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 .
DETAILED ACTION
Obviousness Type Double Patenting Rejection
1. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
2. Claims 1-6 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of Patent No. (US 12554321) in view of Watanabi (US 20150192774).
See the comparison bellow:
Patent No: 12,554,321
1. A wearable device comprising:
a detector device configured to detect a movement of a line of sight of a right eye of a user wearing the wearable device and a movement of a line of sight of a left eye of the user, and
detect a convergence angle at which the line of sight of the right eye and the line of sight of the left eye intersect,
a display device configured to start displaying an augmented reality image in responding to detection of a first convergence angle,
the augmented reality image including pages arranged in an order,
one of the pages being a front page partially overlapping other pages, switch the front page to a following page or a preceding page in responding to detection of the movement of the line of sight of the right eye of the user or the movement of the line of sight of the left eye of the user, and stop displaying the augmented reality image in responding to detection of a second convergence angle, the first convergence angle being wider than the second convergence angle.
Claim 1 corresponding to claims 4-5
Current Application 19222612
1. A wearable device comprising:
a frame worn by a user and comprising a display configured to display a real world and an augmented reality image;
a detector configured to detect a direction of a line of sight of the user; and a processor configured to cause the display to display a first augmented reality image based on the direction of the line of sight of the user,
the first augmented reality image comprising a name of an object in the real world seen by the user.
2. The wearable device of claim 1, wherein the processor is configured to display and not to display the first augmented reality image based on a change of the direction of the line of sight of the user.
Claims 4-5
Although the claims at issue patent are not identical, they are not patentably distinct from each other because except for minor wording and insignificant changes in terminology. Each claim limitation of the Patent reads on the corresponding limitation of the current Application except the limitations “disclose the first augmented reality image comprising a name of an object in the real world seen by the user”.
Watanabe discloses the augmented reality image comprising a name of an object (see Fig. 1; [0001, 0154, 0163]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aonuma with the teaching of Watanabi, thereby, user can adjust a HMD display position suitable for a distance to a work object.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
3. Claims 1-2 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aonuma (US 20160133051, IDS) in view of Watanabi (US 20150192774).
Regarding claims 1 and 4:
Aonuma (US 20160133051 A1) discloses a wearable device (see Fig. 3) comprising:
a frame worn (100) by a user and comprising a display configured to display a real world and an augmented reality image ([0142]);
a detector configured to detect a direction of a line of sight of the user (see Figs. 3A, 20, [0133, 0138, 0148]); a processor (100) configured to cause the display to display a first augmented reality image based on the direction of the line of sight of the user(see Fig. 4, 20; [0015, 0148]).
However, Aonuma does not specifically disclose the first augmented reality image comprising a name of an object in the real world seen by the user.
Watanabe discloses the augmented reality image comprising a name of an object (see Fig. 1; [0001, 0154, 0163]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aonuma with the teaching of Watanabi, thereby, user can adjust a HMD display position suitable for a distance to a work object.
Regarding claims 2 and 5:
Aonuma discloses wherein processor is configured to display and not to display the first augmented reality image based on a change of the direction of the line of sight of the user ( [0293] Thereafter, the operation processing unit 164 determines whether conditions for terminating a display have been satisfied (step S49). When the conditions for terminating a display have not been satisfied (step S49; NO), the operation processing unit returns to step S45. In addition, when the conditions for terminating a display have been satisfied (step S49; YES), the operation processing unit stops displaying an AR content. Examples of the conditions for terminating the display include the presence of an instruction for the termination which is given by an operation unit 135, the completion of the display of the AR content, and the like.
4. Claims 3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aonuma in view of Watanabi (US 20150192774) in view of Jin (US 20150358614 A1).
Regarding claims 3 and 6:
Aonuma in view of Watanabi does not specifically disclose wherein the processor is configured to transmit a request signal to an electronic device and receive the first augmented reality image transmitted from the electronic device in response to the request.
Jin discloses wherein the processor (120) is configured to transmit a request signal to an electronic device and receive the first augmented reality image transmitted from the electronic device in response to the request (Jin [0088-0089]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aonuma with the teaching of Watanabi and Jin, thereby the processor would provide a high efficient data transmission in the augmented reality image.
Pertinent art
5. Pertinent art of record Machida (US 20120320100 A1) discloses display device.
Inquiry
6. Any inquiry concerning this communication or earlier communication from the examiner should be directed to Shaheda Abdin whose telephone number is (571) 270-1673.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LunYi Lao could be reached at (571) 272-7671. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAHEDA A ABDIN/ Primary Examiner, Art Unit 2621