying the hand gesture, modifying the second AR object.
As can be seen from the above comparison, claim 1 of U.S. Patent No. 12,322,056 anticipates each limitation of claim 1 of this instant application (Note that “a first AR object” in claim 1 of U.S. Patent No. 12,322,056 anticipates “a first AR effect” in the instant claim and “a second AR object” in claim 1 of U.S. Patent No. 12,322,056 anticipates “a second AR effect”).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of this application
Claim 1 of U.S. Patent No. 11,922,587
1. A method comprising:
causing display of a first set of textual cues on a graphical user interface (GUI) of a computer device, the first set of textual cues associated with an augmented reality (AR) experience;
receiving a first set of image data and a first set of audio data, corresponding to the first set of textual cues;
generating a first AR effect associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
causing display of the first AR effect on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receiving a second set of image data corresponding to the second set of textual cues; and
in response to receiving the second set of image data, generating a second AR effect associated with the AR experience.
A method comprising:
receiving, by a processor, a selection from a computer device, the selection comprising initiation of an augmented reality (AR) experience on an application running on the computer device;
in response to receiving the selection, causing display of a first set of textual cues on a graphical user interface (GUI) of the computer device, the first set of textual cues associated with the AR experience;
receiving a first set of image data and a first set of audio data, corresponding to the first set of textual cues;
generating a first AR object associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
causing display of the first AR object on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receiving a second set of image data corresponding to the second set of textual cues; and
in response to receiving the second set of image data, generating a second AR object associated with the AR experience.
As can be seen from the above comparison, claim 1 of U.S. Patent No. 11,922,587 anticipates each limitation of claim 1 of this instant application (Note that “a first AR object” in claim 1 of U.S. Patent No. 11,922,587 anticipates “a first AR effect” in the instant claim and “a second AR object” in claim 1 of U.S. Patent No. 11,922,587 anticipates “a second AR effect”).
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 9 of this application
Claim 9 of U.S. Patent No. 12,322,056
9. A computing system comprising:
a processor; and
a memory storing instructions that, when executed by the processor, configure the computing system to perform operations comprising:
causing display of a first set of textual cues on a graphical user interface (GUI) of a computer device, the first set of textual cues associated with an augmented reality (AR) experience;
receiving a first set of image data and a first set of audio data, corresponding to the first set of textual cues;
generating a first AR effect associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
causing display of the first AR effect on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receiving a second set of image data corresponding to the second set of textual cues;
in response to receiving the second set of image data, generating a second AR effect associated with the AR experience;
9. A computing system comprising:
a processor; and
a memory storing instructions that, when executed by the processor, configure the computing system to perform operations comprising:
causing display of a first set of textual cues on a graphical user interface (GUI) of a computer device, the first set of textual cues associated with an augmented reality (AR) experience;
receiving a first set of image data and a first set of audio data, corresponding to the first set of textual cues;
generating a first AR object associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
causing display of the first AR object on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receiving a second set of image data corresponding to the second set of textual cues;
in response to receiving the second set of image data, generating a second AR object associated with the AR experience;
identifying a hand gesture from a user of the computer device; and
in response to identifying the hand gesture, modifying the second AR object.
As can be seen from the above comparison, claim 9 of U.S. Patent No. 12,322,056 anticipates each limitation of claim 9 of this instant application (Note that “a first AR object” in claim 9 of U.S. Patent No. 12,322,056 anticipates “a first AR effect” in the instant claim and “a second AR object” in claim 9 of U.S. Patent No. 12,322,056 anticipates “a second AR effect”).
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 9 of this application
Claim 9 of U.S. Patent No. 11,922,587
9. A computing system comprising:
a processor; and
a memory storing instructions that, when executed by the processor, configure the computing system to perform operations comprising:
causing display of a first set of textual cues on a graphical user interface (GUI) of a computer device, the first set of textual cues associated with an augmented reality (AR) experience;
receiving a first set of image data and a first set of audio data, corresponding to the first set of textual cues;
generating a first AR effect associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
causing display of the first AR effect on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receiving a second set of image data corresponding to the second set of textual cues; and
in response to receiving the second set of image data, generating a second AR effect associated with the AR experience.
9. A computing system comprising:
a processor; and
a memory storing instructions that, when executed by the processor, configure the computing system to:
receive a selection from a computer device, the selection comprising initiation of an augmented reality (AR) experience on an application run on the computer device;
in response to receiving the selection, cause display of a first set of textual cues on a graphical user interface (GUI) of the computer device, the first set of textual cues associated with the AR experience;
receive a first set of image data and a first set of audio data corresponding to the first set of textual cues;
generate a first AR object associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
cause display of the first AR object on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receive a second set of image data corresponding to the second set of textual cues; and
in response to receiving the second set of image data, generate a second AR object associated with the AR experience.
As can be seen from the above comparison, claim 9 of U.S. Patent No. 11,922,587 anticipates each limitation of claim 9 of this instant application (Note that “a first AR object” in claim 9 of U.S. Patent No. 11,922,587 anticipates “a first AR effect” in the instant claim and “a second AR object” in claim 9 of U.S. Patent No. 11,922,587 anticipates “a second AR effect”).
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 17 of this application
Claim 17 of U.S. Patent No. 12,322,056
17. A non-transitory computer-readable storage medium including instructions that, when executed by a computer, cause the computer to perform operations comprising:
causing display of a first set of textual cues on a graphical user interface (GUI) of a computer device, the first set of textual cues associated with an augmented reality (AR) experience;
receiving a first set of image data and a first set of audio data, corresponding to the first set of textual cues;
generating a first AR effect associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
causing display of the first AR effect on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receiving a second set of image data corresponding to the second set of textual cues; and
in response to receiving the second set of image data, generating a second AR effect associated with the AR experience.
17. A non-transitory computer-readable storage medium including instructions that, when executed by a computer, cause the computer to perform operations comprising:
causing display of a first set of textual cues on a graphical user interface (GUI) of a computer device, the first set of textual cues associated with an augmented reality (AR) experience;
receiving a first set of image data and a first set of audio data, corresponding to the first set of textual cues;
generating a first AR object associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
causing display of the first AR object on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receiving a second set of image data corresponding to the second set of textual cues;
in response to receiving the second set of image data, generating a second AR object associated with the AR experience;
identifying a hand gesture from a user of the computer device; and
in response to identifying the hand gesture, modifying the second AR object.
As can be seen from the above comparison, claim 17 of U.S. Patent No. 12,322,056 anticipates each limitation of claim 17 of this instant application (Note that “a first AR object” in claim 17 of U.S. Patent No. 12,322,056 anticipates “a first AR effect” in the instant claim and “a second AR object” in claim 17 of U.S. Patent No. 12,322,056 anticipates “a second AR effect”).
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 17 of this application
Claim 17 of U.S. Patent No. 11,922,587
17. A non-transitory computer-readable storage medium including instructions that, when executed by a computer, cause the computer to perform operations comprising:
causing display of a first set of textual cues on a graphical user interface (GUI) of a computer device, the first set of textual cues associated with an augmented reality (AR) experience;
receiving a first set of image data and a first set of audio data, corresponding to the first set of textual cues;
generating a first AR effect associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
causing display of the first AR effect on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receiving a second set of image data corresponding to the second set of textual cues; and
in response to receiving the second set of image data, generating a second AR effect associated with the AR experience.
9. A computing system comprising:
a processor; and
a memory storing instructions that, when executed by the processor, configure the computing system to:
receive a selection from a computer device, the selection comprising initiation of an augmented reality (AR) experience on an application run on the computer device;
in response to receiving the selection, cause display of a first set of textual cues on a graphical user interface (GUI) of the computer device, the first set of textual cues associated with the AR experience;
receive a first set of image data and a first set of audio data corresponding to the first set of textual cues;
generate a first AR object associated with the AR experience based on the first set of image data and an analysis of keywords in the first set of audio data, the keywords identified using a voice machine learning model;
cause display of the first AR object on the GUI of the computer device and a second set of textual cues associated with the AR experience;
receive a second set of image data corresponding to the second set of textual cues; and
in response to receiving the second set of image data, generate a second AR object associated with the AR experience.
As can be seen from the above comparison, claim 17 of U.S. Patent No. 11,922,587 anticipates each limitation of claim 17 of this instant application (Note that “a first AR object” in claim 17 of U.S. Patent No. 11,922,587 anticipates “a first AR effect” in the instant claim and “a second AR object” in claim 17 of U.S. Patent No. 11,922,587 anticipates “a second AR effect”).
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of U.S. Patent No. 12,322,056 (resulting from App. No. 18/594,733).
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of U.S. Patent No. 11,922,587 (resulting from App. No. 17/740,598).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2024/0386675 by Healey et al., discloses a related technique (not eligible as prior art) in Fig. 2 capturing image data using a camera, capturing spatial information using one or more sensors,; receiving voice data using a microphone, analyzing the voice data to identify a keyword, analyzing the image data and the spatial information to identify an object corresponding to the keyword; generating text based on the voice data and the keyword.
US Patent No. 11,721,333 by Lee et al. teaches in Figs. 24-25 displaying an image including at least one object, receiving a voice, identifying an object associated with the voice among at least one object included in the image, by inputting the voice to an artificial intelligent (AI) model trained by an AI algorithm (for obtaining keywords) and obtaining tag information for the identified object, and providing the obtained tag information. The prior art, however, does not teach about textual cues associated with an AR experience.
US 2022/0254120 by Berliner et al. discloses in [0128] “movement of a keyboard relative to a virtual object may cause some change with respect to the virtual object. (e.g., the virtual object may move with the keyboard”, i.e., an AR effect associated a virtual object is generated.
US 2021/0034870 by Ha teaches in [0175] “the position of a virtual object of a 3D virtual image assigned to the corresponding physical object of actual image information is automatically adjusted so that a separation distance from the physical object is maintained and so displayed on the augmented reality glasses 100”, i.e. an AR effect associated a virtual object is generated.
US 2019/0278621 by Thomas et al. teaches in [0051] use of audio data to interact with a virtual object (“the voice recognition engine 216 is configured to receive a voice signal to authenticate a user and/or to identify a virtual objects and/or actions indicated by the user”).
US 2019/0358527 by Nozaki teaches in a virtual reality game using a sound recognition technique to recognizes sound that is input as the sound input information, which includes a conformity determination portion that determines a degree of conformity between (a) the sound input information that is recognized and (b) reference information and includes an action controller that changes an action effect according to the degree of conformity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XUEMEI ZHENG whose telephone number is (571)272-1434. The examiner can normally be reached Monday-Friday: 9:30 pm-6:00 pm.
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/XUEMEI ZHENG/Primary Examiner, Art Unit 2629